[House Report 110-477]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-477
______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008
----------
CONFERENCE REPORT
to accompany
H.R. 1585
[GRAPHIC] [TIFF OMITTED] TONGRESS.#13
December 6, 2007.--Ordered to be printed
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008
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110th Congress
1st Session HOUSE OF REPRESENTATIVES Report
110-477
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008
__________
CONFERENCE REPORT
to accompany
H.R. 1585
[GRAPHIC] [TIFF OMITTED] TONGRESS.#13
December 6, 2007.--Ordered to be printed
C O N T E N T S
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Page
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE....... 609
Summary Statement of Conference Actions...................... 609
Explanation of funding summary............................... 609
CONGRESSIONAL DEFENSE COMMITTEES................................. 622
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS................. 622
Title I--Procurement............................................. 622
Procurement overview..................................... 622
Budget Items................................................. 624
Aircraft Procurement, Army--Overview..................... 624
Missile Procurement, Army--Overview...................... 629
Procurement of Weapons and Tracked Combat Vehicles,
Army--Overview......................................... 632
Procurement of Ammunition, Army--Overview................ 638
Other Procurement, Army--Overview........................ 643
Aircraft Procurement, Navy--Overview..................... 663
Weapons Procurement, Navy--Overview...................... 670
Procurement of Ammunition, Navy and Marine Corps--
Overview............................................... 674
Shipbuilding and Conversion, Navy--Overview.............. 679
Other Procurement, Navy--Overview........................ 683
Procurement, Marine Corps--Overview...................... 696
Aircraft Procurement, Air Force--Overview................ 704
Procurement of Ammunition, Air Force--Overview........... 713
Missile Procurement, Air Force--Overview................. 716
Advanced extremely high frequency satellite.............. 720
Other Procurement, Air Force--Overview................... 720
Procurement, Defense-wide--Overview...................... 727
National Guard and Reserve Equipment--Overview........... 735
Item of Special Interest..................................... 738
Unmanned aerial systems management....................... 738
Subtitle A--Authorization of Appropriations.................. 739
Authorization of appropriations (secs. 101-105).......... 739
Subtitle B--Army Programs.................................... 739
Multiyear procurement authority for M1A2 Abrams System
Enhancement Package upgrades (sec. 111)................ 739
Multiyear procurement authority for M2A3/M3A3 Bradley
fighting vehicle upgrades (sec. 112)................... 739
Multiyear procurement authority for conversion of CH-47D
helicopters to CH-47F configuration (sec. 113)......... 739
Multiyear procurement authority for CH-47F helicopters
(sec. 114)............................................. 739
Limitation on use of funds for Increment 1 of the
Warfighter Information Network-Tactical program pending
certification to Congress (sec. 115)................... 740
Prohibition on closure of Army Tactical Missile System
production line pending report (sec. 116).............. 740
Stryker Mobile Gun System (sec. 117)..................... 740
Subtitle C--Navy Programs.................................... 740
Multiyear procurement authority for Virginia-class
submarine program (sec. 121)........................... 740
Report on shipbuilding investment strategy (sec. 122).... 741
Sense of Congress on the preservation of a skilled United
States shipyard workforce (sec. 123)................... 741
Assessments required prior to start of construction on
first ship of a shipbuilding program (sec. 124)........ 742
Littoral Combat Ship (LCS) program (sec. 125)............ 742
Subtitle D--Air Force Programs............................... 742
Limitation on Joint Cargo Aircraft (sec. 131)............ 742
Clarification of limitation on retirement of U-2 aircraft
(sec. 132)............................................. 743
Repeal of requirement to maintain retired C-130E tactical
aircraft (sec. 133).................................... 743
Limitation on retirement of C-130E/H tactical airlift
aircraft (sec. 134).................................... 743
Limitation on retirement of KC-135E aerial refueling
aircraft (sec. 135).................................... 744
Transfer to Government of Iraq of three C-130E tactical
airlift aircraft (sec. 136)............................ 744
Modification of limitations on retirement of B-52 bomber
aircraft (sec. 137).................................... 744
Legislative Provisions Not Adopted........................... 745
Advance procurement for Virginia class submarine program. 745
Authority to transfer funds for submarine engineered
refueling overhauls and conversions and for aircraft
carrier refueling complex overhauls.................... 745
Consolidation of Joint Network Node program and
Warfighter Information Network-Tactical program into
single Army tactical network program................... 746
General fund enterprise business system.................. 746
Limitation on final assembly of VH-71 presidential
transport helicopters.................................. 746
Limitation on retiring C-5 aircraft...................... 746
Responsibility of the Air Force for fixed-wing support of
Army intra-theater logistics........................... 747
Sense of Congress on rapid fielding of Associate
Intermodal Platform system and other innovative
logistics systems...................................... 748
Sense of Congress on the Air Force strategy for the
replacement of the aerial refueling tanker aircraft
fleet.................................................. 748
Sense of Congress regarding need to replace Army M109
155mm self-propelled howitzer.......................... 748
Title II--Research, Development, Test, and Evaluation............ 749
Budget Items................................................. 749
Research, Development, Test, and Evaluation overview..... 749
Army..................................................... 751
Research, Development, Test, and Evaluation, Army
overview........................................... 751
Wide-area persistent surveillance.................... 769
Navy..................................................... 769
Research, Development, Test, and Evaluation, Navy
overview........................................... 769
Threat D............................................. 784
Air Force................................................ 784
Research, Development, Test, and Evaluation, Air
Force overview..................................... 784
Global positioning system III........................ 799
Transformational communication satellite system...... 799
Space Radar.......................................... 800
Alternate infrared satellite system.................. 801
Defense-wide............................................. 801
Research, Development, Test, and Evaluation, Defense-
wide overview...................................... 801
National defense education program................... 817
Airborne Laser....................................... 817
Aegis ballistic missile defense...................... 818
Prompt Global Strike................................. 819
Joint command and control............................ 820
Test and Evaluation...................................... 820
Operational, Test, and Evaluation, Defense overview.. 820
Items of Special Interest.................................... 822
Aerial common sensor..................................... 822
Missile defense test and targets program................. 822
NSA acquisition management............................... 824
Subtitle A--Authorization of Appropriations..................
Authorization of appropriations (sec. 201)............... 824
Amount for defense science and technology (sec. 202)..... 824
Subtitle B--Program Requirements, Restrictions, and
Limitations................................................ 825
Operational test and evaluation of Future Combat Systems
network (sec. 211)..................................... 825
Limitation on use of funds for systems development and
demonstration of Joint Light Tactical Vehicle program
(sec. 212)............................................. 825
Requirement to obligate and expend funds for development
and procurement of a competitive propulsion system for
the Joint Strike Fighter (sec. 213).................... 826
Limitation on use of funds for defense-wide manufacturing
science and technology program (sec. 214).............. 826
Advanced sensor applications program (sec. 215).......... 826
Active protection systems (sec. 216)..................... 827
Subtitle C--Ballistic Missile Defense........................ 827
Participation of Director, Operational Test and
Evaluation, in missile defense test and evaluation
activities (sec. 221).................................. 827
Study on future roles and missions of the Missile Defense
Agency (sec. 222)...................................... 827
Budget and acquisition requirements for Missile Defense
Agency activities (sec. 223)........................... 828
Limitation on use of funds for replacing warhead on SM-3
Block IIA missile (sec. 224)........................... 829
Extension of Comptroller General assessments of ballistic
missile defense programs (sec. 225).................... 830
Limitation on availability of funds for procurement,
construction, and deployment of missile defenses in
Europe (sec. 226)...................................... 830
Sense of Congress on missile defense cooperation with
Israel (sec. 227)...................................... 832
Limitation on availability of funds for deployment of
missile defense interceptors in Alaska (sec. 228)...... 833
Policy of the United States on protection of the United
States and its allies against Iranian ballistic
missiles (sec. 229).................................... 833
Subtitle D--Other Matters.................................... 833
Coordination of human systems integration activities
related to acquisition programs (sec. 231)............. 833
Expansion of authority for provision of laboratory
facilities, services, and equipment (sec. 232)......... 834
Modification of cost sharing requirement for technology
transition initiative (sec. 233)....................... 835
Report on implementation of Manufacturing Technology
Program (sec. 234)..................................... 835
Assessment of sufficiency of test and evaluation
personnel (sec. 235)................................... 835
Repeal of requirement for separate reports on technology
area review and assessment summaries (sec. 236)........ 835
Modification of notice and wait requirement for
obligation of funds for foreign comparative test
program (sec. 237)..................................... 836
Strategic plan for the Manufacturing Technology Program
(sec. 238)............................................. 836
Modification of authorities on coordination of Defense
Experimental Program to Stimulate Competitive Research
with similar federal programs (sec. 239)............... 837
Enhancement of defense nanotechnology research and
development program (sec. 240)......................... 837
Federally funded research and development center
assessment of the Defense Experimental Program to
Stimulate Competitive Research (sec. 241).............. 837
Cost-benefit analysis of proposed funding reduction for
High Energy Laser Systems Test Facility (sec. 242)..... 837
Prompt global strike (sec. 243).......................... 838
Legislative Provisions Not Adopted........................... 838
Gulf War illnesses research.............................. 838
Increased funds for X Lab battlespace laboratory......... 839
Modeling, analysis, and simulation of military and non-
military operations in complex urban environments...... 839
Reduction of amounts for Army Venture Capital Fund
demonstration.......................................... 839
Sense of Congress concerning full support for development
and fielding of a layered ballistic missile defense.... 840
Title III--Operation and Maintenance............................. 840
Operation and maintenance overview....................... 840
Subtitle A--Authorization of Appropriations.................. 876
Operation and maintenance funding (sec. 301)............. 876
Subtitle B--Environmental Provisions......................... 876
Reimbursement of Environmental Protection Agency for
certain costs in connection with Moses Lake Wellfield
Superfund Site, Moses Lake, Washington (sec. 311)...... 876
Reimbursement of Environmental Protection Agency for
certain costs in connection with the Arctic Surplus
Superfund Site, Fairbanks, Alaska (sec. 312)........... 876
Payment to Environmental Protection Agency of stipulated
penalties in connection with Jackson Park Housing
Complex, Washington (sec. 313)......................... 876
Report on control of the brown tree snake (sec. 314)..... 876
Notification of certain residents and civilian employees
at Camp Lejeune, North Carolina, of exposure to
drinking water contamination (sec. 315)................ 877
Subtitle C--Workplace and Depot Issues....................... 877
Availability of funds in Defense Information Systems
Agency working capital fund for technology upgrades to
Defense Information Systems Network (sec. 321)......... 877
Modification to public-private competition requirements
before conversion to contractor performance (sec. 322). 877
Public-private competition at end of period specified in
performance agreement not required (sec. 323).......... 877
Guidelines on insourcing new and contracted out functions
(sec. 324)............................................. 878
Restriction on Office of Management and Budget influence
over Department of Defense public-private competitions
(sec. 325)............................................. 878
Bid protests by federal employees in actions under Office
of Management and Budget Circular A-76 (sec. 326)...... 879
Public-private competition required before conversion to
contractor performance (sec. 327)...................... 879
Extension of authority for Army industrial facilities to
engage in cooperative activities with non-Army entities
(sec. 328)............................................. 879
Reauthorization and modification of multi-trades
demonstration project (sec. 329)....................... 880
Pilot program for availability of working-capital funds
to Army for certain product improvements (sec. 330).... 880
Subtitle D--Extension of Program Authorities................. 881
Extension of Arsenal Support Program Initiative (sec.
341)................................................... 881
Extension of period for reimbursement for helmet pads
purchased by members of the armed forces deployed in
contingency operations (sec. 342)...................... 882
Extension of temporary authority for contract performance
of security guard functions (sec. 343)................. 883
Subtitle E--Reports.......................................... 883
Reports on National Guard readiness for emergencies and
major disasters (sec. 351)............................. 883
Annual report on prepositioned materiel and equipment
(sec. 352)............................................. 884
Report on incremental cost of early 2007 enhanced
deployment (sec. 353).................................. 885
Modification of requirements of Comptroller General
report on the readiness of Army and Marine Corps ground
forces (sec. 354)...................................... 885
Plan to improve readiness of ground forces of active and
reserve components (sec. 355).......................... 885
Independent assessment of Civil Reserve Air Fleet
viability (sec. 356)................................... 886
Department of Defense Inspector General report on
physical security of Department of Defense
installations (sec. 357)............................... 886
Review of high-altitude aviation training (sec. 358)..... 886
Reports on safety measures and encroachment issues and
master plan for Warren Grove Gunnery Range, New Jersey
(sec. 359)............................................. 887
Report on search and rescue capabilities of the Air Force
in the northwestern United States (sec. 360)........... 887
Report and master infrastructure recapitalization plan
for Cheyenne Mountain Air Station, Colorado (sec. 361). 888
Subtitle F--Other Matters.................................... 888
Enhancement of corrosion control and prevention functions
within Department of Defense (sec. 371)................ 888
Authority for Department of Defense to provide support
for certain sporting events (sec. 372)................. 889
Authority to impose reasonable restrictions on payment of
full replacement value for lost or damaged personal
property transported at government expense (sec. 373).. 889
Priority transportation on Department of Defense aircraft
of retired members residing in commonwealths and
possessions of the United States for certain health
care services (sec. 374)............................... 890
Recovery of missing military property (sec. 375)......... 890
Retention of combat uniforms by members of the armed
forces deployed in support of contingency operations
(sec. 376)............................................. 890
Issue of serviceable material of the Navy other than to
armed forces (sec. 377)................................ 890
Reauthorization of Aviation Insurance Program (sec. 378). 891
Legislative Provisions Not Adopted........................... 891
Increase in threshold amount for contracts for
procurement of capital assets in advance............... 891
Authorization of use of working-capital funds for
acquisition of certain items........................... 891
Individual body armor.................................... 891
Additional requirements for annual report on public-
private competitions................................... 892
Sense of Senate on the Air Force logistics centers....... 892
Plan for optimal use of strategic ports by commander of
surface distribution and deployment command............ 892
Report on public-private partnerships.................... 893
Continuity of depot operations to reset combat equipment
and vehicles in support of wars in Iraq and Afghanistan 893
Sense of Congress on future use of synthetic fuels in
military systems....................................... 894
Limitation on the expenditure of funds for initial flight
screening at Pueblo Memorial Airport................... 895
Title IV--Military Personnel Authorizations......................
Subtitle A--Active Forces.................................... 895
End strengths for active forces (sec. 401)............... 895
Revision in permanent active duty end strength minimum
levels (sec. 402)...................................... 896
Additional authority for increases of Army and Marine
Corps active duty end strengths for fiscal years 2009
and 2010 (sec. 403).................................... 896
Increase in authorized strengths for Army officers on
active duty in the grade of major (sec. 404)........... 896
Increase in authorized strengths for Navy officers on
active duty in the grades of lieutenant commander,
commander, and captain (sec. 405)...................... 897
Increase in authorized daily average of number of members
in pay grade E-9 (sec. 406)............................ 897
Subtitle B--Reserve Forces................................... 897
End strengths for Selected Reserve (sec. 411)............ 897
End strengths for Reserves on active duty in support of
the reserves (sec. 412)................................ 898
End strengths for military technicians (dual status)
(sec. 413)............................................. 898
Fiscal year 2008 limitation on number of non-dual status
technicians (sec. 414)................................. 899
Maximum number of reserve personnel authorized to be on
active duty for operational support (sec. 415)......... 899
Future authorizations and accounting for certain reserve
component personnel authorized to be on active duty or
full-time National Guard duty to provide operational
support (sec. 416)..................................... 899
Revision of variances authorized for Selected Reserve end
strengths (sec. 417)................................... 899
Subtitle C--Authorization of Appropriations.................. 899
Military Personnel (sec. 421)............................ 899
Legislative Provision Not Adopted............................ 900
Offsetting transfers from the National Defense Stockpile
Transaction Fund....................................... 900
Title V--Military Personnel Policy............................... 900
Subtitle A--Officer Personnel Policy......................... 900
Assignment of officers to designated positions of
importance and responsibility (sec. 501)............... 900
Enhanced authority for reserve general and flag officers
to serve on active duty (sec. 502)..................... 900
Increase in years of commissioned service threshold for
discharge of probationary officers and for use of force
shaping authority (sec. 503)........................... 901
Mandatory retirement age for active-duty general and flag
officers continued on active duty (sec. 504)........... 901
Authority for reduced mandatory service obligation for
initial appointments of officers in critically short
health professional specialties (sec. 505)............. 901
Expansion of authority for reenlistment of officers in
their former enlisted grade (sec. 506)................. 902
Increase in authorized number of permanent professors at
the United States Military Academy (sec. 507).......... 902
Promotion of career military professors of the Navy (sec.
508)................................................... 902
Subtitle B--Reserve Component Management..................... 902
Retention of military technicians who lose dual status in
the Selected Reserve due to combat-related disability
(sec. 511)............................................. 902
Constructive service credit upon original appointment of
reserve officers in certain health care professions
(sec. 512)............................................. 903
Mandatory separation of reserve officers in the grade of
lieutenant general or vice admiral after completion of
38 years of commissioned service (sec. 513)............ 903
Maximum period of temporary federal recognition of person
as Army National Guard officer or Air National Guard
officer (sec. 514)..................................... 903
Advance notice to members of reserve components of
deployment in support of contingency operations (sec.
515)................................................... 904
Report on relief from professional licensure and
certification requirements for reserve component
members on long-term active duty (sec. 516)............ 904
Subtitle C--Education and Training........................... 904
Revisions to authority to pay tuition for off-duty
training or education (sec. 521)....................... 904
Reduction or elimination of service obligation in an Army
Reserve or Army National Guard troop program unit for
certain persons selected as medical students at
Uniformed Services University of the Health Sciences
(sec. 522)............................................. 904
Repeal of annual limit on number of ROTC scholarships
under Army Reserve and Army National Guard financial
assistance program (sec. 523).......................... 905
Treatment of prior active service of members in uniformed
medical accession programs (sec. 524).................. 905
Repeal of post-2007-2008 academic year prohibition on
phased increase in cadet strength limit at the United
States Military Academy (sec. 525)..................... 906
National Defense University master's degree programs
(sec. 526)............................................. 906
Authority of the Air University to confer degree of
master of science in flight test engineering (sec. 527) 906
Enhancement of education benefits for certain members of
reserve components (sec. 528).......................... 906
Extension of period of entitlement to educational
assistance for certain members of the Selected Reserve
affected by force shaping initiatives (sec. 529)....... 907
Time limit for use of educational assistance benefit for
certain members of reserve components and resumption of
benefit (sec. 530)..................................... 907
Secretary of Defense evaluation of the adequacy of the
degree-granting authorities of certain military
universities and educational institutions (sec. 531)... 907
Report on success of Army National Guard and Reserve
Senior Reserve Officers' Training Corps financial
assistance program (sec. 532).......................... 908
Report on utilization of tuition assistance by members of
the armed forces (sec. 533)............................ 908
Navy Junior Reserve Officers' Training Corps unit for
Southold, Mattituck, and Greenport High Schools (sec.
534)................................................... 908
Report on transfer of administration of certain
educational assistance programs for members of the
reserve components (sec. 535).......................... 909
Subtitle D--Military Justice and Legal Assistance Matters.... 909
Authority to designate civilian employees of the Federal
Government and dependents of deceased members as
eligible for legal assistance from Department of
Defense legal staff resources (sec. 541)............... 909
Authority of judges of the United States Court of Appeals
for the Armed Forces to administer oaths (sec. 542).... 909
Modification of authorities on senior members of the
Judge Advocate Generals' Corps (sec. 543).............. 910
Prohibition against members of the armed forces
participating in criminal street gangs (sec. 544)...... 910
Subtitle E--Military Leave................................... 910
Temporary enhancement of carryover of accumulated leave
for members of the armed forces (sec. 551)............. 910
Enhancement of rest and recuperation leave (sec. 552).... 911
Subtitle F--Decorations and Awards........................... 911
Authorization and request for award of Medal of Honor to
Leslie H. Sabo, Jr., for acts of valor during the
Vietnam War (sec. 561)................................. 911
Authorization and request for award of Medal of Honor to
Henry Svehla for acts of valor during the Korean War
(sec. 562)............................................. 911
Authorization and request for award of Medal of Honor to
Woodrow W. Keeble for acts of valor during the Korean
War (sec. 563)......................................... 911
Authorization and request for award of Medal of Honor to
Private Philip G. Shadrach for acts of valor as one of
Andrews' Raiders during the Civil War (sec. 564)....... 911
Authorization and request for award of Medal of Honor to
Private George D. Wilson for acts of valor as one of
Andrews' Raiders during the Civil War (sec. 565)....... 912
Subtitle G--Impact Aid and Defense Dependents Education
System.....................................................
Continuation of authority to assist local educational
agencies that benefit dependents of members of the
armed forces and Department of Defense civilian
employees (sec. 571)................................... 912
Impact aid for children with severe disabilities (sec.
572)................................................... 912
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 (sec. 573).... 912
Payment of private boarding school tuition for military
dependents in overseas areas not served by Defense
Dependents' Education System schools (sec. 574)........ 913
Subtitle H--Military Families................................ 913
Department of Defense Military Family Readiness Council
and policy and plans for military family readiness
(sec. 581)............................................. 913
Yellow Ribbon Reintegration Program (sec. 582)........... 913
Study to enhance and improve support services and
programs for families of members of regular and reserve
components undergoing deployment (sec. 583)............ 914
Protection of child custody arrangements for parents who
are members of the armed forces deployed in support of
a contingency operation (sec. 584)..................... 916
Family leave in connection with injured members of the
Armed Forces (sec. 585)................................ 916
Family care plans and deferment of deployment of single
parent or dual military couples with minor dependents
(sec. 586)............................................. 917
Education and treatment services for military dependent
children with autism (sec. 587)........................ 917
Commendation of efforts of Project Compassion in paying
tribute to members of the armed forces who have fallen
in the service of the United States (sec. 588)......... 918
Subtitle I--Other Matters.................................... 918
Uniform performance policies for military bands and other
musical units (sec. 590)............................... 918
Transportation of remains of deceased members of the
armed forces and certain other persons (sec. 591)...... 918
Expansion of number of academies supportable in any State
under STARBASE program (sec. 592)...................... 919
Gift acceptance authority (sec. 593)..................... 919
Conduct by members of the Armed Forces and veterans out
of uniform during hoisting, lowering, or passing of
United States flag (sec. 594).......................... 919
Annual report on cases reviewed by National Committee for
Employer Support of the Guard and Reserve (sec. 595)... 919
Modification of Certificate of Release or Discharge from
Active Duty (DD Form 214) (sec. 596)................... 920
Reports on administrative separations of members of the
Armed Forces for personality disorder (sec. 597)....... 920
Program to commemorate 50th anniversary of the Vietnam
War (sec. 598)......................................... 921
Recognition of members of the Monuments, Fine Arts, and
Archives program of the Civil Affairs and Military
Government Sections of the Armed Forces during and
following World War II (sec. 599)...................... 921
Legislative Provisions Not Adopted........................... 921
Cold War Victory Medal................................... 921
Combat veterans mentoring program for current members of
the Armed Forces....................................... 921
Emergency assistance for local educational agencies
enrolling military dependent children.................. 922
Establishment of Combat Medevac Badge.................... 922
Expansion of exclusion of military permanent professors
from strength limitations for officers below general
and flag grades........................................ 922
Heavily impacted local educational agencies.............. 922
Navy Senior Reserve Officers' Training Corps program at
University of Miami, Coral Gables, Florida............. 923
Prohibition on the unauthorized use of names and images
of members of the Armed Forces......................... 923
Title VI--Compensation and Other Personnel Benefits.............. 924
Subtitle A--Pay and Allowances............................... 924
Fiscal year 2008 increase in military basic pay (sec.
601)................................................... 924
Basic allowance for housing for reserve component members
without dependents who attend accession training while
maintaining a primary residence (sec. 602)............. 924
Extension and enhancement of authority for temporary
lodging expenses for members of the armed forces in
areas subject to major disaster declaration or for
installations experiencing sudden increase in personnel
levels (sec. 603)...................................... 924
Income replacement payments for reserve component members
experiencing extended and frequent mobilization for
active duty service (sec. 604)......................... 924
Midmonth payment of basic pay for contributions of
members of the uniformed services participating in
Thrift Savings Plan (sec. 605)......................... 925
Subtitle B--Bonuses and Special and Incentive Pays........... 925
Extension of certain bonus and special pay authorities
for reserve forces (sec. 611).......................... 925
Extension of certain bonus and special pay authorities
for health care professionals (sec. 612)............... 925
Extension of special pay and bonus authorities for
nuclear officers (sec. 613)............................ 925
Extension of authorities relating to payment of other
bonuses and special pays (sec. 614).................... 926
Increase in incentive special pay and multiyear retention
bonus for medical officers (sec. 615).................. 926
Increase in dental officer additional special pay (sec.
616)................................................... 926
Increase in maximum monthly rate of hardship duty pay and
authority to provide hardship duty pay in a lump sum
(sec. 617)............................................. 927
Definition of sea duty for career sea pay to include
service as off-cycle crewmembers of multi-crew ships
(sec. 618)............................................. 927
Reenlistment bonus for members of the Selected Reserve
(sec. 619)............................................. 927
Availability of Selected Reserve accession bonus for
persons who previously served in the armed forces for a
short period (sec. 620)................................ 927
Availability of nuclear officer continuation pay for
officers with more than 26 years of commissioned
service (sec. 621)..................................... 927
Waiver of years-of-service limitation on receipt of
critical skills retention bonus (sec. 622)............. 928
Accession bonus for participants in the Armed Forces
Health Professions Scholarship and Financial Assistance
Program (sec. 623)..................................... 928
Payment of assignment incentive pay for reserve members
serving in combat zone for more than 22 months (sec.
624)................................................... 928
Subtitle C--Travel and Transportation Allowances............. 929
Payment of inactive duty training travel costs for
certain Selected Reserve members (sec. 631)............ 929
Survivors of deceased members eligible for transportation
to attend burial ceremonies (sec. 632)................. 929
Allowance for participation of reserves in electronic
screening (sec. 633)................................... 929
Allowance for civilian clothing for members of the armed
forces traveling in connection with medical evacuation
(sec. 634)............................................. 929
Payment of moving expenses for Junior Reserve Officers'
Training Corps instructors in hard-to-fill positions
(sec. 635)............................................. 930
Subtitle D--Retired Pay and Survivor Benefits................ 930
Expansion of combat-related special compensation
eligibility (sec. 641)................................. 930
Inclusion of veterans with service-connected disabilities
rated as total by reason of unemployability under
termination of phase-in of concurrent receipt of
retired pay and veterans' disability compensation (sec.
642)................................................... 930
Recoupment of annuity amounts previously paid, but
subject to offset for Dependency and Indemnity
Compensation (sec. 643)................................ 930
Special survivor indemnity allowance for persons affected
by required Survivor Benefit Plan annuity offset for
Dependency and Indemnity Compensation (sec. 644)....... 931
Modification of authority of members of the armed forces
to designate recipients for payment of death gratuity
(sec. 645)............................................. 931
Clarification of application of retired pay multiplier
percentage to members of the uniformed services with
over 30 years of service (sec. 646).................... 932
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 (sec.
647)................................................... 932
Computation of years of service for purposes of retired
pay for non-regular service (sec. 648)................. 932
Subtitle E--Commissary and Nonappropriated Fund
Instrumentality Benefits................................... 933
Authority to continue commissary and exchange benefits
for certain involuntarily separated members of the
armed forces (sec. 651)................................ 933
Authorization of installment deductions from pay of
employees of nonappropriated fund instrumentalities to
collect indebtedness to the United States (sec. 652)... 933
Subtitle F--Consolidation of Special Pay, Incentive Pay, and
Bonus Authorities.......................................... 933
Consolidation of special pay, incentive pay, and bonus
authorities of the uniformed services (sec. 661)....... 933
Transitional provisions (sec. 662)....................... 934
Subtitle G--Other Matters.................................... 934
Referral bonus authorities (sec. 671).................... 934
Expansion of education loan repayment program for members
of the Selected Reserve (sec. 672)..................... 934
Ensuring entry into United States after time abroad for
permanent resident alien military spouses and children
(sec. 673)............................................. 935
Overseas naturalization for military spouses and children
(sec. 674)............................................. 935
Modification of amount of back pay for members of Navy
and Marine Corps selected for promotion while interned
as prisoners of war during World War II to take into
account changes in Consumer Price Index (sec. 675)..... 935
Legislative Provisions Not Adopted........................... 935
Access to defense commissary and exchange system by
surviving spouse and dependents of certain disabled
veterans............................................... 935
Annuities for guardians or caretakers of dependent
children under Survivor Benefit Plan................... 936
Disregarding periods of confinement of member in
determining benefits for dependents who are victims of
abuse by the member.................................... 936
Effective date of paid-up coverage under Survivor Benefit
Plan................................................... 936
Guaranteed pay increase for members of the armed forces
of one-half of one percentage point higher than
Employment Cost Index.................................. 936
Payment of expenses of travel to the United States for
obstetrical purposes of dependents located in very
remote locations outside the United States............. 936
Postal benefits program for members of the armed forces
serving in Iraq or Afghanistan......................... 937
Transportation of additional motor vehicle of members on
change of permanent station to or from nonforeign areas
outside the continental United States.................. 937
Title VII--Health Care Provisions................................ 937
Subtitle A--Improvements to Military Health Benefits......... 937
One-year extension of prohibition on increases in certain
health care costs for members of the uniformed services
(sec. 701)............................................. 937
Temporary prohibition on increase in copayments under
retail pharmacy system of pharmacy benefits program
(sec. 702)............................................. 938
Inclusion of TRICARE retail pharmacy program in federal
procurement of pharmaceuticals (sec. 703).............. 938
Stipend for members of reserve components for health care
for certain dependents (sec. 704)...................... 938
Authority for expansion of persons eligible for continued
health benefits coverage (sec. 705).................... 939
Continuation of eligibility for TRICARE Standard coverage
for certain members of the Selected Reserve (sec. 706). 939
Extension of pilot program for health care delivery (sec.
707)................................................... 989
Inclusion of mental health care in definition of health
care and report on mental health care services (sec.
708)................................................... 940
Subtitle B--Studies and Reports.............................. 940
Surveys on continued viability of TRICARE Standard and
TRICARE Extra (sec. 711)............................... 940
Report on training in preservation of remains under
combat or combat-related conditions (sec. 712)......... 941
Report on patient satisfaction surveys (sec. 713)........ 941
Report on medical physical examinations of members of the
armed forces before their deployment (sec. 714)........ 941
Report and study on multiple vaccinations of members of
the armed forces (sec. 715)............................ 941
Review of gender- and ethnic group-specific mental health
services and treatment for members of the armed forces
(sec. 716)............................................. 942
Licensed mental health counselors and the TRICARE program
(sec. 717)............................................. 942
Report on funding of the Department of Defense for health
care (sec. 718)........................................ 943
Subtitle C--Other Matters.................................... 943
Prohibition on conversion of military medical and dental
positions to civilian medical and dental positions
(sec. 721)............................................. 943
Establishment of Joint Pathology Center (sec. 722)....... 944
Legislative Provisions Not Adopted........................... 944
Establishment of nurse practitioner program.............. 944
Sense of Congress on fees and adjustments under the
TRICARE program........................................ 944
Implementation of recommendations of Department of
Defense Mental Health Task Force....................... 945
Title VIII--Acquisition Policy, Acquisition Management, and
Related Matters................................................ 945
Short title (sec. 800)................................... 945
Subtitle A--Acquisition Policy and Management................ 945
Internal controls for procurements on behalf of the
Department of Defense by certain non-defense agencies
(sec.801).............................................. 945
Lead systems integrators (sec. 802)...................... 946
Reinvestment in domestic sources of strategic materials
(sec. 803)............................................. 946
Clarification of the protection of strategic materials
critical to national security (sec. 804)............... 946
Procurement of commercial services (sec. 805)............ 947
Specification of amounts requested for procurement of
contract services (sec. 806)........................... 948
Inventories and reviews of contracts for services (sec.
807)................................................... 948
Independent management reviews of contracts for services
(sec. 808)............................................. 949
Implementation and enforcement of requirements applicable
to undefinitized contractual actions (sec. 809)........ 949
Clarification of limited acquisition authority for
Special Operations Command (sec. 810).................. 950
Subtitle B--Provisions Relating to Major Defense Acquisition
Programs................................................... 950
Requirements applicable to multiyear contracts for the
procurement of major systems of the Department of
Defense (sec. 811)..................................... 950
Changes to Milestone B certifications (sec. 812)......... 951
Comptroller General report on Department of Defense
organization and structure for major defense
acquisition programs (sec. 813)........................ 951
Clarification of submission of cost or pricing data on
noncommercial modifications of commercial items (sec.
814)................................................... 952
Clarification of rules regarding the procurement of
commercial items (sec. 815)............................ 952
Review of systemic deficiencies on major defense
acquisition programs (sec. 816)........................ 952
Investment strategy for major defense acquisition
programs (sec. 817).................................... 953
Report on implementation of recommendations on total
ownership cost for major weapon systems (sec. 818)..... 953
Subtitle C--Amendments to General Contracting Authorities,
Procedures, and Limitations................................ 953
Plan for restricting government-unique contract clauses
on commercial contracts (sec. 821)..................... 953
Extension of authority for use of simplified acquisition
procedures for certain commercial items (sec. 822)..... 953
Five-year extension of authority to carry out certain
prototype projects (sec. 823).......................... 954
Exemption of Special Operations Command from certain
requirements for certain contracts relating to vessels,
aircraft, and combat vehicles (sec. 824)............... 954
Provision of authority to maintain equipment to Unified
Combatant Command for Joint Warfighting (sec. 825)..... 954
Market research (sec. 826)............................... 954
Modification of competition requirements for purchases
from Federal Prison Industries (sec. 827).............. 954
Multiyear contract authority for electricity from
renewable energy sources (sec. 828).................... 955
Procurement of fire resistant rayon fiber for the
production of uniforms from foreign sources (sec. 829). 955
Comptroller General review of non-competitive awards of
congressional and executive branch interest items (sec.
830)................................................... 955
Subtitle D--Accountability in Contracting.................... 955
Commission on Wartime Contracting in Iraq and Afghanistan
(sec. 841)............................................. 955
Investigation of waste, fraud, and abuse in wartime
contracts and contracting processes in Iraq and
Afghanistan (sec. 842)................................. 956
Enhanced competition requirements for task and delivery
order contracts (sec. 843)............................. 956
Public disclosure of justification and approval documents
for noncompetitive contracts (sec. 844)................ 956
Disclosure of government contractor audit findings (sec.
845)................................................... 956
Protection of contractor employees from reprisal for
disclosure of certain information (sec. 846)........... 957
Requirements for senior Department of Defense officials
seeking employment with defense contractors (sec. 847). 957
Report on contractor ethics programs of major defense
contractors (sec. 848)................................. 957
Contingency contracting training for personnel outside
the acquisition workforce and evaluations of Army
Commission recommendations (sec. 849).................. 958
Subtitle E--Acquisition Workforce Provisions................. 958
Requirement for section on defense acquisition workforce
in strategic human capital plan (sec. 851)............. 958
Department of Defense acquisition workforce development
fund (sec. 852)........................................ 958
Extension of authority to fill shortage category
positions for certain federal acquisition positions
(sec. 853)............................................. 959
Repeal of sunset of acquisition workforce training fund
(sec. 854)............................................. 959
Federal acquisition workforce improvements (sec. 855).... 959
Subtitle F--Contracts in Iraq and Afghanistan................ 960
Memorandum of understanding on matters relating to
contracting (sec. 861)................................. 960
Contractors performing private security functions in
areas of combat operations (sec. 862).................. 960
Comptroller General reviews and reports on contracting in
Iraq and Afghanistan (sec. 863)........................ 961
Definitions and other general provisions (sec. 864)...... 961
Subtitle G--Defense Materiel Readiness Board................. 961
Establishment of Defense Materiel Readiness Board (sec.
871)................................................... 961
Critical materiel readiness shortfalls (sec. 872)........ 961
Subtitle H--Other Matters.................................... 962
Clearinghouse for rapid identification and dissemination
of commercial information technologies (sec. 881)...... 962
Authority to license certain military designations and
likenesses of weapons systems to toy and hobby
manufacturers (sec. 882)............................... 962
Modifications to limitation on contracts to acquire
military flight simulator (sec. 883)................... 962
Requirements relating to waivers of certain domestic
source limitations relating to specialty metals (sec.
884)................................................... 962
Telephone services for military personnel serving in
combat zones (sec. 885)................................ 963
Enhanced authority to acquire products and services
produced in Iraq and Afghanistan (sec. 886)............ 963
Defense Science Board review of Department of Defense
policies and procedures for the acquisition of
information technology (sec. 887)...................... 964
Green procurement policy (sec. 888)...................... 964
Comptroller General review of use of authority under the
Defense Production Act of 1950 (sec. 889).............. 964
Prevention of arms export control violations (sec. 890).. 964
Procurement goal for native Hawaiian-serving institutions
and Alaska native-serving institutions (sec. 891)...... 965
Competition for procurement of small arms supplied to
Iraq and Afghanistan (sec. 892)........................ 965
Legislative Provisions Not Adopted........................... 965
Clarification of jurisdiction of the United States
district courts to hear bid protest disputes involving
maritime contracts..................................... 965
Defense Production Industry Advisory Council............. 965
Evaluation of cost of compliance with requirement to buy
certain articles from American sources................. 965
Jurisdiction under Contract Disputes Act of 1978 over
claims, disputes, and appeals arising out of maritime
contracts.............................................. 965
Management structure for the procurement of contract
services............................................... 966
Maximizing fixed-price procurement contracts............. 966
Prohibition on procurement from beneficiaries of foreign
subsidies.............................................. 966
Prohibition on procurement from companies in violation of
the Iran and Syria Nonproliferation Act................ 966
Purpose.................................................. 966
Repeal of requirement for identification of essential
military items and military system essential item
breakout list.......................................... 966
Report on Department of Defense contracting with
contractors or subcontractors employing members of the
Selected Reserve....................................... 967
Report to Congress....................................... 967
Report to Congress required on delays in major phases of
acquisition process for major automated information
system programs........................................ 967
Role of Chairman of Board in certain reporting processes. 967
Special authority for use of working capital funds for
critical readiness requirements........................ 967
Title IX--Department of Defense Organization and Management...... 967
Items of Special Interest.................................... 967
Operationally responsive space........................... 967
Space acquisition........................................ 968
Legislative Provisions Adopted............................... 969
Subtitle A--Department of Defense Management................. 969
Repeal of limitation on major Department of Defense
headquarters activities personnel and related report
(sec. 901)............................................. 969
Flexibility to adjust the number of deputy chiefs and
assistant chiefs (sec. 902)............................ 969
Change in eligibility requirements for appointment to
Department of Defense leadership positions (sec. 903).. 969
Management of the Department of Defense (sec. 904)....... 970
Revision in guidance relating to combatant command
acquisition authority (sec. 905)....................... 970
Department of Defense Board of Actuaries (sec. 906)...... 971
Modification of background requirement of individuals
appointed as Under Secretary of Defense for
Acquisition, Technology, and Logistics (sec. 907)...... 971
Assistant secretaries of the military departments for
acquisition matters; principal military deputies (sec.
908)................................................... 971
Sense of Congress on term of office of the Director of
Operational Test and Evaluation (sec. 909)............. 972
Subtitle B--Space Activities................................. 972
Space Protection Strategy (sec. 911)..................... 972
Biennial report on management of space cadre within the
Department of Defense (sec. 912)....................... 973
Additional report on oversight of acquisition for defense
space programs (sec. 913).............................. 973
Subtitle C--Chemical Demilitarization Program................ 973
Chemical demilitarization citizens advisory commissions
(sec. 921)............................................. 973
Sense of Congress on completion of destruction of United
States chemical weapons stockpile (sec. 922)........... 973
Repeal of certain qualifications requirement for director
of chemical demilitarization management organization
(sec. 923)............................................. 974
Modification of termination of assistance to State and
local governments after completion of the destruction
of the United States chemical weapons stockpile (sec.
924)................................................... 974
Subtitle D--Intelligence-Related Matters..................... 975
Technical amendments to title 10, United States Code,
arising from enactment of the Intelligence Reform and
Terrorism Prevention Act of 2004 (sec. 931)............ 975
Subtitle E--Roles and Missions Analysis...................... 975
Requirement for quadrennial roles and missions review
(sec. 941)............................................. 975
Joint Requirements Oversight Council additional duties
relating to core mission areas (sec. 942).............. 975
Requirement for certification of major systems prior to
technology development (sec. 943)...................... 975
Presentation of future-years mission budget by core
mission area (sec. 944)................................ 976
Subtitle F--Other Matters.................................... 976
Department of Defense consideration of effect of climate
change on department facilities, capabilities, and
missions (sec. 951).................................... 976
Interagency policy coordination (sec. 952)............... 976
Expansion of employment creditable under service
agreements under National Security Education Program
(sec. 953)............................................. 976
Board of Regents for the Uniformed Services University of
the Health Sciences (sec. 954)......................... 977
Establishment of Department of Defense School of Nursing
(sec. 955)............................................. 977
Inclusion of commanders of Western Hemisphere combatant
commands in Board of Visitors of Western Hemisphere
Institute for Security Cooperation (sec. 956).......... 978
Comptroller General assessment of reorganization of the
office of the Under Secretary of Defense for Policy
(sec. 957)............................................. 979
Reports on foreign language proficiency (sec. 958)....... 979
Legislative Provisions Not Adopted........................... 980
Future capability planning by Joint Requirements
Oversight Council...................................... 980
Redesignation of the Department of the Navy as the
Department of the Navy and Marine Corps................ 980
Revisions in functions and activities of special
operations............................................. 980
Space posture review..................................... 980
United States Military Cancer Institute.................. 981
Western Hemisphere Center for Excellence in Human Rights. 981
Title X--General Provisions...................................... 981
Items of Special Interest.................................... 981
Ship disposal............................................ 981
Table of congressionally directed spending and related
items.................................................. 982
Subtitle A--Financial Matters................................ 982
General transfer authority (sec. 1001)................... 982
United States contribution to NATO common-funded budgets
in fiscal year 2008 (sec. 1002)........................ 982
Authorization of additional emergency supplemental
appropriations for fiscal year 2007 (sec. 1003)........ 983
Modification of fiscal year 2007 general transfer
authority (sec. 1004).................................. 983
Financial management transformation initiative for the
Defense Agencies (sec. 1005)........................... 983
Repeal of requirement for two-year budget cycle for the
Department of Defense (sec. 1006)...................... 983
Subtitle B--Policy Relating to Vessels and Shipyards......... 983
Limitation on leasing of vessels (sec. 1011)............. 983
Policy relating to major combatant vessels of the strike
forces of the United States Navy (sec. 1012)........... 984
Subtitle C--Counter-Drug Activities.......................... 986
Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities (sec. 1021)....................... 986
Expansion of authority to provide additional support for
counterdrug activities in certain foreign countries
(sec. 1022)............................................ 986
Report on counternarcotics assistance for the Government
of Haiti (sec. 1023)................................... 986
Subtitle D--Miscellaneous Authorities and Limitations........ 987
Provision of Air Force support and services to foreign
military and state aircraft (sec. 1031)................ 987
Department of Defense participation in Strategic Airlift
Capability Partnership (sec. 1032)..................... 987
Improved authority to provide rewards for assistance in
combating terrorism (sec. 1033)........................ 987
Support for non-federal development and testing of
material for chemical agent defense (sec. 1034)........ 988
Prohibition on sale of F-14 fighter aircraft and related
parts (sec. 1035)...................................... 988
Subtitle E--Reports.......................................... 988
Extension and modification of report relating to hardened
and deeply buried targets (sec. 1041).................. 988
Report on joint modeling and simulation activities (sec.
1042).................................................. 989
Renewal of submittal of plans for prompt global strike
capability (sec. 1043)................................. 989
Report on workforce required to support the nuclear
missions of the Navy and the Department of Energy (sec.
1044).................................................. 989
Comptroller General report on Defense Finance and
Accounting Service response to Butterbaugh v.
Department of Justice (sec. 1045)...................... 990
Study on size and mix of airlift force (sec. 1046)....... 990
Report on feasibility of establishing a domestic military
aviation national training center (sec. 1047).......... 990
Limited field user evaluations for combat helmet pad
suspension systems (sec. 1048)......................... 990
Study on national security interagency system (sec. 1049) 991
Report on solid rocket motor industrial base (sec. 1050). 992
Reports on establishment of a memorial for members of the
armed forces who died in the air crash in Bakers Creek,
Australia, and establishment of other memorials in
Arlington National Cemetery (sec. 1051)................ 992
Subtitle F--Other Matters.................................... 992
Reimbursement for National Guard support provided to
federal agencies (sec. 1061)........................... 992
Congressional commission on the strategic posture of the
United States (sec. 1062).............................. 993
Technical and clerical amendments (sec. 1063)............ 994
Repeal of certification requirement (sec. 1064).......... 994
Maintenance of capability for space-based nuclear
detection (sec. 1065).................................. 994
Sense of Congress regarding detainees at Naval Station,
Guantanamo Bay, Cuba (sec. 1066)....................... 994
A report on transferring individuals detained at Naval
Station, Guantanamo Bay, Cuba (sec. 1067).............. 994
Repeal of provisions in section 1076 of Public Law 109-
364 relating to use of armed forces in major public
emergencies (sec. 1068)................................ 995
Standards required for entry to military installations in
United States (sec. 1069).............................. 995
Revised nuclear posture review (sec. 1070)............... 996
Termination of Commission on the Implementation of the
New Strategic Posture of the United States (sec. 1071). 996
Security clearances; limitations (sec. 1072)............. 996
Improvements in the process for the issuance of security
clearances (sec. 1073)................................. 997
Protection of certain individuals (sec. 1074)............ 997
Modification of authorities on Commission to Assess the
Threat to the United States from Electromagnetic Pulse
Attack (sec. 1075)..................................... 997
Sense of Congress on Small Business Innovation Research
program (sec. 1076).................................... 998
Revision of proficiency flying definition (sec. 1077).... 998
Qualifications for public aircraft status of aircraft
under contract with the armed forces (sec. 1078)....... 998
Communications with the Committees on Armed Services of
the Senate and the House of Representatives (sec. 1079) 999
Retention of reimbursement for provision of reciprocal
fire protection services (sec. 1080)................... 999
Pilot program on commercial fee-for-service air refueling
support for the Air Force (sec. 1081).................. 999
Advisory panel on Department of Defense capabilities for
support of civil authorities after certain incidents
(sec. 1082)............................................ 1000
Terrorism exception to immunity (sec. 1083).............. 1000
Legislative Provisions Not Adopted........................... 1002
Hate crimes.............................................. 1002
Comprehensive study and support for criminal
investigations and prosecutions by State and local law
enforcement officials.................................. 1002
Extension of period for transfer of funds to Foreign
Currency Fluctuations, Defense account................. 1002
Minimum annual purchase amounts for airlift from carriers
participating in the Civil Reserve Air Fleet........... 1003
Comptroller General review of the Joint Improvised
Explosive Device Defeat Organization................... 1003
Commercial aviation technologies......................... 1004
Review of Department of Defense procedures to classify
excess defense articles and defense services with
military technology components......................... 1004
Additional Weapons of Mass Destruction Civil Support
Teams.................................................. 1004
Study and report on use of power management software..... 1005
Establishment of National Foreign Language Coordination
Council................................................ 1005
Grant of federal charter to Korean War Veterans
Association, Incorporated.............................. 1005
Sense of Senate on General David Petraeus................ 1005
Sense of Congress on equipment for the National Guard to
defend the homeland.................................... 1006
Sense of the Senate on Air Force use of towbarless
aircraft ground equipment.............................. 1006
Designation of Charlie Norwood Department of Veterans
Affairs Medical Center................................. 1007
Commercialization pilot program.......................... 1007
National center for human performance.................... 1007
Veteran small business................................... 1007
Title XI--Civilian Personnel Matters............................. 1007
Extension of authority to waive annual limitation on
total compensation paid to federal civilian employees
working overseas under areas of United States Central
Command (sec. 1101).................................... 1007
Continuation of life insurance coverage for federal
employees called to active duty (sec. 1102)............ 1008
Transportation of dependents, household effects, and
personal property to former home following death of
federal employee where death resulted from disease or
injury incurred in the Central Command area of
responsibility (sec. 1103)............................. 1008
Special benefits for civilian employees assigned on
deployment temporary change of station (sec. 1104)..... 1008
Death gratuity authorized for federal employees (sec.
1105).................................................. 1008
Modifications to the National Security Personnel System
(sec. 1106)............................................ 1009
Requirement for full implementation of personnel
demonstration project (sec. 1107)...................... 1009
Authority for inclusion of certain Office of Defense
Research and Engineering positions in experimental
personnel program for scientific and technical
personnel (sec. 1108).................................. 1010
Pilot program for the temporary assignment of information
technology personnel to private sector organizations
(sec. 1109)............................................ 1010
Compensation for federal wage system employees for
certain travel hours (sec. 1110)....................... 1011
Travel compensation for wage grade personnel (sec. 1111). 1011
Accumulation of annual leave by senior level employees
(sec. 1112)............................................ 1011
Uniform allowances for civilian employees (sec. 1113).... 1011
Flexibility in setting pay for employees who move from a
Department of Defense or Coast Guard nonappropriated
fund instrumentality position to a position in the
general schedule pay system (sec. 1114)................ 1011
Retirement service credit for service as cadet or
midshipman at a military service academy (sec. 1115)... 1012
Authorization for increased compensation for faculty and
staff of the Uniformed Services University of the
Health Sciences (sec. 1116)............................ 1012
Report on establishment of a scholarship program for
civilian mental health professionals (sec. 1117)....... 1012
Legislative Provisions Not Adopted........................... 1012
Annuity commencing dates................................. 1012
Physicians and health care professionals comparability
allowances............................................. 1012
Title XII--Matters Relating to Foreign Nations................... 1013
Subtitle A--Assistance and Training.......................... 1013
Military-to-military contacts and comparable activities
(sec. 1201)............................................ 1013
Authority for support of military operations to combat
terrorism (sec. 1202).................................. 1013
Medical care and temporary duty travel expenses for
liaison officers of certain foreign nations (sec. 1203) 1013
Extension and expansion of Department of Defense
authority to participate in multinational military
centers of excellence (sec.1204)....................... 1013
Reauthorization of Commanders' Emergency Response Program
(sec. 1205)............................................ 1014
Authority to build the capacity of the Pakistan Frontier
Corps (sec. 1206)...................................... 1015
Authority to equip and train foreign personnel to assist
in accounting for missing United States Government
personnel (sec. 1207).................................. 1016
Authority to provide automatic identification system data
on maritime shipping to foreign countries and
international organizations (sec. 1208)................ 1016
Report on foreign-assistance related programs carried out
by the Department of Defense (sec. 1209)............... 1016
Extension and enhancement of authority for security and
stabilization assistance (sec. 1210)................... 1016
Government Accountability Office report on Global Peace
Operations Initiative (sec. 1211)...................... 1017
Repeal on limitations on military assistance under the
American Servicemembers' Protection Act of 2002 (sec.
1212).................................................. 1017
Subtitle B--Matters Relating to Iraq and Afghanistan......... 1017
Modification of authorities relating to the office of the
Special Inspector General for Iraq Reconstruction (sec.
1221).................................................. 1017
Limitation on availability of funds for certain purposes
relating to Iraq (sec. 1222)........................... 1017
Report on United States policy and military operations in
Iraq (sec. 1223)....................................... 1018
Report on a comprehensive set of performance indicators
and measures for progress toward military and political
stability in Iraq (sec. 1224).......................... 1018
Report on support from Iran for attacks against coalition
forces in Iraq (sec. 1225)............................. 1018
Sense of Congress on the consequences of a failed state
in Iraq (sec. 1226).................................... 1019
Sense of Congress on federalism in Iraq (sec. 1227)...... 1019
Tracking and monitoring of defense articles provided to
the Government of Iraq and other individuals and groups
in Iraq (sec. 1228).................................... 1019
Special Inspector General for Afghanistan Reconstruction
(sec. 1229)............................................ 1020
Report on progress toward security and stability in
Afghanistan (sec. 1230)................................ 1020
United States plan for sustaining the Afghanistan
National Security Forces (sec. 1231)................... 1021
United States strategy for enhancing security and
stability in the border region between Afghanistan and
Pakistan (sec. 1232)................................... 1022
Reimbursement of certain coalition nations for support
provided to United States military operations (sec.
1233).................................................. 1023
Logistical support for coalition forces supporting
operations in Iraq and Afghanistan (sec. 1234)......... 1023
Subtitle C--Iraq Refugee Crisis.............................. 1023
Refugee Crisis in Iraq Act (sec. 1241-1249).............. 1023
Subtitle D--Other Authorities and Limitations................ 1025
Cooperative opportunities documents under cooperative
research and development agreements with NATO
organizations and other allied and friendly foreign
countries (sec. 1251).................................. 1025
Extension and expansion of temporary authority to use
acquisition and cross-servicing agreements to lend
military equipment for personnel protection and
survivability (sec. 1252).............................. 1025
Acceptance of funds from the Government of Palau to
defray expenditures attendant to the operation of
United States military Civic Action Team in Palau (sec.
1253).................................................. 1026
Repeal of requirement relating to North Korea (sec. 1254) 1026
Justice for Osama bin Laden and other leaders of al Qaeda
(sec. 1255)............................................ 1026
Extension of Counterproliferation Program Review
Committee (sec. 1256).................................. 1027
Sense of Congress on the Western Hemisphere Institute for
Security Cooperation (sec. 1257)....................... 1027
Sense of Congress on Iran (sec. 1258).................... 1027
Subtitle E--Reports.......................................... 1028
One-year extension of update on report on claims relating
to the bombing of the Labelle Discotheque (sec. 1261).. 1028
Report on United States policy toward Darfur, Sudan (sec.
1262).................................................. 1028
Inclusion of information on asymmetric capabilities in
annual report on military power of the People's
Republic of China (sec. 1263).......................... 1028
Report on application of the Uniform Code of Military
Justice to civilians accompanying the armed forces
during a time of declared war or contingency operation
(sec. 1264)............................................ 1028
Report on family reunions between United States citizens
and their relatives in North Korea (sec. 1265)......... 1028
Reports on prevention of mass atrocities (sec. 1266)..... 1029
Report on threats to the United States from ungoverned
areas (sec. 1267)...................................... 1029
Legislative Provisions Not Adopted........................... 1029
Limitation on assistance to the Government of Thailand... 1029
Presidential report on policy objectives and United
States strategy regarding Iran......................... 1030
Report on Department of Defense efforts to build the
capacity of the Government of Iraq to carry out
reconstruction activities in Iraq...................... 1030
Sense of Congress on responsibilities of the Iraqi
Council of Ministers to enact laws to achieve political
reform and diminish support for the insurgency in Iraq. 1030
Report on planning and implementation of the United
States engagement and policy toward Darfur............. 1030
Report on progress of the Department of Defense's
counternarcotics program for Afghanistan............... 1031
Sense of Congress concerning the strategic military
capabilities and intentions of the People's Republic of
China.................................................. 1031
Sense of Congress on the capture of Osama bin Laden and
the al Qaeda leadership................................ 1031
Title XIII--Cooperative Threat Reduction With States of the
Former Soviet Union............................................ 1032
Specification of Cooperative Threat Reduction programs
and funds (sec. 1301).................................. 1032
Funding allocations (sec. 1302).......................... 1032
Specification of Cooperative Threat Reduction programs in
states outside the former Soviet Union (sec. 1303)..... 1033
Repeal of restrictions on assistance to states of the
former Soviet Union for Cooperative Threat Reduction
(sec. 1304)............................................ 1033
Modification of authority to use Cooperative Threat
Reduction funds outside the former Soviet Union (sec.
1305).................................................. 1033
New initiatives for the Cooperative Threat Reduction
program (sec. 1306).................................... 1034
Report relating to chemical weapons destruction at
Shchuch'ye, Russia (sec. 1307)......................... 1035
National Academy of Sciences study of prevention of
proliferation of biological weapons (sec. 1308)........ 1036
Legislative Provision Not Adopted............................ 1036
Clarification of amounts for Cooperative Threat Reduction
programs............................................... 1036
Title XIV--Other Authorizations.................................. 1036
Subtitle A--Military Programs................................ 1036
.............................................................
Summary and explanation of tables........................ 1036
Working capital funds (sec. 1401)........................ 1042
National Defense Sealift Fund (sec. 1402)................ 1042
Defense Health Program (sec. 1403)....................... 1042
Chemical agents and munitions destruction, Defense (sec.
1404).................................................. 1042
Drug interdiction and counter-drug activities, Defense-
wide (sec. 1405)....................................... 1042
Defense Inspector General (sec. 1406).................... 1042
Subtitle B--National Defense Stockpile....................... 1043
Authorized uses of National Defense Stockpile funds (sec.
1411).................................................. 1043
Revisions to required receipt objectives for previously
authorized disposals from the National Defense
Stockpile (sec. 1412).................................. 1043
Disposal of ferromanganese (sec. 1413)................... 1043
Disposal of chrome metal (sec. 1414)..................... 1043
Subtitle C--Armed Forces Retirement Home..................... 1044
Authorization of appropriations for Armed Forces
Retirement Home (sec. 1421)............................ 1044
Administration and oversight of the Armed Forces
Retirement Home (sec. 1422)............................ 1044
Legislative Provisions Not Adopted........................... 1044
Additional amount for drug interdiction and counterdrug
activities with respect to Afghanistan................. 1044
Reduction in certain authorizations due to savings from
lower inflation........................................ 1045
Pilot program to establish an Army Wounded Warrior
battalion at an appropriate active duty base........... 1045
Establishment of medical support fund for support of
members of the armed forces returning to military
service or civilian life............................... 1045
Oversight Board for Wounded Warriors..................... 1045
Study and report of waiting periods for appointments at
Department of Veterans Affairs medical facilities...... 1045
Increase in physicians at hospitals of the Department of
Veterans Affairs....................................... 1046
Title XV--Authorization of Additional Appropriations for
Operation Iraqi Freedom and Operation Enduring Freedom......... 1046
Overview................................................. 1046
Explanation of Tables........................................ 1046
Explanation of tables.................................... 1046
Legislative Provisions Adopted............................... 1145
Purpose (sec. 1501)...................................... 1145
Army procurement (sec. 1502)............................. 1145
Navy and Marine Corps procurement (sec. 1503)............ 1145
Air Force procurement (sec. 1504)........................ 1145
Joint Improvised Explosive Device Defeat Fund (sec. 1505) 1145
Defense-wide activities procurement (sec. 1506).......... 1146
Research, Development, Test, and Evaluation (sec. 1507).. 1146
Operation and maintenance (sec. 1508).................... 1146
Working capital funds (sec. 1509)........................ 1146
Other Department of Defense programs (sec. 1510)......... 1146
Iraq Freedom Fund (sec. 1511)............................ 1147
Iraq Security Forces Fund (sec. 1512).................... 1147
Afghanistan Security Forces Fund (sec. 1513)............. 1147
Military personnel (sec. 1514)........................... 1147
Strategic Readiness Fund (sec. 1515)..................... 1147
Treatment as additional authorizations (sec. 1516)....... 1148
Special transfer authority (sec. 1517)................... 1148
Budget Items................................................. 1148
Army tactical radio modernization plans.................. 1148
Blast injury research.................................... 1149
Grow the force transfer.................................. 1150
Item of Special Interest..................................... 1150
Reactive armor for EFP protection........................ 1150
Legislative Provision Not Adopted............................ 1151
Improvised explosive device protection for military
vehicles............................................... 1151
Reports on mitigation of effects of explosively formed
projectiles and mines.................................. 1151
Title XVI--Wounded Warrior Matters............................... 1152
Wounded Warrior Act--Overview............................ 1152
Short title (sec. 1601).................................. 1153
General definitions (sec. 1602).......................... 1153
Consideration of gender-specific needs of recovering
service members and veterans (sec. 1603)............... 1153
Subtitle A--Policy on Improvements to Care, Management, and
Transition of Recovering Service members................... 1154
Comprehensive policy on improvements to care, management,
and transition of recovering service members (sec.
1611).................................................. 1154
Medical evaluations and physical disability evaluations
of recovering service members (sec. 1612).............. 1156
Return of recovering service members to active duty in
the armed forces (sec. 1613)........................... 1157
Transition of recovering service members from care and
treatment through the Department of Defense to care,
treatment, and rehabilitation through the Department of
Veterans Affairs (sec. 1614)........................... 1157
Reports (sec. 1615)...................................... 1158
Establishment of a wounded warrior resource center (sec.
1616).................................................. 1159
Notification to Congress of hospitalization of combat
wounded service members (sec. 1617).................... 1159
Comprehensive plan on prevention, diagnosis, mitigation,
treatment, and rehabilitation of, and research on,
traumatic brain injury, post-traumatic stress disorder,
and other mental health conditions in members of the
armed forces (sec. 1618)............................... 1160
Subtitle B--Centers of Excellence in the Prevention,
Diagnosis, Mitigation, Treatment, and Rehabilitation of
Traumatic Brain Injury, Post-Traumatic Stress Disorder, and
Eye Injuries............................................... 1160
Center of excellence in the prevention, diagnosis,
mitigation, treatment, and rehabilitation of traumatic
brain injury (sec. 1621)............................... 1160
Center of excellence in prevention, diagnosis,
mitigation, treatment, and rehabilitation of post-
traumatic stress disorder and other mental health
conditions (sec. 1622)................................. 1160
Center of excellence in prevention, diagnosis,
mitigation, treatment, and rehabilitation of military
eye injuries (sec. 1623)............................... 1161
Report on establishment of centers of excellence (sec.
1624).................................................. 1161
Subtitle C--Health Care Matters.............................. 1161
Medical care and other benefits for members and former
members of the armed forces with severe injuries or
illnesses (sec. 1631).................................. 1161
Reimbursement of travel expenses of retired members with
combat-related disabilities for follow-on specialty
care, services, and supplies (sec. 1632)............... 1162
Respite care and other extended care benefits for members
of the uniformed services who incur a serious injury or
illness on active duty (sec. 1633)..................... 1162
Reports (sec. 1634)...................................... 1162
Fully interoperable electronic personal health
information for the Department of Defense and
Department of Veterans Affairs (sec. 1635)............. 1163
Enhanced personnel authorities for the Department of
Defense for health care professionals for care and
treatment of wounded and injured members of the armed
forces (sec. 1636)..................................... 1163
Continuation of transitional health benefits for members
of the armed forces pending resolution of service-
related medical conditions (sec. 1637)................. 1164
Subtitle D--Disability Matters............................... 1164
Utilization of veterans' presumption of sound condition
in establishing eligibility of members of the armed
forces for retirement for disability (sec. 1641)....... 1164
Requirements and limitations on Department of Defense
determinations of disability with respect to members of
the armed forces (sec. 1642)........................... 1164
Review of separation of members of the armed forces
separated from service with a disability rating of 20
percent disabled or less (sec. 1643)................... 1165
Authorization of pilot programs to improve disability
evaluation system for members of the armed forces (sec.
1644).................................................. 1165
Reports on Army Medical Action Plan in response to
deficiencies in the Army physical disability evaluation
system (sec. 1645)..................................... 1166
Enhancement of disability severance pay for Members of
the armed forces (sec. 1646)........................... 1166
Assessments of continuing utility and future role of
temporary disability retired list (sec. 1647).......... 1166
Standards for military medical treatment facilities,
specialty medical care facilities, and military
quarters housing patients and annual report on such
facilities (sec. 1648)................................. 1167
Reports on Army Medical Action Plan in response to
deficiencies identified at Walter Reed Army Medical
Center (sec. 1649)..................................... 1167
Required certifications in connection with closure of
Walter Reed Army Medical Center, District of Columbia
(sec. 1650)............................................ 1167
Handbook for members of the armed forces on compensation
and benefits available for serious injuries and
illnesses (sec. 1651).................................. 1167
Subtitle E--Studies and Reports.............................. 1168
Study on physical and mental health and other
readjustment needs of members and former Members of the
armed forces who deployed in Operation Iraqi Freedom
and Operation Enduring Freedom and their families (sec.
1661).................................................. 1168
Access of recovering service members to adequate
outpatient residential facilities (sec. 1662).......... 1168
Study and report on support services for families of
recovering service members (sec. 1663)................. 1169
Report on traumatic brain injury classifications (sec.
1664).................................................. 1169
Evaluation of the Polytrauma Liaison Officer/Non-
Commissioned Officer Program (sec. 1665)............... 1169
Subtitle F--Other Matters.................................... 1170
Prohibition on transfer of resources from medical care
(sec. 1671)............................................ 1170
Medical care for families of members of the armed forces
recovering from serious injuries or illnesses (sec.
1672).................................................. 1170
Improvement of Medical tracking system for Members of the
armed forces deployed overseas (sec. 1673)............. 1170
Guaranteed funding for Walter Reed Army Medical Center,
District of Columbia (sec. 1674)....................... 1171
Use of leave transfer program by wounded veterans who are
Federal employees (sec. 1675).......................... 1171
Moratorium on conversion to contractor performance of
Department of Defense functions at military medical
facilities (sec. 1676)................................. 1171
Legislative Provisions Not Adopted........................... 1172
Establishment of medical support fund for support of
members of the armed forces returning to military
service or civilian life............................... 1172
Funding for improved diagnosis, treatment, and
rehabilitation of members of the armed forces with
traumatic brain injury or post-traumatic stress
disorder............................................... 1172
Personnel shortages in the mental health workforce of the
Department of Defense, including personnel in the
mental health workforce................................ 1172
Pilot program to establish an Army Wounded Warrior
battalion at an appropriate active duty base........... 1173
Oversight Board for Wounded Warriors..................... 1173
Title XVII--Veterans Matters..................................... 1173
Legislative Provisions Adopted............................... 1173
Sense of Congress on Department of Veterans Affairs
efforts in the rehabilitation and reintegration of
veterans with traumatic brain injury (sec. 1701)....... 1173
Individual rehabilitation and community reintegration
plans for veterans and others with traumatic brain
injury (sec. 1702)..................................... 1174
Use of non-Department of Veterans Affairs facilities for
implementation of rehabilitation and community
reintegration plans for traumatic brain injury (sec.
1703).................................................. 1174
Research, education, and clinical care program on
traumatic brain injury (sec. 1704)..................... 1175
Pilot program on assisted living services for veterans
with traumatic brain injury (sec. 1705)................ 1175
Provision of age-appropriate nursing home care (sec.
1706).................................................. 1175
Extension of period of eligibility for health care for
veterans of combat service during certain periods of
hostilities and war (sec. 1707)........................ 1175
Service-connection and assessments for mental health
conditions in veterans (sec. 1708)..................... 1176
Modification of requirements for furnishing outpatient
dental services to veterans with service-connected
dental conditions or disabilities (sec. 1709).......... 1176
Clarification of purpose of outreach services program of
Department of Veterans Affairs (sec. 1710)............. 1176
Designation of fiduciary or trustee for purposes of
Traumatic Servicemembers' Group Life Insurance (sec.
1711).................................................. 1176
Legislative Provisions Not Adopted........................... 1177
Demonstration program on preventing veterans at-risk of
homelessness from becoming homeless.................... 1177
Increase in physicians at hospitals of the Department of
Veterans Affairs....................................... 1177
Research on traumatic brain injury....................... 1177
Study and report of waiting periods for appointments at
Department of Veterans Affairs medical facilities...... 1177
Title XVIII--National Guard Bureau Matters and Related Matters... 1178
Short title (sec. 1801).................................. 1178
Subtitle A--National Guard Bureau............................ 1178
Appointment, grade, duties, and retirement of the Chief
of the National Guard Bureau (sec. 1811)............... 1178
Establishment of National Guard Bureau as joint activity
of Department of Defense (sec. 1812)................... 1179
Enhancement of functions of National Guard Bureau (sec.
1813).................................................. 1179
Requirement for Secretary of Defense to prepare plan for
response to natural disasters and terrorist events
(sec. 1814)............................................ 1180
Determination of Department of Defense civil support
requirements (sec. 1815)............................... 1180
Subtitle B--Additional Reserve Component Enhancement......... 1181
United States Northern Command (sec. 1821)............... 1181
Council of Governors (sec. 1822)......................... 1181
Plan for Reserve Forces Policy Board (sec. 1823)......... 1181
High-level positions authorized or required to be held by
reserve component general or flag officers (sec. 1824). 1182
Retirement age and years of service limitations on
certain reserve general and flag officers (sec. 1825).. 1182
Additional reporting requirements relating to National
Guard equipment (sec. 1826)............................ 1183
Legislative Provision Not Adopted............................ 1183
Promotion of reserve officers to lieutenant general grade 1183
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS................. 1183
Budget Items................................................. 1183
Summary and explanation of funding tables................ 1183
Legislative Provisions Adopted............................... 1210
Short title (sec. 2001).................................. 1210
Expiration of authorizations and amounts required to be
specified by law (sec. 2002)........................... 1210
Legislative Provision Not adopted............................ 1210
Effective date........................................... 1210
Title XXI--Army.................................................. 1210
Budget Items................................................. 1210
Summary.................................................. 1210
Item of Special Interest..................................... 1211
Unspecified minor construction, Army..................... 1211
Legislative Provisions Adopted............................... 1211
Authorized Army construction and land acquisition
projects (sec. 2101)................................... 1211
Family housing (sec. 2102)............................... 1212
Improvements to military family housing units (sec. 2103) 1212
Authorization of appropriations, Army (sec. 2104)........ 1212
Termination of authority to carry out fiscal year 2007
Army projects for which funds were not appropriated
(sec. 2105)............................................ 1212
Technical amendments to Military Construction
Authorization Act for Fiscal Year 2007 (sec. 2106)..... 1215
Modification of authority to carry out certain fiscal
year 2006 projects (sec. 2107)......................... 1215
Extension of authorization of certain fiscal year 2005
project (sec. 2108).................................... 1215
Ground lease, SOUTHCOM headquarters facility, Miami-
Doral, Florida (sec. 2109)............................. 1215
Title XXII--Navy................................................. 1216
Budget Items................................................. 1216
Summary.................................................. 1216
Legislative Provisions Adopted............................... 1216
Authorized Navy construction and land acquisition
projects (sec. 2201)................................... 1216
Family housing (sec. 2202)............................... 1216
Improvements to military family housing units (sec. 2203) 1217
Authorization of appropriations, Navy (sec. 2204)........ 1217
Termination.............................................. 1217
Modification of authority to carry out certain fiscal
year 2005 project (sec. 2206).......................... 1219
Repeal of authorization for construction of Navy outlying
landing field, Washington County, North Carolina (sec.
2207).................................................. 1219
Title XXIII--Air Force........................................... 1219
Legislative Provisions Adopted............................... 1219
Authorized Air Force construction and land acquisition
projects (sec. 2301)................................... 1219
Family housing (sec. 2302)............................... 1219
Improvements to military family housing units (sec. 2303) 1220
Authorization of appropriations, Air Force (sec. 2304)... 1220
Termination of authority to carry out fiscal year 2007
Air Force projects for which funds were not
appropriated (sec. 2305)............................... 1220
Modification of authority to carry out certain fiscal
year 2006 projects (sec. 2306)......................... 1222
Extension of authorizations of certain fiscal year 2005
projects (sec. 2307)................................... 1222
Extension of authorizations of certain fiscal year 2004
projects (sec. 2308)................................... 1222
Title XXIV--Defense Agencies..................................... 1222
Budget Items................................................. 1222
Summary.................................................. 1222
Legislative Provisions Adopted............................... 1223
Authorized defense agencies construction and land
acquisition projects (sec. 2401)....................... 1223
Energy conservation projects (sec. 2402)................. 1223
Authorization of appropriations, defense agencies (sec.
2403).................................................. 1223
Termination or modification of authority to carry out
fiscal year 2007 defense agencies projects (sec. 2404). 1223
Munitions demilitarization facilities, Blue Grass Army
Depot, Kentucky, and Pueblo Chemical Activity, Colorado
(sec. 2405)............................................ 1226
Extension of authorizations of certain fiscal year 2005
projects (sec. 2406)................................... 1226
Legislative Provision Not Adopted............................ 1226
Wounded warrior facility support......................... 1226
Title XXV--North Atlantic Treaty Organization Security Investment
Program........................................................ 1226
Legislative Provisions Adopted............................... 1226
Authorized NATO construction and land acquisition
projects (sec. 2501)................................... 1226
Authorization of appropriations, NATO (sec. 2502)........ 1227
Title XXVI--Guard and Reserve Forces Facilities.................. 1227
Budget Items................................................. 1227
Items of Special Interest.................................... 1227
Unspecified minor construction, Army National Guard...... 1227
Unspecified minor construction, Air National Guard....... 1227
Legislative Provisions Adopted............................... 1228
Authorized Army National Guard construction and land
acquisition projects (sec. 2601)....................... 1228
Authorized Army Reserve construction and land acquisition
projects (sec. 2602)................................... 1228
Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects (sec. 2603). 1228
Authorized Air National Guard construction and land
acquisition projects (sec. 2604)....................... 1228
Authorized Air Force Reserve construction and land
acquisition projects (sec. 2605)....................... 1229
Authorization of appropriations, National Guard and
Reserve (sec. 2606).................................... 1229
Termination of authority to carry out fiscal year 2007
Guard and Reserve projects for which funds were not
appropriated (sec. 2607)............................... 1229
Modification of authority to carry out fiscal year 2006
Air Force Reserve construction and acquisition projects
(sec. 2608)............................................ 1232
Extension of authorizations of certain fiscal year 2005
projects (sec. 2609)................................... 1232
Extension of authorizations of certain fiscal year 2004
projects (sec. 2610)................................... 1232
Title XXVII--Base Closure and Realignment Activities............. 1232
Budget Items................................................. 1232
Summary and explanation of tables........................ 1232
Legislative Provisions Adopted............................... 1241
Authorization of appropriations for base closure and
realignment activities funded through Department of
Defense Base Closure Account 1990 (sec. 2701).......... 1241
Authorized base closure and realignment activities funded
through Department of Defense base closure account 2005
(sec. 2702)............................................ 1241
Authorization of appropriations for base closure and
realignment activities funded through Department of
Defense Base Closure Account 2005 (sec. 2703).......... 1241
Authorized cost and scope of work variations (sec. 2704). 1241
Transfer of funds from Department of Defense Base Closure
Account 2005 to Department of Defense Housing Funds
(sec. 2705)............................................ 1242
Comprehensive accounting of funding required to ensure
timely implementation of 2005 Defense Base Closure and
Realignment Commission recommendations (sec. 2706)..... 1242
Relocation of units from Roberts United States Army
Reserve Center and Navy-Marine Corps Reserve Center,
Baton Rouge, Louisiana (sec. 2707)..................... 1242
Acquisition of real property, Fort Belvoir, Virginia, as
part of the realignment of the installation (sec. 2708) 1243
Report on availability of traffic infrastructure and
facilities to support base realignments (sec. 2709).... 1243
Title XXVIII--Military Construction General Provisions........... 1244
Subtitle A--Military Construction Program and Military Family
Housing Changes............................................ 1244
Authority to use operation and maintenance funds for
construction projects outside the United States (sec.
2801).................................................. 1244
Clarification of requirement for authorization of
military construction (sec. 2802)...................... 1245
Increase in thresholds for unspecified minor military
construction projects (sec. 2803)...................... 1245
Temporary authority to support revitalization of
Department of Defense laboratories through unspecified
minor military construction projects (sec. 2804)....... 1245
Extension of authority to accept equalization payments
for facility exchanges (sec. 2805)..................... 1246
Modifications of authority to lease military family
housing (sec. 2806).................................... 1246
Expansion of authority to exchange reserve component
facilities (sec. 2807)................................. 1246
Limitation on use of alternative authority for
acquisition and improvement of military housing for
privatization of temporary lodging facilities (sec.
2808).................................................. 1247
Two-year extension of temporary program to use minor
military construction authority for construction of
child development centers (sec. 2809).................. 1247
Report on housing privatization initiatives (sec. 2810).. 1247
Subtitle B--Real Property and Facilities Administration...... 1248
Requirement to report real property transactions
resulting in annual costs of more than $750,000 (sec.
2821).................................................. 1248
Consolidation of real property provisions without
substantive change (sec. 2822)......................... 1248
Modification of authority to lease non-excess property of
the military departments (sec. 2823)................... 1248
Cooperative agreement authority for management of
cultural resources on certain sites outside military
installations (sec. 2824).............................. 1248
Agreements to limit encroachments and other constraints
on military training, testing, and operations (sec.
2825).................................................. 1249
Expansion to all military departments of Army pilot
program for purchase of certain municipal services for
military installations (sec. 2826)..................... 1249
Prohibition on commercial flights into Selfridge Air
National Guard Base (sec. 2827)........................ 1249
Sense of Congress on Department of Defense actions to
protect installations, ranges, and military airspace
from encroachment (sec. 2828).......................... 1249
Reports on Army and Marine Corps operational ranges (sec.
2829).................................................. 1250
Niagara Air Reserve Base, New York, basing report (sec.
2830).................................................. 1250
Report on the Pinon Canyon Maneuver Site, Colorado (sec.
2831).................................................. 1251
Subtitle C--Land Conveyances................................. 1251
Modification of conveyance authority, Marine Corps Base,
Camp Pendleton, California (sec. 2841)................. 1251
Grant of easement, Eglin Air Force Base, Florida (sec.
2842).................................................. 1251
Land conveyance, Lynn Haven Fuel Depot, Lynn Haven,
Florida (sec. 2843).................................... 1251
Modification of lease of property, National Flight
Academy at the National Museum of Naval Aviation, Naval
Air Station, Pensacola, Florida (sec. 2844)............ 1252
Land exchange, Detroit, Michigan (sec. 2845)............. 1252
Transfer of jurisdiction, former Nike missile site,
Grosse Ile, Michigan (sec. 2846)....................... 1252
Modification to land conveyance authority, Fort Bragg,
North Carolina (sec. 2847)............................. 1252
Land conveyance, Lewis and Clark United States Army
Reserve Center, Bismarck, North Dakota (sec. 2848)..... 1253
Land exchange, Fort Hood, Texas (sec. 2849).............. 1253
Subtitle D--Energy Security.................................. 1253
Items of Special Interest.................................... 1253
Energy Conversation Forum................................ 1253
Report on water conservation projects.................... 1254
Legislative Provisions Adopted............................... 1254
Repeal of congressional notification requirement
regarding cancellation ceiling for Department of
Defense energy savings performance contracts (sec.
2861).................................................. 1254
Definition of alternative fueled vehicle (sec. 2862)..... 1254
Use of energy efficient lighting fixtures and bulbs in
Department of Defense facilities (sec. 2863)........... 1254
Reporting requirements relating to renewable energy use
by Department of Defense to meet Department electricity
needs (sec. 2864)...................................... 1255
Subtitle E--Other Matters.................................... 1255
Revised deadline for transfer of Arlington Naval Annex to
Arlington National Cemetery (sec. 2871)................ 1255
Transfer of jurisdiction over Air Force Memorial to
Department of the Air Force (sec. 2872)................ 1255
Report on plans to replace the monument at the Tomb of
the Unknowns at Arlington National Cemetery, Virginia
(sec. 2873)............................................ 1256
Increased authority for repair, restoration, and
preservation of Lafayette Escadrille Memorial, Marnes-
la-Coquette, France (sec. 2874)........................ 1256
Addition of Woonsocket local protection project (sec.
2875).................................................. 1256
Repeal of moratorium on improvements at Fort Buchanan,
Puerto Rico (sec. 2876)................................ 1256
Establishment of national military working dog teams
monument on suitable military installation (sec. 2877). 1257
Report regarding removal of missiles from 564th Missile
Squadron (sec. 2878)................................... 1257
Report on condition of schools under jurisdiction of
Department of Defense education activity (sec. 2879)... 1257
Report on facilities and operations of Darnall Army
Medical Center, Fort Hood Military Reservation, Texas
(sec. 2880)............................................ 1257
Report on feasibility of establishing a regional disaster
response center at Kelly Air Field, San Antonio, Texas
(sec. 2881)............................................ 1258
Naming housing facility at Fort Carson, Colorado, in
honor of the Honorable Joel Hefley, a former member of
the United States House of Representatives (sec. 2882). 1258
Naming Navy and Marine Corps Reserve Center at Rock
Island, Illinois, in honor of the Honorable Lane Evans,
a former member of the United States House of
Representatives (sec. 2883)............................ 1258
Naming a research laboratory at Air Force Rome Research
Site, Rome, New York, in honor of the Honorable
Sherwood L. Boehlert, a former member of the United
States House of Representatives (sec. 2884)............ 1258
Naming an administrative building at Joint Systems
Manufacturing Center, Lima, Ohio, in honor of the
Honorable Michael G. Oxley, a former member of the
United States House of Representatives (sec. 2885)..... 1259
Naming of Logistics Automation Training Facility, Army
Quartermaster Center and School, Fort Lee, Virginia, in
honor of General Richard H. Thompson (sec. 2886)....... 1259
Authority to relocate Joint Spectrum Center to Fort
Meade, Maryland (sec. 2887)............................ 1259
Legislative Provisions Not Adopted........................... 1260
General military construction transfer authority......... 1260
Modification of land management restrictions applicable
to Utah national defense lands......................... 1260
Report on opportunities for leveraging funds of the
Department of Defense and States to prevent disruption
in event of electric grid or pipeline failures......... 1260
Report on water conservation projects.................... 1260
Retention of proceeds from enhanced use leases at
Selfridge Air National Guard Base...................... 1261
Title XXIX--War Related and Emergency Military Construction
Authorizations................................................. 1261
Legislative Provisions Adopted............................... 1266
Authorized Army construction and land acquisition
projects (sec. 2901)................................... 1266
Authorized Navy construction and land acquisition
projects (sec. 2902)................................... 1266
Authorized Air Force construction and land acquisition
projects (sec. 2903)................................... 1267
Authorized defense agencies construction and land
acquisition projects (sec. 2904)....................... 1267
Authorized base closure and realignment activities funded
through Department of Defense Base Closure Account 2005
and related authorization of appropriations (sec. 2905) 1268
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS
AND OTHER AUTHORIZATIONS....................................... 1268
Title XXXI--Department of Energy National Security Programs...... 1268
Subtitle A--National Security Programs Authorizations........ 1268
Overview................................................. 1268
Item of Special Interest..................................... 1287
International Atomic Energy Agency nuclear fuel bank..... 1287
Legislative Provisions Adopted............................... 1287
National Nuclear Security Administration (sec. 3101)..... 1287
Defense environmental cleanup (sec. 3102)................ 1289
Other defense activities (sec. 3103)..................... 1289
Defense nuclear waste disposal (sec. 3104)............... 1289
Energy security and assurance (sec. 3105)................ 1290
Subtitle B--Program Authorizations, Restrictions, and
Limitations................................................ 1290
Reliable Replacement Warhead program (sec. 3111)......... 1294
Nuclear test readiness (sec. 3112)....................... 1291
Modification of reporting requirement (sec. 3113)........ 1291
Limitation on availability of funds for fissile materials
disposition program (sec. 3114)........................ 1292
Modification of limitations on availability of funds for
waste treatment and immobilization plant (sec. 3115)... 1293
Modification of sunset date of the Office of the
Ombudsman of the Energy Employees Occupational Illness
Compensation program (sec. 3116)....................... 1293
Technical amendments (sec. 3117)......................... 1293
Subtitle C--Other Matters.................................... 1293
Study on using existing pits for the Reliable Replacement
Warhead program (sec. 3121)............................ 1293
Report on retirement and dismantlement of nuclear
warheads (sec. 3122)................................... 1294
Plan for addressing security risks posed to nuclear
weapons complex (sec. 3123)............................ 1294
Department of Energy protective forces (sec. 3124)....... 1294
Evaluation of National Nuclear Security Administration
strategic plan for advanced computing (sec. 3125)...... 1295
Sense of Congress on the nuclear nonproliferation policy
of the United States and the Reliable Replacement
Warhead program (sec. 3126)............................ 1296
Department of Energy report on plan to strengthen and
expand International Radiological Threat Reduction
program (sec. 3127).................................... 1296
Department of Energy report on plan to strengthen and
expand Materials Protection, Control, and Accounting
program (sec. 3128).................................... 1297
Agreements and reports on nuclear forensics capabilities
(sec. 3129)............................................ 1297
Report on status of environmental management initiatives
to accelerate the reduction of environmental risks and
challenges posed by the legacy of the Cold War (sec.
3130).................................................. 1298
Subtitle D--Nuclear Terrorism Prevention..................... 1298
Definitions (sec. 3131).................................. 1298
Sense of Congress on the prevention of nuclear terrorism
(sec. 3132)............................................ 1298
Minimum security standard for nuclear weapons and formula
quantities of strategic special nuclear material (sec.
3133).................................................. 1299
Annual report (sec. 3134)................................ 1299
Legislative Provisions Not Adopted........................... 1300
Authority to use International Nuclear Materials
Protection and Cooperation program funds outside the
former Soviet Union.................................... 1300
Findings................................................. 1300
Title XXXII--War Related National Nuclear Security Administration
Authorizations................................................. 1301
Legislative Provision Adopted................................ 1301
Additional war-related authorization of appropriations
for National Nuclear Security Administration (sec.
3201).................................................. 1301
Title XXXIII--Defense Nuclear Facilities Safety Board............ 1301
Legislative Provision Adopted................................ 1301
Authorization (sec. 3301)................................ 1301
Title XXXIV--Naval Petroleum Reserves............................ 1301
Legislative Provisions Adopted............................... 1301
Authorization of appropriations (sec. 3401).............. 1301
Remedial action at Moab Uranium milling site (sec. 3402). 1302
Title XXXV--Maritime Administration.............................. 1302
Legislative Provisions Adopted............................... 1302
Authorization of appropriations for fiscal year 2008
(sec. 3501)............................................ 1302
Temporary authority to transfer obsolete combatant
vessels to the Navy for disposal (sec. 3502)........... 1303
Vessel disposal program (sec. 3503)...................... 1303
Subtitle B--Programs......................................... 1303
Commercial vessel chartering authority (sec. 3511)....... 1303
Maritime Administration vessel chartering authority (sec.
3512).................................................. 1303
Chartering to State and local governmental
instrumentalities (sec. 3513).......................... 1304
Disposal of obsolete Government vessels (sec. 3514)...... 1304
Vessel transfer authority (sec. 3515).................... 1304
Sea trials for the Ready Reserve force (sec. 3516)....... 1304
Review of applications for loans and guarantees (sec.
3517).................................................. 1304
Subtitle C--Technical Corrections............................ 1305
Technical corrections (secs. 3521-3529).................. 1305
Legislative Provisions Not Adopted....................... 1305
Short title.............................................. 1305
Technical corrections.................................... 1305
Compliance with rule XLIV of the Standing Rules of the Senate and
House Rule XXI................................................. 1306
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-477
======================================================================
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008
_______
December 6, 2007.--Ordered to be printed
_______
Mr. Skelton, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 1585]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
1585), 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, having met, after full and
free conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2008''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions
as follows:
(1) Division A--Department of Defense
Authorizations.
(2) Division B--Military Construction
Authorizations.
(3) Division C--Department of Energy National
Security Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. National Guard and Reserve equipment.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for M1A2 Abrams System
Enhancement Package upgrades.
Sec. 112. Multiyear procurement authority for M2A3/M3A3 Bradley fighting
vehicle upgrades.
Sec. 113. Multiyear procurement authority for conversion of CH-47D
helicopters to CH-47F configuration.
Sec. 114. Multiyear procurement authority for CH-47F helicopters.
Sec. 115. Limitation on use of funds for Increment 1 of the Warfighter
Information Network-Tactical program pending certification to
Congress.
Sec. 116. Prohibition on closure of Army Tactical Missile System
production line pending report.
Sec. 117. Stryker Mobile Gun System.
Subtitle C--Navy Programs
Sec. 121. Multiyear procurement authority for Virginia-class submarine
program.
Sec. 122. Report on shipbuilding investment strategy.
Sec. 123. Sense of Congress on the preservation of a skilled United
States shipyard workforce.
Sec. 124. Assessments required prior to start of construction on first
ship of a shipbuilding program.
Sec. 125. Littoral Combat Ship (LCS) program.
Subtitle D--Air Force Programs
Sec. 131. Limitation on Joint Cargo Aircraft.
Sec. 132. Clarification of limitation on retirement of U-2 aircraft.
Sec. 133. Repeal of requirement to maintain retired C-130E tactical
aircraft.
Sec. 134. Limitation on retirement of C-130E/H tactical airlift
aircraft.
Sec. 135. Limitation on retirement of KC-135E aerial refueling aircraft.
Sec. 136. Transfer to Government of Iraq of three C-130E tactical
airlift aircraft.
Sec. 137. Modification of limitations on retirement of B-52 bomber
aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Operational test and evaluation of Future Combat Systems
network.
Sec. 212. Limitation on use of funds for systems development and
demonstration of Joint Light Tactical Vehicle program.
Sec. 213. Requirement to obligate and expend funds for development and
procurement of a competitive propulsion system for the Joint
Strike Fighter.
Sec. 214. Limitation on use of funds for defense-wide manufacturing
science and technology program.
Sec. 215. Advanced Sensor Applications Program.
Sec. 216. Active protection systems.
Subtitle C--Ballistic Missile Defense
Sec. 221. Participation of Director, Operational Test and Evaluation, in
missile defense test and evaluation activities.
Sec. 222. Study on future roles and missions of the Missile Defense
Agency.
Sec. 223. Budget and acquisition requirements for Missile Defense Agency
activities.
Sec. 224. Limitation on use of funds for replacing warhead on SM-3 Block
IIA missile.
Sec. 225. Extension of Comptroller General assessments of ballistic
missile defense programs.
Sec. 226. Limitation on availability of funds for procurement,
construction, and deployment of missile defenses in Europe.
Sec. 227. Sense of Congress on missile defense cooperation with Israel.
Sec. 228. Limitation on availability of funds for deployment of missile
defense interceptors in Alaska.
Sec. 229. Policy of the United States on protection of the United States
and its allies against Iranian ballistic missiles.
Subtitle D--Other Matters
Sec. 231. Coordination of human systems integration activities related
to acquisition programs.
Sec. 232. Expansion of authority for provision of laboratory facilities,
services, and equipment.
Sec. 233. Modification of cost sharing requirement for Technology
Transition Initiative.
Sec. 234. Report on implementation of Manufacturing Technology Program.
Sec. 235. Assessment of sufficiency of test and evaluation personnel.
Sec. 236. Repeal of requirement for separate reports on technology area
review and assessment summaries.
Sec. 237. Modification of notice and wait requirement for obligation of
funds for foreign comparative test program.
Sec. 238. Strategic Plan for the Manufacturing Technology Program.
Sec. 239. Modification of authorities on coordination of Defense
Experimental Program to Stimulate Competitive Research with
similar Federal programs.
Sec. 240. Enhancement of defense nanotechnology research and development
program.
Sec. 241. Federally funded research and development center assessment of
the Defense Experimental Program to Stimulate Competitive
Research.
Sec. 242. Cost-benefit analysis of proposed funding reduction for High
Energy Laser Systems Test Facility.
Sec. 243. Prompt global strike.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Environmental Provisions
Sec. 311. Reimbursement of Environmental Protection Agency for certain
costs in connection with Moses Lake Wellfield Superfund Site,
Moses Lake, Washington.
Sec. 312. Reimbursement of Environmental Protection Agency for certain
costs in connection with the Arctic Surplus Superfund Site,
Fairbanks, Alaska.
Sec. 313. Payment to Environmental Protection Agency of stipulated
penalties in connection with Jackson Park Housing Complex,
Washington.
Sec. 314. Report on control of the brown tree snake.
Sec. 315. Notification of certain residents and civilian employees at
Camp Lejeune, North Carolina, of exposure to drinking water
contamination.
Subtitle C--Workplace and Depot Issues
Sec. 321. Availability of funds in Defense Information Systems Agency
Working Capital Fund for technology upgrades to Defense
Information Systems Network.
Sec. 322. Modification to public-private competition requirements before
conversion to contractor performance.
Sec. 323. Public-private competition at end of period specified in
performance agreement not required.
Sec. 324. Guidelines on insourcing new and contracted out functions.
Sec. 325. Restriction on Office of Management and Budget influence over
Department of Defense public-private competitions.
Sec. 326. Bid protests by Federal employees in actions under Office of
Management and Budget Circular A-76.
Sec. 327. Public-private competition required before conversion to
contractor performance.
Sec. 328. Extension of authority for Army industrial facilities to
engage in cooperative activities with non-Army entities.
Sec. 329. Reauthorization and modification of multi-trades demonstration
project.
Sec. 330. Pilot program for availability of working-capital funds to
Army for certain product improvements.
Subtitle D--Extension of Program Authorities
Sec. 341. Extension of Arsenal Support Program Initiative.
Sec. 342. Extension of period for reimbursement for helmet pads
purchased by members of the Armed Forces deployed in
contingency operations.
Sec. 343. Extension of temporary authority for contract performance of
security guard functions.
Subtitle E--Reports
Sec. 351. Reports on National Guard readiness for emergencies and major
disasters.
Sec. 352. Annual report on prepositioned materiel and equipment.
Sec. 353. Report on incremental cost of early 2007 enhanced deployment.
Sec. 354. Modification of requirements of Comptroller General report on
the readiness of Army and Marine Corps ground forces.
Sec. 355. Plan to improve readiness of ground forces of active and
reserve components.
Sec. 356. Independent assessment of Civil Reserve Air Fleet viability.
Sec. 357. Department of Defense Inspector General report on physical
security of Department of Defense installations.
Sec. 358. Review of high-altitude aviation training.
Sec. 359. Reports on safety measures and encroachment issues and master
plan for Warren Grove Gunnery Range, New Jersey.
Sec. 360. Report on search and rescue capabilities of the Air Force in
the northwestern United States.
Sec. 361. Report and master infrastructure recapitalization plan for
Cheyenne Mountain Air Station, Colorado.
Subtitle F--Other Matters
Sec. 371. Enhancement of corrosion control and prevention functions
within Department of Defense.
Sec. 372. Authority for Department of Defense to provide support for
certain sporting events.
Sec. 373. Authority to impose reasonable restrictions on payment of full
replacement value for lost or damaged personal property
transported at Government expense.
Sec. 374. Priority transportation on Department of Defense aircraft of
retired members residing in Commonwealths and possessions of
the United States for certain health care services.
Sec. 375. Recovery of missing military property.
Sec. 376. Retention of combat uniforms by members of the Armed Forces
deployed in support of contingency operations.
Sec. 377. Issue of serviceable material of the Navy other than to Armed
Forces.
Sec. 378. Reauthorization of Aviation Insurance Program.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Additional authority for increases of Army and Marine Corps
active duty end strengths for fiscal years 2009 and 2010.
Sec. 404. Increase in authorized strengths for Army officers on active
duty in the grade of major.
Sec. 405. Increase in authorized strengths for Navy officers on active
duty in the grades of lieutenant commander, commander, and
captain.
Sec. 406. Increase in authorized daily average of number of members in
pay grade E-9.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2008 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Sec. 416. Future authorizations and accounting for certain reserve
component personnel authorized to be on active duty or full-
time National Guard duty to provide operational support.
Sec. 417. Revision of variances authorized for Selected Reserve end
strengths.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Assignment of officers to designated positions of importance
and responsibility.
Sec. 502. Enhanced authority for Reserve general and flag officers to
serve on active duty.
Sec. 503. Increase in years of commissioned service threshold for
discharge of probationary officers and for use of force
shaping authority.
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.
Sec. 506. Expansion of authority for reenlistment of officers in their
former enlisted grade.
Sec. 507. Increase in authorized number of permanent professors at the
United States Military Academy.
Sec. 508. Promotion of career military professors of the Navy.
Subtitle B--Reserve Component Management
Sec. 511. Retention of military technicians who lose dual status in the
Selected Reserve due to combat-related disability.
Sec. 512. Constructive service credit upon original appointment of
Reserve officers in certain health care professions.
Sec. 513. Mandatory separation of Reserve officers in the grade of
lieutenant general or vice admiral after completion of 38
years of commissioned service.
Sec. 514. Maximum period of temporary Federal recognition of person as
Army National Guard officer or Air National Guard officer.
Sec. 515. Advance notice to members of reserve components of deployment
in support of contingency operations.
Sec. 516. Report on relief from professional licensure and certification
requirements for reserve component members on long-term active
duty.
Subtitle C--Education and Training
Sec. 521. Revisions to authority to pay tuition for off-duty training or
education.
Sec. 522. Reduction or elimination of service obligation in an Army
Reserve or Army National Guard troop program unit for certain
persons selected as medical students at Uniformed Services
University of the Health Sciences.
Sec. 523. Repeal of annual limit on number of ROTC scholarships under
Army Reserve and Army National Guard financial assistance
program.
Sec. 524. Treatment of prior active service of members in uniformed
medical accession programs.
Sec. 525. Repeal of post-2007-2008 academic year prohibition on phased
increase in cadet strength limit at the United States Military
Academy.
Sec. 526. National Defense University master's degree programs.
Sec. 527. Authority of the Air University to confer degree of master of
science in flight test engineering.
Sec. 528. Enhancement of education benefits for certain members of
reserve components.
Sec. 529. Extension of period of entitlement to educational assistance
for certain members of the Selected Reserve affected by force
shaping initiatives.
Sec. 530. Time limit for use of educational assistance benefit for
certain members of reserve components and resumption of
benefit.
Sec. 531. Secretary of Defense evaluation of the adequacy of the degree-
granting authorities of certain military universities and
educational institutions.
Sec. 532. Report on success of Army National Guard and Reserve Senior
Reserve Officers' Training Corps financial assistance program.
Sec. 533. Report on utilization of tuition assistance by members of the
Armed Forces.
Sec. 534. Navy Junior Reserve Officers' Training Corps unit for
Southold, Mattituck, and Greenport High Schools.
Sec. 535. Report on transfer of administration of certain educational
assistance programs for members of the reserve components.
Subtitle D--Military Justice and Legal Assistance Matters
Sec. 541. Authority to designate civilian employees of the Federal
Government and dependents of deceased members as eligible for
legal assistance from Department of Defense legal staff
resources.
Sec. 542. Authority of judges of the United States Court of Appeals for
the Armed Forces to administer oaths.
Sec. 543. Modification of authorities on senior members of the Judge
Advocate Generals' Corps.
Sec. 544. Prohibition against members of the Armed Forces participating
in criminal street gangs.
Subtitle E--Military Leave
Sec. 551. Temporary enhancement of carryover of accumulated leave for
members of the Armed Forces.
Sec. 552. Enhancement of rest and recuperation leave.
Subtitle F--Decorations and Awards
Sec. 561. Authorization and request for award of Medal of Honor to
Leslie H. Sabo, Jr., for acts of valor during the Vietnam War.
Sec. 562. Authorization and request for award of Medal of Honor to Henry
Svehla for acts of valor during the Korean War.
Sec. 563. Authorization and request for award of Medal of Honor to
Woodrow W. Keeble for acts of valor during the Korean War.
Sec. 564. Authorization and request for award of Medal of Honor to
Private Philip G. Shadrach for acts of valor as one of
Andrews' Raiders during the Civil War.
Sec. 565. Authorization and request for award of Medal of Honor to
Private George D. Wilson for acts of valor as one of Andrews'
Raiders during the Civil War.
Subtitle G--Impact Aid and Defense Dependents Education System
Sec. 571. Continuation of authority to assist local educational agencies
that benefit dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 572. Impact aid for children with severe disabilities.
Sec. 573. Inclusion of dependents of non-department of Defense employees
employed on Federal property in plan relating to force
structure changes, relocation of military units, or base
closures and realignments.
Sec. 574. Payment of private boarding school tuition for military
dependents in overseas areas not served by defense dependents'
education system schools.
Subtitle H--Military Families
Sec. 581. Department of Defense Military Family Readiness Council and
policy and plans for military family readiness.
Sec. 582. Yellow Ribbon Reintegration Program.
Sec. 583. Study to enhance and improve support services and programs for
families of members of regular and reserve components
undergoing deployment.
Sec. 584. Protection of child custody arrangements for parents who are
members of the Armed Forces deployed in support of a
contingency operation.
Sec. 585. Family leave in connection with injured members of the Armed
Forces.
Sec. 586. Family care plans and deferment of deployment of single parent
or dual military couples with minor dependents.
Sec. 587. Education and treatment services for military dependent
children with autism.
Sec. 588. Commendation of efforts of Project Compassion in paying
tribute to members of the Armed Forces who have fallen in the
service of the United States.
Subtitle I--Other Matters
Sec. 590. Uniform performance policies for military bands and other
musical units.
Sec. 591. Transportation of remains of deceased members of the Armed
Forces and certain other persons.
Sec. 592. Expansion of number of academies supportable in any State
under STARBASE program.
Sec. 593. Gift acceptance authority.
Sec. 594. Conduct by members of the Armed Forces and veterans out of
uniform during hoisting, lowering, or passing of United States
flag.
Sec. 595. Annual report on cases reviewed by National Committee for
Employer Support of the Guard and Reserve.
Sec. 596. Modification of Certificate of Release or Discharge from
Active Duty (DD Form 214).
Sec. 597. Reports on administrative separations of members of the Armed
Forces for personality disorder.
Sec. 598. Program to commemorate 50th anniversary of the Vietnam War.
Sec. 599. Recognition of members of the Monuments, Fine Arts, and
Archives program of the Civil Affairs and Military Government
Sections of the Armed Forces during and following World War
II.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2008 increase in military basic pay.
Sec. 602. Basic allowance for housing for reserve component members
without dependents who attend accession training while
maintaining a primary residence.
Sec. 603. Extension and enhancement of authority for temporary lodging
expenses for members of the Armed Forces in areas subject to
major disaster declaration or for installations experiencing
sudden increase in personnel levels.
Sec. 604. Income replacement payments for reserve component members
experiencing extended and frequent mobilization for active
duty service.
Sec. 605. Midmonth payment of basic pay for contributions of members of
the uniformed services participating in Thrift Savings Plan.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonus and special pay authorities for
Reserve forces.
Sec. 612. Extension of certain bonus and special pay authorities for
health care professionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear
officers.
Sec. 614. Extension of authorities relating to payment of other bonuses
and special pays.
Sec. 615. Increase in incentive special pay and multiyear retention
bonus for medical officers.
Sec. 616. Increase in dental officer additional special pay.
Sec. 617. Increase in maximum monthly rate of hardship duty pay and
authority to provide hardship duty pay in a lump sum.
Sec. 618. Definition of sea duty for career sea pay to include service
as off-cycle crewmembers of multi-crew ships.
Sec. 619. Reenlistment bonus for members of the Selected Reserve.
Sec. 620. Availability of Selected Reserve accession bonus for persons
who previously served in the Armed Forces for a short period.
Sec. 621. Availability of nuclear officer continuation pay for officers
with more than 26 years of commissioned service.
Sec. 622. Waiver of years-of-service limitation on receipt of critical
skills retention bonus.
Sec. 623. Accession bonus for participants in the Armed Forces Health
Professions Scholarship and Financial Assistance Program.
Sec. 624. Payment of assignment incentive pay for Reserve members
serving in combat zone for more than 22 months.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Payment of inactive duty training travel costs for certain
Selected Reserve members.
Sec. 632. Survivors of deceased members eligible for transportation to
attend burial ceremonies.
Sec. 633. Allowance for participation of Reserves in electronic
screening.
Sec. 634. Allowance for civilian clothing for members of the Armed
Forces traveling in connection with medical evacuation.
Sec. 635. Payment of moving expenses for Junior Reserve Officers'
Training Corps instructors in hard-to-fill positions.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 641. Expansion of combat-related special compensation eligibility.
Sec. 642. Inclusion of veterans with service-connected disabilities
rated as total by reason of unemployability under termination
of phase-in of concurrent receipt of retired pay and veterans'
disability compensation.
Sec. 643. Recoupment of annuity amounts previously paid, but subject to
offset for dependency and indemnity compensation.
Sec. 644. Special survivor indemnity allowance for persons affected by
required Survivor Benefit Plan annuity offset for dependency
and indemnity compensation.
Sec. 645. Modification of authority of members of the Armed Forces to
designate recipients for payment of death gratuity.
Sec. 646. Clarification of application of retired pay multiplier
percentage to members of the uniformed services with over 30
years of service.
Sec. 647. Commencement of receipt of non-regular service retired pay by
members of the Ready Reserve on active Federal status or
active duty for significant periods.
Sec. 648. Computation of years of service for purposes of retired pay
for non-regular service.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
Sec. 651. Authority to continue commissary and exchange benefits for
certain involuntarily separated members of the Armed Forces.
Sec. 652. Authorization of installment deductions from pay of employees
of nonappropriated fund instrumentalities to collect
indebtedness to the United States.
Subtitle F--Consolidation of Special Pay, Incentive Pay, and Bonus
Authorities
Sec. 661. Consolidation of special pay, incentive pay, and bonus
authorities of the uniformed services.
Sec. 662. Transitional provisions.
Subtitle G--Other Matters
Sec. 671. Referral bonus authorities.
Sec. 672. Expansion of education loan repayment program for members of
the Selected Reserve.
Sec. 673. Ensuring entry into United States after time abroad for
permanent resident alien military spouses and children.
Sec. 674. Overseas naturalization for military spouses and children.
Sec. 675. Modification of amount of back pay for members of Navy and
Marine Corps selected for promotion while interned as
prisoners of war during World War II to take into account
changes in Consumer Price Index.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Improvements to Military Health Benefits
Sec. 701. One-year extension of prohibition on increases in certain
health care costs for members of the uniformed services.
Sec. 702. Temporary prohibition on increase in copayments under retail
pharmacy system of pharmacy benefits program.
Sec. 703. Inclusion of TRICARE retail pharmacy program in Federal
procurement of pharmaceuticals.
Sec. 704. Stipend for members of reserve components for health care for
certain dependents.
Sec. 705. Authority for expansion of persons eligible for continued
health benefits coverage.
Sec. 706. Continuation of eligibility for TRICARE Standard coverage for
certain members of the Selected Reserve.
Sec. 707. Extension of pilot program for health care delivery.
Sec. 708. Inclusion of mental health care in definition of health care
and report on mental health care services.
Subtitle B--Studies and Reports
Sec. 711. Surveys on continued viability of TRICARE Standard and TRICARE
Extra.
Sec. 712. Report on training in preservation of remains under combat or
combat-related conditions.
Sec. 713. Report on patient satisfaction surveys.
Sec. 714. Report on medical physical examinations of members of the
Armed Forces before their deployment.
Sec. 715. Report and study on multiple vaccinations of members of the
Armed Forces.
Sec. 716. Review of gender- and ethnic group-specific mental health
services and treatment for members of the Armed Forces.
Sec. 717. Licensed mental health counselors and the TRICARE program.
Sec. 718. Report on funding of the Department of Defense for health
care.
Subtitle C--Other Matters
Sec. 721. Prohibition on conversion of military medical and dental
positions to civilian medical and dental positions.
Sec. 722. Establishment of Joint Pathology Center.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Sec. 800. Short title.
Subtitle A--Acquisition Policy and Management
Sec. 801. Internal controls for procurements on behalf of the Department
of Defense by certain non-Defense agencies.
Sec. 802. Lead systems integrators.
Sec. 803. Reinvestment in domestic sources of strategic materials.
Sec. 804. Clarification of the protection of strategic materials
critical to national security.
Sec. 805. Procurement of commercial services.
Sec. 806. Specification of amounts requested for procurement of contract
services.
Sec. 807. Inventories and reviews of contracts for services.
Sec. 808. Independent management reviews of contracts for services.
Sec. 809. Implementation and enforcement of requirements applicable to
undefinitized contractual actions.
Sec. 810. Clarification of limited acquisition authority for Special
Operations Command.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Requirements applicable to multiyear contracts for the
procurement of major systems of the Department of Defense.
Sec. 812. Changes to Milestone B certifications.
Sec. 813. Comptroller General report on Department of Defense
organization and structure for major defense acquisition
programs.
Sec. 814. Clarification of submission of cost or pricing data on
noncommercial modifications of commercial items.
Sec. 815. Clarification of rules regarding the procurement of commercial
items.
Sec. 816. Review of systemic deficiencies on major defense acquisition
programs.
Sec. 817. Investment strategy for major defense acquisition programs.
Sec. 818. Report on implementation of recommendations on total ownership
cost for major weapon systems.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Plan for restricting Government-unique contract clauses on
commercial contracts.
Sec. 822. Extension of authority for use of simplified acquisition
procedures for certain commercial items.
Sec. 823. Five-year extension of authority to carry out certain
prototype projects.
Sec. 824. Exemption of Special Operations Command from certain
requirements for certain contracts relating to vessels,
aircraft, and combat vehicles.
Sec. 825. Provision of authority to maintain equipment to unified
combatant command for joint warfighting.
Sec. 826. Market research.
Sec. 827. Modification of competition requirements for purchases from
Federal Prison Industries.
Sec. 828. Multiyear contract authority for electricity from renewable
energy sources.
Sec. 829. Procurement of fire resistant rayon fiber for the production
of uniforms from foreign sources.
Sec. 830. Comptroller General review of noncompetitive awards of
congressional and executive branch interest items.
Subtitle D--Accountability in Contracting
Sec. 841. Commission on Wartime Contracting in Iraq and Afghanistan.
Sec. 842. Investigation of waste, fraud, and abuse in wartime contracts
and contracting processes in Iraq and Afghanistan.
Sec. 843. Enhanced competition requirements for task and delivery order
contracts.
Sec. 844. Public disclosure of justification and approval documents for
noncompetitive contracts.
Sec. 845. Disclosure of government contractor audit findings.
Sec. 846. Protection for contractor employees from reprisal for
disclosure of certain information.
Sec. 847. Requirements for senior Department of Defense officials
seeking employment with defense contractors.
Sec. 848. Report on contractor ethics programs of Major Defense
contractors.
Sec. 849. Contingency contracting training for personnel outside the
acquisition workforce and evaluations of Army Commission
recommendations.
Subtitle E--Acquisition Workforce Provisions
Sec. 851. Requirement for section on defense acquisition workforce in
strategic human capital plan.
Sec. 852. Department of Defense Acquisition Workforce Development Fund.
Sec. 853. Extension of authority to fill shortage category positions for
certain Federal acquisition positions.
Sec. 854. Repeal of sunset of acquisition workforce training fund.
Sec. 855. Federal acquisition workforce improvements.
Subtitle F--Contracts in Iraq and Afghanistan
Sec. 861. Memorandum of understanding on matters relating to
contracting.
Sec. 862. Contractors performing private security functions in areas of
combat operations.
Sec. 863. Comptroller General reviews and reports on contracting in Iraq
and Afghanistan.
Sec. 864. Definitions and other general provisions.
Subtitle G--Defense Materiel Readiness Board
Sec. 871. Establishment of Defense Materiel Readiness Board.
Sec. 872. Critical materiel readiness shortfalls.
Subtitle H--Other Matters
Sec. 881. Clearinghouse for rapid identification and dissemination of
commercial information technologies.
Sec. 882. Authority to license certain military designations and
likenesses of weapons systems to toy and hobby manufacturers.
Sec. 883. Modifications to limitation on contracts to acquire military
flight simulator.
Sec. 884. Requirements relating to waivers of certain domestic source
limitations relating to specialty metals.
Sec. 885. Telephone services for military personnel serving in combat
zones.
Sec. 886. Enhanced authority to acquire products and services produced
in Iraq and Afghanistan.
Sec. 887. Defense Science Board review of Department of Defense policies
and procedures for the acquisition of information technology.
Sec. 888. Green procurement policy.
Sec. 889. Comptroller General review of use of authority under the
Defense Production Act of 1950.
Sec. 890. Prevention of export control violations.
Sec. 891. Procurement goal for Native Hawaiian-serving institutions and
Alaska Native-serving institutions.
Sec. 892. Competition for procurement of small arms supplied to Iraq and
Afghanistan.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Repeal of limitation on major Department of Defense
headquarters activities personnel and related report.
Sec. 902. Flexibility to adjust the number of deputy chiefs and
assistant chiefs.
Sec. 903. Change in eligibility requirements for appointment to
Department of Defense leadership positions.
Sec. 904. Management of the Department of Defense.
Sec. 905. Revision in guidance relating to combatant command acquisition
authority.
Sec. 906. Department of Defense Board of Actuaries.
Sec. 907. Modification of background requirement of individuals
appointed as Under Secretary of Defense for Acquisition,
Technology, and Logistics.
Sec. 908. Assistant Secretaries of the military departments for
acquisition matters; principal military deputies.
Sec. 909. Sense of Congress on term of Office of the Director of
Operational Test and Evaluation.
Subtitle B--Space Activities
Sec. 911. Space protection strategy.
Sec. 912. Biennial report on management of space cadre within the
Department of Defense.
Sec. 913. Additional report on oversight of acquisition for defense
space programs.
Subtitle C--Chemical Demilitarization Program
Sec. 921. Chemical demilitarization citizens advisory commissions.
Sec. 922. Sense of Congress on completion of destruction of United
States chemical weapons stockpile.
Sec. 923. Repeal of certain qualifications requirement for director of
chemical demilitarization management organization.
Sec. 924. Modification of termination of assistance to State and local
governments after completion of the destruction of the United
States chemical weapons stockpile.
Subtitle D--Intelligence-Related Matters
Sec. 931. Technical amendments to title 10, United States Code, arising
from enactment of the Intelligence Reform and Terrorism
Prevention Act of 2004.
Subtitle E--Roles and Missions Analysis
Sec. 941. Requirement for quadrennial roles and missions review.
Sec. 942. Joint Requirements Oversight Council additional duties
relating to core mission areas.
Sec. 943. Requirement for certification of major systems prior to
technology development.
Sec. 944. Presentation of future-years mission budget by core mission
area.
Subtitle F--Other Matters
Sec. 951. Department of Defense consideration of effect of climate
change on Department facilities, capabilities, and missions.
Sec. 952. Interagency policy coordination.
Sec. 953. Expansion of employment creditable under service agreements
under National Security Education Program.
Sec. 954. Board of Regents for the Uniformed Services University of the
Health Sciences.
Sec. 955. Establishment of Department of Defense School of Nursing.
Sec. 956. Inclusion of commanders of Western Hemisphere combatant
commands in Board of Visitors of Western Hemisphere Institute
for Security Cooperation.
Sec. 957. Comptroller General assessment of reorganization of the Office
of the Under Secretary of Defense for Policy.
Sec. 958. Report on foreign language proficiency.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. United States contribution to NATO common-funded budgets in
fiscal year 2008.
Sec. 1003. Authorization of additional emergency supplemental
appropriations for fiscal year 2007.
Sec. 1004. Modification of fiscal year 2007 general transfer authority.
Sec. 1005. Financial management transformation initiative for the
Defense Agencies.
Sec. 1006. Repeal of requirement for two-year budget cycle for the
Department of Defense.
Subtitle B--Policy Relating to Vessels and Shipyards
Sec. 1011. Limitation on leasing of vessels.
Sec. 1012. Policy relating to major combatant vessels of the strike
forces of the United States Navy.
Subtitle C--Counter-Drug Activities
Sec. 1021. Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities.
Sec. 1022. Expansion of authority to provide additional support for
counter-drug activities in certain foreign countries.
Sec. 1023. Report on counternarcotics assistance for the Government of
Haiti.
Subtitle D--Miscellaneous Authorities and Limitations
Sec. 1031. Provision of Air Force support and services to foreign
military and state aircraft.
Sec. 1032. Department of Defense participation in Strategic Airlift
Capability Partnership.
Sec. 1033. Improved authority to provide rewards for assistance in
combating terrorism.
Sec. 1034. Support for non-Federal development and testing of material
for chemical agent defense.
Sec. 1035. Prohibition on sale of F-14 fighter aircraft and related
parts.
Subtitle E--Reports
Sec. 1041. Extension and modification of report relating to hardened and
deeply buried targets.
Sec. 1042. Report on joint modeling and simulation activities.
Sec. 1043. Renewal of submittal of plans for prompt global strike
capability.
Sec. 1044. Report on workforce required to support the nuclear missions
of the Navy and the Department of Energy.
Sec. 1045. Comptroller General report on Defense Finance and Accounting
Service response to Butterbaugh v. Department of Justice.
Sec. 1046. Study on size and mix of airlift force.
Sec. 1047. Report on feasibility of establishing a domestic military
aviation national training center.
Sec. 1048. Limited field user evaluations for combat helmet pad
suspension systems.
Sec. 1049. Study on national security interagency system.
Sec. 1050. Report on solid rocket motor industrial base.
Sec. 1051. Reports on establishment of a memorial for members of the
Armed Forces who died in the air crash in Bakers Creek,
Australia, and establishment of other memorials in Arlington
National Cemetery.
Subtitle F--Other Matters
Sec. 1061. Reimbursement for National Guard support provided to Federal
agencies.
Sec. 1062. Congressional Commission on the Strategic Posture of the
United States.
Sec. 1063. Technical and clerical amendments.
Sec. 1064. Repeal of certification requirement.
Sec. 1065. Maintenance of capability for space-based nuclear detection.
Sec. 1066. Sense of Congress regarding detainees at Naval Station,
Guantanamo Bay, Cuba.
Sec. 1067. A report on transferring individuals detained at Naval
Station, Guantanamo Bay, Cuba.
Sec. 1068. Repeal of provisions in section 1076 of Public Law 109-364
relating to use of Armed Forces in major public emergencies.
Sec. 1069. Standards required for entry to military installations in
United States.
Sec. 1070. Revised nuclear posture review.
Sec. 1071. Termination of Commission on the Implementation of the New
Strategic Posture of the United States.
Sec. 1072. Security clearances; limitations.
Sec. 1073. Improvements in the process for the issuance of security
clearances.
Sec. 1074. Protection of certain individuals.
Sec. 1075. Modification of authorities on Commission to Assess the
Threat to the United States from Electromagnetic Pulse Attack.
Sec. 1076. Sense of Congress on Small Business Innovation Research
Program.
Sec. 1077. Revision of proficiency flying definition.
Sec. 1078. Qualifications for public aircraft status of aircraft under
contract with the Armed Forces.
Sec. 1079. Communications with the Committees on Armed Services of the
Senate and the House of Representatives.
Sec. 1080. Retention of reimbursement for provision of reciprocal fire
protection services.
Sec. 1081. Pilot program on commercial fee-for-service air refueling
support for the Air Force.
Sec. 1082. Advisory panel on Department of Defense capabilities for
support of civil authorities after certain incidents.
Sec. 1083. Terrorism exception to immunity.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Extension of authority to waive annual limitation on total
compensation paid to Federal civilian employees working
overseas under areas of United States Central Command.
Sec. 1102. Continuation of life insurance coverage for Federal employees
called to active duty.
Sec. 1103. Transportation of dependents, household effects, and personal
property to former home following death of Federal employee
where death resulted from disease or injury incurred in the
Central Command area of responsibility.
Sec. 1104. Special benefits for civilian employees assigned on
deployment temporary change of station.
Sec. 1105. Death gratuity authorized for Federal employees.
Sec. 1106. Modifications to the National Security Personnel System.
Sec. 1107. Requirement for full implementation of personnel
demonstration project.
Sec. 1108. Authority for inclusion of certain Office of Defense Research
and Engineering positions in experimental personnel program
for scientific and technical personnel.
Sec. 1109. Pilot program for the temporary assignment of information
technology personnel to private sector organizations.
Sec. 1110. Compensation for Federal wage system employees for certain
travel hours.
Sec. 1111. Travel compensation for wage grade personnel.
Sec. 1112. Accumulation of annual leave by senior level employees.
Sec. 1113. Uniform allowances for civilian employees.
Sec. 1114. Flexibility in setting pay for employees who move from a
Department of Defense or Coast Guard nonappropriated fund
instrumentality position to a position in the General Schedule
pay system.
Sec. 1115. Retirement service credit for service as cadet or midshipman
at a military service academy.
Sec. 1116. Authorization for increased compensation for faculty and
staff of the Uniformed Services University of the Health
Sciences.
Sec. 1117. Report on establishment of a scholarship program for civilian
mental health professionals.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Military-to-military contacts and comparable activities.
Sec. 1202. Authority for support of military operations to combat
terrorism.
Sec. 1203. Medical care and temporary duty travel expenses for liaison
officers of certain foreign nations.
Sec. 1204. Extension and expansion of Department of Defense authority to
participate in multinational military centers of excellence.
Sec. 1205. Reauthorization of Commanders' Emergency Response Program.
Sec. 1206. Authority to build the capacity of the Pakistan Frontier
Corps.
Sec. 1207. Authority to equip and train foreign personnel to assist in
accounting for missing United States Government personnel.
Sec. 1208. Authority to provide automatic identification system data on
maritime shipping to foreign countries and international
organizations.
Sec. 1209. Report on foreign-assistance related programs carried out by
the Department of Defense.
Sec. 1210. Extension and enhancement of authority for security and
stabilization assistance.
Sec. 1211. Government Accountability Office report on Global Peace
Operations Initiative.
Sec. 1212. Repeal of limitations on military assistance under the
American Servicemembers' Protection Act of 2002.
Subtitle B--Matters Relating to Iraq and Afghanistan
Sec. 1221. Modification of authorities relating to the Office of the
Special Inspector General for Iraq Reconstruction.
Sec. 1222. Limitation on availability of funds for certain purposes
relating to Iraq.
Sec. 1223. Report on United States policy and military operations in
Iraq.
Sec. 1224. Report on a comprehensive set of performance indicators and
measures for progress toward military and political stability
in Iraq.
Sec. 1225. Report on support from Iran for attacks against coalition
forces in Iraq.
Sec. 1226. Sense of Congress on the consequences of a failed state in
Iraq.
Sec. 1227. Sense of Congress on federalism in Iraq.
Sec. 1228. Tracking and monitoring of defense articles provided to the
Government of Iraq and other individuals and groups in Iraq.
Sec. 1229. Special Inspector General for Afghanistan Reconstruction.
Sec. 1230. Report on progress toward security and stability in
Afghanistan.
Sec. 1231. United States plan for sustaining the Afghanistan National
Security Forces.
Sec. 1232. Report on enhancing security and stability in the region
along the border of Afghanistan and Pakistan.
Sec. 1233. Reimbursement of certain coalition nations for support
provided to United States military operations.
Sec. 1234. Logistical support for coalition forces supporting operations
in Iraq and Afghanistan.
Subtitle C--Iraq Refugee Crisis
Sec. 1241. Short title.
Sec. 1242. Processing mechanisms.
Sec. 1243. United States refugee program processing priorities.
Sec. 1244. Special immigrant status for certain Iraqis.
Sec. 1245. Senior Coordinator for Iraqi Refugees and Internally
Displaced Persons.
Sec. 1246. Countries with significant populations of Iraqi refugees.
Sec. 1247. Motion to reopen denial or termination of asylum.
Sec. 1248. Reports.
Sec. 1249. Authorization of appropriations.
Subtitle D--Other Authorities and Limitations
Sec. 1251. Cooperative opportunities documents under cooperative
research and development agreements with NATO organizations
and other allied and friendly foreign countries.
Sec. 1252. Extension and expansion of temporary authority to use
acquisition and cross-servicing agreements to lend military
equipment for personnel protection and survivability.
Sec. 1253. Acceptance of funds from the Government of Palau for costs of
United States military Civic Action Team in Palau.
Sec. 1254. Repeal of requirement relating to North Korea.
Sec. 1255. Justice for Osama bin Laden and other leaders of al Qaeda.
Sec. 1256. Extension of Counterproliferation Program Review Committee.
Sec. 1257. Sense of Congress on the Western Hemisphere Institute for
Security Cooperation.
Sec. 1258. Sense of Congress on Iran.
Subtitle E--Reports
Sec. 1261. One-year extension of update on report on claims relating to
the bombing of the Labelle Discotheque.
Sec. 1262. Report on United States policy toward Darfur, Sudan.
Sec. 1263. Inclusion of information on asymmetric capabilities in annual
report on military power of the People's Republic of China.
Sec. 1264. Report on application of the Uniform Code of Military Justice
to civilians accompanying the Armed Forces during a time of
declared war or contingency operation.
Sec. 1265. Report on family reunions between United States citizens and
their relatives in North Korea.
Sec. 1266. Reports on prevention of mass atrocities.
Sec. 1267. Report on threats to the United States from ungoverned areas.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Specification of Cooperative Threat Reduction programs in
states outside the former Soviet Union.
Sec. 1304. Repeal of restrictions on assistance to states of the former
Soviet Union for Cooperative Threat Reduction.
Sec. 1305. Modification of authority to use Cooperative Threat Reduction
funds outside the former Soviet Union.
Sec. 1306. New initiatives for the Cooperative Threat Reduction Program.
Sec. 1307. Report relating to chemical weapons destruction at
Shchuch'ye, Russia.
Sec. 1308. National Academy of Sciences study of prevention of
proliferation of biological weapons.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Defense Health Program.
Sec. 1404. Chemical agents and munitions destruction, Defense.
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1406. Defense Inspector General.
Subtitle B--National Defense Stockpile
Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revisions to required receipt objectives for previously
authorized disposals from the National Defense Stockpile.
Sec. 1413. Disposal of ferromanganese.
Sec. 1414. Disposal of chrome metal.
Subtitle C--Armed Forces Retirement Home
Sec. 1421. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1422. Administration and oversight of the Armed Forces Retirement
Home.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION IRAQI
FREEDOM AND OPERATION ENDURING FREEDOM
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Air Force procurement.
Sec. 1505. Joint Improvised Explosive Device Defeat Fund.
Sec. 1506. Defense-wide activities procurement.
Sec. 1507. Research, development, test, and evaluation.
Sec. 1508. Operation and maintenance.
Sec. 1509. Working capital funds.
Sec. 1510. Other Department of Defense programs.
Sec. 1511. Iraq Freedom Fund.
Sec. 1512. Iraq Security Forces Fund.
Sec. 1513. Afghanistan Security Forces Fund.
Sec. 1514. Military personnel.
Sec. 1515. Strategic Readiness Fund.
Sec. 1516. Treatment as additional authorizations.
Sec. 1517. Special transfer authority.
TITLE XVI--WOUNDED WARRIOR MATTERS
Sec. 1601. Short title.
Sec. 1602. General definitions.
Sec. 1603. Consideration of gender-specific needs of recovering service
members and veterans.
Subtitle A--Policy on Improvements to Care, Management, and Transition
of Recovering Service Members
Sec. 1611. Comprehensive policy on improvements to care, management, and
transition of recovering service members.
Sec. 1612. Medical evaluations and physical disability evaluations of
recovering service members.
Sec. 1613. Return of recovering service members to active duty in the
Armed Forces.
Sec. 1614. Transition of recovering service members from care and
treatment through the Department of Defense to care,
treatment, and rehabilitation through the Department of
Veterans Affairs.
Sec. 1615. Reports.
Sec. 1616. Establishment of a wounded warrior resource center.
Sec. 1617. Notification to Congress of hospitalization of combat wounded
service members.
Sec. 1618. Comprehensive plan on prevention, diagnosis, mitigation,
treatment, and rehabilitation of, and research on, traumatic
brain injury, post-traumatic stress disorder, and other mental
health conditions in members of the Armed Forces.
Subtitle B--Centers of Excellence in the Prevention, Diagnosis,
Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury,
Post-Traumatic Stress Disorder, and Eye Injuries
Sec. 1621. Center of excellence in the prevention, diagnosis,
mitigation, treatment, and rehabilitation of traumatic brain
injury.
Sec. 1622. Center of excellence in prevention, diagnosis, mitigation,
treatment, and rehabilitation of post-traumatic stress
disorder and other mental health conditions.
Sec. 1623. Center of excellence in prevention, diagnosis, mitigation,
treatment, and rehabilitation of military eye injuries.
Sec. 1624. Report on establishment of centers of excellence.
Subtitle C--Health Care Matters
Sec. 1631. Medical care and other benefits for members and former
members of the Armed Forces with severe injuries or illnesses.
Sec. 1632. Reimbursement of travel expenses of retired members with
combat-related disabilities for follow-on specialty care,
services, and supplies.
Sec. 1633. Respite care and other extended care benefits for members of
the uniformed services who incur a serious injury or illness
on active duty.
Sec. 1634. Reports.
Sec. 1635. Fully interoperable electronic personal health information
for the Department of Defense and Department of Veterans
Affairs.
Sec. 1636. Enhanced personnel authorities for the Department of Defense
for health care professionals for care and treatment of
wounded and injured members of the Armed Forces.
Sec. 1637. Continuation of transitional health benefits for members of
the Armed Forces pending resolution of service-related medical
conditions.
Subtitle D--Disability Matters
Sec. 1641. Utilization of veterans' presumption of sound condition in
establishing eligibility of members of the Armed Forces for
retirement for disability.
Sec. 1642. Requirements and limitations on Department of Defense
determinations of disability with respect to members of the
Armed Forces.
Sec. 1643. Review of separation of members of the Armed Forces separated
from service with a disability rating of 20 percent disabled
or less.
Sec. 1644. Authorization of pilot programs to improve the disability
evaluation system for members of the Armed Forces.
Sec. 1645. Reports on Army action plan in response to deficiencies in
the Army physical disability evaluation system.
Sec. 1646. Enhancement of disability severance pay for members of the
Armed Forces.
Sec. 1647. Assessments of continuing utility and future role of
temporary disability retired list.
Sec. 1648. Standards for military medical treatment facilities,
specialty medical care facilities, and military quarters
housing patients and annual report on such facilities.
Sec. 1649. Reports on Army Medical Action Plan in response to
deficiencies identified at Walter Reed Army Medical Center,
District of Columbia.
Sec. 1650. Required certifications in connection with closure of Walter
Reed Army Medical Center, District of Columbia.
Sec. 1651. Handbook for members of the Armed Forces on compensation and
benefits available for serious injuries and illnesses.
Subtitle E--Studies and Reports
Sec. 1661. Study on physical and mental health and other readjustment
needs of members and former members of the Armed Forces who
deployed in Operation Iraqi Freedom and Operation Enduring
Freedom and their families.
Sec. 1662. Access of recovering service members to adequate outpatient
residential facilities.
Sec. 1663. Study and report on support services for families of
recovering service members.
Sec. 1664. Report on traumatic brain injury classifications.
Sec. 1665. Evaluation of the Polytrauma Liaison Officer/Non-Commissioned
Officer program.
Subtitle F--Other Matters
Sec. 1671. Prohibition on transfer of resources from medical care.
Sec. 1672. Medical care for families of members of the Armed Forces
recovering from serious injuries or illnesses.
Sec. 1673. Improvement of medical tracking system for members of the
Armed Forces deployed overseas.
Sec. 1674. Guaranteed funding for Walter Reed Army Medical Center,
District of Columbia.
Sec. 1675. Use of leave transfer program by wounded veterans who are
Federal employees.
Sec. 1676. Moratorium on conversion to contractor performance of
Department of Defense functions at military medical
facilities.
TITLE XVII--VETERANS MATTERS
Sec. 1701. Sense of Congress on Department of Veterans Affairs efforts
in the rehabilitation and reintegration of veterans with
traumatic brain injury.
Sec. 1702. Individual rehabilitation and community reintegration plans
for veterans and others with traumatic brain injury.
Sec. 1703. Use of non-Department of Veterans Affairs facilities for
implementation of rehabilitation and community reintegration
plans for traumatic brain injury.
Sec. 1704. Research, education, and clinical care program on traumatic
brain injury.
Sec. 1705. Pilot program on assisted living services for veterans with
traumatic brain injury.
Sec. 1706. Provision of age-appropriate nursing home care.
Sec. 1707. Extension of period of eligibility for health care for
veterans of combat service during certain periods of
hostilities and war.
Sec. 1708. Service-connection and assessments for mental health
conditions in veterans.
Sec. 1709. Modification of requirements for furnishing outpatient dental
services to veterans with service-connected dental conditions
or disabilities.
Sec. 1710. Clarification of purpose of outreach services program of
Department of Veterans Affairs.
Sec. 1711. Designation of fiduciary or trustee for purposes of Traumatic
Servicemembers' Group Life Insurance.
TITLE XVIII--NATIONAL GUARD BUREAU MATTERS AND RELATED MATTERS
Sec. 1801. Short title.
Subtitle A--National Guard Bureau
Sec. 1811. Appointment, grade, duties, and retirement of the Chief of
the National Guard Bureau.
Sec. 1812. Establishment of National Guard Bureau as joint activity of
the Department of Defense.
Sec. 1813. Enhancement of functions of the National Guard Bureau.
Sec. 1814. Requirement for Secretary of Defense to prepare plan for
response to natural disasters and terrorist events.
Sec. 1815. Determination of Department of Defense civil support
requirements.
Subtitle B--Additional Reserve Component Enhancement
Sec. 1821. United States Northern Command.
Sec. 1822. Council of Governors.
Sec. 1823. Plan for Reserve Forces Policy Board.
Sec. 1824. High-level positions authorized or required to be held by
reserve component general or flag officers.
Sec. 1825. Retirement age and years of service limitations on certain
reserve general and flag officers.
Sec. 1826. Additional reporting requirements relating to National Guard
equipment.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Termination of authority to carry out fiscal year 2007 Army
projects for which funds were not appropriated.
Sec. 2106. Technical amendments to Military Construction Authorization
Act for Fiscal Year 2007.
Sec. 2107. Modification of authority to carry out certain fiscal year
2006 projects.
Sec. 2108. Extension of authorizations of certain fiscal year 2005
projects.
Sec. 2109. Ground lease, SOUTHCOM headquarters facility, Miami-Doral,
Florida.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Termination of authority to carry out fiscal year 2007 Navy
projects for which funds were not appropriated.
Sec. 2206. Modification of authority to carry out certain fiscal year
2005 projects.
Sec. 2207. Repeal of authorization for construction of Navy Outlying
Landing Field, Washington County, North Carolina.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Termination of authority to carry out fiscal year 2007 Air
Force projects for which funds were not appropriated.
Sec. 2306. Modification of authority to carry out certain fiscal year
2006 projects.
Sec. 2307. Extension of authorizations of certain fiscal year 2005
projects.
Sec. 2308. Extension of authorizations of certain fiscal year 2004
projects.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Termination or modification of authority to carry out certain
fiscal year 2007 Defense Agencies projects.
Sec. 2405. Munitions demilitarization facilities, Blue Grass Army Depot,
Kentucky, and Pueblo Chemical Activity, Colorado.
Sec. 2406. Extension of authorizations of certain fiscal year 2005
projects.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Termination of authority to carry out fiscal year 2007 Guard
and Reserve projects for which funds were not appropriated.
Sec. 2608. Modification of authority to carry out fiscal year 2006 Air
Force Reserve construction and acquisition projects.
Sec. 2609. Extension of authorizations of certain fiscal year 2005
projects.
Sec. 2610. Extension of authorizations of certain fiscal year 2004
projects.
TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES
Sec. 2701. Authorization of appropriations for base closure and
realignment activities funded through Department of Defense
Base Closure Account 1990.
Sec. 2702. Authorized base closure and realignment activities funded
through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base closure and
realignment activities funded through Department of Defense
Base Closure Account 2005.
Sec. 2704. Authorized cost and scope of work variations for military
construction and military family housing projects related to
base closures and realignments.
Sec. 2705. Transfer of funds from Department of Defense Base Closure
Account 2005 to Department of Defense Housing Funds.
Sec. 2706. Comprehensive accounting of funding required to ensure timely
implementation of 2005 Defense Base Closure and Realignment
Commission recommendations.
Sec. 2707. Relocation of units from Roberts United States Army Reserve
Center and Navy-Marine Corps Reserve Center, Baton Rouge,
Louisiana.
Sec. 2708. Acquisition of real property, Fort Belvoir, Virginia, as part
of the realignment of the installation.
Sec. 2709. Report on availability of traffic infrastructure and
facilities to support base realignment.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Authority to use operation and maintenance funds for
construction projects outside the United States.
Sec. 2802. Clarification of requirement for authorization of military
construction.
Sec. 2803. Increase in thresholds for unspecified minor military
construction projects.
Sec. 2804. Temporary authority to support revitalization of Department
of Defense laboratories through unspecified minor military
construction projects.
Sec. 2805. Extension of authority to accept equalization payments for
facility exchanges.
Sec. 2806. Modifications of authority to lease military family housing.
Sec. 2807. Expansion of authority to exchange reserve component
facilities.
Sec. 2808. Limitation on use of alternative authority for acquisition
and improvement of military housing for privatization of
temporary lodging facilities.
Sec. 2809. Two-year extension of temporary program to use minor military
construction authority for construction of child development
centers.
Sec. 2810. Report on housing privatization initiatives.
Subtitle B--Real Property and Facilities Administration
Sec. 2821. Requirement to report real property transactions resulting in
annual costs of more than $750,000.
Sec. 2822. Continued consolidation of real property provisions without
substantive change.
Sec. 2823. Modification of authority to lease non-excess property of the
military departments.
Sec. 2824. Cooperative agreement authority for management of cultural
resources on certain sites outside military installations.
Sec. 2825. Agreements to limit encroachments and other constraints on
military training, testing, and operations.
Sec. 2826. Expansion to all military departments of Army pilot program
for purchase of certain municipal services for military
installations.
Sec. 2827. Prohibition on commercial flights into Selfridge Air National
Guard Base.
Sec. 2828. Sense of Congress on Department of Defense actions to protect
installations, ranges, and military airspace from
encroachment.
Sec. 2829. Reports on Army and Marine Corps operational ranges.
Sec. 2830. Niagara Air Reserve Base, New York, basing report.
Sec. 2831. Report on the Pinon Canyon Maneuver Site, Colorado.
Subtitle C--Land Conveyances
Sec. 2841. Modification of conveyance authority, Marine Corps Base, Camp
Pendleton, California.
Sec. 2842. Grant of easement, Eglin Air Force Base, Florida.
Sec. 2843. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida.
Sec. 2844. Modification of lease of property, National Flight Academy at
the National Museum of Naval Aviation, Naval Air Station,
Pensacola, Florida.
Sec. 2845. Land exchange, Detroit, Michigan.
Sec. 2846. Transfer of jurisdiction, former Nike missile site, Grosse
Ile, Michigan.
Sec. 2847. Modification to land conveyance authority, Fort Bragg, North
Carolina.
Sec. 2848. Land conveyance, Lewis and Clark United States Army Reserve
Center, Bismarck, North Dakota.
Sec. 2849. Land exchange, Fort Hood, Texas.
Subtitle D--Energy Security
Sec. 2861. Repeal of congressional notification requirement regarding
cancellation ceiling for Department of Defense energy savings
performance contracts.
Sec. 2862. Definition of alternative fueled vehicle.
Sec. 2863. Use of energy efficient lighting fixtures and bulbs in
Department of Defense facilities.
Sec. 2864. Reporting requirements relating to renewable energy use by
Department of Defense to meet Department electricity needs.
Subtitle E--Other Matters
Sec. 2871. Revised deadline for transfer of Arlington Naval Annex to
Arlington National Cemetery.
Sec. 2872. Transfer of jurisdiction over Air Force Memorial to
Department of the Air Force.
Sec. 2873. Report on plans to replace the monument at the Tomb of the
Unknowns at Arlington National Cemetery, Virginia.
Sec. 2874. Increased authority for repair, restoration, and preservation
of Lafayette Escadrille Memorial, Marnes-la-Coquette, France.
Sec. 2875. Addition of Woonsocket local protection project.
Sec. 2876. Repeal of moratorium on improvements at Fort Buchanan, Puerto
Rico.
Sec. 2877. Establishment of national military working dog teams monument
on suitable military installation.
Sec. 2878. Report required prior to removal of missiles from 564th
Missile Squadron.
Sec. 2879. Report on condition of schools under jurisdiction of
Department of Defense Education Activity.
Sec. 2880. Report on facilities and operations of Darnall Army Medical
Center, Fort Hood Military Reservation, Texas.
Sec. 2881. Report on feasibility of establishing a regional disaster
response center at Kelly Air Field, San Antonio, Texas.
Sec. 2882. Naming of housing facility at Fort Carson, Colorado, in honor
of the Honorable Joel Hefley, a former member of the United
States House of Representatives.
Sec. 2883. Naming of Navy and Marine Corps Reserve Center at Rock
Island, Illinois, in honor of the Honorable Lane Evans, a
former member of the United States House of Representatives.
Sec. 2884. Naming of research laboratory at Air Force Rome Research
Site, Rome, New York, in honor of the Honorable Sherwood L.
Boehlert, a former member of the United States House of
Representatives.
Sec. 2885. Naming of administration building at Joint Systems
Manufacturing Center, Lima, Ohio, in honor of the Honorable
Michael G. Oxley, a former member of the United States House
of Representatives.
Sec. 2886. Naming of Logistics Automation Training Facility, Army
Quartermaster Center and School, Fort Lee, Virginia, in honor
of General Richard H. Thompson.
Sec. 2887. Authority to relocate Joint Spectrum Center to Fort Meade,
Maryland.
TITLE XXIX--WAR-RELATED AND EMERGENCY MILITARY CONSTRUCTION
AUTHORIZATIONS
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition
projects.
Sec. 2904. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2905. Authorized base closure and realignment activities funded
through Department of Defense Base Closure Account 2005 and
related authorization of appropriations.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Energy security and assurance.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Reliable Replacement Warhead program.
Sec. 3112. Nuclear test readiness.
Sec. 3113. Modification of reporting requirement.
Sec. 3114. Limitation on availability of funds for Fissile Materials
Disposition program.
Sec. 3115. Modification of limitations on availability of funds for
Waste Treatment and Immobilization Plant.
Sec. 3116. Modification of sunset date of the Office of the Ombudsman of
the Energy Employees Occupational Illness Compensation
Program.
Sec. 3117. Technical amendments.
Subtitle C--Other Matters
Sec. 3121. Study on using existing pits for the Reliable Replacement
Warhead program.
Sec. 3122. Report on retirement and dismantlement of nuclear warheads.
Sec. 3123. Plan for addressing security risks posed to nuclear weapons
complex.
Sec. 3124. Department of Energy protective forces.
Sec. 3125. Evaluation of National Nuclear Security Administration
strategic plan for advanced computing.
Sec. 3126. Sense of Congress on the nuclear nonproliferation policy of
the United States and the Reliable Replacement Warhead
program.
Sec. 3127. Department of Energy report on plan to strengthen and expand
International Radiological Threat Reduction program.
Sec. 3128. Department of Energy report on plan to strengthen and expand
Materials Protection, Control, and Accounting program.
Sec. 3129. Agreements and reports on nuclear forensics capabilities.
Sec. 3130. Report on status of environmental management initiatives to
accelerate the reduction of environmental risks and challenges
posed by the legacy of the Cold War.
Subtitle D--Nuclear Terrorism Prevention
Sec. 3131. Definitions.
Sec. 3132. Sense of Congress on the prevention of nuclear terrorism.
Sec. 3133. Minimum security standard for nuclear weapons and formula
quantities of strategic special nuclear material.
Sec. 3134. Annual report.
TITLE XXXII--WAR-RELATED NATIONAL NUCLEAR SECURITY ADMINISTRATION
AUTHORIZATIONS
Sec. 3201. Additional war-related authorization of appropriations for
National Nuclear Security Administration.
TITLE XXXIII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3301. Authorization.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Remedial action at Moab uranium milling site.
TITLE XXXV--MARITIME ADMINISTRATION
Subtitle A--Maritime Administration Reauthorization
Sec. 3501. Authorization of appropriations for fiscal year 2008.
Sec. 3502. Temporary authority to transfer obsolete combatant vessels to
Navy for disposal.
Sec. 3503. Vessel disposal program.
Subtitle B--Programs
Sec. 3511. Commercial vessel chartering authority.
Sec. 3512. Maritime Administration vessel chartering authority.
Sec. 3513. Chartering to State and local governmental instrumentalities.
Sec. 3514. Disposal of obsolete Government vessels.
Sec. 3515. Vessel transfer authority.
Sec. 3516. Sea trials for Ready Reserve Force.
Sec. 3517. Review of applications for loans and guarantees.
Subtitle C--Technical Corrections
Sec. 3521. Personal injury to or death of seamen.
Sec. 3522. Amendments to Chapter 537 based on Public Law 109-163.
Sec. 3523. Additional amendments based on Public Law 109-163.
Sec. 3524. Amendments based on Public Law 109-171.
Sec. 3525. Amendments based on Public Law 109-241.
Sec. 3526. Amendments based on Public Law 109-364.
Sec. 3527. Miscellaneous amendments.
Sec. 3528. Application of sunset provision to codified provision.
Sec. 3529. Additional technical corrections.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term ``congressional defense
committees'' has the meaning given that term in section
101(a)(16) of title 10, United States Code.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. National Guard and Reserve equipment.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for M1A2 Abrams System
Enhancement Package upgrades.
Sec. 112. Multiyear procurement authority for M2A3/M3A3 Bradley fighting
vehicle upgrades.
Sec. 113. Multiyear procurement authority for conversion of CH-47D
helicopters to CH-47F configuration.
Sec. 114. Multiyear procurement authority for CH-47F helicopters.
Sec. 115. Limitation on use of funds for Increment 1 of the Warfighter
Information Network-Tactical program pending certification to
Congress.
Sec. 116. Prohibition on closure of Army Tactical Missile System
production line pending report.
Sec. 117. Stryker Mobile Gun System.
Subtitle C--Navy Programs
Sec. 121. Multiyear procurement authority for Virginia-class submarine
program.
Sec. 122. Report on shipbuilding investment strategy.
Sec. 123. Sense of Congress on the preservation of a skilled United
States shipyard workforce.
Sec. 124. Assessments required prior to start of construction on first
ship of a shipbuilding program.
Sec. 125. Littoral Combat Ship (LCS) program.
Subtitle D--Air Force Programs
Sec. 131. Limitation on Joint Cargo Aircraft.
Sec. 132. Clarification of limitation on retirement of U-2 aircraft.
Sec. 133. Repeal of requirement to maintain retired C-130E tactical
aircraft.
Sec. 134. Limitation on retirement of C-130E/H tactical airlift
aircraft.
Sec. 135. Limitation on retirement of KC-135E aerial refueling aircraft.
Sec. 136. Transfer to Government of Iraq of three C-130E tactical
airlift aircraft.
Sec. 137. Modification of limitations on retirement of B-52 bomber
aircraft.
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for procurement for the Army as follows:
(1) For aircraft, $4,168,798,000.
(2) For missiles, $1,911,979,000.
(3) For weapons and tracked combat vehicles,
$3,007,489,000.
(4) For ammunition, $2,214,576,000.
(5) For other procurement, $12,451,312,000.
(6) For the Joint Improvised Explosive Device
Defeat Fund, $228,000,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2008 for procurement for the Navy as follows:
(1) For aircraft, $12,432,644,000.
(2) For weapons, including missiles and torpedoes,
$3,068,187,000.
(3) For shipbuilding and conversion,
$13,596,120,000.
(4) For other procurement, $5,209,330,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2008 for procurement for the
Marine Corps in the amount of $2,299,419,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for fiscal year 2008 for
procurement of ammunition for the Navy and the Marine Corps in
the amount of $1,058,832,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for procurement for the Air Force as follows:
(1) For aircraft, $12,117,800,000.
(2) For ammunition, $854,167,000.
(3) For missiles, $4,984,102,000.
(4) For other procurement, $15,405,832,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for Defense-wide procurement in the amount of
$3,280,435,000.
SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for the procurement of aircraft, missiles, wheeled
and tracked combat vehicles, tactical wheeled vehicles,
ammunition, other weapons, and other procurement for the
reserve components of the Armed Forces in the amount of
$980,000,000.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR M1A2 ABRAMS SYSTEM
ENHANCEMENT PACKAGE UPGRADES.
The Secretary of the Army, in accordance with section 2306b
of title 10, United States Code, may enter into a multiyear
contract, beginning with the fiscal year 2008 program year, for
procurement of M1A2 Abrams System Enhancement Package upgrades.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR M2A3/M3A3 BRADLEY
FIGHTING VEHICLE UPGRADES.
The Secretary of the Army, in accordance with section 2306b
of title 10, United States Code, may enter into a multiyear
contract, beginning with the fiscal year 2008 program year, for
procurement of M2A3/M3A3 Bradley fighting vehicle upgrades.
SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR CONVERSION OF CH-47D
HELICOPTERS TO CH-47F CONFIGURATION.
The Secretary of the Army may, in accordance with section
2306b of title 10, United States Code, enter into a multiyear
contract, beginning with the fiscal year 2008 program year, for
conversion of CH-47D helicopters to the CH-47F configuration.
SEC. 114. MULTIYEAR PROCUREMENT AUTHORITY FOR CH-47F HELICOPTERS.
The Secretary of the Army may, in accordance with section
2306b of title 10, United States Code, enter into a multiyear
contract, beginning with the fiscal year 2008 program year, for
procurement of CH-47F helicopters.
SEC. 115. LIMITATION ON USE OF FUNDS FOR INCREMENT 1 OF THE WARFIGHTER
INFORMATION NETWORK-TACTICAL PROGRAM PENDING
CERTIFICATION TO CONGRESS.
(a) Funding Restricted.--Of the amounts appropriated
pursuant to an authorization of appropriations for fiscal year
2008 or otherwise made available for Other Procurement, Army,
that are available for Increment 1 of the Warfighter
Information Network-Tactical program, not more than 50 percent
may be obligated or expended until the Director of Operational
Test and Evaluation submits to the congressional defense
committees a certification, in writing, that the Director of
Operational Test and Evaluation has approved a Test and
Evaluation Master Plan and Initial Operational Test Plan for
Increment 1 of the Warfighter Information Network-Tactical
program.
(b) Increment 1 Defined.--For the purposes of this section,
Increment 1 of the Warfighter Information Network-Tactical
program includes all program elements described as constituting
``Increment 1'' in the memorandum titled ``Warfighter
Information Network-Tactical (WIN-T) Program Acquisition
Decision Memorandum'', dated June 5, 2007, and signed by the
Under Secretary of Defense for Acquisition, Technology, and
Logistics.
SEC. 116. PROHIBITION ON CLOSURE OF ARMY TACTICAL MISSILE SYSTEM
PRODUCTION LINE PENDING REPORT.
(a) Prohibition.--Amounts appropriated pursuant to the
authorization of appropriations in section 101(2) for missiles,
Army, and in section 1502(4) for missile procurement, Army, and
any other appropriated funds available to the Secretary of the
Army may not be used to close the production line for the Army
Tactical Missile System program until after the date on which
the Secretary of the Army submits to the congressional defense
committees a report that contains--
(1) the certification of the Secretary that the
long range surface-to-surface strike and counter
battery mission of the Army can be adequately performed
by other Army weapons systems or by other elements of
the Armed Forces; and
(2) a plan to mitigate any shortfalls in the
industrial base that would be created by the closure of
the production line.
(b) Submission of Report.--The report referred to in
subsection (a) is required not later than April 1, 2008.
SEC. 117. STRYKER MOBILE GUN SYSTEM.
(a) Limitation on Availability of Funds.--None of the
amounts authorized to be appropriated by sections 101(3) and
1501(3) for procurement of weapons and tracked combat vehicles
for the Army may be obligated or expended for purposes of the
procurement of the Stryker Mobile Gun System until 30 days
after the date on which the Secretary of the Army certifies to
Congress that the Stryker Mobile Gun System is operationally
effective, suitable, and survivable for its anticipated
deployment missions.
(b) Waiver.--The Secretary of Defense may waive the
limitation in subsection (a) if the Secretary--
(1) determines that further procurement of the
Stryker Mobile Gun System utilizing amounts referred to
in subsection (a) is in the national security interest
of the United States notwithstanding the inability of
the Secretary of the Army to make the certification
required by that subsection; and
(2) submits to the Congress, in writing, a
notification of the waiver together with a discussion
of--
(A) the reasons for the determination
described in paragraph (1); and
(B) the actions that will be taken to
mitigate any deficiencies that cause the
Stryker Mobile Gun System not to be
operationally effective, suitable, or
survivable, as that case may be, as described
in subsection (a).
Subtitle C--Navy Programs
SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA-CLASS SUBMARINE
PROGRAM.
(a) Authority.--The Secretary of the Navy may, in
accordance with section 2306b of title 10, United States Code,
enter into multiyear contracts, beginning with the fiscal year
2009 program year, for the procurement of Virginia-class
submarines and Government-furnished equipment associated with
the Virginia-class submarine program.
(b) Limitation.--The Secretary may not enter into a
contract authorized by subsection (a) until--
(1) the Secretary submits to the congressional
defense committees a certification that the Secretary
has made, with respect to that contract, each of the
findings required by subsection (a) of section 2306b of
title 10, United States Code; and
(2) a period of 30 days has elapsed after the date
of the transmission of such certification.
SEC. 122. REPORT ON SHIPBUILDING INVESTMENT STRATEGY.
(a) Study Required.--The Secretary of the Navy shall
provide for a study to determine the effectiveness of current
financing mechanisms for providing incentives for contractors
to make shipbuilding capital expenditures, and to assess
potential capital expenditure incentives that would lead to
ship construction or life-cycle cost savings to the Federal
Government. The study shall examine--
(1) potential improvements in design tools and
techniques, material management, technology insertion,
systems integration and testing, and other key
processes and functions that would lead to reduced
construction costs;
(2) construction process improvements that would
reduce procurement and life-cycle costs of the vessels
under construction at the contractor's facilities; and
(3) incentives for investment in shipyard
infrastructure that support construction process
improvements.
(b) Report.--Not later than October 1, 2008, the Secretary
of the Navy shall submit to the congressional defense
committees a report providing the results of the study under
subsection (a). The report shall include each of the following:
(1) An assessment of the shipbuilding industrial
base, as measured by a ten-year history for major
shipbuilders with respect to--
(A) estimated value of shipbuilding
facilities;
(B) critical shipbuilding capabilities;
(C) capital expenditures;
(D) major investments in process
improvements; and
(E) costs for related Navy shipbuilding
projects.
(2) A description of mechanisms available to the
government and industry to finance facilities and
process improvements, including--
(A) contract incentive and award fees;
(B) facilities capital cost of money;
(C) facilities depreciation;
(D) progress payment provisions;
(E) other contract terms and conditions;
(F) State and Federal tax provisions and
tax incentives;
(G) the National Shipbuilding Research
Program; and
(H) any other mechanisms available.
(3) A summary of potential shipbuilding investments
that offer greatest reduction to shipbuilding costs,
including, for each such investment--
(A) a project description;
(B) an estimate of required investment;
(C) the estimated return on investment; and
(D) alternatives for financing the
investment.
(4) The Navy's strategy for providing incentives
for contractors' capital expenditures that would lead
to ship construction or life-cycle savings to the
Federal Government, including identification of any
specific changes in legislative authority that would be
required for the Secretary to execute this strategy.
(c) Utilization of Other Studies and Outside Experts.--The
study shall build upon the results of the 2005 and 2006 Global
Shipbuilding Industrial Base Benchmarking studies. Financial
analysis associated with the report shall be conducted in
consultation with financial experts independent of the
Department of Defense.
SEC. 123. SENSE OF CONGRESS ON THE PRESERVATION OF A SKILLED UNITED
STATES SHIPYARD WORKFORCE.
(a) Sense of Congress.--It is the sense of Congress that
the preservation of a robust domestic skilled workforce is
required for the national shipbuilding infrastructure and
particularly essential to the construction of ships for the
United States Navy.
(b) Study Required.--
(1) In general.--The Secretary of the Navy shall
determine, on a one-time, non-recurring basis, and in
consultation with the Department of Labor, the average
number of H2B visa workers employed by the major
shipbuilders in the construction of United States Navy
ships during the calendar year ending December 31,
2007. The study shall also identify the number of
workers petitioned by the major shipbuilders for use in
calendar year 2008, as of the first quarter of calendar
year 2008.
(2) Report.--Not later than April 1, 2008, the
Secretary of the Navy shall submit to the congressional
defense committees a report containing the results of
the study required by subsection (b).
(3) Definitions.--In this paragraph--
(A) the term ``major shipbuilder'' means a
prime contractor or a first-tier subcontractor
responsible for delivery of combatant and
support vessels required for the naval vessel
force, as reported within the annual naval
vessel construction plan required by section
231 of title 10, United States Code; and
(B) the term ``H2B visa'' means a non-
immigrant visa program that permits employers
to hire foreign workers to come temporarily to
the United States and perform temporary non-
agricultural services or labor on a one-time,
seasonal, peakload, or intermittent basis.
SEC. 124. ASSESSMENTS REQUIRED PRIOR TO START OF CONSTRUCTION ON FIRST
SHIP OF A SHIPBUILDING PROGRAM.
(a) In General.--Concurrent with approving the start of
construction of the first ship for any major shipbuilding
program, the Secretary of the Navy shall--
(1) submit a report to the congressional defense
committees on the results of any production readiness
review; and
(2) certify to the congressional defense committees
that the findings of any such review support
commencement of construction.
(b) Report.--The report required by subsection (a)(1) shall
include, at a minimum, an assessment of each of the following:
(1) The maturity of the ship's design, as measured
by stability of the ship contract specifications and
the degree of completion of detail design and
production design drawings.
(2) The maturity of developmental command and
control systems, weapon and sensor systems, and hull,
mechanical and electrical systems.
(3) The readiness of the shipyard facilities and
workforce to begin construction.
(4) The Navy's estimated cost at completion and the
adequacy of the budget to support the estimate.
(5) The Navy's estimated delivery date and
description of any variance to the contract delivery
date.
(6) The extent to which adequate processes and
metrics are in place to measure and manage program
risks.
(c) Applicability.--This section applies to each major
shipbuilding program beginning after the date of the enactment
of this Act.
(d) Definitions.--For the purposes of subsection (a):
(1) Start of construction.--The term ``start of
construction'' means the beginning of fabrication of
the hull and superstructure of the ship.
(2) First ship.--The term ``first ship'' applies to
a ship if--
(A) the ship is the first ship to be
constructed under that shipbuilding program; or
(B) the shipyard at which the ship is to be
constructed has not previously started
construction on a ship under that shipbuilding
program.
(3) Major shipbuilding program.--The term ``major
shipbuilding program'' means a program for the
construction of combatant and support vessels required
for the naval vessel force, as reported within the
annual naval vessel construction plan required by
section 231 of title 10, United States Code.
(4) Production readiness review.--The term
``production readiness review'' means a formal
examination of a program prior to the start of
construction to determine if the design is ready for
production, production engineering problems have been
resolved, and the producer has accomplished adequate
planning for the production phase.
SEC. 125. LITTORAL COMBAT SHIP (LCS) PROGRAM.
Section 124 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3157) is
amended by striking subsections (a), (b), (c), and (d) and
inserting the following:
``(a) Limitation of Costs.--
``(1) In general.--The total amount obligated or
expended for the procurement costs of post-2007 LCS
vessels shall not exceed $460,000,000 per vessel.
``(2) Procurement costs.--For purposes of this
section, procurement costs shall include all costs for
plans, basic construction, change orders, electronics,
ordnance, contractor support, and other costs
associated with completion of production drawings, ship
construction, test, and delivery, including work
performed post-delivery that is required to meet
original contract requirements.
``(3) Post-2007 lcs vessels.--For purposes of this
section, the term `post-2007 LCS vessel' means a vessel
in the Littoral Combat Ship (LCS) class of vessels, the
procurement of which is funded from amounts
appropriated pursuant to an authorization of
appropriations or otherwise made available for fiscal
year 2008 or any fiscal year thereafter.
``(b) Contract Type.--The Secretary of the Navy shall
employ a fixed-price type contract for construction of post-
2007 LCS vessels.
``(c) Limitation of Government Liability.--The Secretary of
the Navy shall not enter into a contract, or modify a contract,
for construction or final delivery of post-2007 LCS vessels if
the limitation of the Government's cost liability, when added
to the sum of other budgeted procurement costs, would exceed
$460,000,000 per vessel.
``(d) Adjustment of Limitation Amount.--The Secretary of
the Navy may adjust the amount set forth in subsections (a)(1)
and (c) for vessels referred to in such subsections by the
following:
``(1) The amounts of increases or decreases in
costs attributable to compliance with changes in
Federal, State, or local laws enacted after September
30, 2007.
``(2) The amounts of outfitting costs and costs
required to complete post-delivery test and trials.''.
Subtitle D--Air Force Programs
SEC. 131. LIMITATION ON JOINT CARGO AIRCRAFT.
No funds appropriated pursuant to an authorization of
appropriations or otherwise made available for procurement, or
for research, development, test, and evaluation, may be
obligated or expended for the Joint Cargo Aircraft until 30
days after the Secretary of Defense submits to the
congressional defense committees each of the following:
(1) The Air Force Air Mobility Command's Airlift
Mobility Roadmap.
(2) The Department of Defense Intra-Theater Airlift
Capabilities Study.
(3) The Department of Defense Joint Intra-Theater
Distribution Assessment.
(4) The Joint Cargo Aircraft Functional Area Series
Analysis.
(5) The Joint Cargo Aircraft Analysis of
Alternatives.
(6) The Joint Intra-theater Airlift Fleet Mix
Analysis.
(7) The Secretary's certification that--
(A) there is, within the Department of the
Army, Department of the Air Force, Army
National Guard, or Air National Guard, a
capability gap or shortfall with respect to
intra-theater airlift; and
(B) validated requirements exist to fill
that gap or shortfall through procurement of
the Joint Cargo Aircraft.
SEC. 132. CLARIFICATION OF LIMITATION ON RETIREMENT OF U-2 AIRCRAFT.
Section 133(b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2112) is amended--
(1) in paragraph (1)--
(A) by striking ``After fiscal year 2007''
and inserting ``For each fiscal year after
fiscal year 2007''; and
(B) by inserting after ``Secretary of
Defense'' the following: ``, in that fiscal
year,''; and
(2) in paragraph (2)--
(A) by inserting after ``Department of
Defense'' the following: ``in a fiscal year'';
and
(B) by inserting after ``Congress'' the
following: ``in that fiscal year''.
SEC. 133. REPEAL OF REQUIREMENT TO MAINTAIN RETIRED C-130E TACTICAL
AIRCRAFT.
(a) In General.--Effective as of the date specified in
subsection (b), section 137(b) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 120 Stat. 2114) is repealed.
(b) Specified Date.--The date specified in this subsection
is the date that is 30 days after the date on which the
Secretary of the Air Force submits to the congressional defense
committees the Fleet Mix Analysis Study.
SEC. 134. LIMITATION ON RETIREMENT OF C-130E/H TACTICAL AIRLIFT
AIRCRAFT.
(a) General Prohibition.--The Secretary of the Air Force
may not retire C-130E/H tactical airlift aircraft during fiscal
year 2008, except as provided in subsection (b).
(b) Contingent Authority to Retire Certain C-130E
Aircraft.--Effective as of the date specified in subsection
(d), subsection (a) shall not apply to C-130E tactical airlift
aircraft, and the number of such aircraft retired by the
Secretary of the Air Force during fiscal year 2008 may not
exceed 24.
(c) Treatment of Retired Aircraft.--The Secretary of the
Air Force shall maintain each C-130E tactical airlift aircraft
that is retired during fiscal year 2008 in a condition that
would allow recall of that aircraft to future service.
(d) Specified Date.--The date specified in this subsection
is the date that is 30 days after the date on which the
Secretary of the Air Force submits to the congressional defense
committees the Fleet Mix Analysis Study.
SEC. 135. LIMITATION ON RETIREMENT OF KC-135E AERIAL REFUELING
AIRCRAFT.
(a) Limitation on Retirement of More Than 48 Aircraft.--The
Secretary of the Air Force may not retire more than 48 KC-135E
aerial refueling aircraft of the Air Force during fiscal year
2008, except as provided in subsection (b).
(b) Contingent Authority to Retire 37 Additional
Aircraft.--Effective as of the date specified in subsection
(c), the number of such aircraft retired by the Secretary of
the Air Force during fiscal year 2008 may not exceed 85.
(c) Specified Date.--The date specified in this subsection
is the date that is 15 days after the date on which the
Secretary of the Air Force submits to the congressional defense
committees the Secretary's certification that--
(1) the system design and development contract for
the KC-X program has been awarded; and
(2) if a protest is submitted pursuant to
subchapter 5 of title 31, United States Code--
(A) the protest has been resolved in favor
of the Federal agency; or
(B) the Secretary has authorized
performance of the contract (notwithstanding
the protest).
SEC. 136. TRANSFER TO GOVERNMENT OF IRAQ OF THREE C-130E TACTICAL
AIRLIFT AIRCRAFT.
The Secretary of the Air Force may transfer not more than
three C-130E tactical airlift aircraft, allowed to be retired
under the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364), to the Government of
Iraq.
SEC. 137. MODIFICATION OF LIMITATIONS ON RETIREMENT OF B-52 BOMBER
AIRCRAFT.
(a) Maintenance of Primary, Backup, and Attrition Reserve
Inventory of Aircraft.--Subsection (a) of section 131 of the
John Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2111) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking
``and'' at the end;
(B) in subparagraph (B), by striking the
period at the end and inserting a semicolon;
and
(C) by adding at the end the following:
``(C) shall maintain in a common capability
configuration a primary aircraft inventory of
not less than 63 such aircraft, a backup
aircraft inventory of not less than 11 such
aircraft, and an attrition reserve aircraft
inventory of not less than 2 such aircraft; and
``(D) shall not keep any such aircraft
referred to in subparagraph (C) in a status
considered excess to the requirements of the
possessing command and awaiting disposition
instructions.''; and
(2) by adding at the end the following:
``(3) Definitions.--For purposes of paragraph (1):
``(A) The term `primary aircraft inventory'
means aircraft assigned to meet the primary
aircraft authorization to--
``(i) a unit for the performance of
its wartime mission;
``(ii) a training unit primarily
for technical and specialized training
for crew personnel or leading to
aircrew qualification;
``(iii) a test unit for testing of
the aircraft or its components for
purposes of research, development, test
and evaluation, operational test and
evaluation, or to support testing
programs; or
``(iv) meet requirements for
special missions not elsewhere
classified.
``(B) The term `backup aircraft inventory'
means aircraft above the primary aircraft
inventory to permit scheduled and unscheduled
depot level maintenance, modifications,
inspections, and repairs, and certain other
mitigating circumstances without reduction of
aircraft available for the assigned mission.
``(C) The term `attrition reserve aircraft
inventory' means aircraft required to replace
anticipated losses of primary aircraft
inventory due to peacetime accidents or wartime
attrition.
``(4) Treatment of retired aircraft.--Of the
aircraft retired in accordance with paragraph (1)(A),
the Secretary of the Air Force may use not more than 2
such aircraft for maintenance ground training.''.
(b) Notice of Retirement.--Subsection (b)(1) of such
section is amended by striking ``45 days'' and inserting ``60
days''.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Operational test and evaluation of Future Combat Systems
network.
Sec. 212. Limitation on use of funds for systems development and
demonstration of Joint Light Tactical Vehicle program.
Sec. 213. Requirement to obligate and expend funds for development and
procurement of a competitive propulsion system for the Joint
Strike Fighter.
Sec. 214. Limitation on use of funds for defense-wide manufacturing
science and technology program.
Sec. 215. Advanced Sensor Applications Program.
Sec. 216. Active protection systems.
Subtitle C--Ballistic Missile Defense
Sec. 221. Participation of Director, Operational Test and Evaluation, in
missile defense test and evaluation activities.
Sec. 222. Study on future roles and missions of the Missile Defense
Agency.
Sec. 223. Budget and acquisition requirements for Missile Defense Agency
activities.
Sec. 224. Limitation on use of funds for replacing warhead on SM-3 Block
IIA missile.
Sec. 225. Extension of Comptroller General assessments of ballistic
missile defense programs.
Sec. 226. Limitation on availability of funds for procurement,
construction, and deployment of missile defenses in Europe.
Sec. 227. Sense of Congress on missile defense cooperation with Israel.
Sec. 228. Limitation on availability of funds for deployment of missile
defense interceptors in Alaska.
Sec. 229. Policy of the United States on protection of the United States
and its allies against Iranian ballistic missiles.
Subtitle D--Other Matters
Sec. 231. Coordination of human systems integration activities related
to acquisition programs.
Sec. 232. Expansion of authority for provision of laboratory facilities,
services, and equipment.
Sec. 233. Modification of cost sharing requirement for Technology
Transition Initiative.
Sec. 234. Report on implementation of Manufacturing Technology Program.
Sec. 235. Assessment of sufficiency of test and evaluation personnel.
Sec. 236. Repeal of requirement for separate reports on technology area
review and assessment summaries.
Sec. 237. Modification of notice and wait requirement for obligation of
funds for foreign comparative test program.
Sec. 238. Strategic Plan for the Manufacturing Technology Program.
Sec. 239. Modification of authorities on coordination of Defense
Experimental Program to Stimulate Competitive Research with
similar Federal programs.
Sec. 240. Enhancement of defense nanotechnology research and development
program.
Sec. 241. Federally funded research and development center assessment of
the Defense Experimental Program to Stimulate Competitive
Research.
Sec. 242. Cost-benefit analysis of proposed funding reduction for High
Energy Laser Systems Test Facility.
Sec. 243. Prompt global strike.
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:
(1) For the Army, $10,840,392,000.
(2) For the Navy, $16,980,732,000.
(3) For the Air Force, $25,692,521,000.
(4) For Defense-wide activities, $20,213,900,000,
of which $180,264,000 is authorized for the Director of
Operational Test and Evaluation.
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.
(a) Fiscal Year 2008.--Of the amounts authorized to be
appropriated by section 201, $10,913,944,000 shall be available
for the Defense Science and Technology Program, including basic
research, applied research, and advanced technology development
projects.
(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.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. OPERATIONAL TEST AND EVALUATION OF FUTURE COMBAT SYSTEMS
NETWORK.
(a) Operational Test and Evaluation Required.--The
Secretary of the Army, in cooperation with the Director,
Operational Test and Evaluation, shall complete an operational
test and evaluation (as defined in section 139(a)(2)(A) of
title 10, United States Code), of the FCS network in a
realistic environment simulating operational conditions. The
operational test and evaluation shall--
(1) be conducted in accordance with a Future Combat
Systems Test and Evaluation Master Plan approved by the
Director, Operational Test and Evaluation;
(2) be conducted using prototype equipment,
sensors, and software for the FCS network;
(3) be conducted in a manner that simulates a full
Future Combat Systems brigade;
(4) be conducted, to the maximum extent possible,
using actual communications equipment instead of
computer simulations;
(5) be conducted in a realistic operational
electronic warfare environment, including enemy
electronic warfare and network attacks; and
(6) include, to the maximum extent possible, all
sensor information feeds the FCS network is designed to
incorporate.
(b) FCS Network Defined.--In this section, the term ``FCS
network'' includes all sensors, information systems, computers,
and communications systems necessary to support Future Combat
Systems brigade operations.
(c) Report.--Not later than 120 days after completing the
operational test and evaluation required by subsection (a), the
Director, Operational Test and Evaluation shall submit to the
congressional defense committees a report on the outcome of the
operational test and evaluation. The report shall include, at a
minimum--
(1) an evaluation of the overall operational
effectiveness of the FCS network, including--
(A) an evaluation of the FCS network's
capability to transmit the volume and classes
of data required by Future Combat Systems
approved requirements; and
(B) an evaluation of the FCS network's
performance in a degraded condition due to
enemy network attack, sophisticated enemy
electronic warfare, adverse weather conditions,
and terrain variability;
(2) an evaluation of the FCS network's ability to
improve friendly force knowledge of the location and
capability of enemy forces and combat systems; and
(3) an evaluation of the overall operational
suitability of the FCS network.
(d) Limitation Pending Submission of Report.--
(1) In general.--No funds, with the exception of
funds for advanced procurement, appropriated pursuant
to an authorization of appropriations or otherwise made
available to the Department of the Army for any fiscal
year may be obligated for low-rate initial production
or full-rate production of Future Combat Systems manned
ground vehicles until 60 days after the date on which
the report is submitted under subsection (c).
(2) Waiver authority.--The Secretary of Defense may
waive the limitation in paragraph (1) if the Secretary
determines that such a waiver is critical for national
security. Such a waiver shall not become effective
until 45 days after the date on which the Secretary
submits to the congressional defense committees a
written notice of the waiver.
(3) Inapplicability to the non line of sight cannon
vehicle.--The limitation in paragraph (1) does not
apply to the Non Line of Sight Cannon vehicle.
SEC. 212. LIMITATION ON USE OF FUNDS FOR SYSTEMS DEVELOPMENT AND
DEMONSTRATION OF JOINT LIGHT TACTICAL VEHICLE
PROGRAM.
Of the amounts appropriated pursuant to an authorization of
appropriations or otherwise made available for the Joint Light
Tactical Vehicle program for the acquisition program phase of
systems development and demonstration for fiscal year 2008 or
any fiscal year thereafter, no more than 50 percent of those
amounts may be obligated or expended until after--
(1) the Under Secretary of Defense for Acquisition,
Technology, and Logistics, or the appropriate milestone
decision authority, makes the certification required by
section 2366a of title 10, United States Code, with
respect to the Joint Light Tactical Vehicle program;
and
(2) the certification has been received by the
congressional defense committees.
SEC. 213. REQUIREMENT TO OBLIGATE AND EXPEND FUNDS FOR DEVELOPMENT AND
PROCUREMENT OF A COMPETITIVE PROPULSION SYSTEM FOR
THE JOINT STRIKE FIGHTER.
Of the funds appropriated pursuant to an authorization of
appropriations or otherwise made available for fiscal year 2008
or any year thereafter, for research, development, test, and
evaluation and procurement for the Joint Strike Fighter
program, the Secretary of Defense shall ensure the obligation
and expenditure in each such fiscal year of sufficient annual
amounts for the continued development and procurement of two
options for the propulsion system for the Joint Strike Fighter
in order to ensure the development and competitive production
for the propulsion system for the Joint Strike Fighter.
SEC. 214. LIMITATION ON USE OF FUNDS FOR
DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY
PROGRAM.
No funds available to the Office of the Secretary of
Defense for any fiscal year may be obligated or expended for
the defense-wide manufacturing science and technology program
unless the Director, Defense Research and Engineering, ensures
each of the following:
(1) A component of the Department of Defense has
requested and evaluated--
(A) competitive proposals, for each project
under the program that is not a project covered
by subparagraph (B); and
(B) proposals from as many sources as is
practicable under the circumstances, for a
project under the program if the disclosure of
the needs of the Department of Defense with
respect to that project would compromise the
national security.
(2) Each project under the program is carried out--
(A) in accordance with the statutory
requirements of the Manufacturing Technology
Program established by section 2521 of title
10, United States Code; and
(B) in compliance with all requirements of
any directive that applies to manufacturing
technology.
(3) An implementation plan has been developed.
SEC. 215. ADVANCED SENSOR APPLICATIONS PROGRAM.
(a) Transfer of Funds.--(1) Of the amount authorized to be
appropriated by section 201(3) for research, development, test,
and evaluation, Air Force activities, and made available for
the activities of the Intelligence Systems Support Office, an
aggregate of $13,000,000 shall be transferred to the Advanced
Sensor Applications Program not later than 60 days after the
date of the enactment of this Act.
(2) Of the amount authorized to be appropriated by section
301(2) for operation and maintenance, Navy activities, and made
available for the activities of the Office of Naval
Intelligence, an aggregate of $5,000,000 shall be transferred
to the Advanced Sensor Applications Program not later than 60
days after the date of the enactment of this Act.
(b) Assignment of Program.--Management of the program shall
reside within the office of the Under Secretary of Defense for
Intelligence until certain conditions specified in the
classified annex to the statement of managers accompanying this
Act are met. The program shall be executed by the Commander,
Naval Air Systems Command in consultation with the Program
Executive Officer for Aviation for the Navy.
SEC. 216. ACTIVE PROTECTION SYSTEMS.
(a) Live-Fire Tests Required.--
(1) In general.--The Secretary of Defense shall
undertake live-fire tests, of appropriate foreign and
domestic active protection systems with size, weight,
and power characteristics suitable for protecting
wheeled tactical vehicles, especially light wheeled
tactical vehicles, in order--
(A) to determine the effectiveness of such
systems for protecting wheeled tactical
vehicles; and
(B) to develop information useful in the
consideration of the adoption of such systems
in defense acquisition programs.
(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.
(3) Funding.--The live-fire tests required by
paragraph (1) shall be conducted using funds authorized
and appropriated for the Joint Improvised Explosive
Device Defeat Fund.
(b) Comprehensive Assessment Required.--
(1) In general.--The Secretary shall undertake a
comprehensive assessment of active protection systems
in order to develop information useful in the
development of joint active protection systems and
other defense programs.
(2) Elements.--The assessment under paragraph (1)
shall include--
(A) an identification of the potential
merits and operational costs of the use of
active protection systems by United States
military forces;
(B) a characterization of the threats that
use of active protection systems by potential
adversaries would pose to United States
military forces and weapons;
(C) an identification and assessment of
countermeasures to active protection systems;
(D) an analysis of collateral damage
potential of active protection systems;
(E) an identification and assessment of
emerging direct-fire and top-attack threats to
defense systems that could potentially deploy
active protection systems; and
(F) an identification and assessment of
critical technology elements of active
protection systems.
(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).
Subtitle C--Ballistic Missile Defense
SEC. 221. PARTICIPATION OF DIRECTOR, OPERATIONAL TEST AND EVALUATION,
IN MISSILE DEFENSE TEST AND EVALUATION ACTIVITIES.
Section 139 of title 10, United States Code, is amended--
(1) by redesignating subsections (f) through (j) as
subsections (g) through (k), respectively; and
(2) by inserting after subsection (e) the following
new subsection (f):
``(f)(1) The Director of the Missile Defense Agency shall
make available to the Director of Operational Test and
Evaluation the results of all tests and evaluations conducted
by the Missile Defense Agency and of all studies conducted by
the Missile Defense Agency in connection with tests and
evaluations in the Missile Defense Agency.
``(2) The Director of Operational Test and Evaluation may
require that such observers as the Director designates be
present during the preparation for and the conduct of any test
and evaluation conducted by the Missile Defense Agency.
``(3) The Director of Operational Test and Evaluation shall
have access to all records and data in the Department of
Defense (including the records and data of the Missile Defense
Agency) that the Director considers necessary to review in
order to carry out his duties under this subsection.''.
SEC. 222. STUDY ON FUTURE ROLES AND MISSIONS OF THE MISSILE DEFENSE
AGENCY.
(a) In General.--The Secretary of Defense shall enter into
an agreement with one of the Federally Funded Research and
Development Centers under which the Center shall carry out an
independent study to examine, and make recommendations with
respect to, the long-term structure, roles, and missions of the
Missile Defense Agency.
(b) Matters Included.--
(1) Review.--The study shall include a full review
of the structure, roles, and missions of the Missile
Defense Agency.
(2) Assessments.--The study shall include an
examination and assessment of the current and future--
(A) structure, roles, and missions of the
Missile Defense Agency;
(B) relationship of the Missile Defense
Agency with--
(i) the Office of the Under
Secretary of Defense for Acquisition,
Technology, and Logistics;
(ii) the Office of the Under
Secretary of Defense for Policy;
(iii) the Director of Operational
Test and Evaluation;
(iv) the Commander of the United
States Strategic Command and other
combatant commanders;
(v) the Joint Requirements
Oversight Council; and
(vi) the military departments;
(C) operations and sustainment of missile
defenses;
(D) acquisition process for missile
defense;
(E) requirements process for missile
defense; and
(F) transition and transfer of missile
defense capabilities to the military
departments.
(3) Recommendations.--The study shall include
recommendations as to how the Missile Defense Agency
can be made more effective to support the needs of the
warfighter, especially with regard to near-term missile
defense capabilities. The study shall also examine the
full range of options for the future of the Missile
Defense Agency and shall include, but not be limited
to, specific recommendations as to whether--
(A) the Missile Defense Agency should be
maintained in its current configuration;
(B) the scope and nature of the Missile
Defense Agency should be changed from an
organization focused on research and
development to an organization focused on
combat support;
(C) any functions and responsibilities
should be added to the Missile Defense Agency,
in part or in whole, from other entities such
as the United States Strategic Command and the
military departments; and
(D) any functions and responsibilities of
the Missile Defense Agency should be
transferred, in part or in whole, to other
entities such as the United States Strategic
Command and the military departments.
(c) Cooperation From Government.--In carrying out the
study, the Federally Funded Research and Development Center
shall receive the full and timely cooperation of the Secretary
of Defense and any other United States Government official in
providing the Center with analyses, briefings, and other
information necessary for the fulfillment of its
responsibilities.
(d) Report.--Not later than September 1, 2008, the
Federally Funded Research and Development Center shall submit
to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a
report on its findings, conclusions, and recommendations.
(e) Funding.--Funds for the study shall be provided from
amounts appropriated for the Department of Defense.
SEC. 223. BUDGET AND ACQUISITION REQUIREMENTS FOR MISSILE DEFENSE
AGENCY ACTIVITIES.
(a) Revised Budget Structure.--The budget justification
materials submitted to Congress in support of the Department of
Defense budget for any fiscal year after fiscal year 2009 (as
submitted with the budget of the President under section
1105(a) of title 31, United States Code) shall set forth
separately amounts requested for the Missile Defense Agency for
each of the following:
(1) Research, development, test, and evaluation.
(2) Procurement.
(3) Operation and maintenance.
(4) Military construction.
(b) Revised Budget Structure for Fiscal Year 2009.--The
budget justification materials submitted to Congress in support
of the Department of Defense budget for fiscal year 2009 (as
submitted with the budget of the President under section
1105(a) of title 31, United States Code) shall--
(1) identify all known and estimated operation and
support costs; and
(2) set forth separately amounts requested for the
Missile Defense Agency for each of the following:
(A) Research, development, test, and
evaluation.
(B) Procurement or advance procurement of
long lead items, including for Terminal High
Altitude Area Defense firing units 3 and 4, and
for Standard Missile-3 Block 1A interceptors.
(C) Military construction.
(c) Availability of RDT&E Funds for Fiscal Year 2009.--Upon
approval by the Secretary of Defense, and consistent with the
plan submitted under subsection (f), funds appropriated
pursuant to an authorization of appropriations or otherwise
made available for fiscal year 2009 for research, development,
test, and evaluation for the Missile Defense Agency--
(1) may be used for the fielding of ballistic
missile defense capabilities approved previously by
Congress; and
(2) may not be used for--
(A) military construction activities; or
(B) procurement or advance procurement of
long lead items, including for Terminal High
Altitude Area Defense firing units 3 and 4, and
for Standard Missile-3 Block 1A interceptors.
(d) Full Funding Requirement Not Applicable to Use of
Procurement Funds for Fiscal Years 2009 and 2010.--In any case
in which funds appropriated pursuant to an authorization of
appropriations or otherwise made available for procurement for
the Missile Defense Agency for fiscal years 2009 and 2010 are
used for the fielding of ballistic missile defense
capabilities, the funds may be used for the fielding of those
capabilities on an ``incremental'' basis, notwithstanding any
law or policy of the Department of Defense that would otherwise
require a ``full funding'' basis.
(e) Relationship to Other Law.--Nothing in this provision
shall be construed to alter or otherwise affect in any way the
applicability of the requirements and other provisions of
section 234(a) through (d) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375; 118 Stat. 1837; 10 U.S.C. 2431 note).
(f) Plan Required.--Not later than March 1, 2008, the
Director of the Missile Defense Agency shall submit to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a plan for
transitioning the Missile Defense Agency from using exclusively
research, development, test, and evaluation funds to using
procurement, military construction, operations and maintenance,
and research, development, test, and evaluation funds for the
appropriate budget activities, and for transitioning from
incremental funding to full funding for fiscal years after
fiscal year 2010.
(g) Objectives for Acquisition Activities.--
(1) In general.--Commencing as soon as practicable,
but not later than the submittal to Congress of the
budget for the President for fiscal year 2009 under
section 1105(a) of title 31, United States Code, the
Missile Defense Agency shall take appropriate actions
to achieve the following objectives in its acquisition
activities:
(A) Improved transparency.
(B) Improved accountability.
(C) Enhanced oversight.
(2) Required actions.--In order to achieve the
objectives specified in paragraph (1), the Missile
Defense Agency shall, at a minimum, take actions as
follows:
(A) Establish acquisition cost, schedule,
and performance baselines for each ballistic
missile defense system element that--
(i) has entered the equivalent of
the systems development and
demonstration phase of acquisition; or
(ii) is being produced and acquired
for operational fielding.
(B) Provide unit cost reporting data for
each ballistic missile defense system element
covered by subparagraph (A), and secure
independent estimation and verification of such
cost reporting data.
(C) Include, in the budget justification
materials described in subsection (a), a
description of actions being taken in the
fiscal year in which such materials are
submitted, and the actions to be taken in the
fiscal year covered by such materials, to
achieve such objectives.
(3) Specification of ballistic missile defense
system elements.--The ballistic missile defense system
elements that, as of October 2007, are ballistic
missile defense system elements covered by paragraph
(2)(A) are the following elements:
(A) Ground-based Midcourse Defense.
(B) Aegis Ballistic Missile Defense.
(C) Terminal High Altitude Area Defense.
(D) Forward-Based X-band radar-
Transportable (AN/TPY-2).
(E) Command, Control, Battle Management,
and Communications.
(F) Sea-Based X-band radar.
(G) Upgraded Early Warning radars.
SEC. 224. LIMITATION ON USE OF FUNDS FOR REPLACING WARHEAD ON SM-3
BLOCK IIA MISSILE.
None of the funds appropriated or otherwise made available
pursuant to an authorization of appropriations in this Act may
be obligated or expended to replace the unitary warhead on the
SM-3 Block IIA missile with the Multiple Kill Vehicle until
after the Secretary of Defense certifies to Congress that--
(1) the United States and Japan have reached an
agreement to replace the unitary warhead on the SM-3
Block IIA missile; and
(2) replacing the unitary warhead on the SM-3 Block
IIA missile with the Multiple Kill Vehicle will not
delay the expected deployment date of 2014-2015 for
that missile.
SEC. 225. EXTENSION OF COMPTROLLER GENERAL ASSESSMENTS OF BALLISTIC
MISSILE DEFENSE PROGRAMS.
Section 232(g) of the National Defense Authorization Act
for Fiscal Year 2002 (10 U.S.C. 2431 note) is amended--
(1) in paragraph (1), by striking ``through 2008''
and inserting ``through 2013''; and
(2) in paragraph (2), by striking ``through 2009''
and inserting ``through 2014''.
SEC. 226. LIMITATION ON AVAILABILITY OF FUNDS FOR 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:
(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.
(2) 45 days have elapsed following the receipt by
Congress of the report required under subsection
(c)(6).
(b) Additional Limitation.--In addition to the limitation
in subsection (a), no funds authorized to be appropriated by
this Act may be obligated or expended for the acquisition or
deployment of operational missiles of a long-range missile
defense system in Europe until the Secretary of Defense, after
receiving the views of the Director of Operational Test and
Evaluation, submits to Congress a report certifying that the
proposed interceptor to be deployed as part of such missile
defense system has demonstrated, through successful,
operationally realistic flight testing, a high probability of
working in an operationally effective manner.
(c) Report on Independent Assessment for Ballistic Missile
Defense in Europe.--
(1) Independent assessment.--Not later than 30 days
after the date of the enactment of this Act, the
Secretary of Defense shall select a federally funded
research and development center to conduct an
independent assessment of options for ballistic missile
defense for forward deployed forces of the United
States and its allies in Europe and for the United
States homeland.
(2) Analysis of administration proposal.--The study
shall provide a full analysis of the Administration's
proposal to protect forward-deployed forces of the
United States and its allies in Europe, forward-
deployed radars in Europe, and the United States by
deploying, in Europe, interceptors and radars of the
Ground-Based Midcourse Defense (GMD) system. In
providing the analysis, the study shall examine each of
the following matters:
(A) The threat to Europe and the United
States of ballistic missiles (including short-
range, medium-range, intermediate-range, and
long-range ballistic missiles) from Iran,
including the likelihood and timing of such
threats.
(B) The technical capabilities of the
system, as so deployed, to effectively protect
forward-deployed forces of the United States
and its allies in Europe, forward-deployed
radars in Europe, and the United States against
the threat specified in subparagraph (A).
(C) The degree of coverage of the European
territory of members of the North Atlantic
Treaty Organization.
(D) The political implications of such a
deployment on the United States, the North
Atlantic Treaty Organization, and other
interested parties.
(E) Integration and interoperability with
North Atlantic Treaty Organization missile
defenses.
(F) The operational issues associated with
such a deployment, including operational
effectiveness.
(G) The force structure implications of
such a deployment, including a comparative
analysis of alternative deployment options.
(H) The budgetary implications of such a
deployment, including possible allied cost
sharing, and the cost-effectiveness of such a
deployment.
(I) Command and control arrangements,
including any command and control roles for the
United States European Command and the North
Atlantic Treaty Organization.
(J) Potential opportunities for
participation by the Government of Russia.
(3) Analysis of alternatives.--The study shall also
provide a full analysis of alternative systems that
could be deployed to fulfill, in whole or in part, the
protective purposes of the Administration's proposal.
The alternative systems shall include a range of
feasible combinations of other missile defense systems
that are available or are expected to be available as
of 2015 and 2020. These should include, but not be
limited to, the following:
(A) The Patriot PAC-3 system.
(B) The Medium Extended Air Defense System.
(C) The Aegis Ballistic Missile Defense
system, with all variants of the Standard
Missile-3 interceptor.
(D) The Terminal High Altitude Area Defense
(THAAD) system.
(E) Forward-Based X-band Transportable
(FBX-T) radars.
(F) The Kinetic Energy Interceptor (KEI).
(G) Other non-United States, North Atlantic
Treaty Organization missile defense systems or
components.
(4) Matters examined.--In providing the analysis,
the study shall examine, for each alternative system
included, each of the matters specified in paragraph
(2).
(5) Cooperation of other agencies.--The Secretary
of Defense shall provide the federally funded research
and development center selected under paragraph (1)
data, analyses, briefings, and other information as the
center considers necessary to carry out the assessment
described in that paragraph. Furthermore, the Director
of National Intelligence and the heads of other
departments and agencies of the United States
Government shall also provide the center the
appropriate data, analyses, briefings, and other
information necessary for the purpose of carrying out
the assessment described in that paragraph.
(6) Report.--Not later than 180 days after the date
of the enactment of this Act, the federally funded
research and development center shall submit to the
congressional defense committees and the Secretary of
Defense a report on the results of the study. The
report shall be in unclassified form, but may include a
classified annex.
(7) Funding.--Of the amounts appropriated or
otherwise made available pursuant to the authorization
of appropriations in section 201(4), $1,000,000 is
available to carry out the study required by this
subsection.
(d) Construction.--Nothing in this section shall be
construed to limit continuing obligation and expenditure of
funds for missile defense, including for research and
development and for other activities not otherwise limited by
subsection (a) or (b), including, but not limited to, site
surveys, studies, analysis, and planning and design for the
proposed missile defense deployment in Europe.
SEC. 227. SENSE OF CONGRESS ON MISSILE DEFENSE COOPERATION WITH ISRAEL.
(a) Sense of Congress.--It is the sense of Congress that
the United States should have an active program of ballistic
missile defense cooperation with Israel, and should take steps
to improve the coordination, interoperability, and integration
of United States and Israeli missile defense capabilities, and
to enhance the capability of both nations to defend against
ballistic missile threats present in the Middle East region.
(b) Report.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees a report on the status of missile defense
cooperation between the United States and Israel.
(2) Content.--The report submitted under this
subsection shall include each of the following:
(A) A description of the current program of
ballistic missile defense cooperation between
the United States and Israel, including its
objectives and results to date.
(B) A description of steps taken within the
previous five years to improve the
interoperability and coordination of the
missile defense capabilities of the United
States and Israel.
(C) A description of steps planned to be
taken by the governments of the United States
and Israel in the future to improve the
coordination, interoperability, and integration
of their missile defense capabilities.
(D) A description of joint efforts of the
United States and Israel to develop ballistic
missile defense technologies.
(E) A description of joint missile defense
exercises and training that have been conducted
by the United States and Israel, and the
lessons learned from those exercises.
(F) A description of the joint missile
defense testing activities of the United States
and Israel, past and planned, and the benefits
of such joint testing activities.
(G) A description of how the United States
and Israel share threat assessments regarding
the ballistic missile threat.
(H) Any other matters that the Secretary
considers appropriate.
SEC. 228. LIMITATION ON AVAILABILITY OF FUNDS FOR DEPLOYMENT OF MISSILE
DEFENSE INTERCEPTORS IN ALASKA.
None of the funds authorized to be appropriated by this Act
may be obligated or expended to deploy more than 40 Ground-
Based Interceptors at Fort Greely, Alaska, until the Secretary
of Defense, after receiving the views of the Director of
Operational Test and Evaluation, submits to Congress a
certification that the Block 2006 Ground-based Midcourse
Defense element of the 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.
SEC. 229. POLICY OF THE UNITED STATES ON PROTECTION OF THE UNITED
STATES AND ITS ALLIES AGAINST IRANIAN BALLISTIC
MISSILES.
(a) Finding.--Congress finds that Iran maintains a nuclear
program in continued defiance of the international community
while developing ballistic missiles of increasing
sophistication and range that--
(1) pose a threat to--
(A) the forward-deployed forces of the
United States;
(B) North Atlantic Treaty Organization
(NATO) allies in Europe; and
(C) other allies and friendly foreign
countries in the region; and
(2) eventually could pose a threat to the United
States homeland.
(b) Policy of the United States.--It is the policy of the
United States--
(1) to develop, test, and deploy, as soon as
technologically feasible, in conjunction with allies
and friendly foreign countries whenever possible, an
effective defense against the threat from Iran
described in subsection (a) that will provide
protection--
(A) for the forward-deployed forces of the
United States, NATO allies, and other allies
and friendly foreign countries in the region;
and
(B) for the United States homeland;
(2) to encourage the NATO alliance to accelerate
its efforts to--
(A) protect NATO territory in Europe
against the existing threat of Iranian short-
and medium-range ballistic missiles; and
(B) facilitate the ability of NATO allies
to acquire the missile defense systems needed
to provide a wide-area defense capability
against short- and medium-range ballistic
missiles; and
(3) to proceed with the activities specified in
paragraphs (1) and (2) in a manner such that any
missile defense systems fielded by the United States in
Europe are integrated with or complementary to missile
defense systems fielded by NATO in Europe.
Subtitle D--Other Matters
SEC. 231. COORDINATION OF HUMAN SYSTEMS INTEGRATION ACTIVITIES RELATED
TO ACQUISITION PROGRAMS.
(a) In General.--The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition, Technology, and
Logistics, shall coordinate and manage human systems
integration activities throughout the acquisition programs of
the Department of Defense.
(b) Administration.--In carrying out subsection (a), the
Secretary shall designate a senior official to be responsible
for the effort.
(c) Responsibilities.--In carrying out this section, the
senior official designated in subsection (b) shall--
(1) coordinate the planning, management, and
execution of such activities; and
(2) identify and recommend, as appropriate,
resource requirements for human systems integration
activities.
(d) Designation.--The designation required by subsection
(b) shall be made not later than 60 days after the date of the
enactment of this Act.
SEC. 232. EXPANSION OF AUTHORITY FOR PROVISION OF LABORATORY
FACILITIES, SERVICES, AND EQUIPMENT.
Section 2539b of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2) by striking ``and'' at
the end;
(B) in paragraph (3) by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) make available to any person or entity,
through leases, contracts, or other appropriate
arrangements, facilities, services, and equipment of
any government laboratory, research center, or range,
if the facilities, services, and equipment provided
will not be in direct competition with the domestic
private sector.'';
(2) in subsection (c)--
(A) by striking ``for services''; and
(B) by striking ``subsection (a)(3)'' and
inserting ``subsections (a)(3) and (a)(4)'';
and
(3) in subsection (d)--
(A) by striking ``for services made
available''; and
(B) by striking ``subsection (a)(3)'' and
inserting ``subsections (a)(3) and (a)(4)''.
SEC. 233. MODIFICATION OF COST SHARING REQUIREMENT FOR TECHNOLOGY
TRANSITION INITIATIVE.
Paragraph (2) of section 2359a(f) of title 10, United
States Code, is amended to read as follows:
``(2) The amount of funds provided to a project under
paragraph (1) by the military department or Defense Agency
concerned shall be the appropriate share of the military
department or Defense Agency, as the case may be, of the cost
of the project, as determined by the Manager.''.
SEC. 234. REPORT ON IMPLEMENTATION OF MANUFACTURING TECHNOLOGY PROGRAM.
(a) Report Required.--Not later than September 1, 2008, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report on the implementation of
the technologies and processes developed under the
Manufacturing Technology Program required by section 2521 of
title 10, United States Code.
(b) Elements.--The report shall identify each technology or
process implemented and, for each such technology or process,
shall identify--
(1) the project of the Manufacturing Technology
Program through which the technology or process was
developed, the Federal and non-Federal participants in
that project, and the duration of the project;
(2) the organization or program implementing the
technology or process, and a description of the
implementation;
(3) the funding required to implement the
technology or process, including--
(A) funds provided by military departments
and Defense Agencies under the Manufacturing
Technology Program;
(B) funds provided by the Department of
Defense, or any element of the Department, to
co-develop the technology or process;
(C) to the maximum extent practicable,
funds provided by the Department of Defense, or
any element of the Department, to--
(i) mature the technology or
process prior to transition to the
Manufacturing Technology Program; and
(ii) provide for the implementation
of the technology or process;
(4) the total value of industry cost share, if
applicable;
(5) if applicable, the total value of cost
avoidance or cost savings directly attributable to the
implementation of the technology or process; and
(6) a description of any system performance
enhancements, technology performance enhancements, or
improvements in a manufacturing readiness level of a
system or a technology.
(c) Definition.--For purposes of this section, the term
``implementation'' refers to--
(1) the use of a technology or process in the
manufacture of defense materiel;
(2) the inclusion of a technology or process in the
systems engineering plan for a program of record; or
(3) the use of a technology or process for the
manufacture of commercial items.
(d) Scope.--The report shall include technologies or
processes developed with funds appropriated or otherwise made
available for the Manufacturing Technology programs of the
military departments and Defense Agencies for fiscal years 2003
through 2005.
SEC. 235. ASSESSMENT OF SUFFICIENCY OF TEST AND EVALUATION PERSONNEL.
(a) Assessment Required.--The Director of Operational Test
and Evaluation shall assess whether the Director's professional
staff meets the requirement of section 139(j) of title 10,
United States Code, that the staff be sufficient to carry out
the Director's duties and responsibilities.
(b) Inclusion in Report.--The Director shall include the
results of the assessment in the report, required by section
139(g) of title 10, United States Code, summarizing the
operational test and evaluation activities during fiscal year
2007.
SEC. 236. REPEAL OF REQUIREMENT FOR SEPARATE REPORTS ON TECHNOLOGY AREA
REVIEW AND ASSESSMENT SUMMARIES.
Subsection (c) of section 253 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3179; 10 U.S.C. 2501 note) is repealed.
SEC. 237. MODIFICATION OF NOTICE AND WAIT REQUIREMENT FOR OBLIGATION OF
FUNDS FOR FOREIGN COMPARATIVE TEST PROGRAM.
Paragraph (3) of section 2350a(g) of title 10, United
States Code, is amended to read as follows:
``(3) The Director of Defense Research and Engineering
shall notify the congressional defense committees of the intent
to obligate funds made available to carry out this subsection
not less than 7 days before such funds are obligated.''.
SEC. 238. STRATEGIC PLAN FOR THE MANUFACTURING TECHNOLOGY PROGRAM.
(a) In General.--Section 2521 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(e) Five-Year Strategic Plan.--(1) The Secretary shall
develop a plan for the program that includes the following:
``(A) The overall manufacturing technology goals,
milestones, priorities, and investment strategy for the
program.
``(B) The objectives of, and funding for, the
program for each military department and each Defense
Agency that shall participate in the program during the
period of the plan.
``(2) The Secretary shall include in the plan mechanisms
for assessing the effectiveness of the program under the plan.
``(3) The Secretary shall update the plan on a biennial
basis.
``(4) Each plan, and each update to the plan, shall cover a
period of five fiscal years.''.
(b) Initial Development and Submission of Plan.--
(1) Development.--The Secretary of Defense shall
develop the strategic plan required by subsection (e)
of section 2521 of title 10, United States Code (as
added by subsection (a) of this section), so that the
plan goes into effect at the beginning of fiscal year
2009.
(2) Submission.--Not later than the date on which
the budget of the President for fiscal year 2010 is
submitted to Congress under section 1105 of title 31,
United States Code, the Secretary shall submit to the
Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of
Representatives the plan specified in paragraph (1).
SEC. 239. MODIFICATION OF AUTHORITIES ON COORDINATION OF DEFENSE
EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE
RESEARCH WITH SIMILAR FEDERAL PROGRAMS.
Section 257(e)(2) of the National Defense Authorization Act
for Fiscal Year 1995 (10 U.S.C. 2358 note) is amended by
striking ``shall'' each place it appears and inserting ``may''.
SEC. 240. ENHANCEMENT OF DEFENSE NANOTECHNOLOGY RESEARCH AND
DEVELOPMENT PROGRAM.
(a) Program Purposes.--Subsection (b) of section 246 of the
Bob Stump National Defense Authorization Act for Fiscal Year
2003 (Public Law 107-314; 116 Stat. 2500; 10 U.S.C. 2358 note)
is amended--
(1) in paragraph (2), by striking ``in nanoscale
research and development'' and inserting ``in the
National Nanotechnology Initiative and with the
National Nanotechnology Coordination Office under
section 3 of the 21st Century Nanotechnology Research
and Development Act (15 U.S.C. 7502)''; and
(2) in paragraph (3), by striking ``portfolio of
fundamental and applied nanoscience and engineering
research initiatives'' and inserting ``portfolio of
nanotechnology research and development initiatives''.
(b) Program Administration.--
(1) Administration through under secretary of
defense for acquisition, technology, and logistics.--
Subsection (c) of such section is amended--
(A) by striking ``the Director of Defense
Research and Engineering'' and inserting ``the
Under Secretary of Defense for Acquisition,
Technology, and Logistics''; and
(B) by striking ``The Director'' and
inserting ``The Under Secretary''.
(2) Other administrative matters.--Such subsection
is further amended--
(A) in paragraph (2), by striking ``the
Department's increased investment in
nanotechnology research and development and the
National Nanotechnology Initiative; and'' and
inserting ``investments by the Department and
other departments and agencies participating in
the National Nanotechnology Initiative in
nanotechnology research and development;'';
(B) in paragraph (3), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(4) oversee Department of Defense participation
in interagency coordination of the program with other
departments and agencies participating in the National
Nanotechnology Initiative.''.
(c) Program Activities.--Such section is further amended--
(1) by striking subsection (d); and
(2) by adding at the end the following new
subsection (d):
``(d) Strategic Plan.--The Under Secretary shall develop
and maintain a strategic plan for defense nanotechnology
research and development that--
``(1) is integrated with the strategic plan for the
National Nanotechnology Initiative and the strategic
plans of the Director of Defense Research and
Engineering, the military departments, and the Defense
Agencies; and
``(2) includes a clear strategy for transitioning
the research into products needed by the Department.''.
(d) Reports.--Such section is further amended by adding at
the end the following new subsection:
``(e) Reports.--
``(1) In general.--Not later than March 1 of each
of 2009, 2011, and 2013, the Under Secretary of Defense
for Acquisition, Technology, and Logistics shall submit
to the congressional defense committees a report on the
program.
``(2) Matters included.--Each report under
paragraph (1) shall include the following:
``(A) A review of--
``(i) the long-term challenges and
specific technical goals of the
program; and
``(ii) the progress made toward
meeting such challenges and achieving
such goals.
``(B) An assessment of current and proposed
funding levels for the program, including an
assessment of the adequacy of such funding
levels to support program activities.
``(C) A review of the coordination of
activities under the program within the
Department of Defense, with other departments
and agencies of the United States, and with the
National Nanotechnology Initiative.
``(D) A review and analysis of the findings
and 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 (15
U.S.C. 1704), and a description of initiatives
of the Department to implement such
recommendations.
``(E) An assessment of technology
transition from nanotechnology research and
development to enhanced warfighting
capabilities, including contributions from the
Department of Defense Small Business Innovative
Research and Small Business Technology Transfer
Research programs, and the Department of
Defense Manufacturing Technology program, and
an identification of acquisition programs and
deployed defense systems that are incorporating
nanotechnologies.
``(F) An assessment of global
nanotechnology research and development in
areas of interest to the Department, including
an identification of the use of
nanotechnologies in any foreign defense
systems.
``(G) An assessment of the defense
nanotechnology manufacturing and industrial
base and its capability to meet the near and
far term requirements of the Department.
``(H) Such recommendations for additional
activities under the program to meet emerging
national security requirements as the Under
Secretary considers appropriate.
``(3) Classification.--Each report under paragraph
(1) shall be submitted in unclassified form, but may
include a classified annex.''.
SEC. 241. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTER ASSESSMENT
OF THE DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE
COMPETITIVE RESEARCH.
(a) Assessment Required.--The Secretary of Defense shall--
(1) utilize a defense federally funded research and
development center to carry out an assessment of the
effectiveness of the Defense Experimental Program to
Stimulate Competitive Research; and
(2) not later than nine months after the date of
the enactment of this Act, submit to the Committees on
Armed Services of the Senate and the House of
Representatives a report on that assessment.
(b) Matters Assessed.--The report under subsection (a)
shall include the following:
(1) A description and assessment of the tangible
results and progress toward the objectives of the
program, including--
(A) an identification of any past program
activities that led to, or were fundamental to,
applications used by, or supportive of,
operational users; and
(B) an assessment of whether the program
has expanded the national research
infrastructure.
(2) An assessment whether the activities undertaken
under the program are consistent with the statute
authorizing the program.
(3) An assessment whether the various elements of
the program, such as structure, funding, staffing,
project solicitation and selection, and administration,
are working effectively and efficiently to support the
effective execution of the program.
(4) A description and assessment of past and
ongoing activities of State planning committees under
the program in supporting the achievement of the
objectives of the program.
(5) An analysis of the advantages and disadvantages
of having an institution-based formula for
qualification to participate in the program when
compared with the advantages and disadvantages of
having a State-based formula for qualification to
participate in supporting defense missions and the
objective of expanding the Nation's defense research
infrastructure.
(6) An identification of mechanisms for improving
the management and implementation of the program,
including modification of the statute authorizing the
program, Department regulations, program structure,
funding levels, funding strategy, or the activities of
the State committees.
(7) Any other matters the Secretary considers
appropriate.
SEC. 242. COST-BENEFIT ANALYSIS OF PROPOSED FUNDING REDUCTION FOR HIGH
ENERGY LASER SYSTEMS TEST FACILITY.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
containing a cost-benefit analysis of the proposed reduction in
Army research, development, test, and evaluation funding for
the High Energy Laser Systems Test Facility.
(b) Evaluation of Impact on Other Military Departments.--
The report required under subsection (a) shall include an
evaluation of the impact of the proposed reduction in funding
on each Department of Defense organization or activity that
utilizes the High Energy Laser Systems Test Facility.
SEC. 243. PROMPT GLOBAL STRIKE.
(a) Research, Development, and Testing Plan.--The Secretary
of Defense shall submit to the congressional defense committees
a research, development, and testing plan for prompt global
strike program objectives for fiscal years 2008 through 2013.
(b) Plan for Obligation and Expenditure of Funds.--
(1) In general.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall submit to
the congressional defense committees a plan for
obligation and expenditure of funds available for
prompt global strike for fiscal year 2008. The plan
shall include correlations between each technology
application being developed in fiscal year 2008 and the
prompt global strike alternative or alternatives toward
which the technology application applies.
(2) Limitation.--The Under Secretary shall not
implement the plan required by paragraph (1) until at
least 10 days after the plan is submitted as required
by that paragraph.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Environmental Provisions
Sec. 311. Reimbursement of Environmental Protection Agency for certain
costs in connection with Moses Lake Wellfield Superfund Site,
Moses Lake, Washington.
Sec. 312. Reimbursement of Environmental Protection Agency for certain
costs in connection with the Arctic Surplus Superfund Site,
Fairbanks, Alaska.
Sec. 313. Payment to Environmental Protection Agency of stipulated
penalties in connection with Jackson Park Housing Complex,
Washington.
Sec. 314. Report on control of the brown tree snake.
Sec. 315. Notification of certain residents and civilian employees at
Camp Lejeune, North Carolina, of exposure to drinking water
contamination.
Subtitle C--Workplace and Depot Issues
Sec. 321. Availability of funds in Defense Information Systems Agency
Working Capital Fund for technology upgrades to Defense
Information Systems Network.
Sec. 322. Modification to public-private competition requirements before
conversion to contractor performance.
Sec. 323. Public-private competition at end of period specified in
performance agreement not required.
Sec. 324. Guidelines on insourcing new and contracted out functions.
Sec. 325. Restriction on Office of Management and Budget influence over
Department of Defense public-private competitions.
Sec. 326. Bid protests by Federal employees in actions under Office of
Management and Budget Circular A-76.
Sec. 327. Public-private competition required before conversion to
contractor performance.
Sec. 328. Extension of authority for Army industrial facilities to
engage in cooperative activities with non-Army entities.
Sec. 329. Reauthorization and modification of multi-trades demonstration
project.
Sec. 330. Pilot program for availability of working-capital funds to
Army for certain product improvements.
Subtitle D--Extension of Program Authorities
Sec. 341. Extension of Arsenal Support Program Initiative.
Sec. 342. Extension of period for reimbursement for helmet pads
purchased by members of the Armed Forces deployed in
contingency operations.
Sec. 343. Extension of temporary authority for contract performance of
security guard functions.
Subtitle E--Reports
Sec. 351. Reports on National Guard readiness for emergencies and major
disasters.
Sec. 352. Annual report on prepositioned materiel and equipment.
Sec. 353. Report on incremental cost of early 2007 enhanced deployment.
Sec. 354. Modification of requirements of Comptroller General report on
the readiness of Army and Marine Corps ground forces.
Sec. 355. Plan to improve readiness of ground forces of active and
reserve components.
Sec. 356. Independent assessment of Civil Reserve Air Fleet viability.
Sec. 357. Department of Defense Inspector General report on physical
security of Department of Defense installations.
Sec. 358. Review of high-altitude aviation training.
Sec. 359. Reports on safety measures and encroachment issues and master
plan for Warren Grove Gunnery Range, New Jersey.
Sec. 360. Report on search and rescue capabilities of the Air Force in
the northwestern United States.
Sec. 361. Report and master infrastructure recapitalization plan for
Cheyenne Mountain Air Station, Colorado.
Subtitle F--Other Matters
Sec. 371. Enhancement of corrosion control and prevention functions
within Department of Defense.
Sec. 372. Authority for Department of Defense to provide support for
certain sporting events.
Sec. 373. Authority to impose reasonable restrictions on payment of full
replacement value for lost or damaged personal property
transported at Government expense.
Sec. 374. Priority transportation on Department of Defense aircraft of
retired members residing in Commonwealths and possessions of
the United States for certain health care services.
Sec. 375. Recovery of missing military property.
Sec. 376. Retention of combat uniforms by members of the Armed Forces
deployed in support of contingency operations.
Sec. 377. Issue of serviceable material of the Navy other than to Armed
Forces.
Sec. 378. Reauthorization of Aviation Insurance Program.
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1) For the Army, $28,787,219,000.
(2) For the Navy, $33,355,683,000.
(3) For the Marine Corps, $4,967,193,000.
(4) For the Air Force, $33,118,462,000.
(5) For Defense-wide activities, $22,500,253,000.
(6) For the Army Reserve, $2,509,862,000.
(7) For the Navy Reserve, $1,186,883,000.
(8) For the Marine Corps Reserve, $208,637,000.
(9) For the Air Force Reserve, $2,821,817,000.
(10) For the Army National Guard, $5,857,409,000.
(11) For the Air National Guard, $5,456,668,000.
(12) For the United States Court of Appeals for the
Armed Forces, $11,971,000.
(13) For Environmental Restoration, Army,
$434,879,000.
(14) For Environmental Restoration, Navy,
$300,591,000.
(15) For Environmental Restoration, Air Force,
$458,428,000.
(16) For Environmental Restoration, Defense-wide,
$12,751,000.
(17) For Environmental Restoration, Formerly Used
Defense Sites, $270,249,000.
(18) For Overseas Humanitarian, Disaster, and Civic
Aid programs, $103,300,000.
(19) For Former Soviet Union Threat Reduction
programs, $428,048,000.
(20) For the Overseas Contingency Operations
Transfer Fund, $5,000,000.
Subtitle B--Environmental Provisions
SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN
COSTS IN CONNECTION WITH MOSES LAKE WELLFIELD
SUPERFUND SITE, MOSES LAKE, WASHINGTON.
(a) Authority To Reimburse.--
(1) Transfer amount.--Using funds described in
subsection (b), the Secretary of Defense may,
notwithstanding section 2215 of title 10, United States
Code, transfer not more than $91,588.51 to the Moses
Lake Wellfield Superfund Site 10-6J Special Account.
(2) Purpose of reimbursement.--The payment under
paragraph (1) is to reimburse the Environmental
Protection Agency for its costs incurred in overseeing
a remedial 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.
(3) Interagency agreement.--The reimbursement
described in paragraph (2) is provided for in the
interagency agreement entered into by the Department of
the Army and the Environmental Protection Agency for
the Moses Lake Wellfield Superfund Site in March 1999.
(b) Source of Funds.--Any payment under subsection (a)
shall be made using funds authorized to be appropriated by
section 301(16) for operation and maintenance for Environmental
Restoration, Defense-wide.
(c) Use of Funds.--The Environmental Protection Agency
shall use the amount transferred under subsection (a) to pay
costs incurred by the Agency at the Moses Lake Wellfield
Superfund Site.
SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN
COSTS IN CONNECTION WITH THE ARCTIC SURPLUS
SUPERFUND SITE, FAIRBANKS, ALASKA.
(a) Authority To Reimburse.--
(1) Transfer amount.--Using funds described in
subsection (b), the Secretary of Defense may,
notwithstanding section 2215 of title 10, United States
Code, transfer not more than $186,625.38 to the
Hazardous Substance Superfund.
(2) Purpose of reimbursement.--The payment under
paragraph (1) is to reimburse the Environmental
Protection Agency for costs incurred pursuant to the
agreement known as ``In the Matter of Arctic Surplus
Superfund Site, U.S. EPA Docket Number CERCLA-10-2003-
0114: Administrative Order on Consent for Remedial
Design and Remedial Action'', entered into by the
Department of Defense and the Environmental Protection
Agency on December 11, 2003.
(b) Source of Funds.--Any payment under subsection (a)
shall be made using funds authorized to be appropriated by
section 301(16) for operation and maintenance for Environmental
Restoration, Defense-wide.
(c) Use of Funds.--The Environmental Protection Agency
shall use the amount transferred under subsection (a) to pay
costs incurred by the Agency pursuant to the agreement
described in paragraph (2) of such subsection.
SEC. 313. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED
PENALTIES IN CONNECTION WITH JACKSON PARK HOUSING
COMPLEX, WASHINGTON.
(a) Authority To Transfer Funds.--
(1) Transfer amount.--Using funds described in
subsection (b), the Secretary of the Navy may,
notwithstanding section 2215 of title 10, United States
Code, transfer not more than $40,000.00 to the
Hazardous Substance Superfund.
(2) Purpose of transfer.--The payment under
paragraph (1) is to pay a stipulated penalty assessed
by the Environmental Protection Agency on October 25,
2005, against the Jackson Park Housing Complex,
Washington, for the failure by the Navy to timely
submit a draft final Phase II Remedial 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).
(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.
(c) Use of Funds.--The amount transferred under subsection
(a) shall be used by the Environmental Protection Agency to pay
the penalty described under paragraph (2) of such subsection.
SEC. 314. REPORT ON CONTROL OF THE BROWN TREE SNAKE.
(a) Findings.--Congress finds the following:
(1) The brown tree snake (Boiga irregularis), an
invasive species, is found in significant numbers on
military installations and in other areas on Guam, and
constitutes a serious threat to the ecology of Guam.
(2) If introduced into Hawaii, the Commonwealth of
the Northern Mariana Islands, or the continental United
States, the brown tree snake would pose an immediate
and serious economic and ecological threat.
(3) The most probable vector for the introduction
of the brown tree snake into Hawaii, the Commonwealth
of the Northern Mariana Islands, or the continental
United States is the movement from Guam of military
aircraft, personnel, and cargo, including the household
goods of military personnel and other military assets.
(4) It is probable that the movement of military
aircraft, personnel, and cargo, including the household
goods of military personnel, from Guam to Hawaii, the
Commonwealth of the Northern Mariana Islands, or the
continental United States will increase significantly
coincident with the increase in the number of military
units and personnel stationed on Guam.
(5) Current policies, programs, procedures, and
dedicated resources of the Department of Defense and of
other departments and agencies of the United States may
not be sufficient to adequately address the management,
control, and eradication of the brown tree snake on
Guam and the increasing threat of the introduction of
the brown tree snake from Guam into Hawaii, the
Commonwealth of the Northern Mariana Islands, the
continental United States, or other non-native
environments.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on the following:
(1) The actions currently being taken (including
the resources being made available) by the Department
of Defense to control, and to develop new or existing
techniques to control, the brown tree snake on Guam and
to prevent the introduction of the brown tree snake
into Hawaii, the Commonwealth of the Northern Mariana
Island, the continental United States, or any other
non-native environment as a result of the movement from
Guam of military aircraft, personnel, and cargo,
including the household goods of military personnel and
other military assets. Such actions shall include any
actions taken by the Department of Defense to implement
the recommendations of the Brown Treesnake Review Panel
commissioned by the Department of the Interior, as
contained in the Review Panel's final report entitled
``Review of Brown Treesnake Problems and Control
Programs'' published in March 2005.
(2) Current plans for enhanced future actions,
policies, and procedures and increased levels of
resources in order to ensure that the projected
increase of military personnel stationed on Guam does
not increase the threat of introduction of the brown
tree snake from Guam into Hawaii, the Commonwealth of
the Northern Mariana Islands, the continental United
States, or other non-native environments.
(3) The results of management, control, and
eradication carried out by the Secretary of Defense, in
consultation with the Secretary of the Interior, before
the date on which the report is submitted with respect
to brown tree snakes through the integrated natural
resource management plans prepared for military
installations in Guam under the pilot program
authorized by section 101(g) of the Sikes Act (16
U.S.C. 670a(g)).
SEC. 315. NOTIFICATION OF CERTAIN RESIDENTS AND CIVILIAN EMPLOYEES AT
CAMP LEJEUNE, NORTH CAROLINA, OF EXPOSURE TO
DRINKING WATER CONTAMINATION.
(a) Notification of Individuals Served by Tarawa Terrace
Water Distribution System, Including Knox Trailer Park.--Not
later than one year after the date of the enactment of this
Act, the Secretary of the Navy shall make reasonable efforts to
identify and notify directly individuals who were served by the
Tarawa Terrace Water Distribution System, including Knox
Trailer Park, at Camp Lejeune, North Carolina, during the years
1958 through 1987 that they may have been exposed to drinking
water contaminated with tetrachloroethylene (PCE).
(b) Notification of Individuals Served by Hadnot Point
Water Distribution System.--Not later than one year after the
Agency for Toxic Substances and Disease Registry (ATSDR)
completes its water modeling study of the Hadnot Point water
distribution system, the Secretary of the Navy shall make
reasonable efforts to identify and notify directly individuals
who were served by the system during the period identified in
the study of the drinking water contamination to which they may
have been exposed.
(c) Notification of Former Civilian Employees at Camp
Lejeune.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Navy shall make
reasonable efforts to identify and notify directly civilian
employees who worked at Camp Lejeune during the period
identified in the ATSDR drinking water study of the drinking
water contamination to which they may have been exposed.
(d) Circulation of Health Survey.--
(1) Findings.--Congress makes the following
findings:
(A) Notification and survey efforts related
to the drinking water contamination described
in this section are necessary due to the
potential negative health impacts of these
contaminants.
(B) The Secretary of the Navy will not be
able to identify or contact all former
residents and former employees due to the
condition, non-existence, or accessibility of
records.
(C) It is the intent of Congress that the
Secretary of the Navy contact as many former
residents and former employees as quickly as
possible.
(2) ATSDR health survey.--
(A) Development.--
(i) In general.--Not later than 120
days after the date of the enactment of
this Act, the ATSDR, in consultation
with a well-qualified contractor
selected by the ATSDR, shall develop a
health survey that would voluntarily
request of individuals described in
subsections (a), (b), and (c) personal
health information that may lead to
scientifically useful health
information associated with exposure to
trichloroethylene (TCE), PCE, vinyl
chloride, and the other contaminants
identified in the ATSDR studies that
may provide a basis for further
reliable scientific studies of
potentially adverse health impacts of
exposure to contaminated water at Camp
Lejeune.
(ii) Funding.--The Secretary of the
Navy is authorized to provide from
available funds the necessary funding
for the ATSDR to develop the health
survey.
(B) Inclusion with notification.--The
survey developed under subparagraph (A) shall
be distributed by the Secretary of the Navy
concurrently with the direct notification
required under subsections (a), (b), and (c).
(e) Use of Media To Supplement Notification.--The Secretary
of the Navy may use media notification as a supplement to
direct notification of individuals described under subsections
(a), (b), and (c). Media notification may reach those
individuals not identifiable via remaining records. Once
individuals respond to media notifications, the Secretary will
add them to the contact list to be included in future
information updates.
Subtitle C--Workplace and Depot Issues
SEC. 321. AVAILABILITY OF FUNDS IN DEFENSE INFORMATION SYSTEMS AGENCY
WORKING CAPITAL FUND FOR TECHNOLOGY UPGRADES TO
DEFENSE INFORMATION SYSTEMS NETWORK.
(a) In General.--Notwithstanding section 2208 of title 10,
United States Code, funds in the Defense Information Systems
Agency Working Capital Fund may be used for expenses directly
related to technology upgrades to the Defense Information
Systems Network.
(b) Limitation on Certain Projects.--Funds may not be used
under subsection (a) for--
(1) any technology insertion to the Defense
Information Systems Network that significantly changes
the performance envelope of an end item; or
(2) any component with an estimated total cost in
excess of $500,000.
(c) Limitation in Fiscal Year Pending Timely Report.--If in
any fiscal year the report required by paragraph (1) of
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--
(1) beginning on the date specified in paragraph
(2) of subsection (d); and
(2) ending on the date of the submittal of the
report under paragraph (1) of subsection (d).
(d) Annual Report.--
(1) In general.--The Director of the Defense
Information Systems Agency shall submit to the
congressional defense committees each fiscal year a
report on the use of the authority in subsection (a)
during the preceding fiscal year.
(2) Deadline for submittal.--The report required by
paragraph (1) in a fiscal year shall be submitted not
later than 60 days after the date of the submittal to
Congress of the budget of the President for the
succeeding fiscal year pursuant to section 1105 of
title 31, United States Code.
(e) Sunset.--The authority in subsection (a) shall expire
on October 1, 2011.
SEC. 322. MODIFICATION TO PUBLIC-PRIVATE COMPETITION REQUIREMENTS
BEFORE CONVERSION TO CONTRACTOR PERFORMANCE.
(a) Comparison of Retirement System Costs.--Section
2461(a)(1) of title 10, United States Code, is amended--
(1) in subparagraph (F), by striking ``and'' at the
end;
(2) by redesignating subparagraph (G) as
subparagraph (H); and
(3) by inserting after subparagraph (F) the
following new subparagraph (G):
``(G) requires that the contractor shall not
receive an advantage for a proposal that would reduce
costs for the Department of Defense by--
``(i) not making an employer-sponsored
health insurance plan (or payment that could be
used in lieu of such a plan), health savings
account, or medical savings account available
to the workers who are to be employed to
perform the function under the contract;
``(ii) offering to such workers an
employer-sponsored health benefits plan that
requires the employer to contribute less
towards the premium or subscription share than
the amount that is paid by the Department of
Defense for health benefits for civilian
employees of the Department under chapter 89 of
title 5; or
``(iii) offering to such workers a
retirement benefit that, in any year, costs
less than the annual retirement cost factor
applicable to civilian employees of the
Department of Defense under chapter 84 of title
5; and''.
(b) Conforming Amendments.--Such title is further amended--
(1) by striking section 2467; and
(2) in section 2461--
(A) by redesignating subsections (b)
through (d) as subsections (c) through (e),
respectively; and
(B) by inserting after subsection (a) the
following new subsection (b):
``(b) Requirement to Consult DOD Employees.--(1) Each
officer or employee of the Department of Defense responsible
for determining under Office of Management and Budget Circular
A-76 whether to convert to contractor performance any function
of the Department of Defense--
``(A) shall, at least monthly during the
development and preparation of the performance work
statement and the management efficiency study used in
making that determination, consult with civilian
employees who will be affected by that determination
and consider the views of such employees on the
development and preparation of that statement and that
study; and
``(B) may consult with such employees on other
matters relating to that determination.
``(2)(A) In the case of employees represented by a labor
organization accorded exclusive recognition under section 7111
of title 5, consultation with representatives of that labor
organization shall satisfy the consultation requirement in
paragraph (1).
``(B) In the case of employees other than employees
referred to in subparagraph (A), consultation with appropriate
representatives of those employees shall satisfy the
consultation requirement in paragraph (1).
``(C) The Secretary of Defense shall prescribe regulations
to carry out this subsection. The regulations shall include
provisions for the selection or designation of appropriate
representatives of employees referred to in subparagraph (B)
for purposes of the consultation required by paragraph (1).''.
(c) Technical Amendments.--Section 2461 of such title, as
amended by this section, is further amended--
(1) in subsection (a)(1)--
(A) in subparagraph (B), by inserting after
``2003'' the following: ``, or any successor
circular''; and
(B) in subparagraph (D), by striking ``and
reliability'' and inserting ``, reliability,
and timeliness''; and
(2) in subsection (c)(2), as redesignated by
subsection (b)(2), by inserting ``of'' after
``examination''.
(d) Clerical Amendment.--The table of sections at the
beginning of chapter 146 of such title is amended by striking
the item relating to section 2467.
SEC. 323. PUBLIC-PRIVATE COMPETITION AT END OF PERIOD SPECIFIED IN
PERFORMANCE AGREEMENT NOT REQUIRED.
Section 2461(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(4) A military department or Defense Agency may not be
required to conduct a public-private competition under Office
of Management and Budget Circular A-76 or any other provision
of law at the end of the performance period specified in a
letter of obligation or other agreement entered into with
Department of Defense civilian employees pursuant to a public-
private competition for any function of the Department of
Defense performed by Department of Defense civilian
employees.''.
SEC. 324. GUIDELINES ON INSOURCING NEW AND CONTRACTED OUT FUNCTIONS.
(a) Codification and Revision of Requirement for
Guidelines.--
(1) In general.--Chapter 146 of title 10, United
States Code, is amended by inserting after section 2462
the following new section:
``Sec. 2463. Guidelines and procedures for use of civilian employees to
perform Department of Defense functions
``(a) Guidelines Required.--(1) The Under Secretary of
Defense for Personnel and Readiness shall devise and implement
guidelines and procedures to ensure that consideration is given
to using, on a regular basis, Department of Defense civilian
employees to perform new functions and functions that are
performed by contractors and could be performed by Department
of Defense civilian employees. The Secretary of a military
department may prescribe supplemental regulations, if the
Secretary determines such regulations are necessary for
implementing such guidelines within that military department.
``(2) The guidelines and procedures required under
paragraph (1) may not include any specific limitation or
restriction on the number of functions or activities that may
be converted to performance by Department of Defense civilian
employees.
``(b) Special Consideration for Certain Functions.--The
guidelines and procedures required under subsection (a) shall
provide for special consideration to be given to using
Department of Defense civilian employees to perform any
function that--
``(1) is performed by a contractor and--
``(A) has been performed by Department of
Defense civilian employees at any time during
the previous 10 years;
``(B) is a function closely associated with
the performance of an inherently governmental
function;
``(C) has been performed pursuant to a
contract awarded on a non-competitive basis; or
``(D) has been performed poorly, as
determined by a contracting officer during the
five-year period preceding the date of such
determination, because of excessive costs or
inferior quality; or
``(2) is a new requirement, with particular
emphasis given to a new requirement that is similar to
a function previously performed by Department of
Defense civilian employees or is a function closely
associated with the performance of an inherently
governmental function.
``(c) Exclusion of Certain Functions From Competitions.--
The Secretary of Defense may not conduct a public-private
competition under this chapter, Office of Management and Budget
Circular A-76, or any other provision of law or regulation
before--
``(1) in the case of a new Department of Defense
function, assigning the performance of the function to
Department of Defense civilian employees;
``(2) in the case of any Department of Defense
function described in subsection (b), converting the
function to performance by Department of Defense
civilian employees; or
``(3) in the case of a Department of Defense
function performed by Department of Defense civilian
employees, expanding the scope of the function.
``(d) Use of Flexible Hiring Authority.--(1) The Secretary
of Defense may use the flexible hiring authority available to
the Secretary under the National Security Personnel System, as
established pursuant to section 9902 of title 5, to facilitate
the performance by Department of Defense civilian employees of
functions described in subsection (b).
``(2) The Secretary shall make use of the inventory
required by section 2330a(c) of this title for the purpose of
identifying functions that should be considered for performance
by Department of Defense civilian employees pursuant to
subsection (b).
``(e) Definitions.--In this section the term `functions
closely associated with inherently governmental functions' has
the meaning given that term in section 2383(b)(3) of this
title.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by inserting
after the item relating to section 2462 the following
new item:
``2463. Guidelines and procedures for use of civilian employees to
perform Department of Defense functions.''.
(3) Deadline for issuance of guidelines and
procedures.--The Secretary of Defense shall implement
the guidelines and procedures required under section
2463 of title 10, United States Code, as added by
paragraph (1), by not later than 60 days after the date
of the enactment of this Act.
(b) Inspector General Report.--Not later than 180 days
after the date of the enactment of this Act, the Inspector
General of the Department of Defense shall submit to the
congressional defense committees a report on the implementation
of this section and the amendments made by this section.
(c) Conforming Repeal.--The National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163) is amended by
striking section 343.
SEC. 325. RESTRICTION ON OFFICE OF MANAGEMENT AND BUDGET INFLUENCE OVER
DEPARTMENT OF DEFENSE PUBLIC-PRIVATE COMPETITIONS.
(a) Restriction on Office of Management and Budget.--The
Office of Management and Budget may not direct or require the
Secretary of Defense or the Secretary of a military department
to prepare for, undertake, continue, or complete a public-
private competition or direct conversion of a Department of
Defense function to performance by a contractor under Office of
Management and Budget Circular A-76, or any other successor
regulation, directive, or policy.
(b) Restriction on Secretary of Defense.--The Secretary of
Defense or the Secretary of a military department may not
prepare for, undertake, continue, or complete a public-private
competition or direct conversion of a Department of Defense
function to performance by a contractor under Office of
Management and Budget Circular A-76, or any other successor
regulation, directive, or policy by reason of any direction or
requirement provided by the Office of Management and Budget.
(c) Inspector General Review.--
(1) Comprehensive review required.--The Inspector
General of the Department of Defense shall conduct a
comprehensive review of the compliance of the Secretary
of Defense and the Secretaries of the military
departments with the requirements of this section
during calendar year 2008. The Inspector General shall
submit to the congressional defense committees the
following reports on the comprehensive review:
(A) An interim report, to be submitted by
not later than 90 days after the date of the
enactment of this Act.
(B) A final report, to be submitted by not
later than December 31, 2008.
(2) Inspector general access.--For the purpose of
determining compliance with the requirements of this
section, the Secretary of Defense shall ensure that the
Inspector General has access to all Department records
of relevant communications between Department officials
and officials of other departments and agencies of the
Federal Government, whether such communications
occurred inside or outside of the Department.
SEC. 326. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER OFFICE OF
MANAGEMENT AND BUDGET CIRCULAR A-76.
(a) Eligibility To Protest Public-Private Competitions.--
Section 3551(2) of title 31, United States Code, is amended to
read as follows:
``(2) The term `interested party'--
``(A) with respect to a contract or a
solicitation or other request for offers
described in paragraph (1), means an actual or
prospective bidder or offeror whose direct
economic interest would be affected by the
award of the contract or by failure to award
the contract; and
``(B) with respect to a public-private
competition conducted under Office of
Management and Budget Circular A-76 with
respect to the performance of an activity or
function of a Federal agency, or a decision to
convert a function performed by Federal
employees to private sector performance without
a competition under Office of Management and
Budget Circular A-76, includes--
``(i) any official who submitted
the agency tender in such competition;
and
``(ii) any one individual who, for
the purpose of representing the Federal
employees engaged in the performance of
the activity or function for which the
public-private competition is conducted
in a protest under this subchapter that
relates to such public-private
competition, has been designated as the
agent of the Federal employees by a
majority of such employees.''.
(b) Expedited Action.--
(1) In general.--Subchapter V of chapter 35 of such
title is amended by adding at the end the following new
section:
``Sec. 3557. Expedited action in protests of Public-Private
competitions
``For any protest of a public-private competition conducted
under Office of Management and Budget Circular A-76 with
respect to the performance of an activity or function of a
Federal agency, the Comptroller General shall administer the
provisions of this subchapter in the manner best suited for
expediting the final resolution of the protest and the final
action in the public-private competition.''.
(2) Clerical amendment.--The chapter analysis at
the beginning of such chapter is amended by inserting
after the item relating to section 3556 the following
new item:
``3557. Expedited action in protests of public-private competitions.''.
(c) Right To Intervene in Civil Action.--Section 1491(b) of
title 28, United States Code, is amended by adding at the end
the following new paragraph:
``(5) If an interested party who is a member of the private
sector commences an action described in paragraph (1) with
respect to a public-private competition conducted under Office
of Management and Budget Circular A-76 regarding the
performance of an activity or function of a Federal agency, or
a decision to convert a function performed by Federal employees
to private sector performance without a competition under
Office of Management and Budget Circular A-76, then an
interested party described in section 3551(2)(B) of title 31
shall be entitled to intervene in that action.''.
(d) Applicability.--Subparagraph (B) of section 3551(2) of
title 31, United States Code (as added by subsection (a)), and
paragraph (5) of section 1491(b) of title 28, United States
Code (as added by subsection (c)), shall apply to--
(1) a protest or civil action that challenges final
selection of the source of performance of an activity
or function of a Federal agency that is made pursuant
to a study initiated under Office of Management and
Budget Circular A-76 on or after January 1, 2004; and
(2) any other protest or civil action that relates
to a public-private competition initiated under Office
of Management and Budget Circular A-76, or to a
decision to convert a function performed by Federal
employees to private sector performance without a
competition under Office of Management and Budget
Circular A-76, on or after the date of the enactment of
this Act.
SEC. 327. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE CONVERSION TO
CONTRACTOR PERFORMANCE.
(a) In General.--The Office of Federal Procurement Policy
Act (41 U.S.C. 403 et seq.) is amended by adding at the end the
following new section:
``SEC. 43. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE CONVERSION TO
CONTRACTOR PERFORMANCE.
``(a) Public-Private Competition.--(1) A function of an
executive agency performed by 10 or more agency civilian
employees may not be converted, in whole or in part, to
performance by a contractor unless the conversion is based on
the results of a public-private competition that--
``(A) formally compares the cost of performance of
the function by agency civilian employees with the cost
of performance by a contractor;
``(B) creates an agency tender, including a most
efficient organization plan, in accordance with Office
of Management and Budget Circular A-76, as implemented
on May 29, 2003, or any successor circular;
``(C) includes the issuance of a solicitation;
``(D) determines whether the submitted offers meet
the needs of the executive agency with respect to
factors other than cost, including quality,
reliability, and timeliness;
``(E) examines the cost of performance of the
function by agency civilian employees and the cost of
performance of the function by one or more contractors
to demonstrate whether converting to performance by a
contractor will result in savings to the Government
over the life of the contract, including--
``(i) the estimated cost to the Government
(based on offers received) for performance of
the function by a contractor;
``(ii) the estimated cost to the Government
for performance of the function by agency
civilian employees; and
``(iii) an estimate of all other costs and
expenditures that the Government would incur
because of the award of such a contract;
``(F) requires continued performance of the
function by agency civilian employees unless the
difference in the cost of performance of the function
by a contractor compared to the cost of performance of
the function by agency civilian employees would, over
all performance periods required by the solicitation,
be equal to or exceed the lesser of--
``(i) 10 percent of the personnel-related
costs for performance of that function in the
agency tender; or
``(ii) $10,000,000; and
``(G) examines the effect of performance of the
function by a contractor on the agency mission
associated with the performance of the function.
``(2) A function that is performed by the executive agency
and is reengineered, reorganized, modernized, upgraded,
expanded, or changed to become more efficient, but still
essentially provides the same service, shall not be considered
a new requirement.
``(3) In no case may a function being performed by
executive agency personnel be--
``(A) modified, reorganized, divided, or in any way
changed for the purpose of exempting the conversion of
the function from the requirements of this section; or
``(B) converted to performance by a contractor to
circumvent a civilian personnel ceiling.
``(b) Requirement To Consult Employees.--(1) Each civilian
employee of an executive agency responsible for determining
under Office of Management and Budget Circular A-76 whether to
convert to contractor performance any function of the executive
agency--
``(A) shall, at least monthly during the
development and preparation of the performance work
statement and the management efficiency study used in
making that determination, consult with civilian
employees who will be affected by that determination
and consider the views of such employees on the
development and preparation of that statement and that
study; and
``(B) may consult with such employees on other
matters relating to that determination.
``(2)(A) In the case of employees represented by a labor
organization accorded exclusive recognition under section 7111
of title 5, United States Code, consultation with
representatives of that labor organization shall satisfy the
consultation requirement in paragraph (1).
``(B) In the case of employees other than employees
referred to in subparagraph (A), consultation with appropriate
representatives of those employees shall satisfy the
consultation requirement in paragraph (1).
``(C) The head of each executive agency shall prescribe
regulations to carry out this subsection. The regulations shall
include provisions for the selection or designation of
appropriate representatives of employees referred to in
paragraph (2)(B) for purposes of consultation required by
paragraph (1).
``(c) Congressional Notification.--(1) Before commencing a
public-private competition under subsection (a), the head of an
executive agency shall submit to Congress a report containing
the following:
``(A) The function for which such public-private
competition is to be conducted.
``(B) The location at which the function is
performed by agency civilian employees.
``(C) The number of agency civilian employee
positions potentially affected.
``(D) The anticipated length and cost of the
public-private competition, and a specific
identification of the budgetary line item from which
funds will be used to cover the cost of the public-
private competition.
``(E) A certification that a proposed performance
of the function by a contractor is not a result of a
decision by an official of an executive agency to
impose predetermined constraints or limitations on such
employees in terms of man years, end strengths, full-
time equivalent positions, or maximum number of
employees.
``(2) The report required under paragraph (1) shall include
an examination of the potential economic effect of performance
of the function by a contractor on--
``(A) agency civilian employees who would be
affected by such a conversion in performance; and
``(B) the local community and the Government, if
more than 50 agency civilian employees perform the
function.
``(3)(A) A representative individual or entity at a
facility where a public-private competition is conducted may
submit to the head of the executive agency an objection to the
public private competition on the grounds that the report
required by paragraph (1) has not been submitted or that the
certification required by paragraph (1)(E) is not included in
the report submitted as a condition for the public private
competition. The objection shall be in writing and shall be
submitted within 90 days after the following date:
``(i) In the case of a failure to submit the report
when required, the date on which the representative
individual or an official of the representative entity
authorized to pose the objection first knew or should
have known of that failure.
``(ii) In the case of a failure to include the
certification in a submitted report, the date on which
the report was submitted to Congress.
``(B) If the head of the executive agency determines that
the report required by paragraph (1) was not submitted or that
the required certification was not included in the submitted
report, the function for which the public-private competition
was conducted for which the objection was submitted may not be
the subject of a solicitation of offers for, or award of, a
contract until, respectively, the report is submitted or a
report containing the certification in full compliance with the
certification requirement is submitted.
``(d) Exemption for the Purchase of Products and Services
of the Blind and Other Severely Handicapped Persons.--This
section shall not apply to a commercial or industrial type
function of an executive agency that--
``(1) is included on the procurement list
established pursuant to section 2 of the Javits-Wagner-
O'Day Act (41 U.S.C. 47); or
``(2) is planned to be changed to performance by a
qualified nonprofit agency for the blind or by a
qualified nonprofit agency for other severely
handicapped persons in accordance with that Act.
``(e) Inapplicability During War or Emergency.--The
provisions of this section shall not apply during war or during
a period of national emergency declared by the President or
Congress.''.
(b) Clerical Amendment.--The table of sections in section
1(b) of such Act is amended by adding at the end the following
new item:
``Sec. 43. Public-private competition required before conversion to
contractor performance.''.
SEC. 328. EXTENSION OF AUTHORITY FOR ARMY INDUSTRIAL FACILITIES TO
ENGAGE IN COOPERATIVE ACTIVITIES WITH NON-ARMY
ENTITIES.
(a) Extension of Authority.--Section 4544 of title 10,
United States Code, is amended--
(1) in subsection (a), by adding at the end the
following: ``This authority may be used to enter into
not more than eight contracts or cooperative
agreements.''; and
(2) in subsection (k), by striking ``2009'' and
inserting ``2014''.
(b) Reports.--
(1) Annual report on use of authority.--The
Secretary of the Army shall submit to Congress at the
same time the budget of the President is submitted to
Congress for fiscal years 2009 through 2016 under
section 1105 of title 31, United States Code, a report
on the use of the authority provided under section 4544
of title 10, United States Code.
(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.
SEC. 329. REAUTHORIZATION AND MODIFICATION OF MULTI-TRADES
DEMONSTRATION PROJECT.
(a) Reauthorization and Expansion.--Section 338 of the
National Defense Authorization Act for Fiscal Year 2004 (Public
Law 108-136; 10 U.S.C. 5013 note) is amended--
(1) by striking subsection (a) and inserting the
following new subsection (a):
``(a) Demonstration Project Authorized.--In accordance with
section 4703 of title 5, United States Code, the Secretary of a
military department may carry out a demonstration project under
which workers who are certified at the journey level as able to
perform multiple trades may be promoted by one grade level. A
demonstration project under this subsection may be carried out
as follows:
``(1) In the case of the Secretary of the Army, at
one Army depot.
``(2) In the case of the Secretary of the Navy, at
one Navy Fleet Readiness Center.
``(3) In the case of the Secretary of the Air
Force, at one Air Force Logistics Center.'';
(2) in subsection (b)--
(A) by striking ``a Naval Aviation Depot''
and inserting ``an Air Force Air Logistics
Center, Navy Fleet Readiness Center, or Army
depot''; and
(B) by striking ``Secretary'' and inserting
``Secretary of the military department
concerned'';
(3) by striking subsection (d) and redesignating
subsections (e) through (g) as subsections (d) through
(f), respectively;
(4) in subsection (d), as so redesignated, by
striking ``2004 through 2006'' and inserting ``2008
through 2013'';
(5) in subsection (e), as so redesignated--
(A) by striking ``2007'' and inserting
``2014'';
(B) by inserting after ``Secretary'' the
following ``of each military department that
carried out a demonstration project under this
section''; and
(C) by adding at the end the following new
sentence: ``Each such report shall include the
Secretary's recommendation on whether permanent
multi-trade authority should be authorized.'';
and
(6) in subsection (f), as so redesignated--
(A) in the first sentence, by striking
``The Secretary'' and inserting ``Each
Secretary who submits a report under subsection
(e)''; and
(B) in the second sentence--
(i) by striking ``receiving the
report'' and inserting ``receiving a
report''; and
(ii) by striking ``evaluation of
the report'' and inserting ``evaluation
of that report''.
(b) Clerical Amendment.--The heading for such section is
amended to read as follows:
``SEC. 338. MULTI-TRADES DEMONSTRATION PROJECT.''.
SEC. 330. PILOT PROGRAM FOR AVAILABILITY OF WORKING-CAPITAL FUNDS TO
ARMY FOR CERTAIN PRODUCT IMPROVEMENTS.
(a) In General.--Notwithstanding section 2208 of title 10,
United States Code, the Secretary of the Army may use a
working-capital fund established pursuant to that section for
expenses directly related to conducting a pilot program for a
product improvement described in subsection (b).
(b) Product Improvement.--A product improvement covered by
the pilot program is the procurement and installation of a
component or subsystem of a weapon system platform or major end
item that would improve the reliability and maintainability,
extend the useful life, enhance safety, lower maintenance
costs, or provide performance enhancement of the weapon system
platform or major end item.
(c) Limitation on Certain Projects.--Funds may not be used
under subsection (a) for--
(1) any product improvement that significantly
changes the performance envelope of an end item; or
(2) any component with an estimated total cost in
excess of $1,000,000.
(d) Limitation in Fiscal Year Pending Timely Report.--If
during any fiscal year the report required by paragraph (1) of
subsection (e) is not submitted by the date specified in
paragraph (3) of that subsection, funds may not be used under
subsection (a) in such fiscal year during the period--
(1) beginning on the date specified in paragraph
(3) of subsection (e); and
(2) ending on the date of the submittal of the
report under paragraph (1) of subsection (e).
(e) Annual Report.--
(1) In general.--Each fiscal year, the Assistant
Secretary of the Army for Acquisition, Logistics, and
Technology, in consultation with the Assistant
Secretary of the Army for Financial Management and
Comptroller, shall submit to the congressional defense
committees a report on the use of the authority in
subsection (a) during the preceding fiscal year.
(2) Recommendation.--In the case of the report
required to be submitted under paragraph (1) during
fiscal year 2012, the report shall include the
recommendation of the Assistant Secretary of the Army
for Acquisition, Logistics, and Technology regarding
whether the authority under subsection (a) should be
made permanent.
(3) Deadline for submittal.--The report required by
paragraph (1) in a fiscal year shall be submitted not
later than 60 days after the date of the submittal to
Congress of the budget of the President for the
succeeding fiscal year pursuant to section 1105 of
title 31, United States Code.
(f) Sunset.--The authority under subsection (a) shall
expire on October 1, 2013.
Subtitle D--Extension of Program Authorities
SEC. 341. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.
Section 343 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (10 U.S.C. 4551 note) is
amended--
(1) in subsection (a), by striking ``2008'' and
inserting ``2010''; and
(2) in subsection (g)(1), by striking ``2008'' and
inserting ``2010''.
SEC. 342. EXTENSION OF PERIOD FOR REIMBURSEMENT FOR HELMET PADS
PURCHASED BY MEMBERS OF THE ARMED FORCES DEPLOYED
IN CONTINGENCY OPERATIONS.
(a) Extension.--Section 351 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375; 118 Stat. 1857) is amended--
(1) in subsection (a)(3), by inserting before the
period at the end the following: ``, or in the case of
protective helmet pads purchased by a member from a
qualified vendor for that member's personal use, ending
on September 30, 2007'';
(2) in subsection (c)--
(A) by inserting after ``Armed Forces'' the
following: ``shall comply with regular
Department of Defense procedures for the
submission of claims and''; and
(B) by inserting before the period at the
end the following: ``or one year after the date
on which the purchase of the protective,
safety, or health equipment was made, whichever
occurs last''; and
(3) in subsection (d), by adding at the end the
following new sentence: ``Subsection (a)(1) shall not
apply in the case of the purchase of protective helmet
pads on behalf of a member.''.
(b) Funding.--Amounts for reimbursements made under section
351 of the Ronald W. Reagan National Defense Authorization Act
for Fiscal Year 2005 after the date of the enactment of this
Act shall be derived from supplemental appropriations for the
Department of Defense for fiscal year 2008, contingent upon
such appropriations being enacted.
SEC. 343. EXTENSION OF TEMPORARY AUTHORITY FOR CONTRACT PERFORMANCE OF
SECURITY GUARD FUNCTIONS.
(a) Extension.--Subsection (c) of section 332 of the Bob
Stump National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314) is amended by striking ``September 30,
2009'' both places it appears and inserting ``September 30,
2012''.
(b) Limitation for Fiscal Years 2010 Through 2012.--
Subsection (d) of such section is amended--
(1) in paragraph (2), by striking ``and'' at the
end;
(2) in paragraph (3), by striking the period and
inserting a semicolon; and
(3) by adding at the end the following new
paragraphs:
``(4) for fiscal year 2010, the number equal to 70
percent of the total number of such personnel employed
under such contracts on October 1, 2006;
``(5) for fiscal year 2011, the number equal to 60
percent of the total number of such personnel employed
under such contracts on October 1, 2006; and
``(6) for fiscal year 2012, the number equal to 50
percent of the total number of such personnel employed
under such contracts on October 1, 2006.''.
Subtitle E--Reports
SEC. 351. REPORTS ON NATIONAL GUARD READINESS FOR EMERGENCIES AND MAJOR
DISASTERS.
(a) Annual Reports on Equipment.--Section 10541(b) of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(9) An assessment of the extent to which the
National Guard possesses the equipment required to
perform the responsibilities of the National Guard
pursuant to sections 331, 332, 333, 12304(b), and 12406
of this title in response to an emergency or major
disaster (as such terms are defined in section 102 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)). Such assessment
shall--
``(A) identify any shortfall in equipment
provided to the National Guard by the
Department of Defense throughout the United
States and the territories and possessions of
the United States that is likely to affect the
ability of the National Guard to perform such
responsibilities;
``(B) evaluate the effect of any such
shortfall on the capacity of the National Guard
to perform such responsibilities in response to
an emergency or major disaster that occurs in
the United States or a territory or possession
of the United States; and
``(C) identify the requirements and
investment strategies for equipment provided to
the National Guard by the Department of Defense
that are necessary to plan for a reduction or
elimination of any such shortfall.''.
(b) Inclusion of Assessment of National Guard Readiness in
Quarterly Personnel and Unit Readiness Report.--Section 482 of
such title is amended--
(1) in subsection (a), by striking ``and (e)'' and
inserting ``(e), and (f)'';
(2) by redesignating subsection (f) as subsection
(g); and
(3) by inserting after subsection (e) the following
new subsection (f):
``(f) Readiness of National Guard To Perform Civil Support
Missions.--(1) Each report shall also include an assessment of
the readiness of the National Guard to perform tasks required
to support the National Response Plan for support to civil
authorities.
``(2) Any information in an assessment under this
subsection that is relevant to the National Guard of a
particular State shall also be made available to the Governor
of that State.
``(3) The Secretary shall ensure that each State Governor
has an opportunity to provide to the Secretary an independent
evaluation of that State's National Guard, which the Secretary
shall include with each assessment submitted under this
subsection.''.
(c) Effective Date.--
(1) Annual report on national guard and reserve
component equipment.--The amendment made by subsection
(a) shall apply with respect to reports submitted after
the date of the enactment of this Act.
(2) Quarterly reports on personnel and unit
readiness.--The amendment made by subsection (b) shall
apply with respect to the quarterly report required
under section 482 of title 10, United States Code, for
the second quarter of fiscal year 2009 and each
subsequent report required under that section.
(d) Report on Implementation.--
(1) In general.--As part of the budget
justification materials submitted to Congress in
support of the budget of the President for each of
fiscal years 2009 and 2010 (as submitted under section
1105 of title 31, United States Code), the Secretary of
Defense shall submit to the congressional defense
committees a report on actions taken by the Secretary
to implement the amendments made by this section.
(2) Elements.--Each report required under paragraph
(1) shall include a description of the mechanisms to be
utilized by the Secretary for assessing the personnel,
equipment, and training readiness of the National
Guard, including the standards and measures that will
be applied and mechanisms for sharing information on
such matters with the Governors of the States.
SEC. 352. ANNUAL REPORT ON PREPOSITIONED MATERIEL AND EQUIPMENT.
(a) Annual Report Required.--Chapter 131 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2229a. Annual report on prepositioned materiel and equipment
``(a) Annual Report Required.--Not later than the date of
the submission of the President's budget request for a fiscal
year under section 1105 of title 31, the Secretary of Defense
shall submit to the congressional defense committees a report
on the status of the materiel in the prepositioned stocks as of
the end of the fiscal year preceding the fiscal year during
which the report is submitted. Each report shall be
unclassified and may contain a classified annex. Each report
shall include the following information:
``(1) The level of fill for major end items of
equipment and spare parts in each prepositioned set as
of the end of the fiscal year covered by the report.
``(2) The material condition of equipment in the
prepositioned stocks as of the end of such fiscal year,
grouped by category or major end item.
``(3) A list of major end items of equipment drawn
from the prepositioned stocks during such fiscal year
and a description of how that equipment was used and
whether it was returned to the stocks after being used.
``(4) A timeline for completely reconstituting any
shortfall in the prepositioned stocks.
``(5) An estimate of the amount of funds required
to completely reconstitute any shortfall in the
prepositioned stocks and a description of the
Secretary's plan for carrying out such complete
reconstitution.
``(6) A list of any operations plan affected by any
shortfall in the prepositioned stocks and a description
of any action taken to mitigate any risk that such a
shortfall may create.
``(b) Comptroller General Review.--(1) By not later than
120 days after the date on which a report is submitted under
subsection (a), the Comptroller General shall review the report
and, as the Comptroller General determines appropriate, submit
to the congressional defense committees any additional
information that the Comptroller General determines will
further inform such committees on issues relating to the status
of the materiel in the prepositioned stocks.
``(2) The Secretary of Defense shall ensure the full
cooperation of the Department of Defense with the Comptroller
General for purposes of the conduct of the review required by
this subsection, both before and after each report is submitted
under subsection (a). The Secretary shall conduct periodic
briefings for the Comptroller General on the information
covered by each report required under subsection (a) and
provide to the Comptroller General access to the data and
preliminary results to be used by the Secretary in preparing
each such report before the Secretary submits the report to
enable the Comptroller General to conduct each review required
under paragraph (1) in a timely manner.
``(3) The requirement to conduct a review under this
subsection shall terminate on September 30, 2015.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2229a. Annual report on prepositioned materiel and equipment.''.
SEC. 353. REPORT ON INCREMENTAL COST OF EARLY 2007 ENHANCED DEPLOYMENT.
Section 323(b)(2) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2146; 10 U.S.C. 229 note) is amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(3) by adding at the end the following new
subparagraph:
``(C) each of the military departments for
the incremental changes in reset costs
resulting from the deployment and redeployment
of forces to Iraq and Afghanistan above the
levels deployed to such countries on January 1,
2007.''.
SEC. 354. MODIFICATION OF REQUIREMENTS OF COMPTROLLER GENERAL REPORT ON
THE READINESS OF ARMY AND MARINE CORPS GROUND
FORCES.
(a) Submittal Date.--Subsection (a)(1) of section 345 of
the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2156) is amended by
striking ``June 1, 2007'' and inserting ``June 1, 2008''.
(b) Elements.--Subsection (b) of such section is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3) through (7) as
paragraphs (4) through (8), respectively; and
(3) by inserting after paragraph (1) the following
new paragraphs:
``(2) An assessment of the ability of the Army and
Marine Corps to provide trained and ready forces to
meet the requirements of increased force levels in
support of Operation Iraqi Freedom and Operation
Enduring Freedom above such force levels in effect on
January 1, 2007, and to meet the requirements of other
ongoing operations simultaneously with such increased
force levels.
``(3) An assessment of the strategic depth of the
Army and Marine Corps and their ability to provide
trained and ready forces to meet the requirements of
the high-priority contingency war plans of the regional
combatant commands, including an identification and
evaluation for each such plan of--
``(A) the strategic and operational risks
associated with current and projected forces of
current and projected readiness;
``(B) the time required to make forces
available and prepare them for deployment; and
``(C) likely strategic tradeoffs necessary
to meet the requirements of each such plan.''.
(c) Department of Defense Cooperation.--Such section is
further amended--
(1) by redesignating subsection (c) as subsection
(d); and
(2) by inserting after subsection (b) the following
new subsection (c):
``(c) Department of Defense Cooperation.--The Secretary of
Defense shall ensure the full cooperation of the Department of
Defense with the Comptroller General for purposes of the
preparation of the report required by this section.''.
SEC. 355. PLAN TO IMPROVE READINESS OF GROUND FORCES OF ACTIVE AND
RESERVE COMPONENTS.
(a) Report Required.--At the same time that the budget is
submitted under section 1105(a) of title 31, United States
Code, for a fiscal year, the Secretary of Defense shall submit
to the congressional defense committees a report on improving
the readiness of the ground forces of active and reserve
components of the Armed Forces. Each such report shall
include--
(1) a summary of the readiness of each reporting
unit of the ground forces of the active and reserve
components and a summary of the readiness of each major
combat unit of each Armed Force by readiness level;
(2) an identification of the extent to which the
actual readiness ratings of the active and reserve
components of the Armed Forces have been upgraded based
on the judgment of commanders and any efforts of the
Secretary of Defense to analyze the trends and
implications of such upgrades;
(3) the goals of the Secretary of Defense for
managing the readiness of the ground forces of the
active and reserve components, expressed in terms of
the number of units or percentage of the force that the
Secretary plans to maintain at each level of readiness,
and the Secretary's projected timeframe for achieving
each such goal;
(4) a prioritized list of items and actions to be
accomplished during the fiscal year during which the
report is submitted, and during the fiscal years
covered by the future-years defense program, that the
Secretary of Defense believes are necessary to
significantly improve the readiness of the ground
forces of the active and reserve components and achieve
the goals and timeframes described in paragraph (3);
and
(5) a detailed investment strategy and plan for
each fiscal year covered by the future-years defense
program under section 221 of title 10, United States
Code, that is submitted during the fiscal year in which
the report is submitted, that outlines the resources
required to improve the readiness of the ground forces
of the active and reserve components, including a
description of how each resource identified in such
plan relates to funding requested by the Secretary in
the Secretary's annual budget, and how each such
resource will specifically enable the Secretary to
achieve the readiness goals described in paragraph (3)
within the projected timeframes.
(b) Comptroller General Review.--By not later than 60 days
after the date on which a report is submitted under subsection
(a), the Comptroller General shall review the report and, as
the Comptroller General determines appropriate, submit to the
congressional defense committees any additional information
that the Comptroller General determines will further inform the
congressional defense committees on issues relating to the
readiness of the ground forces of the active and reserve
components of the Armed Forces.
(c) Termination.--The requirement to submit a report under
subsection (a) shall terminate on the date the Secretary of
Defense submits the fifth report required under that
subsection.
SEC. 356. INDEPENDENT ASSESSMENT OF CIVIL RESERVE AIR FLEET VIABILITY.
(a) Independent Assessment Required.--The Secretary of
Defense shall provide for an independent assessment of the
viability of the Civil Reserve Air Fleet to be conducted by a
federally-funded research and development center selected by
the Secretary.
(b) Contents of Assessment.--The assessment required by
subsection (a) shall include each of the following:
(1) An assessment of the Civil Reserve Air Fleet as
of the date of the enactment of this Act, including an
assessment of--
(A) the level of increased use of
commercial assets to fulfill Department of
Defense transportation requirements as a result
of the increased global mobility requirements
in response to the terrorist attacks of
September 11, 2001;
(B) the extent of charter air carrier
participation in fulfilling increased
Department of Defense transportation
requirements as a result of the increased
global mobility requirements in response to the
terrorist attacks of September 11, 2001;
(C) any policy of the Secretary of Defense
to limit the percentage of income a single air
carrier participating in the Civil Reserve Air
Fleet may earn under contracts with the
Secretary during any calendar year and the
effects of such policy on the air carrier
industry in peacetime and during periods during
which the Armed Forces are deployed in support
of a contingency operation for which the Civil
Reserve Air Fleet is not activated; and
(D) any risks to the charter air carrier
industry as a result of the expansion of the
industry in response to contingency operations
resulting in increased demand by the Department
of Defense.
(2) A strategic assessment of the viability of the
Civil Reserve Air Fleet that compares such viability as
of the date of the enactment of this Act with the
projected viability of the Civil Reserve Air Fleet
five, ten, and 15 years after the date of the enactment
of this Act, including for activations at each of
stages 1, 2, and 3--
(A) an examination of the requirements of
the Department of Defense for the Civil Reserve
Air Fleet for the support of operational and
contingency plans, including any anticipated
changes in the Department's organic airlift
capacity, logistics concepts, and personnel and
training requirements;
(B) an assessment of air carrier
participation in the Civil Reserve Air Fleet;
and
(C) a comparison between the requirements
of the Department described in subparagraph (A)
and air carrier participation described in
subparagraph (B).
(3) An examination of any perceived barriers to
Civil Reserve Air Fleet viability, including--
(A) the operational planning system of the
Civil Reserve Air Fleet;
(B) the reward system of the Civil Reserve
Air Fleet;
(C) the long-term affordability of the
Aviation War Risk Insurance Program;
(D) the effect on United States air
carriers operating overseas routes during
periods of Civil Reserve Air Fleet activation;
(E) increased foreign ownership of United
States air carriers;
(F) increased operational costs during
activation as a result of hazardous duty pay,
routing delays, and inefficiencies in cargo
handling by the Department of Defense;
(G) the effect of policy initiatives by the
Secretary of Transportation to encourage
international code sharing and alliances; and
(H) the effect of limitations imposed by
the Secretary of Defense to limit commercial
shipping options for certain routes and package
sizes.
(4) Recommendations for improving the Civil Reserve
Air Fleet program, including an assessment of potential
incentives for increasing participation in the Civil
Reserve Air Fleet program, including establishing a
minimum annual purchase amount during peacetime.
(c) Submission to Congress.--Upon the completion of the
assessment required under subsection (a) and by not later than
April 1, 2008, the Secretary shall submit to the congressional
defense committees a report on the assessment.
(d) Comptroller General Report.--Not later than 90 days
after the report is submitted under subsection (c), the
Comptroller General shall conduct a review of the assessment
required under subsection (a).
SEC. 357. DEPARTMENT OF DEFENSE INSPECTOR GENERAL REPORT ON PHYSICAL
SECURITY OF DEPARTMENT OF DEFENSE INSTALLATIONS.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Inspector General of the Department
of Defense shall submit to Congress a report on the physical
security of Department of Defense installations and resources.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An analysis of the progress in implementing
requirements under the Physical Security Program as set
forth in the Department of Defense Instruction 5200.08-
R, Chapter 2 (C.2) and Chapter 3, Section 3:
Installation Access (C3.3), which mandates the policies
and minimum standards for the physical security of
Department of Defense installations and resources.
(2) Recommendations based on the findings of the
Comptroller General of the United States in the report
required by section 344 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-366; 120 Stat. 2155).
(3) Recommendations based on the lessons learned
from the thwarted plot to attack Fort Dix, New Jersey,
in 2007.
SEC. 358. REVIEW OF HIGH-ALTITUDE AVIATION TRAINING.
(a) Review Required.--The Secretary of the Defense shall
conduct a review of the training requirements of the Department
of Defense for helicopter operations in high-altitude or power-
limited conditions.
(b) Content.--The review required under subsection (a)
shall include an examination of--
(1) power-management and high-altitude training
requirements by military department, helicopter, and
crew position;
(2) training methods and locations currently used
by each of the military departments to fulfill those
training requirements;
(3) department or service regulations that prohibit
or inhibit joint-service or inter-service high-altitude
aviation training;
(4) costs for each of the previous five years
associated with transporting aircraft to and from the
High-Altitude Aviation Training Site, Gypsum, Colorado,
for training purposes;
(5) potential risk avoidance and reductions in
accident rates due to power management if training of
the type offered at the High-Altitude Aviation Training
Site was required training, rather than optional
training; and
(6) potential cost savings and operational
benefits, if any, of permanently stationing no less
than 4 UH-60, 2 CH-47, and 2 LUH-72 aircraft at the
High-Altitude Aviation Training Site, Gypsum, Colorado.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the conduct and
findings of the review required under subsection (a) along with
a summary of changes to policy, regulation, or asset allocation
necessary to ensure that Department of Defense helicopter
aircrews are adequately trained in high-altitude or power-
limited flying conditions prior to being exposed to such
conditions operationally.
SEC. 359. REPORTS ON SAFETY MEASURES AND ENCROACHMENT ISSUES AND MASTER
PLAN FOR WARREN GROVE GUNNERY RANGE, NEW JERSEY.
(a) Annual Report on Safety Measures.--Not later than March
1, 2008, and annually thereafter for two additional years, the
Secretary of the Air Force shall submit to the congressional
defense committees a report on efforts made by all of the
military departments utilizing the Warren Grove Gunnery Range,
New Jersey, to provide the highest level of safety.
(b) Master Plan for Warren Grove Gunnery Range.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the
Air Force shall submit to the congressional defense
committees a master plan for Warren Grove Gunnery
Range.
(2) Content.--The master plan required under
paragraph (1) shall include measures to mitigate
encroachment of the Warren Grove Gunnery Range, taking
into consideration military mission requirements, land
use plans, the surrounding community, the economy of
the region, and protection of the environment and
public health, safety, and welfare.
(3) Input.--In establishing the master plan
required under paragraph (1), the Secretary shall seek
input from relevant stakeholders at the Federal, State,
and local level.
SEC. 360. REPORT ON SEARCH AND RESCUE CAPABILITIES OF THE AIR FORCE IN
THE NORTHWESTERN UNITED STATES.
(a) Report.--Not later than April 1, 2008, the Secretary of
the Air Force shall submit to the appropriate congressional
committees a report on the search and rescue capabilities of
the Air Force in the northwestern United States.
(b) Content.--The report required under subsection (a)
shall include the following:
(1) An assessment of the search and rescue
capabilities required to support Air Force operations
and training.
(2) A description of the compliance of the Air
Force with the 1999 United States National Search and
Rescue Plan (referred to hereinafter in this section as
the ``NSRP'') for Washington, Oregon, Idaho, and
Montana.
(3) An inventory and description of the search and
rescue assets of the Air Force that are available to
meet the requirements of the NSRP.
(4) A description of the use of such search and
rescue assets during the three-year period preceding
the date when the report is submitted.
(5) The plans of the Air Force to meet current and
future search and rescue requirements in the
northwestern United States, including plans that take
into consideration requirements related to support for
both Air Force operations and training and compliance
with the NSRP.
(6) An inventory of other search and rescue
capabilities equivalent to such capabilities provided
by the Air Force that may be provided by other Federal,
State, or local agencies in the northwestern United
States.
(c) Use of Report for Purposes of Certification Regarding
Search and Rescue Capabilities.--Section 1085 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375; 118 Stat. 2065; 10 U.S.C. 113 note) is
amended by striking ``unless the Secretary first certifies''
and inserting ``unless the Secretary, after reviewing the
search and rescue capabilities report prepared by the Secretary
of the Air Force under subsection (a), first certifies''.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee
on Homeland Security and Governmental Affairs, the
Committee on Commerce, Science, and Transportation, the
Committee on Energy and Natural Resources, and the
Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee
on Homeland Security, the Committee on Energy and
Commerce, the Committee on Natural Resources, and the
Committee on Appropriations of the House of
Representatives.
SEC. 361. REPORT AND MASTER INFRASTRUCTURE RECAPITALIZATION PLAN FOR
CHEYENNE MOUNTAIN AIR STATION, COLORADO.
(a) Report on Relocation of North American Aerospace
Defense Command Center.--
(1) In general.--Not later than March 1, 2008, the
Secretary of Defense shall submit to Congress a report
on the relocation of the North American Aerospace
Defense Command center and related functions from
Cheyenne Mountain Air Station, Colorado, to Peterson
Air Force Base, Colorado.
(2) Content.--The report required under paragraph
(1) shall include--
(A) an analysis comparing the total costs
associated with the relocation, including costs
determined as part of ongoing security-related
studies of the relocation, to anticipated
operational benefits from the relocation;
(B) a detailed explanation of the backup
functions that will remain located at Cheyenne
Mountain Air Station, and how such functions
planned to be transferred out of Cheyenne
Mountain Air Station, including the Space
Operations Center, will maintain operational
connectivity with their related commands and
relevant communications centers;
(C) the final plans for the relocation of
the North American Aerospace Defense Command
center and related functions; and
(D) the findings and recommendations of an
independent security and vulnerability
assessment of Peterson Air Force Base carried
out by Sandia National Laboratory for the
United States Air Force Space Command and the
Secretary's plans for mitigating any security
and vulnerability risks identified as part of
that assessment and associated cost and
schedule estimates.
(b) Limitation on Availability of Funds Pending Receipt of
Report.--Of the funds appropriated pursuant to an authorization
of appropriations or otherwise made available for fiscal year
2008 for operation and maintenance for the Air Force that are
available for the Cheyenne Mountain Transformation project,
$5,000,000 may not be obligated or expended until Congress
receives the report required under subsection (a).
(c) Comptroller General Review.--Not later than 120 days
after the date on which the Secretary of Defense submits the
report required under subsection (a), the Comptroller General
shall submit to Congress a review of the report and the final
plans of the Secretary for the relocation of the North American
Aerospace Defense Command center and related functions.
(d) Master Infrastructure Recapitalization Plan.--
(1) In general.--Not later than March 16, 2008, the
Secretary of the Air Force shall submit to Congress a
master infrastructure recapitalization plan for
Cheyenne Mountain Air Station.
(2) Content.--The plan required under paragraph (1)
shall include--
(A) a description of the projects that are
needed to improve the infrastructure required
for supporting missions associated with
Cheyenne Mountain Air Station; and
(B) a funding plan explaining the expected
timetable for the Air Force to support such
projects.
Subtitle F--Other Matters
SEC. 371. ENHANCEMENT OF CORROSION CONTROL AND PREVENTION FUNCTIONS
WITHIN DEPARTMENT OF DEFENSE.
(a) Office of Corrosion Policy and Oversight.--
(1) In general.--Section 2228 of title 10, United
States Code, is amended by striking the section heading
and subsection (a) and inserting the following:
``Sec. 2228. Office of Corrosion Policy and Oversight
``(a) Office and Director.--(1) There is an Office of
Corrosion Policy and Oversight within the Office of the Under
Secretary of Defense for Acquisition, Technology, and
Logistics.
``(2) The Office shall be headed by a Director of Corrosion
Policy and Oversight, who shall be assigned to such position by
the Under Secretary from among civilian employees of the
Department of Defense with the qualifications described in
paragraph (3). The Director is responsible in the Department of
Defense to the Secretary of Defense (after the Under Secretary
of Defense for Acquisition, Technology, and Logistics) for the
prevention and mitigation of corrosion of the military
equipment and infrastructure of the Department of Defense. The
Director shall report directly to the Under Secretary.
``(3) In order to qualify to be assigned to the position of
Director, an individual shall--
``(A) have management expertise in, and
professional experience with, corrosion project and
policy implementation, including an understanding of
the effects of corrosion policies on infrastructure;
research, development, test, and evaluation; and
maintenance; and
``(B) have an understanding of Department of
Defense budget formulation and execution, policy
formulation, and planning and program requirements.
``(4) The Secretary of Defense shall designate the position
of Director as a critical acquisition position under section
1733(b)(1)(C) of this title.''.
(2) Conforming amendments.--Section 2228(b) of such
title is amended--
(A) in paragraph (1), by striking
``official or organization designated under
subsection (a)'' and inserting ``Director of
Corrosion Policy and Oversight (in this section
referred to as the `Director')''; and
(B) in paragraphs (2), (3), (4), and (5),
by striking ``designated official or
organization'' and inserting ``Director''.
(b) Additional Authority for Director of Office.--Section
2228 of such title is further amended--
(1) by redesignating subsections (c) and (d) as
subsections (d) and (f), respectively; and
(2) by inserting after subsection (b) the following
new subsection:
``(c) Additional Authorities for Director.--The Director is
authorized to--
``(1) develop, update, and coordinate corrosion
training with the Defense Acquisition University;
``(2) participate in the process within the
Department of Defense for the development of relevant
directives and instructions; and
``(3) interact directly with the corrosion
prevention industry, trade associations, other
government corrosion prevention agencies, academic
research and educational institutions, and scientific
organizations engaged in corrosion prevention,
including the National Academy of Sciences.''.
(c) Inclusion of Cooperative Research Agreements as Part of
Corrosion Reduction Strategy.--Subsection (d)(2)(D) of section
2228 of such title, as redesignated by subsection (b), is
amended by inserting after ``operational strategies'' the
following: ``, including through the establishment of memoranda
of agreement, joint funding agreements, public-private
partnerships, university research and education centers, and
other cooperative research agreements''.
(d) Report Requirement.--Section 2228 of such title is
further amended by inserting after subsection (d) (as
redesignated by subsection (b)) the following new subsection:
``(e) Report.--(1) For each budget for a fiscal year,
beginning with the budget for fiscal year 2009, the Secretary
of Defense shall submit, with the defense budget materials, a
report on the following:
``(A) Funding requirements for the long-term
strategy developed under subsection (d).
``(B) The return on investment that would be
achieved by implementing the strategy.
``(C) The funds requested in the budget compared to
the funding requirements.
``(D) An explanation if the funding requirements
are not fully funded in the budget.
``(2) Within 60 days after submission of the budget for a
fiscal year, the Comptroller General shall provide to the
congressional defense committees--
``(A) an analysis of the budget submission for
corrosion control and prevention by the Department of
Defense; and
``(B) an analysis of the report required under
paragraph (1).''.
(e) Definitions.--Subsection (f) of section 2228 of such
title, as redesignated by subsection (b), is amended by adding
at the end the following new paragraphs:
``(4) The term `budget', with respect to a fiscal
year, means the budget for that fiscal year that is
submitted to Congress by the President under section
1105(a) of title 31.
``(5) The term `defense budget materials', with
respect to a fiscal year, means the materials submitted
to Congress by the Secretary of Defense in support of
the budget for that fiscal year.''.
(f) Clerical Amendment.--The table of sections at the
beginning of chapter 131 of such title is amended by striking
the item relating to section 2228 and inserting the following
new item:
``2228. Office of Corrosion Policy and Oversight.''.
SEC. 372. AUTHORITY FOR DEPARTMENT OF DEFENSE TO PROVIDE SUPPORT FOR
CERTAIN SPORTING EVENTS.
(a) Provision of Support.--Section 2564 of title 10, United
States Code, is amended--
(1) in subsection (c), by adding at the end the
following new paragraphs:
``(4) A sporting event sanctioned by the United
States Olympic Committee through the Paralympic
Military Program.
``(5) Any national or international paralympic
sporting event (other than a sporting event described
in paragraphs (1) through (4))--
``(A) that--
``(i) is held in the United States
or any of its territories or
commonwealths;
``(ii) is governed by the
International Paralympic Committee; and
``(iii) is sanctioned by the United
States Olympic Committee;
``(B) for which participation exceeds 100
amateur athletes; and
``(C) in which at least 10 percent of the
athletes participating in the sporting event
are members or former members of the armed
forces who are participating in the sporting
event based upon an injury or wound incurred in
the line of duty in the armed force and
veterans who are participating in the sporting
event based upon a service-connected
disability.''; and
(2) by adding at the end the following new
subsection:
``(g) Funding for Support of Certain Events.--(1) Amounts
for the provision of support for a sporting event described in
paragraph (4) or (5) of subsection (c) may be derived from the
Support for International Sporting Competitions, Defense
account established by section 5802 of the Omnibus Consolidated
Appropriations Act, 1997 (Public Law 104-208; 10 U.S.C. 2564
note), notwithstanding any limitation under that section
relating to the availability of funds in such account for the
provision of support for international sporting competitions.
``(2) The total amount expended for any fiscal year to
provide support for sporting events described in subsection
(c)(5) may not exceed $1,000,000.''.
(b) Source of Funds.--Section 5802 of the Omnibus
Consolidated Appropriations Act, 1997 (Public Law 104-208; 10
U.S.C. 2564 note) is amended--
(1) by inserting after ``international sporting
competitions'' the following: ``and for support of
sporting competitions authorized under section
2564(c)(4) and (5), of title 10, United States Code,'';
and
(2) by striking ``45 days'' and inserting ``15
days''.
SEC. 373. AUTHORITY TO IMPOSE REASONABLE RESTRICTIONS ON PAYMENT OF
FULL REPLACEMENT VALUE FOR LOST OR DAMAGED PERSONAL
PROPERTY TRANSPORTED AT GOVERNMENT EXPENSE.
Section 2636a(d) of title 10, United States Code, is
amended by adding at the end the following new sentence: ``The
regulations may include a requirement that a member of the
armed forces or civilian employee of the Department of Defense
comply with reasonable restrictions or conditions prescribed by
the Secretary in order to receive the full amount deducted
under subsection (b).''.
SEC. 374. PRIORITY TRANSPORTATION ON DEPARTMENT OF DEFENSE AIRCRAFT OF
RETIRED MEMBERS RESIDING IN COMMONWEALTHS AND
POSSESSIONS OF THE UNITED STATES FOR CERTAIN HEALTH
CARE SERVICES.
(a) Availability of Transportation.--Chapter 157 of title
10, United States Code, is amended by inserting after section
2641a the following new section:
``Sec. 2641b. Space-available travel on Department of Defense aircraft:
retired members residing in Commonwealths and
possessions of the United States for certain health
care services
``(a) Priority Transportation.--The Secretary of Defense
shall provide transportation on Department of Defense aircraft
on a space-available basis for any member or former member of
the uniformed services described in subsection (b), and a
single dependent of the member if needed to accompany the
member, at a priority level in the same category as the
priority level for an unaccompanied dependent over the age of
18 traveling on environmental and morale leave.
``(b) Eligible Members and Former Members.--A member or
former member eligible for priority transport under subsection
(a) is a covered beneficiary under chapter 55 of this title
who--
``(1) is entitled to retired or retainer pay;
``(2) resides in or is located in a Commonwealth or
possession of the United States; and
``(3) is referred by a military or civilian primary
care provider located in that Commonwealth or
possession to a specialty care provider for services to
be provided outside of that Commonwealth or possession.
``(c) Scope of Priority.--The increased priority for space-
available transportation required by subsection (a) applies
with respect to both--
``(1) the travel from the Commonwealth or
possession of the United States to receive the
specialty care services; and
``(2) the return travel.
``(d) Definitions.--In this section, the terms `primary
care provider' and `specialty care provider' refer to a medical
or dental professional who provides health care services under
chapter 55 of this title.
``(e) Regulations.--The Secretary of Defense shall
prescribe regulations to implement this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2641a the following new item:
``2641b. Space-available travel on Department of Defense aircraft:
retired members residing in Commonwealths and possessions of
the United States for certain health care services.''.
SEC. 375. RECOVERY OF MISSING MILITARY PROPERTY.
(a) In General.--Chapter 165 of title 10, United States
Code, is amended by adding at the end the following new
sections:
``Sec. 2788. Property accountability: regulations
``The Secretary of a military department may prescribe
regulations for the accounting for the property of that
department and the fixing of responsibility for that property.
``Sec. 2789. Individual equipment: unauthorized disposition
``(a) Prohibition.--No member of the armed forces may sell,
lend, pledge, barter, or give any clothing, arms, or equipment
furnished to such member by the United States to any person
other than a member of the armed forces or an officer of the
United States who is authorized to receive it.
``(b) Seizure of Improperly Disposed Property.--If a member
of the armed forces has disposed of property in violation of
subsection (a) and the property is in the possession of a
person who is neither a member of the armed forces nor an
officer of the United States who is authorized to receive it,
that person has no right to or interest in the property, and
any civil or military officer of the United States may seize
the property, wherever found, subject to applicable
regulations. Possession of such property furnished by the
United States to a member of the armed forces by a person who
is neither a member of the armed forces, nor an officer of the
United States, is prima facie evidence that the property has
been disposed of in violation of subsection (a).
``(c) Delivery of Seized Property.--If an officer who
seizes property under subsection (b) is not authorized to
retain it for the United States, the officer shall deliver the
property to a person who is authorized to retain it.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new items:
``2788. Property accountability: regulations.
``2789. Individual equipment: unauthorized disposition.''.
(c) Conforming Amendments.--
(1) In general.--Such title is further amended by
striking the following sections:
(A) Section 4832.
(B) Section 4836.
(C) Section 9832.
(D) Section 9836.
(2) Clerical amendments.--
(A) Chapter 453.--The table of sections at
the beginning of chapter 453 of such title is
amended by striking the items relating to
sections 4832 and 4836.
(B) Chapter 953.--The table of sections at
the beginning of chapter 953 of such title is
amended by striking the items relating to
sections 9832 and 9836.
SEC. 376. RETENTION OF COMBAT UNIFORMS BY MEMBERS OF THE ARMED FORCES
DEPLOYED IN SUPPORT OF CONTINGENCY OPERATIONS.
(a) Retention of Combat Uniforms.--Chapter 152 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2568. Retention of combat uniforms by members deployed in
support of contingency operations
``The Secretary of a military department may authorize a
member of the armed forces under the jurisdiction of the
Secretary who has been deployed in support of a contingency
operation for at least 30 days to retain, after that member is
no longer so deployed, the combat uniform issued to that member
as organizational clothing and individual equipment.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2568. Retention of combat uniforms by members deployed in support of
contingency operations.''.
SEC. 377. ISSUE OF SERVICEABLE MATERIAL OF THE NAVY OTHER THAN TO ARMED
FORCES.
(a) In General.--Part IV of subtitle C of title 10, United
States Code, is amended by adding at the end the following new
chapter:
``CHAPTER 667--ISSUE OF SERVICEABLE MATERIAL OTHER THAN TO ARMED FORCES
``Sec.
``7911. Arms, tentage, and equipment: educational institutions not
maintaining units of R.O.T.C.
``7912. Rifles and ammunition for target practice: educational
institutions having corps of midshipmen.
``7913. Supplies: military instruction camps.
``Sec. 7911. Arms, tentage, and equipment: educational institutions not
maintaining units of R.O.T.C.
``Under such conditions as he may prescribe, the Secretary
of the Navy may issue arms, tentage, and equipment that the
Secretary considers necessary for proper military training, to
any educational institution at which no unit of the Reserve
Officers' Training Corps is maintained, but which has a course
in military training prescribed by the Secretary and which has
at least 50 physically fit students over 14 years of age.
``Sec. 7912. Rifles and ammunition for target practice: educational
institutions having corps of midshipmen
``(a) Authority To Lend.--The Secretary of the Navy may
lend, without expense to the United States, magazine rifles and
appendages that are not of the existing service models in use
at the time and that are not necessary for a proper reserve
supply, to any educational institution having a uniformed corps
of midshipmen of sufficient number for target practice. The
Secretary may also issue 40 rounds of ball cartridges for each
midshipman for each range at which target practice is held, but
not more than 120 rounds each year for each midshipman
participating in target practice.
``(b) Responsibilities of Institutions.--The institutions
to which property is lent under subsection (a) shall--
``(1) use the property for target practice;
``(2) take proper care of the property; and
``(3) return the property when required.
``(c) Regulations.--The Secretary of the Navy shall
prescribe regulations to carry out this section, containing
such other requirements as he considers necessary to safeguard
the interests of the United States.
``Sec. 7913. Supplies: military instruction camps
``Under such conditions as he may prescribe, the Secretary
of the Navy may issue, to any educational institution at which
an officer of the naval service is detailed as professor of
naval science, such supplies as are necessary to establish and
maintain a camp for the military instruction of its students.
The Secretary shall require a bond in the value of the property
issued under this section, for the care and safekeeping of that
property and except for property properly expended, for its
return when required.''.
(b) Clerical Amendment.--The table of chapters at the
beginning of subtitle C of such title, and the table of
chapters at the beginning of part IV of such subtitle, are each
amended by inserting after the item relating to chapter 665 the
following new item:
``667. Issue of serviceable material other than to Armed Forces.7911.''.
SEC. 378. REAUTHORIZATION OF AVIATION INSURANCE PROGRAM.
Section 44310 of title 49, United States Code, is amended
by striking ``March 30, 2008'' and inserting ``December 31,
2013''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Additional authority for increases of Army and Marine Corps
active duty end strengths for fiscal years 2009 and 2010.
Sec. 404. Increase in authorized strengths for Army officers on active
duty in the grade of major.
Sec. 405. Increase in authorized strengths for Navy officers on active
duty in the grades of lieutenant commander, commander, and
captain.
Sec. 406. Increase in authorized daily average of number of members in
pay grade E-9.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2008 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Sec. 416. Future authorizations and accounting for certain reserve
component personnel authorized to be on active duty or full-
time National Guard duty to provide operational support.
Sec. 417. Revision of variances authorized for Selected Reserve end
strengths.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
(a) In General.--The Armed Forces are authorized strengths
for active duty personnel as of September 30, 2008, as follows:
(1) The Army, 525,400.
(2) The Navy, 329,098.
(3) The Marine Corps, 189,000.
(4) The Air Force, 329,563.
(b) Limitation.--
(1) Army.--The authorized strength for the Army
provided in paragraph (1) of subsection (a) for active
duty personnel for fiscal year 2008 is subject to the
condition that costs of active duty personnel of the
Army for that fiscal year in excess of 489,400 shall be
paid out of funds authorized to be appropriated for
that fiscal year by section 1514.
(2) Marine corps.--The authorized strength for the
Marine Corps provided in paragraph (3) of subsection
(a) for active duty personnel for fiscal year 2008 is
subject to the condition that costs of active duty
personnel of the Marine Corps for that fiscal year in
excess of 180,000 shall be paid out of funds authorized
to be appropriated for that fiscal year by section
1514.
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
Section 691(b) of title 10, United States Code, is amended
by striking paragraphs (1) through (4) and inserting the
following new paragraphs:
``(1) For the Army, 525,400.
``(2) For the Navy, 328,400.
``(3) For the Marine Corps, 189,000.
``(4) For the Air Force, 328,600.''.
SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY AND MARINE CORPS
ACTIVE DUTY END STRENGTHS FOR FISCAL YEARS 2009 AND
2010.
(a) Authority to Increase Army Active Duty End Strengths.--
For each of fiscal years 2009 and 2010, the Secretary of
Defense may, as the Secretary determines necessary for the
purposes described in subsection (c), establish the active-duty
end strength for the Army at a number greater than the number
otherwise authorized by law up to the number equal to the
fiscal-year 2008 baseline plus 22,000.
(b) Marine Corps.--For each of fiscal years 2009 and 2010,
the Secretary of Defense may, as the Secretary determines
necessary for the purposes described in subsection (c),
establish the active-duty end strength for the Marine Corps at
a number greater than the number otherwise authorized by law up
to the number equal to the fiscal-year 2008 baseline plus
13,000.
(c) Purpose of Increases.--The purposes for which increases
may be made in Army and Marine Corps active duty end strengths
under this section are--
(1) to support operational missions; and
(2) to achieve transformational reorganization
objectives, including objectives for increased numbers
of combat brigades and battalions, increased unit
manning, force stabilization and shaping, and
rebalancing of the active and reserve component forces.
(d) Relationship to Presidential Waiver Authority.--Nothing
in this section shall be construed to limit the President's
authority under section 123a of title 10, United States Code,
to waive any statutory end strength in a time of war or
national emergency.
(e) Relationship to Other Variance Authority.--The
authority under this section is in addition to the authority to
vary authorized end strengths that is provided in subsections
(e) and (f) of section 115 of title 10, United States Code.
(f) Budget Treatment.--
(1) Fiscal years 2009 and 2010 budgets.--The budget
for the Department of Defense for fiscal years 2009 and
2010 as submitted to Congress shall comply, with
respect to funding, with subsections (c) and (d) of
section 691 of title 10, United States Code.
(2) Other increases.--If the Secretary of Defense
plans to increase the Army or Marine Corps active duty
end strength for a fiscal year under this section, then
the budget for the Department of Defense for that
fiscal year as submitted to Congress shall include the
amounts necessary for funding that active duty end
strength in excess of the fiscal year 2008 active duty
end strength authorized for that service under section
401.
(g) Definitions.--In this section:
(1) Fiscal-year 2008 baseline.--The term ``fiscal-
year 2008 baseline'', with respect to the Army and
Marine Corps, means the active-duty end strength
authorized for those services in section 401.
(2) Active-duty end strength.--In this subsection,
the term ``active-duty end strength'' means the
strength for active-duty personnel of one of the Armed
Forces as of the last day of a fiscal year.
(h) Repeal of Other Discretionary Authority to Temporarily
Increase Army and Marine Corps Active Duty End Strengths.--
Section 403 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 10
U.S.C. 115 note), as amended by section 403 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2169), is repealed.
SEC. 404. INCREASE IN AUTHORIZED STRENGTHS FOR ARMY OFFICERS ON ACTIVE
DUTY IN THE GRADE OF MAJOR.
The portion of the table in section 523(a)(1) of title 10,
United States Code, relating to the Army is amended to read as
follows:
------------------------------------------------------------------------
``Total number of commissioned Number of officers who may be serving on
officers (excluding officers active duty in grade of:
in categories specified in -----------------------------------------
subsection (b)) on active Lieutenant
duty: Major Colonel Colonel
------------------------------------------------------------------------
Army:
20,000 7,768 5,253 1,613
25,000 8,689 5,642 1,796
30,000 9,611 6,030 1,980
35,000 10,532 6,419 2,163
40,000 11,454 6,807 2,347
45,000 12,375 7,196 2,530
50,000 13,297 7,584 2,713
55,000 14,218 7,973 2,897
60,000 15,140 8,361 3,080
65,000 16,061 8,750 3,264
70,000 16,983 9,138 3,447
75,000 17,903 9,527 3,631
80,000 18,825 9,915 3,814
85,000 19,746 10,304 3,997
90,000 20,668 10,692 4,181
95,000 21,589 11,081 4,364
100,000 22,511 11,469 4,548
110,000 24,354 12,246 4,915
120,000 26,197 13,023 5,281
130,000 28,040 13,800 5,648
170,000 35,412 16,908 7,116''.
------------------------------------------------------------------------
SEC. 405. INCREASE IN AUTHORIZED STRENGTHS FOR NAVY OFFICERS ON ACTIVE
DUTY IN THE GRADES OF LIEUTENANT COMMANDER,
COMMANDER, AND CAPTAIN.
The table in section 523(a)(2) of title 10, United States
Code, is amended to read as follows:
------------------------------------------------------------------------
``Total number of commissioned Number of officers who may be serving on
officers (excluding officers active duty in grade of:
in categories specified in -----------------------------------------
subsection (b)) on active Lieutenant
duty: Commander Commander Captain
------------------------------------------------------------------------
Navy:
30,000 7,698 5,269 2,222
33,000 8,189 5,501 2,334
36,000 8,680 5,733 2,447
39,000 9,172 5,965 2,559
42,000 9,663 6,197 2,671
45,000 10,155 6,429 2,784
48,000 10,646 6,660 2,896
51,000 11,136 6,889 3,007
54,000 11,628 7,121 3,120
57,000 12,118 7,352 3,232
60,000 12,609 7,583 3,344
63,000 13,100 7,813 3,457
66,000 13,591 8,044 3,568
70,000 14,245 8,352 3,718
90,000 17,517 9,890 4,467''.
------------------------------------------------------------------------
SEC. 406. INCREASE IN AUTHORIZED DAILY AVERAGE OF NUMBER OF MEMBERS IN
PAY GRADE E-9.
Section 517(a) of title 10, United States Code, is amended
by striking ``1 percent'' and inserting ``1.25 percent''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 2008, as follows:
(1) The Army National Guard of the United States,
351,300.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 67,800.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States,
106,700.
(6) The Air Force Reserve, 67,500.
(7) The Coast Guard Reserve, 10,000.
(b) End Strength Reductions.--The end strengths prescribed
by subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units
organized to serve as units of the Selected Reserve of
such component which are on active duty (other than for
training) at the end of the fiscal year; and
(2) the total number of individual members not in
units organized to serve as units of the Selected
Reserve of such component who are on active duty (other
than for training or for unsatisfactory participation
in training) without their consent at the end of the
fiscal year.
(c) End Strength Increases.--Whenever units or individual
members of the Selected Reserve of any reserve component are
released from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected
Reserve of such reserve component shall be increased
proportionately by the total authorized strengths of such units
and by the total number of such individual members.
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:
(1) The Army National Guard of the United States,
29,204.
(2) The Army Reserve, 15,870.
(3) The Navy Reserve, 11,579.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States,
13,936.
(6) The Air Force Reserve, 2,721.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as
of the last day of fiscal year 2008 for the reserve components
of the Army and the Air Force (notwithstanding section 129 of
title 10, United States Code) shall be the following:
(1) For the Army Reserve, 8,249.
(2) For the Army National Guard of the United
States, 26,502.
(3) For the Air Force Reserve, 9,909.
(4) For the Air National Guard of the United
States, 22,553.
SEC. 414. FISCAL YEAR 2008 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
(a) Limitations.--
(1) National guard.--Within the limitation provided
in section 10217(c)(2) of title 10, United States Code,
the number of non-dual status technicians employed by
the National Guard as of September 30, 2008, may not
exceed the following:
(A) For the Army National Guard of the
United States, 1,600.
(B) For the Air National Guard of the
United States, 350.
(2) Army reserve.--The number of non-dual status
technicians employed by the Army Reserve as of
September 30, 2008, may not exceed 595.
(3) Air force reserve.--The number of non-dual
status technicians employed by the Air Force Reserve as
of September 30, 2008, may not exceed 90.
(b) Non-Dual Status Technicians Defined.--In this section,
the term ``non-dual status technician'' has the meaning given
that term in section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2008, the maximum number of members of
the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under section
115(b) of title 10, United States Code, is the following:
(1) The Army National Guard of the United States,
17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States,
16,000.
(6) The Air Force Reserve, 14,000.
SEC. 416. FUTURE AUTHORIZATIONS AND ACCOUNTING FOR CERTAIN RESERVE
COMPONENT PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY
OR FULL-TIME NATIONAL GUARD DUTY TO PROVIDE
OPERATIONAL SUPPORT.
(a) Review of Operational Support Missions Performed by
Certain Reserve Component Personnel.--
(1) Review required.--The Secretary of Defense
shall conduct a review of the long-term operational
support missions performed by members of the reserve
components authorized under section 115(b) of title 10,
United States Code, to be on active duty or full-time
National Guard duty for the purpose of providing
operational support, with the objectives of such review
being--
(A) minimizing the number of reserve
component members who perform such service for
a period greater than 1,095 consecutive days,
or cumulatively for 1,095 days out of the
previous 1,460 days; and
(B) determining which long-term operational
support missions being performed by such
members would more appropriately be performed
by members of the Armed Forces on active duty
under other provisions of title 10, United
States Code, or by full-time support personnel
of reserve components.
(2) Submission of results.--Not later than March 1,
2008, the Secretary shall submit to Congress the
results of the review, including a description of the
adjustments in Department of Defense policy to be
implemented as a result of the review and such
recommendations for changes in statute, as the
Secretary considers to be appropriate.
(b) Improved Accounting for Reserve Component Personnel
Providing Operational Support.--Section 115(b) of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(4) As part of the budget justification materials
submitted by the Secretary of Defense to Congress in support of
the end strength authorizations required under subparagraphs
(A) and (B) of subsection (a)(1) for fiscal year 2009 and each
fiscal year thereafter, the Secretary shall provide the
following:
``(A) The number of members, specified by reserve
component, authorized under subparagraphs (A) and (B)
of paragraph (1) who were serving on active duty or
full-time National Guard duty for operational support
beyond each of the limits specified under subparagraphs
(A) and (B) of paragraph (2) at the end of the fiscal
year preceding the fiscal year for which the budget
justification materials are submitted.
``(B) The number of members, specified by reserve
component, on active duty for operational support who,
at the end of the fiscal year for which the budget
justification materials are submitted, are projected to
be serving on active duty or full-time National Guard
duty for operational support beyond such limits.
``(C) The number of members, specified by reserve
component, on active duty or full-time National Guard
duty for operational support who are included in, and
counted against, the end strength authorizations
requested under subparagraphs (A) and (B) of subsection
(a)(1).
``(D) A summary of the missions being performed by
members identified under subparagraphs (A) and (B).''.
SEC. 417. REVISION OF VARIANCES AUTHORIZED FOR SELECTED RESERVE END
STRENGTHS.
Section 115(f)(3) of title 10, United States Code, is
amended by striking ``2 percent'' and inserting ``3 percent''.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
2008 a total of $117,091,420,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 2008.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Assignment of officers to designated positions of importance
and responsibility.
Sec. 502. Enhanced authority for Reserve general and flag officers to
serve on active duty.
Sec. 503. Increase in years of commissioned service threshold for
discharge of probationary officers and for use of force
shaping authority.
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.
Sec. 506. Expansion of authority for reenlistment of officers in their
former enlisted grade.
Sec. 507. Increase in authorized number of permanent professors at the
United States Military Academy.
Sec. 508. Promotion of career military professors of the Navy.
Subtitle B--Reserve Component Management
Sec. 511. Retention of military technicians who lose dual status in the
Selected Reserve due to combat-related disability.
Sec. 512. Constructive service credit upon original appointment of
Reserve officers in certain health care professions.
Sec. 513. Mandatory separation of Reserve officers in the grade of
lieutenant general or vice admiral after completion of 38
years of commissioned service.
Sec. 514. Maximum period of temporary Federal recognition of person as
Army National Guard officer or Air National Guard officer.
Sec. 515. Advance notice to members of reserve components of deployment
in support of contingency operations.
Sec. 516. Report on relief from professional licensure and certification
requirements for reserve component members on long-term active
duty.
Subtitle C--Education and Training
Sec. 521. Revisions to authority to pay tuition for off-duty training or
education.
Sec. 522. Reduction or elimination of service obligation in an Army
Reserve or Army National Guard troop program unit for certain
persons selected as medical students at Uniformed Services
University of the Health Sciences.
Sec. 523. Repeal of annual limit on number of ROTC scholarships under
Army Reserve and Army National Guard financial assistance
program.
Sec. 524. Treatment of prior active service of members in uniformed
medical accession programs.
Sec. 525. Repeal of post-2007-2008 academic year prohibition on phased
increase in cadet strength limit at the United States Military
Academy.
Sec. 526. National Defense University master's degree programs.
Sec. 527. Authority of the Air University to confer degree of master of
science in flight test engineering.
Sec. 528. Enhancement of education benefits for certain members of
reserve components.
Sec. 529. Extension of period of entitlement to educational assistance
for certain members of the Selected Reserve affected by force
shaping initiatives.
Sec. 530. Time limit for use of educational assistance benefit for
certain members of reserve components and resumption of
benefit.
Sec. 531. Secretary of Defense evaluation of the adequacy of the degree-
granting authorities of certain military universities and
educational institutions.
Sec. 532. Report on success of Army National Guard and Reserve Senior
Reserve Officers' Training Corps financial assistance program.
Sec. 533. Report on utilization of tuition assistance by members of the
Armed Forces.
Sec. 534. Navy Junior Reserve Officers' Training Corps unit for
Southold, Mattituck, and Greenport High Schools.
Sec. 535. Report on transfer of administration of certain educational
assistance programs for members of the reserve components.
Subtitle D--Military Justice and Legal Assistance Matters
Sec. 541. Authority to designate civilian employees of the Federal
Government and dependents of deceased members as eligible for
legal assistance from Department of Defense legal staff
resources.
Sec. 542. Authority of judges of the United States Court of Appeals for
the Armed Forces to administer oaths.
Sec. 543. Modification of authorities on senior members of the Judge
Advocate Generals' Corps.
Sec. 544. Prohibition against members of the Armed Forces participating
in criminal street gangs.
Subtitle E--Military Leave
Sec. 551. Temporary enhancement of carryover of accumulated leave for
members of the Armed Forces.
Sec. 552. Enhancement of rest and recuperation leave.
Subtitle F--Decorations and Awards
Sec. 561. Authorization and request for award of Medal of Honor to
Leslie H. Sabo, Jr., for acts of valor during the Vietnam War.
Sec. 562. Authorization and request for award of Medal of Honor to Henry
Svehla for acts of valor during the Korean War.
Sec. 563. Authorization and request for award of Medal of Honor to
Woodrow W. Keeble for acts of valor during the Korean War.
Sec. 564. Authorization and request for award of Medal of Honor to
Private Philip G. Shadrach for acts of valor as one of
Andrews' Raiders during the Civil War.
Sec. 565. Authorization and request for award of Medal of Honor to
Private George D. Wilson for acts of valor as one of Andrews'
Raiders during the Civil War.
Subtitle G--Impact Aid and Defense Dependents Education System
Sec. 571. Continuation of authority to assist local educational agencies
that benefit dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 572. Impact aid for children with severe disabilities.
Sec. 573. Inclusion of dependents of non-department of Defense employees
employed on Federal property in plan relating to force
structure changes, relocation of military units, or base
closures and realignments.
Sec. 574. Payment of private boarding school tuition for military
dependents in overseas areas not served by defense dependents'
education system schools.
Subtitle H--Military Families
Sec. 581. Department of Defense Military Family Readiness Council and
policy and plans for military family readiness.
Sec. 582. Yellow Ribbon Reintegration Program.
Sec. 583. Study to enhance and improve support services and programs for
families of members of regular and reserve components
undergoing deployment.
Sec. 584. Protection of child custody arrangements for parents who are
members of the Armed Forces deployed in support of a
contingency operation.
Sec. 585. Family leave in connection with injured members of the Armed
Forces.
Sec. 586. Family care plans and deferment of deployment of single parent
or dual military couples with minor dependents.
Sec. 587. Education and treatment services for military dependent
children with autism.
Sec. 588. Commendation of efforts of Project Compassion in paying
tribute to members of the Armed Forces who have fallen in the
service of the United States.
Subtitle I--Other Matters
Sec. 590. Uniform performance policies for military bands and other
musical units.
Sec. 591. Transportation of remains of deceased members of the Armed
Forces and certain other persons.
Sec. 592. Expansion of number of academies supportable in any State
under STARBASE program.
Sec. 593. Gift acceptance authority.
Sec. 594. Conduct by members of the Armed Forces and veterans out of
uniform during hoisting, lowering, or passing of United States
flag.
Sec. 595. Annual report on cases reviewed by National Committee for
Employer Support of the Guard and Reserve.
Sec. 596. Modification of Certificate of Release or Discharge from
Active Duty (DD Form 214).
Sec. 597. Reports on administrative separations of members of the Armed
Forces for personality disorder.
Sec. 598. Program to commemorate 50th anniversary of the Vietnam War.
Sec. 599. Recognition of members of the Monuments, Fine Arts, and
Archives program of the Civil Affairs and Military Government
Sections of the Armed Forces during and following World War
II.
Subtitle A--Officer Personnel Policy
SEC. 501. ASSIGNMENT OF OFFICERS TO DESIGNATED POSITIONS OF IMPORTANCE
AND RESPONSIBILITY.
(a) Continuation in Grade While Awaiting Orders.--Section
601(b) of title 10, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph
(3);
(2) by redesignating paragraph (4) as paragraph
(5); and
(3) by inserting after paragraph (3) the following
new paragraph (4):
``(4) at the discretion of the Secretary of
Defense, while the officer is awaiting orders after
being relieved from the position designated under
subsection (a) or by law to carry one of those grades,
but not for more than 60 days beginning on the day the
officer is relieved from the position, unless, during
such period, the officer is placed under orders to
another position designated under subsection (a) or by
law to carry one of those grades, in which case
paragraph (2) will also apply to the officer; and''.
(b) Conforming Amendment Regarding General and Flag Officer
Ceilings.--Section 525(e) of such title is amended by striking
paragraph (2) and inserting the following new paragraph:
``(2) At the discretion of the Secretary of
Defense, an officer of that armed force who has been
relieved from a position designated under section
601(a) of this title or by law to carry one of the
grades specified in such section, but only during the
60-day period beginning on the date on which the
assignment of the officer to the first position is
terminated or until the officer is assigned to a second
such position, whichever occurs first.''.
SEC. 502. ENHANCED AUTHORITY FOR RESERVE GENERAL AND FLAG OFFICERS TO
SERVE ON ACTIVE DUTY.
Section 526(d) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' before ``The
limitations''; and
(2) by adding at the end the following new
paragraph:
``(2) The limitations of this section also do not apply to
a number, as specified by the Secretary of the military
department concerned, of reserve component general or flag
officers authorized to serve on active duty for a period of not
more than 365 days. The number so specified for an armed force
may not exceed the number equal to 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.''.
SEC. 503. INCREASE IN YEARS OF COMMISSIONED SERVICE THRESHOLD FOR
DISCHARGE OF PROBATIONARY OFFICERS AND FOR USE OF
FORCE SHAPING AUTHORITY.
(a) Active-Duty List Officers.--
(1) Extended probationary period.--Paragraph (1)(A)
of section 630 of title 10, United States Code, is
amended by striking ``five years'' and inserting ``six
years''.
(2) Section heading.--The heading of such section
is amended by striking ``five years'' and inserting
``six years''.
(3) Table of sections.--The item relating to such
section in the table of sections at the beginning of
subchapter III of chapter 36 of such title is amended
to read as follows:
``630. Discharge of commissioned officers with less than six years of
active commissioned service or found not qualified for
promotion for first lieutenant or lieutenant (junior
grade).''.
(b) Officer Force Shaping Authority.--Section 647(b)(1) of
such title is amended by striking ``5 years'' both places it
appears and inserting ``six years''.
(c) Reserve Officers.--
(1) Extended probationary period.--Subsection
(a)(1) of section 14503 of such title is amended by
striking ``five years'' and inserting ``six years''.
(2) Section heading.--The heading of such section
is amended by striking ``five years'' and inserting
``six years''.
(3) Table of sections.--The item relating to such
section in the table of sections at the beginning of
chapter 1407 of such title is amended to read as
follows:
``14503. Discharge of officers with less than six years of commissioned
service or found not qualified for promotion to first
lieutenant or lieutenant (junior grade).''.
SEC. 504. MANDATORY RETIREMENT AGE FOR ACTIVE-DUTY GENERAL AND FLAG
OFFICERS CONTINUED ON ACTIVE DUTY.
Section 637(b)(3) of title 10, United States Code, is
amended by striking ``but such period may not (except as
provided under section 1251(b) of this title) extend beyond the
date of the officer's sixty-second birthday'' and inserting
``except as provided under section 1251 or 1253 of this
title''.
SEC. 505. AUTHORITY FOR REDUCED MANDATORY SERVICE OBLIGATION FOR
INITIAL APPOINTMENTS OF OFFICERS IN CRITICALLY
SHORT HEALTH PROFESSIONAL SPECIALTIES.
Section 651 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(c)(1) For the armed forces under the jurisdiction of the
Secretary of Defense, the Secretary may waive the initial
period of required service otherwise established pursuant to
subsection (a) in the case of the initial appointment of a
commissioned officer in a critically short health professional
specialty specified by the Secretary for purposes of this
subsection.
``(2) The minimum period of obligated service for an
officer under a waiver under this subsection shall be the
greater of--
``(A) two years; or
``(B) in the case of an officer who has accepted an
accession bonus or executed a contract or agreement for
the multiyear receipt of special pay for service in the
armed forces, the period of obligated service specified
in such contract or agreement.''.
SEC. 506. EXPANSION OF AUTHORITY FOR REENLISTMENT OF OFFICERS IN THEIR
FORMER ENLISTED GRADE.
(a) Regular Army.--Section 3258 of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking ``a Reserve officer'' and
inserting ``an officer''; and
(B) by striking ``a temporary appointment''
and inserting ``an appointment''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``a
Reserve officer'' and inserting ``an officer'';
and
(B) in paragraph (2), by striking ``the
Reserve commission'' and inserting ``the
commission''.
(b) Regular Air Force.--Section 8258 of such title is
amended--
(1) in subsection (a)--
(A) by striking ``a reserve officer'' and
inserting ``an officer''; and
(B) by striking ``a temporary appointment''
and inserting ``an appointment''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``a
Reserve officer'' and inserting ``an officer'';
and
(B) in paragraph (2), by striking ``the
Reserve commission'' and inserting ``the
commission''.
SEC. 507. INCREASE IN AUTHORIZED NUMBER OF PERMANENT PROFESSORS AT THE
UNITED STATES MILITARY ACADEMY.
Paragraph (4) of section 4331(b) of title 10, United States
Code, is amended to read as follows:
``(4) Twenty-eight permanent professors.''.
SEC. 508. PROMOTION OF CAREER MILITARY PROFESSORS OF THE NAVY.
(a) Promotion.--
(1) In general.--Chapter 603 of title 10, United
States Code, is amended--
(A) by redesignating section 6970 as
section 6970a; and
(B) by inserting after section 6969 the
following new section 6970:
``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.
``(b) Effective Date of Promotion.--If made, the promotion
of an officer under subsection (a) shall be effective not
earlier than three years after the selection of the officer as
a permanent professor as described in that subsection.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by striking
the item relating to section 6970 and inserting the
following new items:
``6970. Permanent professors: promotion.
``6970a. Permanent professors: retirement for years of service;
authority for deferral.''.
(b) Conforming Amendments.--Section 641(2) of such title is
amended--
(1) by striking ``and the registrar'' and inserting
``, the registrar''; and
(2) by inserting before the period at the end the
following: ``, and permanent professors of the Navy (as
defined in regulations prescribed by the Secretary of
the Navy)''.
(c) Competitive Selection Assessment.--The Secretary of
Defense shall conduct an assessment of the effectiveness of the
promotion system established under section 6970 of title 10,
United States Code, as added by subsection (a), for permanent
professors of the United States Naval Academy, including an
evaluation of the extent to which the implementation of the
promotion system has resulted in a competitive environment for
the selection of permanent professors and an evaluation of
whether the goals of the permanent professor program have been
achieved, including adequate career progression and promotion
opportunities for participating officers. Not later than
December 31, 2009, the Secretary shall submit to the
congressional defense committees a report containing the
results of the assessment.
(d) Use of Exclusions From Authorized Officer Strengths.--
Not later than March 31, 2008, the Secretary of the Navy shall
submit to the congressional defense committees a report
describing the plans of the Secretary for utilization of
authorized exemptions under section 523(b)(8) of title 10,
United States Code, and a discussion of the Navy's requirement,
if any, and projections for use of additional exemptions by
grade.
Subtitle B--Reserve Component Management
SEC. 511. RETENTION OF MILITARY TECHNICIANS WHO LOSE DUAL STATUS IN THE
SELECTED RESERVE DUE TO COMBAT-RELATED DISABILITY.
Section 10216 of title 10, United States Code, is amended
by inserting after subsection (f) the following new subsection:
``(g) Retention of Military Technicians Who Lose Dual
Status Due to Combat-Related Disability.--(1) Notwithstanding
subsection (d) of this section or subsections (a)(3) and (b) of
section 10218 of this title, if a military technician (dual
status) loses such dual status as the result of a combat-
related disability (as defined in section 1413a of this title),
the person may be retained as a non-dual status technician so
long as--
``(A) the combat-related disability does not
prevent the person from performing the non-dual status
functions or position; and
``(B) the person, while a non-dual status
technician, is not disqualified from performing the
non-dual status functions or position because of
performance, medical, or other reasons.
``(2) A person so retained shall be removed not later than
30 days after becoming eligible for an unreduced annuity and
becoming 60 years of age.
``(3) Persons retained under the authority of this
subsection do not count against the limitations of section
10217(c) of this title.''.
SEC. 512. CONSTRUCTIVE SERVICE CREDIT UPON ORIGINAL APPOINTMENT OF
RESERVE OFFICERS IN CERTAIN HEALTH CARE
PROFESSIONS.
(a) Inclusion of Additional Health Care Professions.--
Paragraph (2) of section 12207(b) of title 10, United States
Code, is amended to read as follows:
``(2)(A) If the Secretary of Defense determines that the
number of officers in a health profession described in
subparagraph (B) who are serving in an active status in a
reserve component of the Army, Navy, or Air Force in grades
below major or lieutenant commander is critically below the
number needed in such health profession by such reserve
component in such grades, the Secretary of Defense may
authorize the Secretary of the military department concerned to
credit any person who is receiving an original appointment as
an officer for service in such health profession with a period
of constructive credit in such amount (in addition to any
amount credited such person under paragraph (1)) as will result
in the grade of such person being that of captain or, in the
case of the Navy Reserve, lieutenant.
``(B) The types of health professions referred to in
subparagraph (A) include the following:
``(i) Any health profession performed by officers
in the Medical Corps of the Army or the Navy or by
officers of the Air Force designated as a medical
officer.
``(ii) Any health profession performed by officers
in the Dental Corps of the Army or the Navy or by
officers of the Air Force designated as a dental
officer.
``(iii) Any health profession performed by officers
in the Medical Service Corps of the Army or the Navy or
by officers of the Air Force designated as a medical
service officer or biomedical sciences officer.
``(iv) Any health profession performed by officers
in the Army Medical Specialist Corps.
``(v) Any health profession performed by officers
of the Nurse Corps of the Army or the Navy or by
officers of the Air Force designated as a nurse.
``(vi) Any health profession performed by officers
in the Veterinary Corps of the Army or by officers
designated as a veterinary officer.''.
(b) Conforming Amendment.--Paragraph (3) of such section is
amended by striking ``a medical or dental officer'' and
inserting ``officers covered by paragraph (2)''.
SEC. 513. MANDATORY SEPARATION OF RESERVE OFFICERS IN THE GRADE OF
LIEUTENANT GENERAL OR VICE ADMIRAL AFTER COMPLETION
OF 38 YEARS OF COMMISSIONED SERVICE.
(a) Mandatory Separation.--Section 14508 of title 10,
United States Code, is amended--
(1) by redesignating subsections (c), (d), and (e)
as subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (b) the following
new subsection (c):
``(c) Thirty-Eight Years of Service for Lieutenant Generals
and Vice Admirals.--Unless retired, transferred to the Retired
Reserve, or discharged at an earlier date, each reserve officer
of the Army, Air Force, or Marine Corps in the grade of
lieutenant general and each reserve officer of the Navy in the
grade of vice admiral shall be separated in accordance with
section 14514 of this title on the later of the following:
``(1) 30 days after completion of 38 years of
commissioned service.
``(2) The fifth anniversary of the date of the
officer's appointment in the grade of lieutenant
general or vice admiral.''.
(b) Clerical Amendments.--Such section is further amended--
(1) in subsection (a), by inserting ``for Brigadier
Generals and Rear Admirals (Lower Half)'' after
``Grade'' in the subsection heading; and
(2) in subsection (b), by inserting ``for Major
Generals and Rear Admirals'' after ``Grade'' in the
subsection heading.
SEC. 514. MAXIMUM PERIOD OF TEMPORARY FEDERAL RECOGNITION OF PERSON AS
ARMY NATIONAL GUARD OFFICER OR AIR NATIONAL GUARD
OFFICER.
Section 308(a) of title 32, United States Code, is amended
in the last sentence by striking ``six months'' and inserting
``one year''.
SEC. 515. ADVANCE NOTICE TO MEMBERS OF RESERVE COMPONENTS OF DEPLOYMENT
IN SUPPORT OF CONTINGENCY OPERATIONS.
(a) Advance Notice Required.--The Secretary of a military
department shall ensure that a member of a reserve component
under the jurisdiction of that Secretary who will be called or
ordered to active duty for a period of more than 30 days in
support of a contingency operation (as defined in section
101(a)(13) of title 10, United States Code) receives notice in
advance of the mobilization date. In so far as is practicable,
the notice shall be provided not less than 30 days before the
mobilization date, but with a goal of 90 days before the
mobilization date.
(b) Reduction or Waiver of Notice Requirement.--The
Secretary of Defense may waive the requirement of subsection
(a), or authorize shorter notice than the minimum specified in
such subsection, during a war or national emergency declared by
the President or Congress or to meet mission requirements. If
the waiver or reduction is made on account of mission
requirements, the Secretary shall submit to Congress a report
detailing the reasons for the waiver or reduction and the
mission requirements at issue.
SEC. 516. REPORT ON RELIEF FROM PROFESSIONAL LICENSURE AND
CERTIFICATION REQUIREMENTS FOR RESERVE COMPONENT
MEMBERS ON LONG-TERM ACTIVE DUTY.
(a) Study.--The Comptroller General of the United States
shall conduct a study of the requirements to maintain licensure
or certification by members of the National Guard or other
reserve components of the Armed Forces while on active duty for
an extended period of time.
(b) Elements of Study.--In the study, the Comptroller
General shall--
(1) identify the number and type of professional or
other licensure or certification requirements that may
be adversely impacted by extended periods of active
duty; and
(2) determine mechanisms that would provide relief
from professional or other licensure or certification
requirements for members of the reserve components
while on active duty for an extended period of time.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Comptroller General shall submit to
the Committees on Armed Services of the Senate and House of
Representative a report containing the results of the study and
such recommendations as the Comptroller General considers
appropriate to provide further relief for members of the
reserve components from professional or other licensure or
certification requirements while on active duty for an extended
period of time.
Subtitle C--Education and Training
SEC. 521. REVISIONS TO AUTHORITY TO PAY TUITION FOR OFF-DUTY TRAINING
OR EDUCATION.
(a) Inclusion of Coast Guard.--Subsection (a) of section
2007 of title 10, United States Code, is amended by striking
``Subject to subsection (b), the Secretary of a military
department'' and inserting ``Subject to subsections (b) and
(c), the Secretary concerned''.
(b) Commissioned Officers on Active Duty.--Subsection (b)
of such section is amended--
(1) in paragraph (1)--
(A) by inserting after ``commissioned
officer on active duty'' the following:
``(other than a member of the Ready Reserve)'';
(B) by striking ``the Secretary of the
military department concerned'' and inserting
``the Secretary concerned''; and
(C) by striking ``or full-time National
Guard duty'' both places it appears; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph
(A), by striking ``the Secretary of the
military department'' and inserting ``the
Secretary concerned'';
(B) in subparagraph (B), by inserting after
``active duty service'' the following: ``for
which the officer was ordered to active duty'';
and
(C) in subparagraph (C), by striking
``Secretary'' and inserting ``Secretary
concerned''.
(c) Authority To Pay Tuition Assistance to Members of the
Ready Reserve.--
(1) Availability of assistance.--Subsection (c) of
such section is amended to read as follows:
``(c)(1) Subject to paragraphs (3) and (5), the Secretary
concerned may pay the charges of an educational institution for
the tuition or expenses described in subsection (a) of a member
of the Selected Reserve.
``(2) Subject to paragraphs (4) and (5), the Secretary
concerned may pay the charges of an educational institution for
the tuition or expenses described in subsection (a) of a member
of the Individual Ready Reserve who has a military occupational
specialty designated by the Secretary concerned for purposes of
this subsection.
``(3) The Secretary concerned may not pay charges under
paragraph (1) for tuition or expenses of an officer of the
Selected Reserve unless the officer enters into an agreement to
remain a member of the Selected Reserve for at least four years
after completion of the education or training for which the
charges are paid.
``(4) The Secretary concerned may not pay charges under
paragraph (2) for tuition or expenses of an officer of the
Individual Ready Reserve unless the officer enters into an
agreement to remain in the Selected Reserve or Individual Ready
Reserve for at least four years after completion of the
education or training for which the charges are paid.
``(5) The Secretary of a military department may require an
enlisted member of the Selected Reserve or Individual Ready
Reserve to enter into an agreement to serve for up to four
years in the Selected Reserve or Individual Ready Reserve, as
the case may be, after completion of the education or training
for which tuition or expenses are paid under paragraph (1) or
(2), as applicable.''.
(2) Repeal of superseded provision.--Such section
is further amended--
(A) by striking subsection (d); and
(B) by redesignating subsections (e) and
(f) as subsections (d) and (e), respectively.
(3) Repayment of unearned benefit.--Subsection (e)
of such section, as redesignated by paragraph (2) of
this subsection, is amended--
(A) by inserting ``(1)'' after ``(e)''; and
(B) by adding at the end the following new
paragraph:
``(2) If a member of the Ready Reserve who enters into an
agreement under subsection (c) does not complete the period of
service specified in the agreement, the member shall be subject
to the repayment provisions of section 303a(e) of title 37.''.
(d) Regulations.--Such section is further amended by adding
at the end the following new subsection:
``(f) This section shall be administered under regulations
prescribed by the Secretary of Defense or, with respect to the
Coast Guard when it is not operating as a service in the Navy,
the Secretary of Homeland Security.''.
(e) Study.--
(1) Study required.--The Secretary of Defense shall
carry out a study on the tuition assistance program
carried out under section 2007 of title 10, United
States Code. The study shall--
(A) identify the number of members of the
Armed Forces eligible for assistance under the
program, and the number who actually receive
the assistance;
(B) assess the extent to which the program
affects retention rates; and
(C) assess the extent to which State
tuition assistance programs affect retention
rates in those States.
(2) Report.--Not later than nine months after the
date of the enactment of this Act, the Secretary shall
submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report containing the results of the
study.
SEC. 522. REDUCTION OR ELIMINATION OF SERVICE OBLIGATION IN AN ARMY
RESERVE OR ARMY NATIONAL GUARD TROOP PROGRAM UNIT
FOR CERTAIN PERSONS SELECTED AS MEDICAL STUDENTS AT
UNIFORMED SERVICES UNIVERSITY OF THE HEALTH
SCIENCES.
Paragraph (3) of section 2107a(b) of title 10, United
States Code, is amended to read as follows:
``(3)(A) Subject to subparagraph (C), in the case of a
person described in subparagraph (B), the Secretary may, at any
time and with the consent of the person, modify an agreement
described in paragraph (1)(F) submitted by the person for the
purpose of reducing or eliminating the troop program unit
service obligation specified in the agreement and to establish,
in lieu of that obligation, an active duty service obligation.
``(B) Subparagraph (A) applies with respect to the
following persons:
``(i) A cadet under this section at a military
junior college.
``(ii) A cadet or former cadet under this section
who is selected under section 2114 of this title to be
a medical student at the Uniformed Services University
of the Health Sciences.
``(iii) A cadet or former cadet under this section
who signs an agreement under section 2122 of this title
for participation in the Armed Forces Health
Professions Scholarship and Financial Assistance
program.
``(C) The modification of an agreement described in
paragraph (1)(F) may be made only if the Secretary determines
that it is in the best interests of the United States to do
so.''.
SEC. 523. REPEAL OF ANNUAL LIMIT ON NUMBER OF ROTC SCHOLARSHIPS UNDER
ARMY RESERVE AND ARMY NATIONAL GUARD FINANCIAL
ASSISTANCE PROGRAM.
Section 2107a(h) of title 10, United States Code, is
amended by striking ``not more than 416 cadets each year under
this section, to include'' and inserting ``each year under this
section''.
SEC. 524. TREATMENT OF PRIOR ACTIVE SERVICE OF MEMBERS IN UNIFORMED
MEDICAL ACCESSION PROGRAMS.
(a) Medical Students of USUHS.--
(1) Treatment of students with prior active
service.--Section 2114 of title 10, United States Code,
is amended--
(A) by redesignating subsections (c)
through (h) as subsections (d) through (i),
respectively; and
(B) in subsection (b)--
(i) by inserting ``(1)'' after
``(b)''; and
(ii) by inserting after the second
sentence the following new paragraph:
``(2) If a member of the uniformed services selected to be
a student has prior active service in a pay grade and with
years of service credited for pay that would entitle the
member, if the member remained in the former grade, to a rate
of basic pay in excess of the rate of basic pay for regular
officers in the grade of second lieutenant or ensign, the
member shall be paid basic pay based on the former grade and
years of service credited for pay. The amount of such basic pay
for the member shall be increased on January 1 of each year by
the percentage by which basic pay is increased on average on
that date for that year, and the member shall continue to
receive basic pay based on the former grade and years of
service until the date, whether occurring before or after
graduation, on which the basic pay for the member in the
member's actual grade and years of service credited for pay
exceeds the amount of basic pay to which the member is entitled
based on the member's former grade and years of service.''.
(2) Conforming amendments.--Such section is further
amended--
(A) in subsection (b), by striking ``Upon
graduation they'' and inserting the following:
``(c) Medical students who graduate''; and
(B) in subsection (i), as redesignated by
paragraph (1), by striking ``subsection (b)''
and inserting ``subsection (c)''.
(b) Participants in Health Professions Scholarship and
Financial Assistance Program.--Section 2121(c) of such title is
amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following new
paragraph:
``(2) If a member of the uniformed services selected to
participate in the program as a medical student has prior
active service in a pay grade and with years of service
credited for pay that would entitle the member, if the member
remained in the former grade, to a rate of basic pay in excess
of the rate of basic pay for regular officers in the grade of
second lieutenant or ensign, the member shall be paid basic pay
based on the former grade and years of service credited for
pay. The amount of such basic pay for the member shall be
increased on January 1 of each year by the percentage by which
basic pay is increased on average on that date for that year,
and the member shall continue to receive basic pay based on the
former grade and years of service until the date, whether
occurring before or after the conclusion of such participation,
on which the basic pay for the member in the member's actual
grade and years of service credited for pay exceeds the amount
of basic pay to which the member is entitled based on the
member's former grade and years of service.''.
(c) Officers Detailed as Students at Medical Schools.--
(1) Appointment and treatment of prior active
service.--Section 2004a of such title is amended--
(A) by redesignating subsections (e)
through (h) as subsections (f) through (i),
respectively; and
(B) by inserting after subsection (d) the
following new subsection:
``(e) Appointment and Treatment of Prior Active Service.--
(1) A commissioned officer detailed as a student at a medical
school under subsection (a) shall be appointed as a regular
officer in the grade of second lieutenant or ensign and shall
serve on active duty in that grade with full pay and allowances
of that grade.
``(2) If an officer detailed to be a medical student has
prior active service in a pay grade and with years of service
credited for pay that would entitle the officer, if the officer
remained in the former grade, to a rate of basic pay in excess
of the rate of basic pay for regular officers in the grade of
second lieutenant or ensign, the officer shall be paid basic
pay based on the former grade and years of service credited for
pay. The amount of such basic pay for the officer shall be
increased on January 1 of each year by the percentage by which
basic pay is increased on average on that date for that year,
and the officer shall continue to receive basic pay based on
the former grade and years of service until the date, whether
occurring before or after graduation, on which the basic pay
for the officer in the officer's actual grade and years of
service credited for pay exceeds the amount of basic pay to
which the officer is entitled based on the officer's former
grade and years of service.''.
(2) Technical amendment.--Subsection (c) of such
section is amended by striking ``subsection (c)'' and
inserting ``subsection (b)''.
SEC. 525. REPEAL OF POST-2007-2008 ACADEMIC YEAR PROHIBITION ON PHASED
INCREASE IN CADET STRENGTH LIMIT AT THE UNITED
STATES MILITARY ACADEMY.
Section 4342(j)(1) of title 10, United States Code, is
amended by striking the last sentence.
SEC. 526. NATIONAL DEFENSE UNIVERSITY MASTER'S DEGREE PROGRAMS.
(a) Master of Arts Program Authorized.--Section 2163 of
title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``or master of
arts'' after ``master of science''; and
(2) in subsection (b), by adding at the end the
following new paragraph:
``(4) Master of arts in strategic security
studies.--The degree of master of arts in strategic
security studies, to graduates of the University who
fulfill the requirements of the program at the School
for National Security Executive Education.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section
is amended to read as follows:
``Sec. 2163. National Defense University: master's degree programs''.
(2) Table of contents.--The table of sections at
the beginning of chapter 108 of such title is amended
by striking the item relating to section 2163 and
inserting the following new item:
``2163. National Defense University: master's degree programs.''.
(c) Applicability to 2006-2007 Graduates.--Paragraph (4) of
section 2163(b) of title 10, United States Code, as added by
subsection (a) of this section, applies with respect to any
person who becomes a graduate of the National Defense
University on or after September 6, 2006, and fulfills the
requirements of the program referred to in such paragraph (4).
SEC. 527. AUTHORITY OF THE AIR UNIVERSITY TO CONFER DEGREE OF MASTER OF
SCIENCE IN FLIGHT TEST ENGINEERING.
Section 9317(a) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (4) as paragraph
(5); and
(2) by inserting after paragraph (3) the following
new paragraph:
``(4) The degree of master of science in flight
test engineering upon graduates of the Air Force Test
Pilot School who fulfill the requirements for that
degree in a manner consistent with the recommendations
of the Department of Education and the principles of
the regional accrediting body for the Air
University.''.
SEC. 528. ENHANCEMENT OF EDUCATION BENEFITS FOR CERTAIN MEMBERS OF
RESERVE COMPONENTS.
(a) Accelerated Payment of Educational Assistance for
Members of the Selected Reserve.--
(1) In general.--Chapter 1606 of title 10, United
States Code, is amended by inserting after section
16131 the following new section:
``Sec. 16131a. Accelerated payment of educational assistance
``(a) The educational assistance allowance payable under
section 16131 of this title with respect to an eligible person
described in subsection (b) may, upon the election of such
eligible person, be paid on an accelerated basis in accordance
with this section.
``(b) An eligible person described in this subsection is a
person entitled to educational assistance under this chapter
who is--
``(1) enrolled in an approved program of education
not exceeding two years in duration and not leading to
an associate, bachelors, masters, or other degree,
subject to subsection (g); and
``(2) charged tuition and fees for the program of
education that, when divided by the number of months
(and fractions thereof) in the enrollment period,
exceeds the amount equal to 200 percent of the monthly
rate of educational assistance allowance otherwise
payable with respect to the person under section 16131
of this title.
``(c)(1) The amount of the accelerated payment of
educational assistance payable with respect to an eligible
person making an election under subsection (a) for a program of
education shall be the lesser of--
``(A) the amount equal to 60 percent of the
established charges for the program of education; or
``(B) the aggregate amount of educational
assistance allowance to which the person remains
entitled under this chapter at the time of the payment.
``(2)(A) In this subsection, except as provided in
subparagraph (B), the term `established charges', in the case
of a program of education, means the actual charges (as
determined pursuant to regulations prescribed by the Secretary
of Veterans Affairs) for tuition and fees which similarly
circumstanced individuals who are not eligible for benefits
under this chapter and who are enrolled in the program of
education would be required to pay. Established charges shall
be determined on the following basis:
``(i) In the case of an individual enrolled in a
program of education offered on a term, quarter, or
semester basis, the tuition and fees charged the
individual for the term, quarter, or semester.
``(ii) In the case of an individual enrolled in a
program of education not offered on a term, quarter, or
semester basis, the tuition and fees charged the
individual for the entire program of education.
``(B) In this subsection, the term `established charges'
does not include any fees or payments attributable to the
purchase of a vehicle.
``(3) The educational institution providing the program of
education for which an accelerated payment of educational
assistance allowance is elected by an eligible person under
subsection (a) shall certify to the Secretary of Veterans
Affairs the amount of the established charges for the program
of education.
``(d) An accelerated payment of educational assistance
allowance made with respect to an eligible person under this
section for a program of education shall be made not later than
the last day of the month immediately following the month in
which the Secretary of Veterans Affairs receives a
certification from the educational institution regarding--
``(1) the person's enrollment in and pursuit of the
program of education; and
``(2) the amount of the established charges for the
program of education.
``(e)(1) Except as provided in paragraph (2), for each
accelerated payment of educational assistance allowance made
with respect to an eligible person under this section, the
person's entitlement to educational assistance under this
chapter shall be charged the number of months (and any fraction
thereof) determined by dividing the amount of the accelerated
payment by the full-time monthly rate of educational assistance
allowance otherwise payable with respect to the person under
section 16131 of this title as of the beginning date of the
enrollment period for the program of education for which the
accelerated payment is made.
``(2) If the monthly rate of educational assistance
allowance otherwise payable with respect to an eligible person
under section 16131 of this title increases during the
enrollment period of a program of education for which an
accelerated payment of educational assistance allowance is made
under this section, the charge to the person's entitlement to
educational assistance under this chapter shall be determined
by prorating the entitlement chargeable, in the manner provided
for under paragraph (1), for the periods covered by the initial
rate and increased rate, respectively, in accordance with
regulations prescribed by the Secretary of Veterans Affairs.
``(f) The Secretary of Veterans Affairs shall prescribe
regulations to carry out this section. The regulations shall
include requirements, conditions, and methods for the request,
issuance, delivery, certification of receipt and use, and
recovery of overpayment of an accelerated payment of
educational assistance allowance under this section. The
regulations may include such elements of the regulations
prescribed under section 3014A of title 38 as the Secretary of
Veterans Affairs considers appropriate for purposes of this
section.
``(g) The aggregate amount of educational assistance
payable under this section in any fiscal year for enrollments
covered by subsection (b)(1) may not exceed $4,000,000.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 1606 of such title is amended
by inserting after the item relating to section 16131
the following new item:
``16131a. Accelerated payment of educational assistance.''.
(3) Effective date.--The amendments made by this
subsection shall take effect on October 1, 2008, and
shall only apply to initial enrollments in approved
programs of education after such date.
(b) Accelerated Payment of Educational Assistance for
Reserve Component Members Supporting Contingency Operations and
Other Operations.--
(1) In general.--Chapter 1607 of title 10, United
States Code, is amended by inserting after section
16162 the following new section:
``Sec. 16162a. Accelerated payment of educational assistance
``(a) Payment on Accelerated Basis.--The educational
assistance allowance payable under section 16162 of this title
with respect to an eligible member described in subsection (b)
may, upon the election of such eligible member, be paid on an
accelerated basis in accordance with this section.
``(b) Eligible Members.--An eligible member described in
this subsection is a member of a reserve component entitled to
educational assistance under this chapter who is--
``(1) enrolled in an approved program of education
not exceeding two years in duration and not leading to
an associate, bachelors, masters, or other degree,
subject to subsection (g); and
``(2) charged tuition and fees for the program of
education that, when divided by the number of months
(and fractions thereof) in the enrollment period,
exceeds the amount equal to 200 percent of the monthly
rate of educational assistance allowance otherwise
payable with respect to the member under section 16162
of this title.
``(c) Amount of Accelerated Payment.--(1) The amount of the
accelerated payment of educational assistance payable with
respect to an eligible member making an election under
subsection (a) for a program of education shall be the lesser
of--
``(A) the amount equal to 60 percent of the
established charges for the program of education; or
``(B) the aggregate amount of educational
assistance allowance to which the member remains
entitled under this chapter at the time of the payment.
``(2)(A) In this subsection, except as provided in
subparagraph (B), the term `established charges', in the case
of a program of education, means the actual charges (as
determined pursuant to regulations prescribed by the Secretary
of Veterans Affairs) for tuition and fees which similarly
circumstanced individuals who are not eligible for benefits
under this chapter and who are enrolled in the program of
education would be required to pay. Established charges shall
be determined on the following basis:
``(i) In the case of an individual enrolled in a
program of education offered on a term, quarter, or
semester basis, the tuition and fees charged the
individual for the term, quarter, or semester.
``(ii) In the case of an individual enrolled in a
program of education not offered on a term, quarter, or
semester basis, the tuition and fees charged the
individual for the entire program of education.
``(B) In this subsection, the term `established charges'
does not include any fees or payments attributable to the
purchase of a vehicle.
``(3) The educational institution providing the program of
education for which an accelerated payment of educational
assistance allowance is elected by an eligible member under
subsection (a) shall certify to the Secretary of Veterans
Affairs the amount of the established charges for the program
of education.
``(d) Time of Payment.--An accelerated payment of
educational assistance allowance made with respect to an
eligible member under this section for a program of education
shall be made not later than the last day of the month
immediately following the month in which the Secretary of
Veterans Affairs receives a certification from the educational
institution regarding--
``(1) the member's enrollment in and pursuit of the
program of education; and
``(2) the amount of the established charges for the
program of education.
``(e) Charge Against Entitlement.--(1) Except as provided
in paragraph (2), for each accelerated payment of educational
assistance allowance made with respect to an eligible member
under this section, the member's entitlement to educational
assistance under this chapter shall be charged the number of
months (and any fraction thereof) determined by dividing the
amount of the accelerated payment by the full-time monthly rate
of educational assistance allowance otherwise payable with
respect to the member under section 16162 of this title as of
the beginning date of the enrollment period for the program of
education for which the accelerated payment is made.
``(2) If the monthly rate of educational assistance
allowance otherwise payable with respect to an eligible member
under section 16162 of this title increases during the
enrollment period of a program of education for which an
accelerated payment of educational assistance allowance is made
under this section, the charge to the member's entitlement to
educational assistance under this chapter shall be determined
by prorating the entitlement chargeable, in the manner provided
for under paragraph (1), for the periods covered by the initial
rate and increased rate, respectively, in accordance with
regulations prescribed by the Secretary of Veterans Affairs.
``(f) Regulations.--The Secretary of Veterans Affairs shall
prescribe regulations to carry out this section. The
regulations shall include requirements, conditions, and methods
for the request, issuance, delivery, certification of receipt
and use, and recovery of overpayment of an accelerated payment
of educational assistance allowance under this section. The
regulations may include such elements of the regulations
prescribed under section 3014A of title 38 as the Secretary of
Veterans Affairs considers appropriate for purposes of this
section.
``(g) Limitation.--The aggregate amount of educational
assistance payable under this section in any fiscal year for
enrollments covered by subsection (b)(1) may not exceed
$3,000,000.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 1607 of such title is amended
by inserting after the item relating to section 16162
the following new item:
``16162a. Accelerated payment of educational assistance.''.
(3) Effective date.--The amendments made by this
subsection shall take effect on October 1, 2008, and
shall only apply to initial enrollments in approved
programs of education after such date.
(c) Enhancement of Educational Assistance for Reserve
Component Members Supporting Contingency Operations and Other
Operations.--
(1) Assistance for three years cumulative
service.--Subsection (c)(4)(C) of section 16162 of
title 10, United States Code, is amended by striking
``for two continuous years or more.'' and inserting
``for--
``(i) two continuous years or more; or
``(ii) an aggregate of three years or
more.''.
(2) Contributions for increased amount of
educational assistance.--Such section is further
amended by adding at the end the following new
subsection:
``(f) Contributions for Increased Amount of Educational
Assistance.--(1)(A) Any individual eligible for educational
assistance under this section may contribute amounts for
purposes of receiving an increased amount of educational
assistance as provided for in paragraph (2).
``(B) An individual covered by subparagraph (A) may make
the contributions authorized by that subparagraph at any time
while a member of a reserve component, but not more frequently
than monthly.
``(C) The total amount of the contributions made by an
individual under subparagraph (A) may not exceed $600. Such
contributions shall be made in multiples of $20.
``(D) Contributions under this subsection shall be made to
the Secretary concerned. Such Secretary shall deposit any
amounts received as contributions under this subsection into
the Treasury as miscellaneous receipts.
``(2) Effective as of the first day of the enrollment
period following the enrollment period in which an individual
makes contributions under paragraph (1), the monthly amount of
educational assistance allowance applicable to such individual
under this section shall be the monthly rate otherwise provided
for under subsection (c) increased by--
``(A) an amount equal to $5 for each $20
contributed by such individual under paragraph (1) for
an approved program of education pursued on a full-time
basis; or
``(B) an appropriately reduced amount based on the
amount so contributed as determined under regulations
that the Secretary of Veterans Affairs shall prescribe,
for an approved program of education pursued on less
than a full-time basis.''.
SEC. 529. EXTENSION OF PERIOD OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE
FOR CERTAIN MEMBERS OF THE SELECTED RESERVE
AFFECTED BY FORCE SHAPING INITIATIVES.
Section 16133(b)(1)(B) of title 10, United States Code, is
amended by inserting ``or the period beginning on October 1,
2007, and ending on September 30, 2014,'' after ``December 31,
2001,''.
SEC. 530. TIME LIMIT FOR USE OF EDUCATIONAL ASSISTANCE BENEFIT FOR
CERTAIN MEMBERS OF RESERVE COMPONENTS AND
RESUMPTION OF BENEFIT.
(a) Modification of Time Limit for Use of Benefit.--
(1) Modification.--Section 16164(a) of title 10,
United States Code, is amended by striking ``this
chapter while serving--'' and all that follows and
inserting ``this chapter--
``(1) while the member is serving--
``(A) in the Selected Reserve of the Ready
Reserve, in the case of a member called or
ordered to active service while serving in the
Selected Reserve; or
``(B) in the Ready Reserve, in the case of
a member ordered to active duty while serving
in the Ready Reserve (other than the Selected
Reserve); and
``(2) in the case of a person who separates from
the Selected Reserve of the Ready Reserve after
completion of a period of active service described in
section 16163 of this title and completion of a service
contract under other than dishonorable conditions,
during the 10-year period beginning on the date on
which the person separates from the Selected
Reserve.''.
(2) Conforming amendment.--Paragraph (2) of section
16165(a) of such title is amended to read as follows:
``(2) when the member separates from the Ready
Reserve as provided in section 16164(a)(1) of this
title, or upon completion of the period provided for in
section 16164(a)(2) of this title, as applicable.''.
(b) Reclaiming Benefit for Members Reentering Service.--
Section 16165(b) of such title is amended by striking ``of not
more than 90 days'' after ``who incurs a break in service in
the Selected Reserve''.
(c) Effective Date.--The amendments made by this section
shall take effect as of October 28, 2004, as if included in the
enactment of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375), to
which such amendments relate.
SEC. 531. SECRETARY OF DEFENSE EVALUATION OF THE ADEQUACY OF THE
DEGREE-GRANTING AUTHORITIES OF CERTAIN MILITARY
UNIVERSITIES AND EDUCATIONAL INSTITUTIONS.
(a) Evaluation Required.--The Secretary of Defense shall
carry out an evaluation of the degree-granting authorities
provided by title 10, United States Code, to the academic
institutions specified in subsection (b). The evaluation shall
assess whether the current process, under which each degree
conferred by each institution must have a statutory
authorization, remains adequate, appropriate, and responsive
enough to meet emerging military service education
requirements.
(b) Specified Institutions.--The academic institutions
covered by subsection (a) are the following:
(1) The National Defense University.
(2) The Army War College and the United States Army
Command and General Staff College.
(3) The United States Naval War College.
(4) The United States Naval Postgraduate School.
(5) Air University and the United States Air Force
Institute of Technology.
(6) The Marine Corps University.
(c) Report.--Not later than April 1, 2008, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report on the evaluation. The report shall
include the results of the evaluation and any recommendations
for changes to policy or law that the Secretary considers
appropriate.
SEC. 532. REPORT ON SUCCESS OF ARMY NATIONAL GUARD AND RESERVE SENIOR
RESERVE OFFICERS' TRAINING CORPS FINANCIAL
ASSISTANCE PROGRAM.
(a) Report Required.--Not later than 150 days after the
date of the enactment of this Act, the Secretary of the Army
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the success of the
financial assistance program of the Senior Reserve Officers'
Training Corps under section 2107a of title 10, United States
Code, in securing the appointment of second lieutenants in the
Army Reserve and Army National Guard. The report shall include
detailed information on the appointment of cadets under the
financial assistance program who are enrolled in an educational
institution described in subsection (b) and address the efforts
of the Secretary to increase awareness of the availability and
advantages of appointment in the Senior Reserve Officers'
Training Corps at these institutions and to increase the number
of cadets at these institutions.
(b) Covered Educational Institutions.--The educational
institutions referred to in subsection (a) are the following:
(1) An historically Black college or university
that is a part B institution, as defined in section
322(2) of the Higher Education Act of 1965 (20 U.S.C.
1061(2)).
(2) A minority institution, as defined in section
365(3) of that Act (20 U.S.C. 1067k(3)).
(3) An Hispanic-serving institution, as defined in
section 502(a)(5) of that Act (20 U.S.C. 1101a(a)(5)).
SEC. 533. REPORT ON UTILIZATION OF TUITION ASSISTANCE BY MEMBERS OF THE
ARMED FORCES.
(a) Reports Required.--Not later than April 1, 2008, the
Secretary of each military department shall submit to the
congressional defense committees a report on the utilization of
tuition assistance by members of the Armed Forces, whether in
the regular components of the Armed Forces or the reserve
components of the Armed Forces, under the jurisdiction of such
military department during fiscal year 2007.
(b) Elements.--The report with respect to a military
department under subsection (a) shall include the following:
(1) Information on the policies of such military
department for fiscal year 2007 regarding utilization
of, and limits on, tuition assistance by members of the
Armed Forces under the jurisdiction of such military
department, including an estimate of the number of
members of the reserve components of the Armed Forces
under the jurisdiction of such military department
whose requests for tuition assistance during that
fiscal year were unfunded.
(2) Information on the policies of such military
department for fiscal year 2007 regarding funding of
tuition assistance for each of the regular components
of the Armed Forces and each of the reserve components
of the Armed Forces under the jurisdiction of such
military department.
SEC. 534. NAVY JUNIOR RESERVE OFFICERS' TRAINING CORPS UNIT FOR
SOUTHOLD, MATTITUCK, AND GREENPORT HIGH SCHOOLS.
For purposes of meeting the requirements of section 2031(b)
of title 10, United States Code, the Secretary of the Navy may
and, to the extent the schools request, shall treat any two or
more of the following schools (all in Southold, Suffolk County,
New York) as a single institution:
(1) Southold High School.
(2) Mattituck High School.
(3) Greenport High School.
SEC. 535. REPORT ON TRANSFER OF ADMINISTRATION OF CERTAIN EDUCATIONAL
ASSISTANCE PROGRAMS FOR MEMBERS OF THE RESERVE
COMPONENTS.
(a) Report Required.--Not later than September 1, 2008, the
Secretary of Defense, in cooperation with the Secretary of
Veterans Affairs, shall submit to the congressional defense
committees and the Committees on Veterans Affairs of the Senate
and House of Representatives a report on the feasibility and
merits of transferring the administration of the educational
assistance programs for members of the reserve components
contained in chapters 1606 and 1607 of title 10, United States
Code, from the Department of Defense to the Department of
Veterans Affairs.
(b) Elements of Report.--The report shall specifically
address the following:
(1) A discussion of the history and purpose of the
educational assistance benefits under chapters 1606 and
1607 of title 10, United States Code, and the data most
recently available, as of the date of the enactment of
this Act, relating to the cost of providing such
benefits and the projected costs of providing such
benefits over the ten-year period beginning on the such
date.
(2) The effect of a transfer of administrative
jurisdiction on the delivery of educational assistance
benefits to members of the reserve components.
(3) The effect of a transfer of administrative
jurisdiction on Department of Defense efforts relating
to recruiting, retention, and compensation, including
bonuses, special pays, and incentive pays.
(4) The extent to which educational assistance
benefits influence the decision of a person to join a
reserve component.
(5) The extent to which the educational assistance
benefits available under chapter 1606 of title 10,
United States Code, affect retention rates, including
statistics showing how many members remain in the
reserve components in order to continue to receive
education benefits under such chapter.
(6) The extent to which the educational assistance
benefits available under chapter 1607 of title 10,
United States Code, affect retention rates, including
statistics showing how many members remain in the
reserve components in order to continue to receive
education benefits under such chapter.
(7) The practical and budgetary issues involved in
a transfer of administrative jurisdiction, including a
discussion of the cost of equating the educational
assistance benefits for members of the active and
reserve components.
(8) Any recommendations of the Secretary for
legislation to enhance or improve the delivery of
educational assistance benefits for members of the
reserve components.
(9) The feasibility and likely effects of
transferring the administration of the educational
assistance programs for members of the reserve
components contained in chapters 1606 and 1607 of title
10, United States Code, from the Department of Defense
to the Department of Veterans Affairs through the
recodification of such chapters in title 38, United
States Code, as proposed in section 525 of HR 1585 of
the 110th Congress, as passed by the House of
Representatives, together with any recommendations of
the Secretary for improving that section.
(10) A discussion of the effects and impact of the
amendments to chapter 1607 of title 10, United States
Code, made by section 530 of this Act, relating to the
extension of the time limit for the use of educational
assistance benefits under that chapter.
(c) Reviews of Report.--Before submission of the report to
Congress, the Secretary of Defense shall secure the review of
the report by the Defense Business Board, in cooperation with
the Reserve Forces Policy Board. The Secretary of Veterans
Affairs shall secure the review of the report by the Veterans
Affairs Advisory Committee on Education. The results of such
reviews shall be included as an appendix to the report.
(d) Comptroller General Review.--Not later than November 1,
2008, the Comptroller General shall submit to the congressional
committees referred to in subsection (a) an assessment of the
report, including a review of the costs inherent in the
transfer of administrative jurisdiction and the recruiting and
retention data and other assumptions used by the Secretary of
Defense in preparing the report. As part of the assessment, the
Comptroller General shall solicit responses from the Secretary
of Defense and the Secretary of Veterans Affairs.
Subtitle D--Military Justice and Legal Assistance Matters
SEC. 541. AUTHORITY TO DESIGNATE CIVILIAN EMPLOYEES OF THE FEDERAL
GOVERNMENT AND DEPENDENTS OF DECEASED MEMBERS AS
ELIGIBLE FOR LEGAL ASSISTANCE FROM DEPARTMENT OF
DEFENSE LEGAL STAFF RESOURCES.
Section 1044(a) of title 10, United States Code, is amended
by adding at the end the following new paragraphs:
``(6) Survivors of a deceased member or former
member described in paragraphs (1), (2), (3), and (4)
who were dependents of the member or former member at
the time of the death of the member or former member,
except that the eligibility of such survivors shall be
determined pursuant to regulations prescribed by the
Secretary concerned.
``(7) Civilian employees of the Federal Government
serving in locations where legal assistance from non-
military legal assistance providers is not reasonably
available, except that the eligibility of civilian
employees shall be determined pursuant to regulations
prescribed by the Secretary concerned.''.
SEC. 542. AUTHORITY OF JUDGES OF THE UNITED STATES COURT OF APPEALS FOR
THE ARMED FORCES TO ADMINISTER OATHS.
Section 936 of title 10, United States Code (article 136 of
the Uniform Code of Military Justice), is amended by adding at
the end the following new subsection:
``(c) The judges of the United States Court of Appeals for
the Armed Forces may administer the oaths authorized by
subsections (a) and (b).''.
SEC. 543. MODIFICATION OF AUTHORITIES ON SENIOR MEMBERS OF THE JUDGE
ADVOCATE GENERALS' CORPS.
(a) Department of the Army.--
(1) Grade of judge advocate general.--Subsection
(a) of section 3037 of title 10, United States Code, is
amended by striking the third sentence and inserting
the following new sentence: ``The Judge Advocate
General, while so serving, has the grade of lieutenant
general.''.
(2) Redesignation of assistant judge advocate
general as deputy judge advocate general.--Such section
is further amended--
(A) in subsection (a), by striking
``Assistant Judge Advocate General'' each place
it appears and inserting ``Deputy Judge
Advocate General''; and
(B) in subsection (d), by striking
``Assistant Judge Advocate General'' and
inserting ``Deputy Judge Advocate General''.
(3) Clerical amendments.--(A) The heading of such
section is amended to read as follows:
``Sec. 3037. Judge Advocate General, Deputy Judge Advocate General, and
general officers of Judge Advocate General's Corps:
appointment; duties''.
(B) The table of sections at the beginning of
chapter 305 of such title is amended by striking the
item relating to section 3037 and inserting the
following new item:
``3037. Judge Advocate General, Deputy Judge Advocate General, and
general officers of Judge Advocate General's Corps:
appointment; duties.''.
(b) Grade of Judge Advocate General of the Navy.--Section
5148(b) of such title is amended by striking the last sentence
and inserting the following new sentence: ``The Judge Advocate
General, while so serving, has the grade of vice admiral or
lieutenant general, as appropriate.''.
(c) Grade of Judge Advocate General of the Air Force.--
Section 8037(a) of such title is amended by striking the last
sentence and inserting the following new sentence: ``The Judge
Advocate General, while so serving, has the grade of lieutenant
general.''.
(d) Increase in Number of Officers Serving in Grades Above
Major General and Rear Admiral.--Section 525(b) of such title
is amended in paragraphs (1) and (2)(A) by striking ``15.7
percent'' each place it appears and inserting ``16.3 percent''.
(e) Legal Counsel to Chairman of the Joint Chiefs of
Staff.--
(1) In general.--Chapter 5 of title 10, United
States Code, is amended by adding at the end the
following new section:
``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.
``(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.
``(c) Grade.--An officer appointed to serve as Legal
Counsel to the Chairman of the Joint Chiefs of Staff shall,
while so serving, hold the grade of brigadier general or rear
admiral (lower half).
``(d) Duties.--The Legal Counsel of the Chairman of the
Joint Chiefs of Staff shall perform such legal duties in
support of the responsibilities of the Chairman of the Joint
Chiefs of Staff as the Chairman may prescribe.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 5 of such title is amended by
adding at the end the following new item:
``156. Legal Counsel to the Chairman of the Joint Chiefs of Staff''.
(f) Strategic Plan to Link General and Flag Officer
Numbers, Assignments, and Development to the Missions and
Requirements of the Department of Defense.--
(1) Strategic plan required.--The Secretary of
Defense shall develop a strategic plan linking the
missions and requirements of the Department of Defense
for general and flag officers to the statutory limits
on the numbers of general and flag officers, and
current assignment, promotion, and joint officer
development policies for general and flag officers.
(2) Advice of chairman of joint chiefs of staff.--
The Secretary shall develop the strategic plan required
under paragraph (1) with the advice of the Chairman of
the Joint Chiefs of Staff.
(3) Matters to be included.--The strategic plan
required under paragraph (1) shall include the
following:
(A) A description of the process for
identification of the present and emerging
requirements for general and flag officers and
recommendations for meeting these requirements.
(B) Identification of the numbers of
general and flag officers by service, grade,
and qualifications currently available compared
with the numbers needed to meet existing
statutory requirements in support of the
overall missions of the Department of Defense.
(C) An assessment of the problems or issues
(and proposed solutions for any such problems
or issues) arising from existing numerical
limitations on the number and grade
distribution of active and reserve component
general and flag officers under sections 525,
526, and 12004 of title 10, United States Code;
(D) A discussion of how wartime
requirements for additional general or flag
officers have been addressed in support of
Operation Enduring Freedom and Operation Iraqi
Freedom, including the usage of wartime or
national emergency authorities.
(E) An assessment of any problems or issues
(and proposed solutions for any such problems
or issues) arising from existing statutory
provisions regarding general and flag officer
assignments and grade requirements and the
need, if any, for revision of provisions in
title 10, United States Code, specific to
individual general and flag officer positions
along with recommendations to mitigate the need
for routine legislative intervention as
positions change to support organizational
demands.
(F) An assessment of the use currently
being made of reserve component flag and
general officers and discussion of barriers to
the qualification, selection, and assignment of
National Guard and Reserve officers for the
broadest possible range of positions of
importance and responsibility.
(4) Deadline for submission.--The Secretary shall
submit the plan required under paragraph (1) to the
Committees on Armed Services of the Senate and the
House of Representatives not later than March 1, 2009.
SEC. 544. PROHIBITION AGAINST MEMBERS OF THE ARMED FORCES PARTICIPATING
IN CRIMINAL STREET GANGS.
The Secretary of Defense shall prescribe regulations to
prohibit the active participation by members of the Armed
Forces in a criminal street gang.
Subtitle E--Military Leave
SEC. 551. TEMPORARY ENHANCEMENT OF CARRYOVER OF ACCUMULATED LEAVE FOR
MEMBERS OF THE ARMED FORCES.
(a) Temporary Increase in Accumulated Leave Carryover
Amount.--Section 701 of title 10, United States Code, is
amended--
(1) in subsection (b), by striking ``subsection (f)
and subsection (g)'' and inserting ``subsections (d),
(f), and (g)''; and
(2) by inserting after subsection (c) the following
new subsection:
``(d) Notwithstanding subsection (b), during the period
beginning on October 1, 2008, through December 31, 2010, a
member may accumulate up to 75 days of leave.''.
(b) Conforming Amendments Related to High Deployment
Members.--Subsection (f) of such section is amended--
(1) in paragraph (1)(A), by striking ``any
accumulated leave in excess of 60 days at the end of
the fiscal year'' and inserting ``at the end of the
fiscal year any accumulated leave in excess of the
number of days of leave authorized to be accumulated
under subsection (b) or (d)'';
(2) in paragraph (1)(C)--
(A) by striking ``60 days'' and inserting
``the days of leave authorized to be
accumulated under subsection (b) or (d) that
are''; and
(B) by inserting ``(or fourth fiscal year,
if accumulated while subsection (d) is in
effect)'' after ``third fiscal year''; and
(3) in paragraph (2), by striking ``except for this
paragraph--'' and all that follows through the end of
the paragraph and inserting ``except for this
paragraph, would lose at the end of that fiscal year
any accumulated leave in excess of the number of days
of leave authorized to be accumulated under subsection
(b) or (d), shall be permitted to retain such leave
until the end of the second fiscal year after the
fiscal year in which such service on active duty is
terminated.''.
(c) Conforming Amendment Related to Members in Missing
Status.--Subsection (g) of such section is amended by striking
``60-day limitation in subsection (b) and the 90-day limitation
in subsection (f)'' and inserting ``limitations in subsections
(b), (d), and (f)''.
(d) Pay.--Section 501(b) of title 37, United States Code,
is amended by adding at the end the following new paragraph:
``(6) An enlisted member of the armed forces who would lose
accumulated leave in excess of 120 days of leave under section
701(f)(1) of title 10 may elect to be paid in cash or by a
check on the Treasurer of the United States for any leave in
excess so accumulated for up to 30 days of such leave. A member
may make an election under this paragraph only once.''.
SEC. 552. ENHANCEMENT OF REST AND RECUPERATION LEAVE.
Section 705(b)(2) of title 10, United States Code, is
amended by inserting ``for members whose qualifying tour of
duty is 12 months or less, or for not more than 20 days for
members whose qualifying tour of duty is longer than 12
months,'' after ``for not more than 15 days''.
Subtitle F--Decorations and Awards
SEC. 561. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO
LESLIE H. SABO, JR., FOR ACTS OF VALOR DURING THE
VIETNAM WAR.
(a) Authorization.--Notwithstanding the time limitations
specified in section 3744 of title 10, United States Code, or
any other time limitation with respect to the awarding of
certain medals to persons who served in the Armed Forces, the
President is authorized and requested to award the Medal of
Honor under section 3741 of such title to Leslie H. Sabo, Jr.,
for the acts of valor during the Vietnam War described in
subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of Leslie H. Sabo, Jr., on
May 10, 1970, as a member of the United States Army serving in
the grade of Specialist Four in the Republic of Vietnam with
Company B of the 3d Battalion, 506th Infantry Regiment, 101st
Airborne Division.
SEC. 562. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO
HENRY SVEHLA FOR ACTS OF VALOR DURING THE KOREAN
WAR.
(a) Authorization.--Notwithstanding the time limitations
specified in section 3744 of title 10, United States Code, or
any other time limitation with respect to the awarding of
certain medals to persons who served in the Armed Forces, the
President is authorized and requested to award the Medal of
Honor under section 3741 of such title to Henry Svehla for the
acts of valor described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of Henry Svehla on June 12,
1952, as a member of the United States Army serving in the
grade of Private First Class in Korea with Company F of the 32d
Infantry Regiment, 7th Infantry Division.
SEC. 563. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO
WOODROW W. KEEBLE FOR ACTS OF VALOR DURING THE
KOREAN WAR.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 3744 of title 10, United
States Code, or any other time limitation with respect to the
awarding of certain medals to persons who served in the Armed
Forces, the President is authorized and requested to award the
Medal of Honor under section 3741 of such title to Woodrow W.
Keeble for the acts of valor described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of Woodrow W. Keeble of the
United States Army as an acting platoon leader on October 20,
1950, during the Korean War.
SEC. 564. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO
PRIVATE PHILIP G. SHADRACH FOR ACTS OF VALOR AS ONE
OF ANDREWS' RAIDERS DURING THE CIVIL WAR.
(a) Authorization.--Notwithstanding the time limitations
specified in section 3744 of title 10, United States Code, or
any other time limitation with respect to the awarding of
certain medals to persons who served in the Armed Forces, the
President is authorized and requested to award the Medal of
Honor under section 3741 of such title posthumously to Private
Philip G. Shadrach of Company K, 2nd Ohio Volunteer Infantry
Regiment for the acts of valor described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of Philip G. Shadrach as one
of Andrews' Raiders during the Civil War on April 12, 1862.
SEC. 565. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO
PRIVATE GEORGE D. WILSON FOR ACTS OF VALOR AS ONE
OF ANDREWS' RAIDERS DURING THE CIVIL WAR.
(a) Authorization.--The President is authorized and
requested to award the Medal of Honor under section 3741 of
title 10, United States Code, posthumously to Private George D.
Wilson of Company B, 2nd Ohio Volunteer Infantry Regiment for
the acts of valor described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of George D. Wilson as one of
Andrews' Raiders during the Civil War on April 12, 1862.
Subtitle G--Impact Aid and Defense Dependents Education System
SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL
AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE
ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES.
(a) Assistance to Schools With Significant Numbers of
Military Dependent Students.--Of the amount authorized to be
appropriated pursuant to section 301(5) for operation and
maintenance for Defense-wide activities, $30,000,000 shall be
available only for the purpose of providing assistance to local
educational agencies under subsection (a) of section 572 of the
National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3271; 20 U.S.C. 7703b).
(b) Assistance to Schools With Enrollment Changes Due to
Base Closures, Force Structure Changes, or Force Relocations.--
Of the amount authorized to be appropriated 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.
(c) Local Educational Agency Defined.--In this section, the
term ``local educational agency'' has the meaning given that
term in section 8013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 572. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated pursuant to
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
Public Law 106-398; 114 Stat. 1654A-77; 20 U.S.C. 7703a).
SEC. 573. INCLUSION OF DEPENDENTS OF NON-DEPARTMENT OF DEFENSE
EMPLOYEES EMPLOYED ON FEDERAL PROPERTY IN PLAN
RELATING TO FORCE STRUCTURE CHANGES, RELOCATION OF
MILITARY UNITS, OR BASE CLOSURES AND REALIGNMENTS.
Section 574(e)(3) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2227; 20 U.S.C. 7703b note) is amended--
(1) in subparagraph (A), by striking ``and'' at the
end;
(2) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(3) by adding at the end the following new
subparagraph:
``(C) elementary and secondary school
students who are dependents of personnel who
are not members of the Armed Forces or civilian
employees of the Department of Defense but who
are employed on Federal property.''.
SEC. 574. PAYMENT OF PRIVATE BOARDING SCHOOL TUITION FOR MILITARY
DEPENDENTS IN OVERSEAS AREAS NOT SERVED BY DEFENSE
DEPENDENTS' EDUCATION SYSTEM SCHOOLS.
Section 1407(b)(1) of the Defense Dependents' Education Act
of 1978 (20 U.S.C. 926(b)(1)) is amended by inserting after the
first sentence the following new sentence: ``Schools to which
tuition may be paid under this subsection may include private
boarding schools in the United States.''.
Subtitle H--Military Families
SEC. 581. DEPARTMENT OF DEFENSE MILITARY FAMILY READINESS COUNCIL AND
POLICY AND PLANS FOR MILITARY FAMILY READINESS.
(a) In General.--Subchapter I of chapter 88 of title 10,
United States Code, is amended by inserting after section 1781
the following new sections:
``Sec. 1781a. Department of Defense Military Family Readiness Council
``(a) In General.--There is in the Department of Defense
the Department of Defense Military Family Readiness Council (in
this section referred to as the `Council').
``(b) Members.--(1) The Council shall consist of the
following members:
``(A) The Under Secretary of Defense for Personnel
and Readiness, who shall serve as chair of the Council.
``(B) One representative of each of the Army, Navy,
Marine Corps, and Air Force, who shall be appointed by
the Secretary of Defense.
``(C) Three individuals appointed by the Secretary
of Defense from among representatives of military
family organizations, including military family
organizations of families of members of the regular
components and of families of members of the reserve
components.
``(D) In addition to the representatives appointed
under subparagraph (B), the senior enlisted advisors of
the Army, Navy, Marine Corps, and Air Force, or the
spouse of a senior enlisted member from each of the
Army, Navy, Marine Corps, and Air Force.
``(2) The term on the Council of the members appointed
under paragraph (1)(C) shall be three years.
``(c) Meetings.--The Council shall meet not less often than
twice each year.
``(d) Duties.--The duties of the Council shall include the
following:
``(1) To review and make recommendations to the
Secretary of Defense regarding the policy and plans
required under section 1781b of this title.
``(2) To monitor requirements for the support of
military family readiness by the Department of Defense.
``(3) To evaluate and assess the effectiveness of
the military family readiness programs and activities
of the Department of Defense.
``(e) Annual Reports.--(1) Not later than February 1 each
year, the Council shall submit to the Secretary of Defense and
the congressional defense committees a report on military
family readiness.
``(2) Each report under this subsection shall include the
following:
``(A) An assessment of the adequacy and
effectiveness of the military family readiness programs
and activities of the Department of Defense during the
preceding fiscal year in meeting the needs and
requirements of military families.
``(B) Recommendations on actions to be taken to
improve the capability of the military family readiness
programs and activities of the Department of Defense to
meet the needs and requirements of military families,
including actions relating to the allocation of funding
and other resources to and among such programs and
activities.
``Sec. 1781b. Department of Defense policy and plans for military
family readiness
``(a) Policy and Plans Required.--The Secretary of Defense
shall develop a policy and plans for the Department of Defense
for the support of military family readiness.
``(b) Purposes.--The purposes of the policy and plans
required under subsection (a) are as follows:
``(1) To ensure that the military family readiness
programs and activities of the Department of Defense
are comprehensive, effective, and properly supported.
``(2) To ensure that support is continuously
available to military families in peacetime and in war,
as well as during periods of force structure change and
relocation of military units.
``(3) To ensure that the military family readiness
programs and activities of the Department of Defense
are available to all military families, including
military families of members of the regular components
and military families of members of the reserve
components.
``(4) To make military family readiness an explicit
element of applicable Department of Defense plans,
programs, and budgeting activities, and that
achievement of military family readiness is expressed
through Department-wide goals that are identifiable and
measurable.
``(5) To ensure that the military family readiness
programs and activities of the Department of Defense
undergo continuous evaluation in order to ensure that
resources are allocated and expended for such programs
and activities to achieve Department-wide family
readiness goals.
``(c) Elements of Policy.--The policy required under
subsection (a) shall include the following elements:
``(1) A list of military family readiness programs
and activities.
``(2) Department of Defense-wide goals for military
family support, including joint programs, both for
military families of members of the regular components
and military families of members of the reserve
components.
``(3) Policies on access to military family support
programs and activities based on military family
populations served and geographical location.
``(4) Metrics to measure the performance and
effectiveness of the military family readiness programs
and activities of the Department of Defense.
``(5) A summary, by fiscal year, of the allocation
of funds (including appropriated funds and
nonappropriated funds) for major categories of military
family readiness programs and activities of the
Department of Defense, set forth for each of the
military departments and for the Office of the
Secretary of Defense.
``(d) Annual Report.--Not later than March 1, 2008, and
each year thereafter, the Secretary of Defense shall submit to
the congressional defense committees a report on the plans
required under subsection (a) for the five-fiscal-year period
beginning with the fiscal year in which the report is
submitted. Each report shall include the plans covered by the
report and an assessment of the discharge by the Department of
Defense of the previous plans submitted under this section.''.
(b) Report on Military Family Readiness Policy.--Not later
than February 1, 2009, the Secretary of Defense shall submit to
the congressional defense committees a report setting forth the
policy developed under section 1781b of title 10, United States
Code, as added by subsection (a).
(c) Surveys of Military Families.--Section 1782 of title
10, United States Code, is amended by adding at the end the
following new subsection:
``(d) Survey Required for Fiscal Year 2010.--
Notwithstanding subsection (a), during fiscal year 2010, the
Secretary of Defense shall conduct a survey otherwise
authorized under such subsection. Thereafter, additional
surveys may be conducted not less often than once every three
fiscal years.''.
(d) Clerical Amendment.--The table of sections at the
beginning of subchapter I of chapter 88 of such title is
amended by inserting after the item relating to section 1781
the following new items:
``1781a. Department of Defense Military Family Readiness Council.
``1781b. Department of Defense policy and plans for military family
readiness.''.
SEC. 582. YELLOW RIBBON REINTEGRATION PROGRAM.
(a) Establishment of Program.--The Secretary of Defense
shall establish a national combat veteran reintegration program
to provide National Guard and Reserve members and their
families with sufficient information, services, referral, and
proactive outreach opportunities throughout the entire
deployment cycle. This program shall be known as the Yellow
Ribbon Reintegration Program.
(b) Purpose of Program; Deployment Cycle.--The Yellow
Ribbon Reintegration Program shall consist of informational
events and activities for members of the reserve components of
the Armed Forces, their families, and community members to
facilitate access to services supporting their health and well-
being through the four phases of the deployment cycle:
(1) Pre-Deployment.
(2) Deployment.
(3) Demobilization.
(4) Post-Deployment-Reconstitution.
(c) Executive Agent.--The Secretary shall designate the
Under Secretary of Defense for Personnel and Readiness as the
Department of Defense executive agent for the Yellow Ribbon
Reintegration Program.
(d) Office for Reintegration Programs.--
(1) Establishment.--The Under Secretary of Defense
for Personnel and Readiness shall establish the Office
for Reintegration Programs within the Office of the
Secretary of Defense. The office shall administer all
reintegration programs in coordination with State
National Guard organizations. The office shall be
responsible for coordination with existing National
Guard and Reserve family and support programs. The
Directors of the Army National Guard and Air National
Guard and the Chiefs of the Army Reserve, Marine Corps
Reserve, Navy Reserve, and Air Force Reserve may
appoint liaison officers to coordinate with the
permanent office staff. The office may also enter into
partnerships with other public entities, including the
Department of Health and Human Services, Substance
Abuse and the Mental Health Services Administration,
for access to necessary substance abuse and mental
health treatment services from local State-licensed
service providers.
(2) Center for excellence in reintegration.--The
Office for Reintegration Programs shall establish a
Center for Excellence in Reintegration within the
office. The Center shall collect and analyze ``lessons
learned'' and suggestions from State National Guard and
Reserve organizations with existing or developing
reintegration programs. The Center shall also assist in
developing training aids and briefing materials and
training representatives from State National Guard and
Reserve organizations.
(e) Advisory Board.--
(1) Appointment.--The Secretary of Defense shall
appoint an advisory board to analyze the Yellow Ribbon
Reintegration Program and report on areas of success
and areas for necessary improvements. The advisory
board shall include the Director of the Army National
Guard, the Director of the Air National Guard, Chiefs
of the Army Reserve, Marine Corps Reserve, Navy
Reserve, and Air Force Reserve, the Assistant Secretary
of Defense for Reserve Affairs, an Adjutant General on
a rotational basis as determined by the Chief of the
National Guard Bureau, and any other Department of
Defense, Federal Government agency, or outside
organization as determined by the Secretary of Defense.
The members of the advisory board may designate
representatives in their stead.
(2) Schedule.--The advisory board shall meet on a
schedule determined by the Secretary of Defense.
(3) Initial reporting requirement.--The advisory
board shall issue internal reports as necessary and
shall submit an initial report to the Committees on
Armed Services of the Senate and House of
Representatives not later than 180 days after the end
of the one-year period beginning on the date of the
establishment of the Office for Reintegration Programs.
The report shall contain--
(A) an evaluation of the implementation of
the Yellow Ribbon Reintegration Program by
State National Guard and Reserve organizations;
(B) an assessment of any unmet resource
requirements; and
(C) recommendations regarding closer
coordination between the Office of
Reintegration Programs and State National Guard
and Reserve organizations.
(4) Annual reports.--The advisory board shall
submit annual reports to the Committees on Armed
Services of the Senate and the House of Representatives
following the initial report by the first week in March
of subsequent years following the initial report.
(f) State Deployment Cycle Support Teams.--The Office for
Reintegration Programs may employ personnel to administer the
Yellow Ribbon Reintegration Program at the State level. The
primary function of team members shall be--
(1) to implement the reintegration curriculum
through the deployment cycle described in subsection
(g);
(2) to obtain necessary service providers; and
(3) to educate service providers regarding the
unique military nature of the reintegration program.
(g) Operation of Program Through Deployment Cycle.--
(1) In general.--The Office for Reintegration
Programs shall analyze the demographics, placement of
State Family Assistance Centers and their resources
before a mobilization alert is issued to affected State
National Guard and Reserve organizations. The Office of
Reintegration Programs shall consult with affected
State National Guard and Reserve organizations
following the issuance of a mobilization alert and
implement the reintegration events in accordance with
the Reintegration Program phase model.
(2) Pre-deployment phase.--The Pre-Deployment Phase
shall constitute the time from first notification of
mobilization until deployment of the mobilized National
Guard or Reserve unit. Events and activities shall
focus on providing education and ensuring the readiness
of members of the unit, their families, and affected
communities for the rigors of a combat deployment.
(3) Deployment phase.--The Deployment Phase shall
constitute the period from deployment of the mobilized
National Guard or Reserve unit until the unit arrives
at a demobilization station inside the continental
United States. Events and services provided shall focus
on the challenges and stress associated with separation
and having a member in a combat zone. Information
sessions shall utilize State National Guard and Reserve
resources in coordination with the Employer Support of
Guard and Reserve Office, Transition Assistance
Advisors, and the State Family Programs Director.
(4) Demobilization phase.--
(A) In general.--The Demobilization Phase
shall constitute the period from arrival of the
National Guard or Reserve unit at the
demobilization station until its departure for
home station.
(B) Initial reintegration activity.--The
purpose of this reintegration program is to
educate members about the resources that are
available to them and to connect members to
service providers who can assist them in
overcoming the challenges of reintegration.
(5) Post-deployment-reconstitution phase.--
(A) In general.--The Post-Deployment-
Reconstitution Phase shall constitute the
period from arrival at home station until 180
days following demobilization. Activities and
services provided shall focus on reconnecting
members with their families and communities and
providing resources and information necessary
for successful reintegration. Reintegration
events shall begin with elements of the Initial
Reintegration Activity program that were not
completed during the Demobilization Phase.
(B) 30-day, 60-day, and 90-day
reintegration activities.--The State National
Guard and Reserve organizations shall hold
reintegration activities at the 30-day, 60-day,
and 90-day interval following demobilization.
These activities shall focus on reconnecting
members and their families with the service
providers from the Initial Reintegration
Activity to ensure that members and their
families understand what benefits they are
entitled to and what resources are available to
help them overcome the challenges of
reintegration. The Reintegration Activities
shall also provide a forum for members and
their families to address negative behaviors
related to combat stress and transition.
(C) Member pay.--Members shall receive
appropriate pay for days spent attending the
Reintegration Activities at the 30-day, 60-day,
and 90-day intervals.
(h) Outreach Services.--As part of the Yellow Ribbon
Reintegration Program, the Office for Reintegration Programs
may develop programs of outreach to members of the Armed Forces
and their family members to educate such members and their
family members about the assistance and services available to
them under the Yellow Ribbon Reintegration Program. Such
assistance and services may include the following:
(1) Marriage counseling.
(2) Services for children.
(3) Suicide prevention.
(4) Substance abuse awareness and treatment.
(5) Mental health awareness and treatment.
(6) Financial counseling.
(7) Anger management counseling.
(8) Domestic violence awareness and prevention.
(9) Employment assistance.
(10) Preparing and updating family care plans.
(11) Development of strategies for living with a
member of the Armed Forces with post traumatic stress
disorder or traumatic brain injury.
(12) Other services that may be appropriate to
address the unique needs of members of the Armed Forces
and their families who live in rural or remote areas
with respect to family readiness and servicemember
reintegration.
(13) Assisting members of the Armed Forces and
their families find and receive assistance with
military family readiness and servicemember
reintegration, including referral services.
(14) Development of strategies and programs that
recognize the need for long-term follow-up services for
reintegrating members of the Armed Forces and their
families for extended periods following deployments,
including between deployments.
(15) Assisting members of the Armed Forces and
their families in receiving services and assistance
from the Department of Veterans Affairs, including
referral services.
SEC. 583. STUDY TO ENHANCE AND IMPROVE SUPPORT SERVICES AND PROGRAMS
FOR FAMILIES OF MEMBERS OF REGULAR AND RESERVE
COMPONENTS UNDERGOING DEPLOYMENT.
(a) Study Required.--The Secretary of Defense shall conduct
a study to determine the most effective means to enhance and
improve family support programs for families of deployed
members of the regular and reserve components of the Armed
Forces before, during, and after deployment. The study shall
also take into account the potential to utilize non-
governmental and local private sector entities and other
Federal agencies having expertise in health and well-being of
families, including family members who are children, infants,
or toddlers.
(b) Elements.--The study shall include at a minimum the
following:
(1) The assessment of the types of information on
health care and mental health benefits and services and
other community resources that should be made available
to members of the regular and reserve components and
their families, including--
(A) crisis services;
(B) marriage and family counseling; and
(C) financial counseling.
(2) An assessment of means to improve support to
the parents and caretakers of military dependent
children in order to mitigate any adverse effects of
the deployment of members on such children, including
consideration of the following:
(A) The need to develop materials for
parents and other caretakers of children to
assist in responding to the effects of such
deployment on children, including extended and
multiple deployments and reunion (and the death
or injury of members during such deployment),
and the role that parents and caretakers can
play in addressing or mitigating such effects.
(B) The potential best practices that are
identified which build psychological and
emotional resiliency in children in coping with
deployment.
(C) The potential to improve dissemination
throughout the Armed Forces of the most
effective practices for outreach, training, and
building psychological and emotional resiliency
in children.
(D) The effectiveness of training materials
for education, mental health, health, and
family support professionals who provide
services to parents and caretakers of military
dependent children.
(E) The requirement to develop programs and
activities to increase awareness throughout the
military and civilian communities of the
effects of deployment of a military spouse or
guardians for such children and their families
and to increase collaboration within such
communities to address and mitigate such
effects.
(F) The development of training for early
child care and education, mental health, health
care, and family support professionals to
enhance the awareness of such professionals of
their role in assisting families in addressing
and mitigating the adverse implications of such
deployment.
(G) The conduct of research on best
practices for building psychological and
emotional resiliency in such children in coping
with the deployment of such members.
(3) An assessment of the effectiveness of family-
to-family support programs--
(A) in providing peer support for families
of deployed members of the regular and reserve
components;
(B) in identifying and preventing family
problems in such families;
(C) in reducing adverse outcomes for
children of such families, including poor
academic performance, behavioral problems,
stress, and anxiety;
(D) in improving family readiness and post
deployment transition for such families; and
(E) in utilizing spouses of members of the
Armed Forces as counselors for families of
deployed members, in order to assist such
families in coping before, during, and after
the deployment, and the best practices for
training spouses of members of the Armed Forces
to act as counselors for families of deployed
members.
(4) An assessment of the effectiveness of
transition assistance programs and policies for
families of members during post-deployment transition
from a combat zone back to civilian or military
communities--
(A) in identifying signs and symptoms of
mental health conditions for both service
member and their families; and
(B) in receiving information and resources
available within the local communities to ease
transition.
(5) An assessment of the impact of multiple
overseas deployments of members on their families,
particularly in the case of members serving in
Operation Iraqi Freedom and Operation Enduring Freedom,
including financial impacts and emotional impacts.
(6) An assessment of the most effective timing of
providing information and support to the families of
deployed members before, during, and after deployment,
including at least six months after the date of return
of deployed members.
(7) An assessment of the need for additional long-
term research on the effects of multiple wartime
deployments on families, including children, and
critical areas of focus that should be addressed by
such research.
(c) Report on Results of Study.--Not later than 180 days
after the date of enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees a
report containing the results of the study conducted under
subsection (a).
SEC. 584. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR PARENTS WHO ARE
MEMBERS OF THE ARMED FORCES DEPLOYED IN SUPPORT OF
A CONTINGENCY OPERATION.
(a) Protection of Servicemembers Against Default
Judgments.--Section 201(a) of the Servicemembers Civil Relief
Act (50 U.S.C. App. 521(a)) is amended by inserting ``,
including any child custody proceeding,'' after ``proceeding''.
(b) Stay of Proceedings When Servicemember Has Notice.--
Section 202(a) of the Servicemembers Civil Relief Act (50
U.S.C. App. 522(a)) is amended by inserting ``, including any
child custody proceeding,'' after ``civil action or
proceeding''.
SEC. 585. FAMILY LEAVE IN CONNECTION WITH INJURED MEMBERS OF THE ARMED
FORCES.
(a) Servicemember Family Leave.--
(1) Definitions.--Section 101 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611) is amended
by adding at the end the following new paragraphs:
``(14) Active duty.--The term `active duty' means
duty under a call or order to active duty under a
provision of law referred to in section 101(a)(13)(B)
of title 10, United States Code.
``(15) Contingency operation.--The term
`contingency operation' has the same meaning given such
term in section 101(a)(13) of title 10, United States
Code.
``(16) Covered servicemember.--The term `covered
servicemember' means a member of the Armed Forces,
including a member of the National Guard or Reserves,
who is undergoing medical treatment, recuperation, or
therapy, is otherwise in outpatient status, or is
otherwise on the temporary disability retired list, for
a serious injury or illness.
``(17) Outpatient status.--The term `outpatient
status', with respect to a covered servicemember, means
the status of a member of the Armed Forces assigned
to--
``(A) a military medical treatment facility
as an outpatient; or
``(B) a unit established for the purpose of
providing command and control of members of the
Armed Forces receiving medical care as
outpatients.
``(18) Next of kin.--The term `next of kin', used
with respect to an individual, means the nearest blood
relative of that individual.
``(19) Serious injury or illness.--The term
`serious injury or illness', in the case of a member of
the Armed Forces, including a member of the National
Guard or Reserves, means an injury or illness incurred
by the member in line of duty on active duty in the
Armed Forces that may render the member medically unfit
to perform the duties of the member's office, grade,
rank, or rating.''.
(2) Entitlement to leave.--Section 102(a) of such
Act (29 U.S.C. 2612(a)) is amended--
(A) in paragraph (1), by adding at the end
the following new subparagraph:
``(E) Because of any qualifying exigency
(as the Secretary shall, by regulation,
determine) arising out of the fact that the
spouse, or a son, daughter, or parent of the
employee is on active duty (or has been
notified of an impending call or order to
active duty) in the Armed Forces in support of
a contingency operation.''; and
(B) by adding at the end the following new
paragraphs:
``(3) Servicemember family leave.--Subject to
section 103, an eligible employee who is the spouse,
son, daughter, parent, or next of kin of a covered
servicemember shall be entitled to a total of 26
workweeks of leave during a 12-month period to care for
the servicemember. The leave described in this
paragraph shall only be available during a single 12-
month period.
``(4) Combined leave total.--During the single 12-
month period described in paragraph (3), an eligible
employee shall be entitled to a combined total of 26
workweeks of leave under paragraphs (1) and (3).
Nothing in this paragraph shall be construed to limit
the availability of leave under paragraph (1) during
any other 12-month period.''.
(3) Requirements relating to leave.--
(A) Schedule.--Section 102(b) of such Act
(29 U.S.C. 2612(b)) is amended--
(i) in paragraph (1), in the second
sentence--
(I) by striking ``section
103(b)(5)'' and inserting
``subsection (b)(5) or (f) (as
appropriate) of section 103'';
and
(II) by inserting ``or
under subsection (a)(3)'' after
``subsection (a)(1)'';
(ii) in paragraph (1), by inserting
after the second sentence the following
new sentence: ``Subject to subsection
(e)(3) and section 103(f), leave under
subsection (a)(1)(E) may be taken
intermittently or on a reduced leave
schedule.''; and
(iii) in paragraph (2), by
inserting ``or under subsection
(a)(3)'' after ``subsection (a)(1)''.
(B) Substitution of paid leave.--Section
102(d) of such Act (29 U.S.C. 2612(d)) is
amended--
(i) in paragraph (1)--
(I) by inserting ``(or 26
workweeks in the case of leave
provided under subsection
(a)(3))'' after ``12
workweeks'' the first place it
appears; and
(II) by inserting ``(or 26
workweeks, as appropriate)''
after ``12 workweeks'' the
second place it appears;
(ii) in paragraph (2)(A), by
striking ``or (C)'' and inserting
``(C), or (E)''; and
(iii) in paragraph (2)(B), by
adding at the end the following: ``An
eligible employee may elect, or an
employer may require the employee, to
substitute any of the accrued paid
vacation leave, personal leave, family
leave, or medical or sick leave of the
employee for leave provided under
subsection (a)(3) for any part of the
26-week period of such leave under such
subsection, except that nothing in this
title requires an employer to provide
paid sick leave or paid medical leave
in any situation in which the employer
would not normally provide any such
paid leave.''.
(C) Notice.--Section 102(e) of such Act (29
U.S.C. 2612(e)) is amended--
(i) in paragraph (2), by inserting
``or under subsection (a)(3)'' after
``subsection (a)(1)''; and
(ii) by adding at the end the
following new paragraph:
``(3) Notice for leave due to active duty of family
member.--In any case in which the necessity for leave
under subsection (a)(1)(E) is foreseeable, whether
because the spouse, or a son, daughter, or parent, of
the employee is on active duty, or because of
notification of an impending call or order to active
duty in support of a contingency operation, the
employee shall provide such notice to the employer as
is reasonable and practicable.''.
(D) Spouses employed by same employer.--
Section 102(f) of such Act (29 U.S.C. 2612(f))
is amended--
(i) by redesignating paragraphs (1)
and (2) as subparagraphs (A) and (B),
and aligning the margins of the
subparagraphs with the margins of
section 102(e)(2)(A);
(ii) by striking ``In any'' and
inserting the following:
``(1) In general.--In any''; and
(iii) by adding at the end the
following:
``(2) Servicemember family leave.--
``(A) In general.--The aggregate number of
workweeks of leave to which both that husband
and wife may be entitled under subsection (a)
may be limited to 26 workweeks during the
single 12-month period described in subsection
(a)(3) if the leave is--
``(i) leave under subsection
(a)(3); or
``(ii) a combination of leave under
subsection (a)(3) and leave described
in paragraph (1).
``(B) Both limitations applicable.--If the
leave taken by the husband and wife includes
leave described in paragraph (1), the
limitation in paragraph (1) shall apply to the
leave described in paragraph (1).''.
(E) Certification requirements.--Section
103 of such Act (29 U.S.C. 2613) is amended--
(i) in subsection (a)--
(I) by striking ``section
102(a)(1)'' and inserting
``paragraph (1) or paragraph
(3) of section 102(a)''; and
(II) by inserting ``or of
the next of kin of an
individual in the case of leave
taken under such paragraph
(3),'' after ``parent of the
employee,''; and
(ii) by adding at the end the
following:
``(f) Certification Related to Active Duty or Call to
Active Duty.--An employer may require that a request for leave
under section 102(a)(1)(E) be supported by a certification
issued at such time and in such manner as the Secretary may by
regulation prescribe. If the Secretary issues a regulation
requiring such certification, the employee shall provide, in a
timely manner, a copy of such certification to the employer.''.
(F) Failure to return.--Section 104(c) of
such Act (29 U.S.C. 2614(c)) is amended--
(i) in paragraph (2)(B)(i), by
inserting ``or under section
102(a)(3)'' before the semicolon; and
(ii) in paragraph (3)(A)--
(I) in clause (i), by
striking ``or'' at the end;
(II) in clause (ii), by
striking the period and
inserting ``; or''; and
(III) by adding at the end
the following:
``(iii) a certification issued by
the health care provider of the
servicemember being cared for by the
employee, in the case of an employee
unable to return to work because of a
condition specified in section
102(a)(3).''.
(G) Enforcement.--Section 107 of such Act
(29 U.S.C. 2617) is amended, in subsection
(a)(1)(A)(i)(II), by inserting ``(or 26 weeks,
in a case involving leave under section
102(a)(3))'' after ``12 weeks''.
(H) Instructional employees.--Section 108
of such Act (29 U.S.C. 2618) is amended, in
subsections (c)(1), (d)(2), and (d)(3), by
inserting ``or under section 102(a)(3)'' after
``section 102(a)(1)''.
(b) Servicemember Family Leave for Civil Service
Employees.--
(1) Definitions.--Section 6381 of title 5, United
States Code, is amended--
(A) in paragraph (5), by striking ``and''
at the end;
(B) in paragraph (6), by striking the
period and inserting a semicolon; and
(C) by adding at the end the following:
``(7) the term `active duty' means duty under a
call or order to active duty under a provision of law
referred to in section 101(a)(13)(B) of title 10;
``(8) the term `covered servicemember' means a
member of the Armed Forces, including a member of the
National Guard or Reserves, who is undergoing medical
treatment, recuperation, or therapy, is otherwise in an
outpatient status, or is otherwise on the temporary
disability retired list, for a serious injury or
illness;
``(9) the term `outpatient status', with respect to
a covered servicemember, means the status of a member
of the Armed Forces assigned to--
``(A) a military medical treatment facility
as an outpatient; or
``(B) a unit established for the purpose of
providing command and control of members of the
Armed Forces receiving medical care as
outpatients;
``(10) the term `next of kin', used with respect to
an individual, means the nearest blood relative of that
individual; and
``(11) the term `serious injury or illness', in the
case of a member of the Armed Forces, means an injury
or illness incurred by the member in line of duty on
active duty in the Armed Forces that may render the
member medically unfit to perform the duties of the
member's office, grade, rank, or rating.''.
(2) Entitlement to leave.--Section 6382(a) of such
title is amended by adding at the end the following:
``(3) Subject to section 6383, an employee who is the
spouse, son, daughter, parent, or next of kin of a covered
servicemember shall be entitled to a total of 26 administrative
workweeks of leave during a 12-month period to care for the
servicemember. The leave described in this paragraph shall only
be available during a single 12-month period.
``(4) During the single 12-month period described in
paragraph (3), an employee shall be entitled to a combined
total of 26 administrative workweeks of leave under paragraphs
(1) and (3). Nothing in this paragraph shall be construed to
limit the availability of leave under paragraph (1) during any
other 12-month period.''.
(3) Requirements relating to leave.--
(A) Schedule.--Section 6382(b) of such
title is amended--
(i) in paragraph (1), in the second
sentence--
(I) by striking ``section
6383(b)(5)'' and inserting
``subsection (b)(5) or (f) (as
appropriate) of section 6383'';
and
(II) by inserting ``or
under subsection (a)(3)'' after
``subsection (a)(1)''; and
(ii) in paragraph (2), by inserting
``or under subsection (a)(3)'' after
``subsection (a)(1)''.
(B) Substitution of paid leave.--Section
6382(d) of such title is amended by adding at
the end the following: ``An employee may elect
to substitute for leave under subsection (a)(3)
any of the employee's accrued or accumulated
annual or sick leave under subchapter I for any
part of the 26-week period of leave under such
subsection.''.
(C) Notice.--Section 6382(e) of such title
is amended by inserting ``or under subsection
(a)(3)'' after ``subsection (a)(1)''.
(D) Certification.--Section 6383 of such
title is amended by adding at the end the
following:
``(f) An employing agency may require that a request for
leave under section 6382(a)(3) be supported by a certification
issued at such time and in such manner as the Office of
Personnel Management may by regulation prescribe.''.
SEC. 586. FAMILY CARE PLANS AND DEFERMENT OF DEPLOYMENT OF SINGLE
PARENT OR DUAL MILITARY COUPLES WITH MINOR
DEPENDENTS.
The Secretary of Defense shall establish appropriate
procedures to ensure that an adequate family care plan is in
place for a member of the Armed Forces with minor dependents
who is a single parent or whose spouse is also a member of the
Armed Forces when the member may be deployed in an area for
which imminent danger pay is authorized under section 310 of
title 37, United States Code. Such procedures should allow the
member to request a deferment of deployment due to unforeseen
circumstances, and the request for such a deferment should be
considered and responded to promptly.
SEC. 587. EDUCATION AND TREATMENT SERVICES FOR MILITARY DEPENDENT
CHILDREN WITH AUTISM.
(a) Assessment of Availability of Services.--The Secretary
of Defense shall conduct a comprehensive assessment of the
availability of Federal, State, and local education and
treatment services on and in the vicinity of a covered military
installation for children of members of the Armed Forces who
are diagnosed with autism. This assessment shall include the
following:
(1) The local availability of adequate educational
services for children with autism.
(2) The local availability of adequate medical
services for children with autism.
(3) The local availability of supplemental services
for children with autism.
(4) The ease of access of children with autism to
adequate educational services, such as the length of
time on waiting lists.
(b) Review of Best Practices.--In preparing the assessment
under subsection (a), the Secretary of Defense shall conduct a
review of best practices in the United States in the provision
of covered educational services and treatment services for
children with autism, including an assessment of Federal and
State education and treatment services for children with autism
in each State, with an emphasis on locations where eligible
members and eligible dependents reside. The Secretary of
Defense shall conduct the review in coordination with the
Secretary of Education.
(c) Personnel Management Requirements.--
(1) Limited stationing options.--The Secretary of
the military department concerned shall ensure that,
whenever practicable, eligible members are only
assigned to military installations that are identified
in the report required by subsection (g)(1).
(2) Stabilization policy.--The Secretary of the
military department concerned shall ensure that,
whenever practicable, the families of eligible members
residing at a military installation that is identified
in such report are permitted to remain at that
installation for a period of not less than four years.
(d) Case Managers and Services.--
(1) Case managers.--The Secretary of the military
department concerned shall ensure that eligible members
are assigned case managers for both medical services
and covered educational services for eligible
dependents, which shall be required under the
Exceptional Family Member Program pursuant to the
policy established by the Secretary.
(2) Individualized services plan.--The Secretary of
the military department concerned shall provide for the
voluntary development for eligible dependents of
individualized autism services plans for use by case
managers, caregivers, and families to ensure continuity
of services throughout the active military service of
eligible members.
(3) Autism support centers.--Secretary of the
military department concerned may establish local
centers on military installations for the purpose of
providing and coordinating autism services for eligible
dependents.
(4) Partnerships and contracts.--The Secretary of
the military department concerned is encouraged to
enter into partnerships or contracts with other
appropriate public and private entities to carry out
the responsibilities of this section.
(e) Demonstration Projects.--
(1) Projects authorized.--The Secretary of Defense
may conduct one or more demonstration projects to
evaluate improved approaches to the provision of
covered educational services and treatment services to
eligible dependents for the purpose of evaluating
strategies for integrated treatment and case manager
services, including early intervention and diagnosis,
medical care, parent involvement, special education
services, intensive behavioral intervention, and
language, communications, and other interventions
considered appropriate by the Secretary.
(2) Case managers and services plan.--Each
demonstration project shall include the assignment of
case managers under paragraph (1) of subsection (d) and
utilize the services plans prepared for eligible
dependents under paragraph (2) of such subsection.
(3) Supervisory level providers.--The Secretary of
Defense may utilize for purposes of the demonstration
projects personnel who are professionals with a level
(as determined by the Secretary) of post-secondary
education that is appropriate for the provision of safe
and effective services for autism and who are from an
accredited educational facility in the mental health,
human development, social work, or education field to
act as supervisory level providers of behavioral
intervention services for autism. In so acting, such
personnel may be authorized--
(A) to develop and monitor intensive
behavior intervention plans for eligible
dependents who are participating in the
demonstration projects; and
(B) to provide appropriate training in the
provision of approved services to participating
eligible dependents.
(4) Services under corporate services provider
model.--In carrying out the demonstration projects, the
Secretary of Defense may utilize a corporate services
provider model. Employees of a provider under such a
model shall include personnel who implement special
educational and behavioral intervention plans for
eligible dependents that are developed, reviewed, and
maintained by supervisory level providers approved by
the Secretary. In authorizing such a model, the
Secretary shall establish--
(A) minimum education, training, and
experience criteria required to be met by
employees who provide services to eligible
dependents;
(B) requirements for supervisory personnel
and supervision, including requirements for
supervisor credentials and for the frequency
and intensity of supervision; and
(C) such other requirements as the
Secretary considers appropriate to ensure
safety and the protection of the eligible
dependents who receive services from such
employees under the demonstration projects.
(5) Period.--If the Secretary of Defense determines
to conduct demonstration projects under this
subsection, the Secretary shall commence such
demonstration projects not later than 180 days after
the date of the enactment of this Act. The
demonstration projects shall be conducted for not less
than two years.
(6) Evaluation.--The Secretary of Defense shall
conduct an evaluation of each demonstration project
conducted under this section. The evaluation shall
include the following:
(A) An assessment of the extent to which
the activities under the demonstration project
contributed to positive outcomes for eligible
dependents.
(B) An assessment of the extent to which
the activities under the demonstration project
led to improvements in services and continuity
of care for eligible dependents.
(C) An assessment of the extent to which
the activities under the demonstration project
improved military family readiness and enhanced
military retention.
(f) Relationship to Other Benefits.--Nothing is this
section precludes the eligibility of members of the Armed
Forces and their dependents for extended benefits under section
1079 of title 10, United States Code.
(g) Reports.--
(1) Report identifying covered military
installations.--As a result of the assessment required
by subsection (a), the Secretary of Defense shall
submit to the congressional defense committees, not
later than December 31, 2008, a report identifying
those covered military installations that have covered
educational services and facilities available (on the
installation or in the vicinity of the installation)
for eligible dependents that provide special education
and related services consistent with the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et
seq.).
(2) Reports on demonstration projects.--Not later
than 30 months after the commencement of any
demonstration project under subsection (e), the
Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of
Representatives a report on the demonstration project.
The report shall include a description of the project,
the results of the evaluation under subsection (e)(6)
with respect to the project, and a description of plans
for the further provision of services for eligible
dependents under the project.
(h) Covered Educational Services Plan.--After completing
the assessment required by subsection (a) and the report
required by subsection (g)(1), the Secretary of Defense shall
develop a plan that would ensure that all eligible dependents
are able to obtain covered educational services. In the event
that eligible members are assigned to military installations
that are not identified in the report required by subsection
(g)(1), the plan should ensure that such eligible dependents
are still able to obtain covered educational services,
including by the use of authority granted to the Secretary
under section 2164 of title 10, United States Code. The plan
shall also include any legislative actions that the Secretary
recommends to implement the plan and describe what funding or
funding mechanisms may be needed to ensure eligible dependents
obtain covered educational services. The Secretary shall submit
the plan to the congressional defense committees not later than
July 1, 2009.
(i) Definitions.--In this section:
(1) The term ``autism'' refers to the Autism
Spectrum Disorders, which are developmental
disabilities that cause substantial impairments in the
areas of social interaction, emotional regulation,
communication, and the integration of higher-order
cognitive processes and are often characterized by the
presence of unusual behaviors and interests. The term
includes autistic disorder, pervasive developmental
disorder (not otherwise specified), and Asperger's
syndrome.
(2) The term ``child'' has the meaning given that
term in section 1072 of title 10, United States Code.
(3) The term ``covered military installation''
means a military installation at which at least 1,000
members of the Armed Forces are assigned who are
eligible for an assignment accompanied by dependents.
(4) The term ``eligible member'' means a member of
the Armed Forces who--
(A) has a dependent child who is diagnosed
with autism; and
(B) is enrolled in an Exceptional Family
Member Program of the Department of Defense.
(5) The term ``eligible dependent'' means a child
of an eligible member who is diagnosed with autism.
(6) The term ``local educational agency'' has the
meaning given that term in section 8013(9) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)), except that the term includes publicly
financed schools in communities, Department of Defense
domestic dependent elementary and secondary schools,
and schools of the defense dependents' education
system.
(7) The term ``covered educational services''
includes behavioral intervention services for autism,
such as Applied Behavioral Analysis.
SEC. 588. COMMENDATION OF EFFORTS OF PROJECT COMPASSION IN PAYING
TRIBUTE TO MEMBERS OF THE ARMED FORCES WHO HAVE
FALLEN IN THE SERVICE OF THE UNITED STATES.
(a) Commendation.--Congress, on the behalf of the people of
the United States, commends Kaziah M. Hancock and the four
other volunteer professional portrait artists of the nonprofit
organization known as Project Compassion, as well as the entire
Project Compassion organization, for their ongoing efforts to
provide, without charge, to the family of each member of the
Armed Forces who has died on active duty since September 11,
2001, a museum-quality original oil portrait of the member.
(b) Sense of Congress.--It is the sense of Congress that
the people of the United States owe the deepest gratitude to
Kaziah M. Hancock and the members of Project Compassion.
Subtitle I--Other Matters
SEC. 590. UNIFORM PERFORMANCE POLICIES FOR MILITARY BANDS AND OTHER
MUSICAL UNITS.
(a) In General.--
(1) Consolidation of separate authorities.--Chapter
49 of title 10, United States Code, is amended by
inserting after section 973 the following new section:
``Sec. 974. Uniform performance policies for military bands and other
musical units
``(a) Restrictions on Competition and Remuneration.--Bands,
ensembles, choruses, or similar musical units of the armed
forces, including individual members of such a unit performing
in an official capacity, may not--
``(1) engage in the performance of music in
competition with local civilian musicians; or
``(2) receive remuneration for official
performances.
``(b) Members Performing in Personal Capacity.--A member of
a band, ensemble, chorus, or similar musical unit of the armed
forces may engage in the performance of music in the member's
personal capacity, as an individual or part of a group, for
remuneration or otherwise, if the member--
``(1) does not wear a military uniform for the
performance;
``(2) does not identify himself or herself as a
member of the armed forces in connection with the
performance; and
``(3) complies with all other applicable
regulations and standards of conduct.
``(c) Recordings.--(1) When authorized pursuant to
regulations prescribed by the Secretary of Defense for purposes
of this section, bands, ensembles, choruses, or similar musical
units of the armed forces may produce recordings for
distribution to the public, at a cost not to exceed production
and distribution expenses.
``(2) Amounts received in payment for recordings
distributed to the public under this subsection shall be
credited to the 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.
``(d) Performance of Music in Competition With Local
Civilian Musicians Defined.--(1) In this section, the term
`performance of music in competition with local civilian
musicians' includes performances--
``(A) that are more than incidental to events that
are not supported solely by appropriated funds and are
not free to the public; and
``(B) of background, dinner, dance, or other social
music at events, regardless of location, that are not
supported solely by appropriated funds.
``(2) The term does not include performances--
``(A) at official Federal Government events that
are supported solely by appropriated funds;
``(B) at concerts, parades, and other events that
are patriotic events or celebrations of national
holidays and are free to the public; or
``(C) that are incidental, such as short
performances of military or patriotic music to open or
close events, to events that are not supported solely
by appropriated funds, in compliance with applicable
rules and regulations.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by inserting
after the item relating to section 973 the following
new item:
``974. Uniform performance policies for military bands and other musical
units.''.
(b) Repeal of Separate Service Authorities.--
(1) Repeal.--Sections 3634, 6223, and 8634 of such
title are repealed.
(2) Table of sections.--(A) The table of sections
at the beginning of chapter 349 of such title is
amended by striking the item relating to section 3634.
(B) The table of sections at the beginning of
chapter 565 of such title is amended by striking the
item relating to section 6223.
(C) The table of sections at the beginning of
chapter 849 of such title is amended by striking the
item relating to section 8634.
SEC. 591. TRANSPORTATION OF REMAINS OF DECEASED MEMBERS OF THE ARMED
FORCES AND CERTAIN OTHER PERSONS.
Section 1482(a)(8) of title 10, United States Code, is
amended by adding at the end the following new sentence: ``When
transportation of the remains includes transportation by
aircraft under section 562 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10
U.S.C. 1482 note), the Secretary concerned shall provide, to
the maximum extent practicable, for delivery of the remains by
air to the commercial, general aviation, or military airport
nearest to the place selected by the designee.''.
SEC. 592. EXPANSION OF NUMBER OF ACADEMIES SUPPORTABLE IN ANY STATE
UNDER STARBASE PROGRAM.
Section 2193b(c)(3) of title 10, United States Code, is
amended--
(1) in subparagraph (A), by striking ``more than
two academies'' and inserting ``more than four
academies''; and
(2) in subparagraph (B), by striking ``in excess of
two'' both places it appears and inserting ``in excess
of four''.
SEC. 593. GIFT ACCEPTANCE AUTHORITY.
(a) Permanent Authority To Accept Gifts on Behalf of the
Wounded.--Section 2601(b) of title 10, United States Code, is
amended by striking paragraph (4).
(b) Limitation on Solicitation of Gifts.--The Secretary of
Defense shall prescribe regulations implementing sections 2601
and 2608 of title 10, United States Code, that prohibit the
solicitation of any gift under such sections by any employee of
the Department of Defense if the nature or circumstances of
such solicitation would compromise the integrity or the
appearance of integrity of any program of the Department of
Defense or of any individual involved in such program.
SEC. 594. CONDUCT BY MEMBERS OF THE ARMED FORCES AND VETERANS OUT OF
UNIFORM DURING HOISTING, LOWERING, OR PASSING OF
UNITED STATES FLAG.
Section 9 of title 4, United States Code, is amended by
striking ``all persons present'' and all that follows through
the end of the section and inserting the following: ``all
persons present in uniform should render the military salute.
Members of the Armed Forces and veterans who are present but
not in uniform may render the military salute. All other
persons present should face the flag and stand at attention
with their right hand over the heart, or if applicable, remove
their headdress with their right hand and hold it at the left
shoulder, the hand being over the heart. Citizens of other
countries present should stand at attention. All such conduct
toward the flag in a moving column should be rendered at the
moment the flag passes.''.
SEC. 595. ANNUAL REPORT ON CASES REVIEWED BY NATIONAL COMMITTEE FOR
EMPLOYER SUPPORT OF THE GUARD AND RESERVE.
Section 4332 of title 38, United States Code, is amended--
(1) by redesignating paragraphs (2), (3), (4), (5),
and (6) as paragraphs (3), (4), (5), (6), and (7)
respectively;
(2) by inserting after paragraph (1) the following
new paragraph (2):
``(2) The number of cases reviewed by the Secretary
of Defense under the National Committee for Employer
Support of the Guard and Reserve of the Department of
Defense during the fiscal year for which the report is
made.''; and
(3) in paragraph (5), as so redesignated, by
striking ``(2), or (3)'' and inserting ``(2), (3), or
(4)''.
SEC. 596. MODIFICATION OF CERTIFICATE OF RELEASE OR DISCHARGE FROM
ACTIVE DUTY (DD FORM 214).
The Secretary of Defense, in consultation with the
Secretary of Veterans Affairs, shall modify the Certificate of
Release or Discharge from Active Duty (DD Form 214) in order to
permit a member of the Armed Forces, upon discharge or release
from active duty in the Armed Forces, to elect that the DD-214
issued with regard to the member be forwarded to the following:
(1) The Central Office of the Department of
Veterans Affairs in the District of Columbia.
(2) The appropriate office of the Department of
Veterans Affairs for the State or other locality in
which the member will first reside after such discharge
or release.
SEC. 597. REPORTS ON ADMINISTRATIVE SEPARATIONS OF MEMBERS OF THE ARMED
FORCES FOR PERSONALITY DISORDER.
(a) Secretary of Defense Report on Administrative
Separations Based on Personality Disorder.--
(1) Report required.--Not later than April 1, 2008,
the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report on all cases of administrative
separation from the Armed Forces of covered members of
the Armed Forces on the basis of a personality
disorder.
(2) Elements.--The report required by paragraph (1)
shall include the following:
(A) A statement of the total number of
cases, by Armed Force, in which covered members
of the Armed Forces have been separated from
the Armed Forces on the basis of a personality
disorder, and an identification of the various
forms of personality disorder forming the basis
for such separations.
(B) A statement of the total number of
cases, by Armed Force, in which covered members
of the Armed Forces who have served in Iraq and
Afghanistan since October 2001 have been
separated from the Armed Forces on the basis of
a personality disorder, and the identification
of the various forms of personality disorder
forming the basis for such separations.
(C) A summary of the policies, by Armed
Force, controlling administrative separations
of members of the Armed Forces based on
personality disorder, and an evaluation of the
adequacy of such policies for ensuring that
covered members of the Armed Forces who may be
eligible for disability evaluation due to
mental health conditions are not separated from
the Armed Forces on the basis of a personality
order.
(D) A discussion of measures being
implemented to ensure that members of the Armed
Forces who should be evaluated for disability
separation or retirement due to mental health
conditions are not processed for separation
from the Armed Forces on the basis of a
personality disorder, and recommendations
regarding how members of the Armed Forces who
may have been so separated from the Armed
Forces should be provided with expedited review
by the applicable board for the correction of
military records.
(b) Comptroller General Report on Policies on
Administrative Separation Based on Personality Disorder.--
(1) Report required.--Not later than June 1, 2008,
the Comptroller General shall submit to Congress a
report evaluating the policies and procedures of the
Department of Defense and of the military departments
relating to the separation of members of the Armed
Forces based on a personality disorder.
(2) Elements.--The report required by paragraph (1)
shall--
(A) include an audit of a sampling of cases
to determine the validity and clinical efficacy
of the policies and procedures referred to in
paragraph (1) and the extent, if any, of the
divergence between the terms of such policies
and procedures and the implementation of such
policies and procedures; and
(B) include a determination by the
Comptroller General of whether, and to what
extent, the policies and procedures referred to
in paragraph (1)--
(i) deviate from standard clinical
diagnostic practices and current
clinical standards; and
(ii) provide adequate safeguards
aimed at ensuring that members of the
Armed Forces who suffer from mental
health conditions (including
depression, post-traumatic stress
disorder, or traumatic brain injury)
resulting from service in a combat zone
are not separated from the Armed Forces
on the basis of a personality disorder.
(3) Alternative submission method.--In lieu of
submitting a separate report under this subsection, the
Comptroller may include the evaluation, audit and
determination required by this subsection as part of
the study of mental health services required by section
723 of the Ronald W. Reagan National Defense
Authorization Act of 2005 (Public Law 108-375; 118
Stat. 1989).
(c) Covered Member of the Armed Forces Defined.--In this
section, the term ``covered member of the Armed Forces''
includes the following:
(1) Any member of a regular component of the Armed
Forces who has served in Iraq or Afghanistan since
October 2001.
(2) Any member of the Selected Reserve of the Ready
Reserve of the Armed Forces who served on active duty
in Iraq or Afghanistan since October 2001.
SEC. 598. PROGRAM TO COMMEMORATE 50TH ANNIVERSARY OF THE VIETNAM WAR.
(a) Commemorative Program Authorized.--The Secretary of
Defense may conduct a program to commemorate the 50th
anniversary of the Vietnam War. In conducting the commemorative
program, the Secretary shall coordinate, support, and
facilitate other programs and activities of the Federal
Government, State and local governments, and other persons and
organizations in commemoration of the Vietnam War.
(b) Schedule.--The Secretary of Defense shall determine the
schedule of major events and priority of efforts for the
commemorative program in order to ensure achievement of the
objectives specified in subsection (c).
(c) Commemorative Activities and Objectives.--The
commemorative program may include activities and ceremonies to
achieve the following objectives:
(1) To thank and honor veterans of the Vietnam War,
including personnel who were held as prisoners of war
or listed as missing in action, for their service and
sacrifice on behalf of the United States and to thank
and honor the families of these veterans.
(2) To highlight the service of the Armed Forces
during the Vietnam War and the contributions of Federal
agencies and governmental and non-governmental
organizations that served with, or in support of, the
Armed Forces.
(3) To pay tribute to the contributions made on the
home front by the people of the United States during
the Vietnam War.
(4) To highlight the advances in technology,
science, and medicine related to military research
conducted during the Vietnam War.
(5) To recognize the contributions and sacrifices
made by the allies of the United States during the
Vietnam War.
(d) Names and Symbols.--The Secretary of Defense shall have
the sole and exclusive right to use the name ``The United
States of America Vietnam War Commemoration'', and such seal,
emblems, and badges incorporating such name as the Secretary
may lawfully adopt. Nothing in this section may be construed to
supersede rights that are established or vested before the date
of the enactment of this Act.
(e) Commemorative Fund.--
(1) Establishment and administration.--If the
Secretary establishes the commemorative program under
subsection (a), the Secretary the Treasury shall
establish in the Treasury of the United States an
account to be known as the ``Department of Defense
Vietnam War Commemoration Fund'' (in this section
referred to as the ``Fund''). The Fund shall be
administered by the Secretary of Defense.
(2) Use of fund.--The Secretary shall use the
assets of the Fund only for the purpose of conducting
the commemorative program and shall prescribe such
regulations regarding the use of the Fund as the
Secretary considers to be necessary.
(3) Deposits.--There shall be deposited into the
Fund--
(A) amounts appropriated to the Fund;
(B) proceeds derived from the Secretary's
use of the exclusive rights described in
subsection (d);
(C) donations made in support of the
commemorative program by private and corporate
donors; and
(D) funds transferred to the Fund by the
Secretary from funds appropriated for fiscal
year 2008 and subsequent years for the
Department of Defense.
(4) Availability.--Subject to subsection (g)(2),
amounts deposited under paragraph (3) shall constitute
the assets of the Fund and remain available until
expended.
(5) Budget request.--The Secretary of Defense may
establish a separate budget line for the commemorative
program. In the budget justification materials
submitted by the Secretary in support of the budget of
the President for any fiscal year for which the
Secretary establishes the separate budget line, the
Secretary shall--
(A) identify and explain any amounts
expended for the commemorative program in the
fiscal year preceding the budget request;
(B) identify and explain the amounts being
requested to support the commemorative program
for the fiscal year of the budget request; and
(C) present a summary of the fiscal status
of the Fund.
(f) Acceptance of Voluntary Services.--
(1) Authority to accept services.--Notwithstanding
section 1342 of title 31, United States Code, the
Secretary of Defense may accept from any person
voluntary services to be provided in furtherance of the
commemorative program. The Secretary of Defense shall
prohibit the solicitation of any voluntary services if
the nature or circumstances of such solicitation would
compromise the integrity or the appearance of integrity
of any program of the Department of Defense or of any
individual involved in the program.
(2) Reimbursement of incidental expenses.--The
Secretary may provide for reimbursement of incidental
expenses incurred by a person providing voluntary
services under this subsection. The Secretary shall
determine which expenses are eligible for reimbursement
under this paragraph.
(g) Final Report.--
(1) Report required.--Not later than 60 days after
the end of the commemorative program, if established by
the Secretary of Defense under subsection (a), the
Secretary shall submit to Congress a report containing
an accounting of--
(A) all of the funds deposited into and
expended from the Fund;
(B) any other funds expended under this
section; and
(C) any unobligated funds remaining in the
Fund.
(2) Treatment of unobligated funds.--Unobligated
amounts remaining in the Fund as of the end of the
commemorative period specified in subsection (b) shall
be held in the Fund until transferred by law.
(h) Limitation on Expenditures.--Total expenditures from
the Fund, using amounts appropriated to the Department of
Defense, may not exceed $5,000,000 for fiscal year 2008 or for
any subsequent fiscal year to carry out the commemorative
program.
(i) Funding.--Of the amount authorized to be appropriated
pursuant to section 301(5) for Defense-wide activities,
$1,000,000 shall be available for deposit in the Fund for
fiscal year 2008 if the Fund is established under subsection
(e).
SEC. 599. RECOGNITION OF MEMBERS OF THE MONUMENTS, FINE ARTS, AND
ARCHIVES PROGRAM OF THE CIVIL AFFAIRS AND MILITARY
GOVERNMENT SECTIONS OF THE ARMED FORCES DURING AND
FOLLOWING WORLD WAR II.
Congress hereby--
(1) recognizes the men and women who served in the
Monuments, Fine Arts, and Archives program (MFAA) under
the Civil Affairs and Military Government Sections of
the United States Armed Forces for their heroic role in
the preservation, protection, and restitution of
monuments, works of art, and other artifacts of
inestimable cultural importance in Europe and Asia
during and following World War II;
(2) recognizes that without their dedication and
service, many more of the world's artistic and historic
treasures would have been destroyed or lost forever
amidst the chaos and destruction of World War II;
(3) acknowledges that the detailed catalogues,
documentation, inventories, and photographs developed
and compiled by MFAA personnel during and following
World War II, have made, and continue to make, possible
the restitution of stolen works of art to their
rightful owners; and
(4) commends and extols the members of the MFAA for
establishing a precedent for action to protect cultural
property in the event of armed conflict, and by their
action setting a standard not just for one country, but
for people of all nations to acknowledge and uphold.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2008 increase in military basic pay.
Sec. 602. Basic allowance for housing for reserve component members
without dependents who attend accession training while
maintaining a primary residence.
Sec. 603. Extension and enhancement of authority for temporary lodging
expenses for members of the Armed Forces in areas subject to
major disaster declaration or for installations experiencing
sudden increase in personnel levels.
Sec. 604. Income replacement payments for reserve component members
experiencing extended and frequent mobilization for active
duty service.
Sec. 605. Midmonth payment of basic pay for contributions of members of
the uniformed services participating in Thrift Savings Plan.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonus and special pay authorities for
Reserve forces.
Sec. 612. Extension of certain bonus and special pay authorities for
health care professionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear
officers.
Sec. 614. Extension of authorities relating to payment of other bonuses
and special pays.
Sec. 615. Increase in incentive special pay and multiyear retention
bonus for medical officers.
Sec. 616. Increase in dental officer additional special pay.
Sec. 617. Increase in maximum monthly rate of hardship duty pay and
authority to provide hardship duty pay in a lump sum.
Sec. 618. Definition of sea duty for career sea pay to include service
as off-cycle crewmembers of multi-crew ships.
Sec. 619. Reenlistment bonus for members of the Selected Reserve.
Sec. 620. Availability of Selected Reserve accession bonus for persons
who previously served in the Armed Forces for a short period.
Sec. 621. Availability of nuclear officer continuation pay for officers
with more than 26 years of commissioned service.
Sec. 622. Waiver of years-of-service limitation on receipt of critical
skills retention bonus.
Sec. 623. Accession bonus for participants in the Armed Forces Health
Professions Scholarship and Financial Assistance Program.
Sec. 624. Payment of assignment incentive pay for Reserve members
serving in combat zone for more than 22 months.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Payment of inactive duty training travel costs for certain
Selected Reserve members.
Sec. 632. Survivors of deceased members eligible for transportation to
attend burial ceremonies.
Sec. 633. Allowance for participation of Reserves in electronic
screening.
Sec. 634. Allowance for civilian clothing for members of the Armed
Forces traveling in connection with medical evacuation.
Sec. 635. Payment of moving expenses for Junior Reserve Officers'
Training Corps instructors in hard-to-fill positions.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 641. Expansion of combat-related special compensation eligibility.
Sec. 642. Inclusion of veterans with service-connected disabilities
rated as total by reason of unemployability under termination
of phase-in of concurrent receipt of retired pay and veterans'
disability compensation.
Sec. 643. Recoupment of annuity amounts previously paid, but subject to
offset for dependency and indemnity compensation.
Sec. 644. Special survivor indemnity allowance for persons affected by
required Survivor Benefit Plan annuity offset for dependency
and indemnity compensation.
Sec. 645. Modification of authority of members of the Armed Forces to
designate recipients for payment of death gratuity.
Sec. 646. Clarification of application of retired pay multiplier
percentage to members of the uniformed services with over 30
years of service.
Sec. 647. Commencement of receipt of non-regular service retired pay by
members of the Ready Reserve on active Federal status or
active duty for significant periods.
Sec. 648. Computation of years of service for purposes of retired pay
for non-regular service.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
Sec. 651. Authority to continue commissary and exchange benefits for
certain involuntarily separated members of the Armed Forces.
Sec. 652. Authorization of installment deductions from pay of employees
of nonappropriated fund instrumentalities to collect
indebtedness to the United States.
Subtitle F--Consolidation of Special Pay, Incentive Pay, and Bonus
Authorities
Sec. 661. Consolidation of special pay, incentive pay, and bonus
authorities of the uniformed services.
Sec. 662. Transitional provisions.
Subtitle G--Other Matters
Sec. 671. Referral bonus authorities.
Sec. 672. Expansion of education loan repayment program for members of
the Selected Reserve.
Sec. 673. Ensuring entry into United States after time abroad for
permanent resident alien military spouses and children.
Sec. 674. Overseas naturalization for military spouses and children.
Sec. 675. Modification of amount of back pay for members of Navy and
Marine Corps selected for promotion while interned as
prisoners of war during World War II to take into account
changes in Consumer Price Index.
Subtitle A--Pay and Allowances
SEC. 601. FISCAL YEAR 2008 INCREASE IN MILITARY BASIC PAY.
(a) Waiver of Section 1009 Adjustment.--The adjustment to
become effective during fiscal year 2008 required by section
1009 of title 37, United States Code, in the rates of monthly
basic pay authorized members of the uniformed services shall
not be made.
(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.
SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR RESERVE COMPONENT MEMBERS
WITHOUT DEPENDENTS WHO ATTEND ACCESSION TRAINING
WHILE MAINTAINING A PRIMARY RESIDENCE.
(a) Availability of Allowance.--Section 403(g)(1) of title
37, United States Code, is amended--
(1) by inserting ``to attend accession training,''
after ``active duty'' the first place it appears; and
(2) by inserting a comma after ``contingency
operation'' the first place it appears.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to months beginning on or after the
date of the enactment of this Act.
SEC. 603. EXTENSION AND ENHANCEMENT OF AUTHORITY FOR TEMPORARY LODGING
EXPENSES FOR MEMBERS OF THE ARMED FORCES IN AREAS
SUBJECT TO MAJOR DISASTER DECLARATION OR FOR
INSTALLATIONS EXPERIENCING SUDDEN INCREASE IN
PERSONNEL LEVELS.
(a) Maximum Period of Receipt of Expenses.--Section
404a(c)(3) of title 37, United States Code, is amended by
striking ``20 days'' and inserting ``60 days''.
(b) Extension of Authority for Increase in Certain BAH.--
Section 403(b)(7)(E) of such title is amended by striking
``December 31, 2008'' and inserting ``December 31, 2009''.
SEC. 604. INCOME REPLACEMENT PAYMENTS FOR RESERVE COMPONENT MEMBERS
EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION FOR
ACTIVE DUTY SERVICE.
(a) Clarification Regarding When Payments Required.--
Subsection (a) of section 910 of title 37, United States Code,
is amended by inserting before the period at the end of the
first sentence the following: ``, when the total monthly
military compensation of the member is less than the average
monthly civilian income of the member''.
(b) Eligibility.--Subsection (b) of such section is amended
to read as follows:
``(b) Eligibility.--(1) A member of a reserve component is
entitled to a payment under this section for any full month of
active duty of the member, when the total monthly military
compensation of the member is less than the average monthly
civilian income of the member, while the member is on active
duty under an involuntary mobilization order, following the
date on which the member--
``(A) completes 547 continuous days of service on
active duty under an involuntary mobilization order;
``(B) completes 730 cumulative days on active duty
under an involuntary mobilization order during the
previous 1,826 days; or
``(C) is involuntarily mobilized for service on
active duty for a period of 180 days or more within 180
days after the date of the member's separation from a
previous period of active duty for a period of 180 days
or more.
``(2) The entitlement of a member of a reserve component to
a payment under this section also shall commence or, if
previously commenced under paragraph (1), shall continue if the
member--
``(A) satisfies the required number of days on
active duty specified in subparagraph (A) or (B) of
paragraph (1) or was involuntarily mobilized as
provided in subparagraph (C) of such paragraph; and
``(B) is retained on active duty under subparagraph
(A) or (B) of section 12301(h)(1) of title 10 because
of an injury or illness incurred or aggravated while
the member was assigned to duty in an area for which
special pay under section 310 of this title is
available.''.
(c) Termination of Authority.--Subsection (g) of such
section is amended to read as follows:
``(g) Termination.--No payment shall be made to a member
under this section for months beginning after December 31,
2008, unless the entitlement of the member to payments under
this section commenced on or before that date.''.
SEC. 605. MIDMONTH PAYMENT OF BASIC PAY FOR CONTRIBUTIONS OF MEMBERS OF
THE UNIFORMED SERVICES PARTICIPATING IN THRIFT
SAVINGS PLAN.
(a) Semi-Monthly Deposit of Member's Contributions.--
Section 1014 of title 37, United States Code, is amended by
adding at the end the following new subsection:
``(c) With respect to a member of the uniformed services
who has elected to participate in the Thrift Savings Plan under
section 211 of this title, subsection (a) does not preclude the
payment of an amount equal to one-half of the monthly deposit
to the Thrift Savings Fund otherwise to be made by the member
in participating in the Plan, which amount may be deposited in
the Thrift Savings Fund at midmonth.''.
(b) Semi-Monthly Repayment of Borrowed Amounts.--Section
211 of such title is amended by adding at the end the following
new subsection:
``(e) Repayment of Amounts Borrowed From Member Account.--
If a loan is issued to a member under section 8433(g) of title
5 from funds in the member's account in the Thrift Savings
Plan, repayment of the loan may be required on the same semi-
monthly basis as authorized for contributions to the Thrift
Savings Fund on behalf of the member under section 1014(c) of
this title.''.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR
RESERVE FORCES.
(a) Selected Reserve Reenlistment Bonus.--Section 308b(g)
of title 37, United States Code, is amended by striking
``December 31, 2007'' and inserting ``December 31, 2008''.
(b) Selected Reserve Affiliation or Enlistment Bonus.--
Section 308c(i) of such title is amended by striking ``December
31, 2007'' and inserting ``December 31, 2008''.
(c) Special Pay for Enlisted Members Assigned to Certain
High Priority Units.--Section 308d(c) of such title is amended
by striking ``December 31, 2007'' and inserting ``December 31,
2008''.
(d) Ready Reserve Enlistment Bonus for Persons Without
Prior Service.--Section 308g(f)(2) of such title is amended by
striking ``December 31, 2007'' and inserting ``December 31,
2008''.
(e) Ready Reserve Enlistment and Reenlistment Bonus for
Persons With Prior Service.--Section 308h(e) of such title is
amended by striking ``December 31, 2007'' and inserting
``December 31, 2008''.
(f) Selected Reserve Enlistment Bonus for Persons With
Prior Service.--Section 308i(f) of such title is amended by
striking ``December 31, 2007'' and inserting ``December 31,
2008''.
SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR
HEALTH CARE PROFESSIONALS.
(a) Nurse Officer Candidate Accession Program.--Section
2130a(a)(1) of title 10, United States Code, is amended by
striking ``December 31, 2007'' and inserting ``December 31,
2008''.
(b) Repayment of Education Loans for Certain Health
Professionals Who Serve in the Selected Reserve.--Section
16302(d) of such title is amended by striking ``January 1,
2008'' and inserting ``January 1, 2009''.
(c) Accession Bonus for Registered Nurses.--Section
302d(a)(1) of title 37, United States Code, is amended by
striking ``December 31, 2007'' and inserting ``December 31,
2008''.
(d) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title is amended by striking ``December 31,
2007'' and inserting ``December 31, 2008''.
(e) Special Pay for Selected Reserve Health Professionals
in Critically Short Wartime Specialties.--Section 302g(e) of
such title is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
(f) Accession Bonus for Dental Officers.--Section
302h(a)(1) of such title is amended by striking ``December 31,
2007'' and inserting ``December 31, 2008''.
(g) Accession Bonus for Pharmacy Officers.--Section 302j(a)
of such title is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
(h) Accession Bonus for Medical Officers in Critically
Short Wartime Specialties.--Section 302k(f) of such title is
amended by striking ``December 31, 2007'' and inserting
``December 31, 2008''.
(i) Accession Bonus for Dental Specialist Officers in
Critically Short Wartime Specialties.--Section 302l(g) of such
title is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR NUCLEAR
OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending
Period of Active Service.--Section 312(f) of title 37, United
States Code, is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
(b) Nuclear Career Accession Bonus.--Section 312b(c) of
such title is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d)
of such title is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER BONUSES
AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of
title 37, United States Code, is amended by striking ``December
31, 2007'' and inserting ``December 31, 2008''.
(b) Reenlistment Bonus for Active Members.--Section 308(g)
of such title is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
(c) Enlistment Bonus.--Section 309(e) of such title is
amended by striking ``December 31, 2007'' and inserting
``December 31, 2008''.
(d) Retention Bonus for Members With Critical Military
Skills or Assigned to High Priority Units.--Section 323(i) of
such title is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
(e) Accession Bonus for New Officers in Critical Skills.--
Section 324(g) of such title is amended by striking ``December
31, 2007'' and inserting ``December 31, 2008''.
(f) Incentive Bonus for Conversion to Military Occupational
Specialty to Ease Personnel Shortage.--Section 326(g) of such
title is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
(g) Accession Bonus for Officer Candidates.--Section 330(f)
of such title is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
(h) Prohibition on Charges for Meals Received at Military
Treatment Facilities by Members Receiving Continuous Care.--
Section 402(h)(3) of such title is amended by striking
``December 31, 2007'' and inserting ``December 31, 2008''.
SEC. 615. INCREASE IN INCENTIVE SPECIAL PAY AND MULTIYEAR RETENTION
BONUS FOR MEDICAL OFFICERS.
(a) Incentive Special Pay.--Section 302(b)(1) of title 37,
United States Code, is amended by striking ``$50,000'' and
inserting ``$75,000''.
(b) Multiyear Retention Bonus.--Section 301d(a)(2) of title
37, United States Code, is amended by striking ``$50,000'' and
inserting ``$75,000''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to agreements entered into under
section 301d(a) or 302b(c) of title 37, United States Code, on
or after the date of the enactment of this Act.
SEC. 616. INCREASE IN DENTAL OFFICER ADDITIONAL SPECIAL PAY.
(a) Increase.--Section 302b(a)(4) of title 37, United
States Code, is amended--
(1) in the matter preceding subparagraph (A), by
striking ``at the following rates'' and inserting ``at
a rate determined by the Secretary concerned, which
rate may not exceed the following'';
(2) in subparagraph (A), by striking ``$4,000'' and
inserting ``$10,000''; and
(3) in subparagraph (B), by striking ``$6,000'' and
inserting ``$12,000''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to agreements entered into under
section 302b(b) of title 37, United States Code, on or after
the date of the enactment of this Act.
SEC. 617. INCREASE IN MAXIMUM MONTHLY RATE OF HARDSHIP DUTY PAY AND
AUTHORITY TO PROVIDE HARDSHIP DUTY PAY IN A LUMP
SUM.
Section 305 of title 37, United States Code, is amended to
read as follows:
``Sec. 305. Special pay: hardship duty pay
``(a) Special Pay Authorized.--A member of a uniformed
service who is entitled to basic pay may be paid special pay
under this section while the member is performing duty that is
designated by the Secretary of Defense as hardship duty.
``(b) Payment on Monthly or Lump Sum Basis.--Special pay
payable under this section may be paid on a monthly basis or in
a lump sum.
``(c) Maximum Rate or Amount.--(1) The monthly rate of
special pay payable to a member under this section may not
exceed $1,500.
``(2) The amount of the lump sum payment of special pay
payable to a member under this section may not exceed the
product of--
``(A) the maximum monthly rate in effect under
paragraph (1) at the time the member qualifies for
payment of special pay under this section; and
``(B) the number of months during which the member
will be performing the designated hardship duty.
``(d) Relationship to Other Pay and Allowances.--Special
pay paid to a member under this section is in addition to any
other pay and allowances to which the member is entitled.
``(e) Repayment.--A member who is paid special pay in a
lump sum under this section, but who fails to perform the
designated hardship duty during the months included in the
calculation of the amount of the lump sum under subsection
(c)(2), shall be subject to the repayment provisions of section
303a(e) of this title.
``(f) Regulations.--The Secretary of Defense shall
prescribe regulations for the payment of hardship duty pay
under this section, including the specific monthly rates at
which the special pay will be available.''.
SEC. 618. DEFINITION OF SEA DUTY FOR CAREER SEA PAY TO INCLUDE SERVICE
AS OFF-CYCLE CREWMEMBERS OF MULTI-CREW SHIPS.
Section 305a(e)(1)(A) of title 37, United States Code, is
amended--
(1) by striking ``or'' at the end of clause (ii);
and
(2) by adding at the end the following new clause:
``(iv) while serving as an off-cycle
crewmember of a multi-crewed ship; or''.
SEC. 619. REENLISTMENT BONUS FOR MEMBERS OF THE SELECTED RESERVE.
(a) Minimum Term of Reenlistment or Enlistment Extension.--
Subsection (a)(2) of 308b of title 37, United States Code, is
amended by striking ``his enlistment for a period of three
years or for a period of six years'' and inserting ``an
enlistment for a period of at least three years''.
(b) Maximum Bonus Amount.--Subsection (b)(1) of such
section is amended by striking ``may not exceed'' and all that
follows through the end of the paragraph and inserting ``may
not exceed $15,000.''.
(c) Conforming Amendments Regarding Eligibility
Requirements.--Subsection (c) of such section is amended--
(1) by striking the subsection heading and all that
follows through ``(2) In the case'' and inserting
``Waiver of Condition on Eligibility.--In the case'';
and
(2) by striking ``paragraph (1)(B) or''.
(d) Effective Date.--The amendments made by this section
shall apply with respect to reenlistments or extensions of
enlistment that occur on or after the date of the enactment of
this Act.
SEC. 620. AVAILABILITY OF SELECTED RESERVE ACCESSION BONUS FOR PERSONS
WHO PREVIOUSLY SERVED IN THE ARMED FORCES FOR A
SHORT PERIOD.
Section 308c(c)(1) of title 37, United States Code, is
amended by inserting before the semicolon the following: ``or
has served in the armed forces, but was released from such
service before completing the basic training requirements of
the armed force of which the person was a member and the
service was characterized as either honorable or
uncharacterized''.
SEC. 621. AVAILABILITY OF NUCLEAR OFFICER CONTINUATION PAY FOR OFFICERS
WITH MORE THAN 26 YEARS OF COMMISSIONED SERVICE.
(a) Increase.--Section 312 of title 37, United States Code,
is amended--
(1) in subsection (a)(3), by striking ``26 years''
and inserting ``30 years''; and
(2) in subsection (e)(1), by striking ``the end of
26 years of commissioned service'' and inserting ``the
maximum number of years of commissioned service
authorized by subsection (a)(3)''.
(b) Effect on Existing Agreements.--The Secretary of the
Navy and an officer of the naval service who is a party to an
agreement under section 312 of title 37, United States Code,
that was entered into before the date of the enactment of this
Act may revise the agreement to reflect the new limitation on
the number of years of commissioned service that the officer
may serve while remaining eligible for special pay under such
section.
SEC. 622. WAIVER OF YEARS-OF-SERVICE LIMITATION ON RECEIPT OF CRITICAL
SKILLS RETENTION BONUS.
Section 323(e) of title 37, United States Code, is amended
by adding at the end the following new paragraph:
``(4) The Secretary of Defense, or the Secretary of
Homeland Security with respect to the Coast Guard when it is
not operating as a service in the Navy, may waive the
limitations in paragraph (1) with respect to a member who,
during the period of active duty or service in an active status
in a reserve component for which the bonus is being offered, is
assigned duties in a skill designated as critical under
subsection (b)(1). The authority to grant a waiver under this
paragraph may not be delegated below the Under Secretary of
Defense for Personnel and Readiness or the Deputy Secretary of
the Department of Homeland Security.''.
SEC. 623. ACCESSION BONUS FOR PARTICIPANTS IN THE ARMED FORCES HEALTH
PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE
PROGRAM.
(a) Accession Bonus Authorized.--Subchapter I of chapter
105 of title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 2128. Accession bonus for members of the program
``(a) Availability of Bonus.--The Secretary of Defense may
offer a person who enters into an agreement under section
2122(a)(2) of this title an accession bonus of not more than
$20,000 as part of the agreement.
``(b) Relation to Other Payments.--An accession bonus paid
a person under this section is in addition to any other amounts
payable to the person under this subchapter.
``(c) Repayment.--A person who receives an accession bonus
under this section, but fails to comply with the agreement
under section 2122(a)(2) of this title or to commence or
complete the active duty obligation imposed by section 2123 of
this title, shall be subject to the repayment provisions of
section 303a(e) of title 37.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``2128. Accession bonus for members of the program.''.
(c) Effective Date.--The amendment made by subsection (a)
shall apply with respect to agreements entered into under
section 2122(a)(2) of title 10, United States Code, on or after
the date of the enactment of this Act.
SEC. 624. PAYMENT OF ASSIGNMENT INCENTIVE PAY FOR RESERVE MEMBERS
SERVING IN COMBAT ZONE FOR MORE THAN 22 MONTHS.
(a) Payment.--The Secretary of a military department may
pay assignment incentive pay under section 307a of title 37,
United States Code, to a member of a reserve component under
the jurisdiction of the Secretary for each month during the
eligibility period of the member determined under subsection
(b) during which the member served for any portion of the month
in a combat zone associated with Operating Enduring Freedom or
Operation Iraqi Freedom in excess of 22 months of qualifying
service.
(b) Eligibility Period.--The eligibility period for a
member extends from January 1, 2005, through the end of the
active duty service of the member in a combat zone associated
with Operating Enduring Freedom or Operation Iraqi Freedom if
the service on active duty during the member's most recent
period of mobilization to active duty began before January 19,
2007.
(c) Amount of Payment.--The monthly rate of incentive pay
payable to a member under this section is $1,000.
(d) Qualifying Service.--For purposes of this section,
qualifying service includes cumulative mobilized service on
active duty under sections 12301(d), 12302, and 12304 of title
10, United States Code, during the period beginning on January
1, 2003, through the end of the member's active duty service
during the member's most recent period of mobilization to
active duty beginning before January 19, 2007.
Subtitle C--Travel and Transportation Allowances
SEC. 631. PAYMENT OF INACTIVE DUTY TRAINING TRAVEL COSTS FOR CERTAIN
SELECTED RESERVE MEMBERS.
(a) Payment of Travel Costs Authorized.--
(1) In general.--Chapter 7 of title 37, United
States Code, is amended by inserting after section 408
the following new section:
``Sec. 408a. Travel and transportation allowances: inactive duty
training outside of normal commuting distances
``(a) Allowance Authorized.--The Secretary concerned may
reimburse an eligible member of the Selected Reserve of the
Ready Reserve for travel expenses for travel to an inactive
duty training location to perform inactive duty training when
the member is required to commute a distance from the member's
permanent residence to the inactive duty training location that
is outside the normal commuting distance (as determined under
the regulations prescribed under subsection (d)) for that
commute.
``(b) Eligible Members.--To be eligible for reimbursement
under subsection (a), a member of the Selected Reserve of the
Ready Reserve must be--
``(1) qualified in a skill designated as critically
short by the Secretary concerned;
``(2) assigned to a unit of the Selected Reserve
with a critical manpower shortage or in a pay grade in
the member's reserve component with a critical manpower
shortage; or
``(3) assigned to a unit or position that is
disestablished or relocated as a result of defense base
closure or realignment or another force structure
reallocation.
``(c) Maximum Reimbursement Amount.--The amount of
reimbursement provided a member under subsection (a) for each
round trip to a training location may not exceed $300.
``(d) Regulations.--The Secretary concerned shall prescribe
regulations to carry out this section. Regulations prescribed
by the Secretary of a military department shall be subject to
the approval of the Secretary of Defense.
``(e) Termination.--No reimbursement may be provided under
this section for travel that occurs after December 31, 2010.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 7 of such title is amended by
inserting after the item relating to section 408 the
following new item:
``408a. Travel and transportation allowances: inactive duty training
outside of normal commuting distances.''.
(b) Application of Amendment.--No reimbursement may be
provided under section 408a of title 37, United States Code, as
added by subsection (a), for travel costs incurred before the
date of the enactment of this Act.
SEC. 632. SURVIVORS OF DECEASED MEMBERS ELIGIBLE FOR TRANSPORTATION TO
ATTEND BURIAL CEREMONIES.
(a) Eligible Relatives.--Paragraph (1) of section 411f(c)
of title 37, United States Code, is amended--
(1) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) The child or children of the deceased member
(including stepchildren, adopted children, and
illegitimate children).''; and
(2) by adding at the end the following new
subparagraphs:
``(D) The sibling or siblings of the deceased
member.
``(E) The person who directs the disposition of the
remains of the deceased member under section 1482(c) of
title 10 or, in the case of a deceased member whose
remains are commingled and buried in a common grave in
a national cemetery, the person who would have been
designated under such section to direct the disposition
of the remains if individual identification had been
made.''.
(b) Other Persons.--Paragraph (2) of such section is
amended to read as follows:
``(2) If no person described in subparagraphs (A) through
(D) of paragraph (1) is provided travel and transportation
allowances under subsection (a)(1), the travel and
transportation allowances may be provided to one or two other
persons who are closely related to the deceased member and are
selected by the person referred to in paragraph (1)(E). A
person provided travel and transportation allowances under this
paragraph is in addition to the person referred to in paragraph
(1)(E).''.
SEC. 633. ALLOWANCE FOR PARTICIPATION OF RESERVES IN ELECTRONIC
SCREENING.
(a) Allowance for Participation in Electronic Screening.--
(1) In general.--Chapter 7 of title 37, United
States Code, is amended by inserting after section 433
the following new section:
``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.
``(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.
``(b) Maximum Payment.--The aggregate amount of the stipend
paid a member of the Individual Ready Reserve under this
section in any calendar year may not exceed $50.
``(c) Payment Requirements.--(1) The stipend authorized by
this section may not be disbursed in kind.
``(2) Payment of a stipend to a member of the Individual
Ready Reserve under this section for participation in screening
shall be made on or after the date of participation in such
screening, but not later than 30 days after such date.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 7 of such title is amended by
inserting after the item relating to section 433 the
following new item:
``433a. Allowance for participation in Ready Reserve screening.''.
(b) Bar to Dual Compensation.--Section 206 of such title is
amended by adding at the end the following new subsection:
``(f) A member of the Individual Ready Reserve is not
entitled to compensation under this section for participation
in screening for which the member is paid a stipend under
section 433a of this title.''.
(c) Bar to Retirement Credit.--Section 12732(b) of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(8) Service in the screening performed pursuant
to section 10149 of this title through electronic
means, regardless of whether or not a stipend is paid
the member concerned for such service under section
433a of title 37.''.
SEC. 634. ALLOWANCE FOR CIVILIAN CLOTHING FOR MEMBERS OF THE ARMED
FORCES TRAVELING IN CONNECTION WITH MEDICAL
EVACUATION.
Section 1047(a) of title 10, United States Code, is amended
by inserting ``and luggage'' after ``civilian clothing'' both
places it appears.
SEC. 635. PAYMENT OF MOVING EXPENSES FOR JUNIOR RESERVE OFFICERS'
TRAINING CORPS INSTRUCTORS IN HARD-TO-FILL
POSITIONS.
Section 2031 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(f)(1) When determined by the Secretary of the military
department concerned to be in the national interest and agreed
upon by the institution concerned, the institution may
reimburse a Junior Reserve Officers' Training Corps instructor
for moving expenses incurred by the instructor to accept
employment at the institution in a position that the Secretary
concerned determines is hard-to-fill for geographic or economic
reasons.
``(2) As a condition on providing reimbursement under
paragraph (1), the institution shall require the instructor to
execute a written agreement to serve a minimum of two years of
employment at the institution in the hard-to-fill position.
``(3) Any reimbursement provided to an instructor under
paragraph (1) is in addition to the minimum instructor pay
otherwise payable to the instructor.
``(4) The Secretary concerned shall reimburse an
institution providing reimbursement to an instructor under
paragraph (1) in an amount equal to the amount of the
reimbursement paid by the institution under that paragraph. Any
reimbursement provided by the Secretary concerned shall be
provided from funds appropriated for that purpose.
``(5) The provision of reimbursement under paragraph (1) or
(4) shall be subject to regulations prescribed by the Secretary
of Defense for purposes of this subsection.''.
Subtitle D--Retired Pay and Survivor Benefits
SEC. 641. EXPANSION OF COMBAT-RELATED SPECIAL COMPENSATION ELIGIBILITY.
(a) Expanded Eligibility for Chapter 61 Military
Retirees.--Subsection (c) of section 1413a of title 10, United
States Code, is amended by striking ``entitled to retired pay
who--'' and all that follows and inserting ``who--
``(1) is entitled to retired pay (other than by
reason of section 12731b of this title); and
``(2) has a combat-related disability.''.
(b) Computation.--Paragraph (3) of subsection (b) of such
section is amended--
(1) by striking ``In the case of'' and inserting
the following:
``(A) General rule.--In the case of''; and
(2) by adding at the end the following new
subparagraph:
``(B) Special rule for retirees with fewer
than 20 years of service.--In the case of an
eligible combat-related disabled uniformed
services retiree who is retired under chapter
61 of this title with fewer than 20 years of
creditable service, the amount of the payment
under paragraph (1) for any month shall be
reduced by the amount (if any) by which the
amount of the member's retired pay under
chapter 61 of this title exceeds the amount
equal to 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.''.
(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.
SEC. 642. INCLUSION OF VETERANS WITH SERVICE-CONNECTED DISABILITIES
RATED AS TOTAL BY REASON OF UNEMPLOYABILITY UNDER
TERMINATION OF PHASE-IN OF CONCURRENT RECEIPT OF
RETIRED PAY AND VETERANS' DISABILITY COMPENSATION.
(a) Inclusion of Veterans.--Section 1414(a)(1) of title 10,
United States Code, is amended by striking ``except that'' and
all that follows and inserting ``except that payment of retired
pay is subject to subsection (c) only during the period
beginning on January 1, 2004, and ending on December 31, 2004,
in the case of the following:
``(A) A qualified retiree receiving
veterans' disability compensation for a
disability rated as 100 percent.
``(B) A qualified retiree receiving
veterans' disability compensation at the rate
payable for a 100 percent disability by reason
of a determination of individual
unemployability.''.
(b) Effective Date.--
(1) In general.--Subject to paragraph (2), the
amendment made by subsection (a) shall take effect as
of December 31, 2004.
(2) Timing of payment of retroactive benefits.--Any
amount payable for a period before October 1, 2008, by
reason of the amendment made by subsection (a) shall
not be paid until after that date.
SEC. 643. RECOUPMENT OF ANNUITY AMOUNTS PREVIOUSLY PAID, BUT SUBJECT TO
OFFSET FOR DEPENDENCY AND INDEMNITY COMPENSATION.
(a) Limitation on Recoupment; Notification Requirements.--
Section 1450(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) Limitation on recoupment of offset amount.--
Any amount subject to offset under this subsection that
was previously paid to the surviving spouse or former
spouse shall be recouped only to the extent that the
amount paid exceeds any amount to be refunded under
subsection (e). In notifying a surviving spouse or
former spouse of the recoupment requirement, the
Secretary shall provide the spouse or former spouse--
``(A) a single notice of the net amount to
be recouped or the net amount to be refunded,
as applicable, under this subsection or
subsection (e);
``(B) a written explanation of the
statutory requirements for recoupment of the
offset amount and for refund of any applicable
amount deducted from retired pay;
``(C) a detailed accounting of how the
offset amount being recouped and retired pay
deduction amount being refunded were
calculated; and
``(D) contact information for a person who
can provide information about the offset
recoupment and retired pay deduction refund
processes and answer questions the surviving
spouse or former spouse may have about the
requirements, processes, or amounts.''.
(b) Application.--Paragraph (3) of subsection (c) of
section 1450 of title 10, United States Code, as added by
subsection (a), shall apply with respect to the recoupment on
or after April 1, 2008, of amounts subject to offset under such
subsection.
SEC. 644. SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR PERSONS AFFECTED BY
REQUIRED SURVIVOR BENEFIT PLAN ANNUITY OFFSET FOR
DEPENDENCY AND INDEMNITY COMPENSATION.
Section 1450 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(m) Special Survivor Indemnity Allowance.--
``(1) Provision of allowance.--The Secretary
concerned shall pay a monthly special survivor
indemnity allowance under this subsection to the
surviving spouse or former spouse of a member of the
uniformed services to whom section 1448 of this title
applies if--
``(A) the surviving spouse or former spouse
is entitled to dependency and indemnity
compensation under section 1311(a) of title 38;
``(B) except for subsection (c) of this
section, the surviving spouse or former spouse
is eligible for an annuity by reason of a
participant in the Plan under section
1448(a)(1) of this title; and
``(C) the eligibility of the surviving
spouse or former spouse for an annuity as
described in subparagraph (B) is affected by
subsection (c) of this section.
``(2) Amount of payment.--Subject to paragraph (3),
the amount of the allowance paid to an eligible
survivor under paragraph (1) for a month shall be equal
to--
``(A) for months during fiscal year 2009,
$50;
``(B) for months during fiscal year 2010,
$60;
``(C) for months during fiscal year 2011,
$70;
``(D) for months during fiscal year 2012,
$80;
``(E) for months during fiscal year 2013,
$90; and
``(F) for months after fiscal year 2013,
$100.
``(3) Limitation.--The amount of the allowance paid
to an eligible survivor under paragraph (1) for any
month may not exceed the amount of the annuity for that
month that is subject to offset under subsection (c).
``(4) Status of payments.--An allowance paid under
this subsection does not constitute an annuity, and
amounts so paid are not subject to adjustment under any
other provision of law.
``(5) Source of funds.--The special survivor
indemnity allowance shall be paid from amounts in the
Department of Defense Military Retirement Fund
established under section 1461 of this title.
``(6) Effective date and duration.--This subsection
shall only apply with respect to the month beginning on
October 1, 2008, and subsequent months through the
month ending on February 28, 2016. Effective on March
1, 2016, the authority provided by this subsection
shall terminate. No special survivor indemnity
allowance may be paid to any person by reason of this
subsection for any period before October 1, 2008, or
beginning on or after March 1, 2016.''.
SEC. 645. MODIFICATION OF AUTHORITY OF MEMBERS OF THE ARMED FORCES TO
DESIGNATE RECIPIENTS FOR PAYMENT OF DEATH GRATUITY.
(a) Authority To Designate Recipients.--Section 1477 of
title 10, United States Code, is amended--
(1) by striking subsections (c) and (d);
(2) by redesignating subsection (b) as subsection
(d) and, in such subsection, by striking ``Subsection
(a)(2)'' and inserting ``Treatment of Children.--
Subsection (b)(2)''; and
(3) by striking subsection (a) and inserting the
following new subsections:
``(a) Designation of Recipients.--(1) On and after July 1,
2008, or such earlier date as the Secretary of Defense may
prescribe, a person covered by section 1475 or 1476 of this
title may designate one or more persons to receive all or a
portion of the amount payable under section 1478 of this title.
The designation of a person to receive a portion of the amount
shall indicate the percentage of the amount, to be specified
only in 10 percent increments, that the designated person may
receive. The balance of the amount of the death gratuity, if
any, shall be paid in accordance with subsection (b).
``(2) If a person covered by section 1475 or 1476 of this
title has a spouse, but designates a person other than the
spouse to receive all or a portion of the amount payable under
section 1478 of this title, the Secretary concerned shall
provide notice of the designation to the spouse.
``(b) Distribution of Remainder; Distribution in Absence of
Designated Recipient.--If a person covered by section 1475 or
1476 of this title does not make a designation under subsection
(a) or designates only a portion of the amount payable under
section 1478 of this title, the amount of the death gratuity
not covered by a designation shall be paid as follows:
``(1) To the surviving spouse of the person, if
any.
``(2) If there is no surviving spouse, to any
surviving children (as prescribed by subsection (d)) of
the person and the descendants of any deceased children
by representation.
``(3) If there is none of the above, to the
surviving parents (as prescribed by subsection (c)) of
the person or the survivor of them.
``(4) If there is none of the above, to the duly
appointed executor or administrator of the estate of
the person.
``(5) If there is none of the above, to other next
of kin of the person entitled under the laws of
domicile of the person at the time of the person's
death.
``(c) Treatment of Parents.--For purposes of subsection
(b)(3), parents include fathers and mothers through adoption.
However, only one father and one mother may be recognized in
any case, and preference shall be given to those who exercised
a parental relationship on the date, or most nearly before the
date, on which the decedent entered a status described in
section 1475 or 1476 of this title.''.
(b) Clerical and Conforming Amendments.--Subsection (e) of
such section is amended--
(1) by inserting ``Effect of Death Before Receipt
of Gratuity.--'' after ``(e)'';
(2) by striking ``subsection (a) or (d)'' and
inserting ``subsection (a) or (b)''; and
(3) by striking ``subsection (a).'' and inserting
``subsection (b)''.
(c) Existing Designation Authority.--The authority provided
by subsection (d) of section 1477 of title 10, United States
Code, as in effect on the day before the date of the enactment
of this Act, shall remain available to persons covered by
section 1475 or 1476 of such title until July 1, 2008, or such
earlier date as the Secretary of Defense may prescribe, and any
designation under such subsection made before July 1, 2008, or
the earlier date prescribed by the Secretary, shall continue in
effect until such time as the person who made the designation
makes a new designation under such section 1477, as amended by
subsection (a) of this section.
(d) Regulations.--
(1) In general.--Not later than April 1, 2008, the
Secretary of Defense shall prescribe regulations to
implement the amendments to section 1477 of title 10,
United States Code, made by subsection (a).
(2) Elements.--The regulations required by
paragraph (1) shall include forms for the making of the
designation contemplated by subsection (a) of section
1477 of title 10, United States Code, as amended by
subsection (a) of this section, and instructions for
members of the Armed Forces in the filling out of such
forms.
SEC. 646. CLARIFICATION OF APPLICATION OF RETIRED PAY 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 section 6333(a) of title 10,
United States Code, is amended in Column 2 of Formula A by
striking ``75 percent.'' and inserting ``Retired pay multiplier
prescribed under section 1409 for the years of service that may
be credited to the member under section 1405.''.
(b) Retired Pay for Certain Members Recalled to Active
Duty.--The table in section 1402(a) of such title is amended by
striking Column 3.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect as of January 1, 2007, and shall
apply with respect to retired pay and retainer pay payable on
or after that date.
SEC. 647. COMMENCEMENT OF RECEIPT OF NON-REGULAR SERVICE RETIRED PAY BY
MEMBERS OF THE READY RESERVE ON ACTIVE FEDERAL
STATUS OR ACTIVE DUTY FOR SIGNIFICANT PERIODS.
(a) Reduced Eligibility Age.--Section 12731 of title 10,
United States Code, is amended--
(1) in subsection (a), by striking paragraph (1)
and inserting the following:
``(1) has attained the eligibility age applicable
under subsection (f) to that person;''; and
(2) by adding at the end the following new
subsection:
``(f)(1) Subject to paragraph (2), the eligibility age for
purposes of subsection (a)(1) is 60 years of age.
``(2)(A) In the case of a person who as a member of the
Ready Reserve serves on active duty or performs active service
described in subparagraph (B) after the date of the enactment
of the National Defense Authorization Act for Fiscal Year 2008,
the eligibility age for purposes of subsection (a)(1) shall be
reduced below 60 years of age by three months for each
aggregate of 90 days on which such person so performs in any
fiscal year after such date, subject to subparagraph (C). A day
of duty may be included in only one aggregate of 90 days for
purposes of this subparagraph.
``(B)(i) Service on active duty described in this
subparagraph is service on active duty pursuant to a call or
order to active duty under a provision of law referred to in
section 101(a)(13)(B) or under section 12301(d) of this title.
Such service does not include service on active duty pursuant
to a call or order to active duty under section 12310 of this
title.
``(ii) Active service described in this subparagraph is
also service under a call to active service authorized by the
President or the Secretary of Defense under section 502(f) of
title 32 for purposes of responding to a national emergency
declared by the President or supported by Federal funds.
``(C) The eligibility age for purposes of subsection (a)(1)
may not be reduced below 50 years of age for any person under
subparagraph (A).''.
(b) Continuation of Age 60 as Minimum Age for Eligibility
of Non-Regular Service Retirees for Health Care.--Section
1074(b) of such title is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new
paragraph:
``(2) Paragraph (1) does not apply to a member or former
member entitled to retired pay for non-regular service under
chapter 1223 of this title who is under 60 years of age.''.
(c) Administration of Related Provisions of Law or
Policy.--With respect to any provision of law, or of any
policy, regulation, or directive of the executive branch that
refers to a member or former member of the uniformed services
as being eligible for, or entitled to, retired pay under
chapter 1223 of title 10, United States Code, but for the fact
that the member or former member is under 60 years of age, such
provision shall be carried out with respect to that member or
former member by substituting for the reference to being 60
years of age a reference to having attained the eligibility age
applicable under subsection (f) of section 12731 of title 10,
United States Code (as added by subsection (a)), to such member
or former member for qualification for such retired pay under
subsection (a) of such section.
SEC. 648. COMPUTATION OF YEARS OF SERVICE FOR PURPOSES OF RETIRED PAY
FOR NON-REGULAR SERVICE.
Section 12733(3) of title 10, United States Code, is
amended--
(1) in subparagraph (B), by striking ``and'' at the
end;
(2) in subparagraph (C), by striking the period and
inserting ``before the year of service that includes
October 30, 2007; and''; and
(3) by adding at the end the following new
subparagraph:
``(D) 130 days in the year of service that
includes October 30, 2007, and in any
subsequent year of service.''.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits
SEC. 651. AUTHORITY TO CONTINUE COMMISSARY AND EXCHANGE BENEFITS FOR
CERTAIN INVOLUNTARILY SEPARATED MEMBERS OF THE
ARMED FORCES.
(a) Resumption for Members Involuntarily Separated From
Active Duty.--Section 1146 of title 10, United States Code, is
amended--
(1) by inserting ``(a) Members Involuntarily
Separated From Active Duty.--'' before ``The Secretary
of Defense'';
(2) in the first sentence, by striking ``October 1,
1990, and ending on December 31, 2001'' and inserting
``October 1, 2007, and ending on December 31, 2012'';
and
(3) in the second sentence, by striking ``the
period beginning on October 1, 1994, and ending on
December 31, 2001'' and inserting ``the same period''.
(b) Extension to Members Involuntarily Separated From
Selected Reserve.--Such section is further amended by adding at
the end the following new subsection:
``(b) Members Involuntarily Separated From Selected
Reserve.--The Secretary of Defense shall prescribe regulations
to allow a member of the Selected Reserve of the Ready Reserve
who is involuntarily separated from the Selected Reserve as a
result of the exercise of the force shaping authority of the
Secretary concerned under section 647 of this title or other
force shaping authority during the period beginning on October
1, 2007, and ending on December 31, 2012, to continue to use
commissary and exchange stores during the two-year period
beginning on the date of the involuntary separation of the
member in the same manner as a member on active duty. The
Secretary of Homeland Security shall implement this provision
for Coast Guard members involuntarily separated during the same
period.''.
SEC. 652. AUTHORIZATION OF INSTALLMENT DEDUCTIONS FROM PAY OF EMPLOYEES
OF NONAPPROPRIATED FUND INSTRUMENTALITIES TO
COLLECT INDEBTEDNESS TO THE UNITED STATES.
Section 5514 of title 5, United States Code, is amended--
(1) in subsection (a)(5), by inserting ``any
nonappropriated fund instrumentality described in
section 2105(c) of this title,'' after ``Commission,'';
and
(2) by adding at the end the following new
subsection:
``(e) An employee of a nonappropriated fund instrumentality
described in section 2105(c) of this title is deemed an
employee covered by this section.''.
Subtitle F--Consolidation of Special Pay, Incentive Pay, and Bonus
Authorities
SEC. 661. CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS
AUTHORITIES OF THE UNIFORMED SERVICES.
(a) Consolidation.--Chapter 5 of title 37, United States
Code, is amended--
(1) by inserting before section 301 the following
subchapter heading:
``SUBCHAPTER I--EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS
AUTHORITIES'';
and
(2) by adding at the end the following new
subchapters:
``SUBCHAPTER II--CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS
AUTHORITIES
``Sec. 331. General bonus authority for enlisted members
``(a) Authority To Provide Bonus.--The Secretary concerned
may pay a bonus under this section to a person, including a
member of the armed forces, who--
``(1) enlists in an armed force;
``(2) enlists in or affiliates with a reserve
component of an armed force;
``(3) reenlists, voluntarily extends an enlistment,
or otherwise agrees to serve--
``(A) for a specified period in a
designated career field, skill, or unit of an
armed force; or
``(B) under other conditions of service in
an armed force;
``(4) transfers from a regular component of an
armed force to a reserve component of that same armed
force or from a reserve component of an armed force to
the regular component of that same armed force; or
``(5) transfers from a regular component or reserve
component of an armed force to a regular component or
reserve component of another armed force, subject to
the approval of the Secretary with jurisdiction over
the armed force to which the member is transferring.
``(b) Service Eligibility.--A bonus authorized by
subsection (a) may be paid to a person or member only if the
person or member agrees under subsection (d)--
``(1) to serve for a specified period in a
designated career field, skill, unit, or grade; or
``(2) to meet some other condition or conditions of
service imposed by the Secretary concerned.
``(c) Maximum Amount and Method of Payment.--
``(1) Maximum amount.--The Secretary concerned
shall determine the amount of a bonus to be paid under
this section, except that--
``(A) a bonus paid under paragraph (1) or
(2) of subsection (a) may not exceed $50,000
for a minimum two-year period of obligated
service agreed to under subsection (d);
``(B) a bonus paid under paragraph (3) of
subsection (a) may not exceed $30,000 for each
year of obligated service in a regular
component agreed to under subsection (d);
``(C) a bonus paid under paragraph (3) of
subsection (a) may not exceed $15,000 for each
year of obligated service in a reserve
component agreed to under subsection (d); and
``(D) a bonus paid under paragraph (4) or
(5) of subsection (a) may not exceed $10,000.
``(2) Lump sum or installments.--A bonus under this
section may be paid in a lump sum or in periodic
installments, as determined by the Secretary concerned.
``(3) Fixing bonus amount.--Upon acceptance by the
Secretary concerned of the written agreement required
by subsection (d), the total amount of the bonus to be
paid under the agreement shall be fixed.
``(d) Written Agreement.--To receive a bonus under this
section, a person or member determined to be eligible for the
bonus shall enter into a written agreement with the Secretary
concerned that specifies--
``(1) the amount of the bonus;
``(2) the method of payment of the bonus under
subsection (c)(2);
``(3) the period of obligated service; and
``(4) the type or conditions of the service.
``(e) Relationship to Other Pay and Allowances.--A bonus
paid to a person or member under this section is in addition to
any other pay and allowance to which the person or member is
entitled.
``(f) Relationship to Prohibition on Bounties.--A bonus
authorized under this section is not a bounty for purposes of
section 514(a) of title 10.
``(g) Repayment.--A person or member who receives a bonus
under this section and who fails to complete the period of
service, or meet the conditions of service, for which the bonus
is paid, as specified in the written agreement under subsection
(d), shall be subject to the repayment provisions of section
373 of this title.
``(h) Termination of Authority.--No agreement may be
entered into under this section after December 31, 2009.
``Sec. 332. General bonus authority for officers
``(a) Authority To Provide Bonus.--The Secretary concerned
may pay a bonus under this section to a person, including an
officer in the uniformed services, who--
``(1) accepts a commission or appointment as an
officer in a uniformed service;
``(2) affiliates with a reserve component of a
uniformed service;
``(3) agrees to remain on active duty or to serve
in an active status for a specific period as an officer
in a uniformed service;
``(4) transfers from a regular component of a
uniformed service to a reserve component of that same
uniformed service or from a reserve component of a
uniformed service to the regular component of that same
uniformed service; or
``(5) transfers from a regular component or reserve
component of a uniformed service to a regular component
or reserve component of another uniformed service,
subject to the approval of the Secretary with
jurisdiction over the uniformed service to which the
member is transferring.
``(b) Service Eligibility.--A bonus authorized by
subsection (a) may be paid to a person or officer only if the
person or officer agrees under subsection (d)--
``(1) to serve for a specified period in a
designated career field, skill, unit, or grade; or
``(2) to meet some other condition or conditions of
service imposed by the Secretary concerned.
``(c) Maximum Amount and Method of Payment.--
``(1) Maximum amount.--The Secretary concerned
shall determine the amount of a bonus to be paid under
this section, except that--
``(A) a bonus paid under paragraph (1) of
subsection (a) may not exceed $60,000 for a
minimum three-year period of obligated service
agreed to under subsection (d);
``(B) a bonus paid under paragraph (2) of
subsection (a) may not exceed $12,000 for a
minimum three-year period of obligated service
agreed to under subsection (d);
``(C) a bonus paid under paragraph (3) of
subsection (a) may not exceed $50,000 for each
year of obligated service in a regular
component agreed to under subsection (d);
``(D) a bonus paid under paragraph (3) of
subsection (a) may not exceed $12,000 for each
year of obligated service in a reserve
component agreed to under subsection (d); and
``(E) a bonus paid under paragraph (4) or
(5) of subsection (a) may not exceed $10,000.
``(2) Lump sum or installments.--A bonus under this
section may be paid in a lump sum or in periodic
installments, as determined by the Secretary concerned.
``(3) Fixing bonus amount.--Upon acceptance by the
Secretary concerned of the written agreement required
by subsection (d), the total amount of the bonus to be
paid under the agreement shall be fixed.
``(d) Written Agreement.--To receive a bonus under this
section, a person or officer determined to be eligible for the
bonus shall enter into a written agreement with the Secretary
concerned that specifies--
``(1) the amount of the bonus;
``(2) the method of payment of the bonus under
subsection (c)(2);
``(3) the period of obligated service; and
``(4) the type or conditions of the service.
``(e) Relationship to Other Pay and Allowances.--The bonus
paid to a person or officer under this section is in addition
to any other pay and allowance to which the person or officer
is entitled.
``(f) Repayment.--A person or officer who receives a bonus
under this section and who fails to complete the period of
service, or meet the conditions of service, for which the bonus
is paid, as specified in the written agreement under subsection
(d), shall be subject to the repayment provisions of section
373 of this title.
``(g) Termination of Authority.--No agreement may be
entered into under this section after December 31, 2009.
``Sec. 333. Special bonus and incentive pay authorities for nuclear
officers
``(a) Nuclear Officer Bonus.--The Secretary of the Navy may
pay a nuclear officer bonus under this section to a person,
including an officer in the Navy, who--
``(1) is selected for the officer naval nuclear
power training program in connection with the
supervision, operation, and maintenance of naval
nuclear propulsion plants and agrees to serve, upon
completion of such training, on active duty in
connection with the supervision, operation, and
maintenance of naval nuclear propulsion plants; or
``(2) has the current technical and operational
qualification for duty in connection with the
supervision, operation, and maintenance of naval
nuclear propulsion plants and agrees to remain on
active duty in connection with the supervision,
operation, and maintenance of naval nuclear propulsion
plants.
``(b) Nuclear Officer Incentive Pay.--The Secretary of the
Navy may pay nuclear officer incentive pay under this section
to an officer in the Navy who--
``(1) is entitled to basic pay under section 204 of
this title; and
``(2) remains on active duty for a specified period
while maintaining current technical and operational
qualifications, as approved by the Secretary, for duty
in connection with the supervision, operation, and
maintenance of naval nuclear propulsion plants.
``(c) Additional Eligibility Criteria.--The Secretary of
the Navy may impose such additional criteria for the receipt of
a nuclear officer bonus or nuclear officer incentive pay under
this section as the Secretary determines to be appropriate.
``(d) Maximum Amount and Method of Payment.--
``(1) Maximum amount.--The Secretary of the Navy
shall determine the amounts of a nuclear officer bonus
or nuclear officer incentive pay to be paid under this
section, except that--
``(A) a nuclear officer bonus paid under
subsection (a) may not exceed $35,000 for each
12-month period of the agreement under
subsection (e); and
``(B) the amount of nuclear officer
incentive paid under subsection (b) may not
exceed $25,000 for each 12-month period of
qualifying service.
``(2) Lump sum or installments.--A nuclear officer
bonus or nuclear officer incentive pay under this
section may be paid in a lump sum or in periodic
installments.
``(3) Fixing bonus amount.--Upon acceptance by the
Secretary concerned of the written agreement required
by subsection (e), the total amount of the nuclear
officer bonus to be paid under the agreement shall be
fixed.
``(e) Written Agreement for Bonus.--
``(1) Agreement required.--To receive a nuclear
officer bonus under subsection (a), a person or officer
determined to be eligible for the bonus shall enter
into a written agreement with the Secretary of the Navy
that specifies--
``(A) the amount of the bonus;
``(B) the method of payment of the bonus
under subsection (d)(2);
``(C) the period of obligated service; and
``(D) the type or conditions of the
service.
``(2) Replacement agreement.--An officer who is
performing obligated service under an agreement for a
nuclear officer bonus may execute a new agreement to
replace the existing agreement if the amount to be paid
under the new agreement will be higher than the amount
to be paid under the existing agreement. The period of
the new agreement shall be equal to or exceed the
remaining term of the period of the officer's existing
agreement. If a new agreement is executed under this
paragraph, the existing agreement shall be cancelled,
effective on the day before an anniversary date of the
existing agreement occurring after the date on which
the amount to be paid under this paragraph is
increased.
``(f) Relationship to Other Pay and Allowances.--A nuclear
officer bonus or nuclear officer incentive pay paid to a person
or officer under this section is in addition to any other pay
and allowance to which the person or officer is entitled,
except that a person or officer may not receive a payment under
this section and section 332 or 353 of this title for the same
skill and period of service.
``(g) Repayment.--A person or officer who receives a
nuclear officer bonus or nuclear officer incentive pay under
this section and who fails to complete the officer naval
nuclear power training program, maintain required technical and
operational qualifications, complete the period of service, or
meet the types or conditions of service for which the bonus or
incentive pay is paid, as specified in the written agreement
under subsection (e) in the case of a nuclear officer bonus,
shall be subject to the repayment provisions of section 373 of
this title.
``(h) Regulations.--This section shall be administered
under regulations prescribed by the Secretary of the Navy.
``(i) Termination of Authority.--No agreement may be
entered into under this section after December 31, 2009.
``Sec. 334. Special aviation incentive pay and bonus authorities for
officers
``(a) Aviation Incentive Pay.--The Secretary concerned may
pay aviation incentive pay under this section to an officer in
a regular or reserve component of a uniformed service who--
``(1) is entitled to basic pay under section 204 of
this title or compensation under section 206 of this
title;
``(2) maintains, or is in training leading to, an
aeronautical rating or designation that qualifies the
officer to engage in operational flying duty or
proficiency flying duty;
``(3) engages in, or is in training leading to,
frequent and regular performance of operational flying
duty or proficiency flying duty;
``(4) engages in or remains in aviation service for
a specified period; and
``(5) meets such other criteria as the Secretary
concerned determines appropriate.
``(b) Aviation Bonus.--The Secretary concerned may pay an
aviation bonus under this section to an officer in a regular or
reserve component of a uniformed service who--
``(1) is entitled to aviation incentive pay under
subsection (a);
``(2) has completed any active duty service
commitment incurred for undergraduate aviator training
or is within one year of completing such commitment;
``(3) executes a written agreement to remain on
active duty in a regular component or to serve in an
active status in a reserve component in aviation
service for at least one year; and
``(4) meets such other criteria as the Secretary
concerned determines appropriate.
``(c) Maximum Amount and Method of Payment.--
``(1) Maximum amount.--The Secretary concerned
shall determine the amount of a bonus or incentive pay
to be paid under this section, except that--
``(A) aviation incentive pay under
subsection (a) shall be paid at a monthly rate,
not to exceed $850 per month; and
``(B) an aviation bonus under subsection
(b) may not exceed $25,000 for each 12-month
period of obligated service agreed to under
subsection (d).
``(2) Lump sum or installments.--A bonus under this
section may be paid in a lump sum or in periodic
installments, as determined by the Secretary concerned.
``(3) Fixing bonus amount.--Upon acceptance by the
Secretary concerned of the written agreement required
by subsection (d), the total amount of the bonus to be
paid under the agreement shall be fixed.
``(d) Written Agreement for Bonus.--To receive an aviation
officer bonus under this section, an officer determined to be
eligible for the bonus shall enter into a written agreement
with the Secretary concerned that specifies--
``(1) the amount of the bonus;
``(2) the method of payment of the bonus under
subsection (c)(2);
``(3) the period of obligated service; and
``(4) the type or conditions of the service.
``(e) Reserve Component Officers Performing Inactive Duty
Training.--A reserve component officer who is entitled to
compensation under section 206 of this title and who is
authorized aviation incentive pay under this section may be
paid an amount of incentive pay that is proportionate to the
compensation received under section 206 for inactive-duty
training.
``(f) Relationship to Other Pay and Allowances.--
``(1) Aviation incentive pay.--Aviation incentive
pay paid to an officer under subsection (a) shall be in
addition to any other pay and allowance to which the
officer is entitled, except that an officer may not
receive a payment under such subsection and section 351
or 353 of this title for the same skill and period of
service.
``(2) Aviation bonus.--An aviation bonus paid to an
officer under subsection (b) shall be in addition to
any other pay and allowance to which the officer is
entitled, except that an officer may not receive a
payment under such subsection and section 332 or 353 of
this title for the same skill and period of service.
``(g) Repayment.--An officer who receives aviation
incentive pay or an aviation bonus under this section and who
fails to fulfill the eligibility requirements for the receipt
of the incentive pay or bonus or complete the period of service
for which the incentive pay or bonus is paid, as specified in
the written agreement under subsection (d) in the case of a
bonus, shall be subject to the repayment provisions of section
373 of this title.
``(h) Definitions.--In this section:
``(1) The term `aviation service' means service
performed by an officer in a regular or reserve
component (except a flight surgeon or other medical
officer) while holding an aeronautical rating or
designation or while in training to receive an
aeronautical rating or designation.
``(2) The term `operational flying duty' means
flying performed under competent orders by rated or
designated regular or reserve component officers while
serving in assignments in which basic flying skills
normally are maintained in the performance of assigned
duties as determined by the Secretary concerned, and
flying performed by members in training that leads to
the award of an aeronautical rating or designation.
``(3) The term `proficiency flying duty' means
flying performed under competent orders by rated or
designated regular or reserve component officers while
serving in assignments in which such skills would
normally not be maintained in the performance of
assigned duties.
``(4) The term `officer' includes an individual
enlisted and designated as an aviation cadet under
section 6911 of title 10.
``(i) Termination of Authority.--No agreement may be
entered into under this section after December 31, 2009.
``Sec. 335. Special bonus and incentive pay authorities for officers in
health professions
``(a) Health Professions Bonus.--The Secretary concerned
may pay a health professions bonus under this section to a
person, including an officer in the uniformed services, who is
a graduate of an accredited school in a health profession and
who--
``(1) accepts a commission or appointment as an
officer in a regular or reserve component of a
uniformed service, or affiliates with a reserve
component of a uniformed service, and agrees to serve
on active duty in a regular component or in an active
status in a reserve component in a health profession;
``(2) accepts a commission or appointment as an
officer and whose health profession specialty is
designated by the Secretary of Defense as a critically
short wartime specialty; or
``(3) agrees to remain on active duty or continue
serving in an active status in a reserve component in a
health profession.
``(b) Health Professions Incentive Pay.--The Secretary
concerned may pay incentive pay under this section to an
officer in a regular or reserve component of a uniformed
service who--
``(1) is entitled to basic pay under section 204 of
this title or compensation under section 206 of this
title; and
``(2) is serving on active duty or in an active
status in a designated health profession specialty or
skill.
``(c) Board Certification Incentive Pay.--The Secretary
concerned may pay board certification incentive pay under this
section to an officer in a regular or reserve component of a
uniformed service who--
``(1) is entitled to basic pay under section 204 of
this title or compensation under section 206 of this
title;
``(2) is board certified in a designated health
profession specialty or skill; and
``(3) is serving on active duty or in an active
status in such designated health profession specialty
or skill.
``(d) Additional Eligibility Criteria.--The Secretary
concerned may impose such additional criteria for the receipt
of a bonus or incentive pay under this section as the Secretary
determines to be appropriate.
``(e) Maximum Amount and Method of Payment.--
``(1) Maximum amount.--The Secretary concerned
shall determine the amounts of a bonus or incentive pay
to be paid under this section, except that--
``(A) a health professions bonus paid under
paragraph (1) of subsection (a) may not exceed
$30,000 for each 12-month period of obligated
service agreed to under subsection (f);
``(B) a health professions bonus paid under
paragraph (2) of subsection (a) may not exceed
$100,000 for each 12-month period of obligated
service agreed to under subsection (f);
``(C) a health professions bonus paid under
paragraph (3) of subsection (a) may not exceed
$75,000 for each 12-month period of obligated
service agreed to under subsection (f);
``(D) health professions incentive pay
under subsection (b) may be paid monthly and
may not exceed, in any 12-month period--
``(i) $100,000 for medical officers
and dental surgeons; and
``(ii) $15,000 for officers in
other health professions; and
``(E) board certification incentive pay
under subsection (c) may not exceed $6,000 for
each 12-month period an officer remains
certified in the designated health profession
specialty or skill.
``(2) Lump sum or installments.--A health
professions bonus under subsection (a) may be paid in a
lump sum or in periodic installments, as determined by
the Secretary concerned. Board certification incentive
pay under subsection (c) may be paid monthly, in a lump
sum at the beginning of the certification period, or in
periodic installments during the certification period,
as determined by the Secretary concerned.
``(3) Fixing bonus amount.--Upon acceptance by the
Secretary concerned of the written agreement required
by subsection (f), the total amount of the health
professions bonus to be paid under the agreement shall
be fixed.
``(f) Written Agreement for Bonus.--To receive a bonus
under this section, an officer determined to be eligible for
the bonus shall enter into a written agreement with the
Secretary concerned that specifies--
``(1) the amount of the bonus;
``(2) the method of payment of the bonus under
subsection (e)(2);
``(3) the period of obligated service;
``(4) whether the service will be performed on
active duty or in an active status in a reserve
component; and
``(5) the type or conditions of the service.
``(g) Reserve Component Officers.--An officer in a reserve
component authorized incentive pay under subsection (b) or (c)
who is not serving on continuous active duty and is entitled to
compensation under section 204 of this title or compensation
under section 206 of this title may be paid a monthly amount of
incentive pay that is proportionate to the basic pay or
compensation received under this title.
``(h) Relationship to Other Pay and Allowances.--
``(1) Health professions bonus.--A bonus paid to a
person or officer under subsection (a) shall be in
addition to any other pay and allowance to which the
person or officer is entitled, except that a person or
officer may not receive a payment under such subsection
and section 332 of this title for the same period of
obligated service.
``(2) Health professions incentive pay.--Incentive
pay paid to an officer under subsection (b) shall be in
addition to any other pay and allowance to which an
officer is entitled, except that an officer may not
receive a payment under such subsection and section 353
of this title for the same skill and period of service.
``(3) Board certification incentive pay.--Incentive
pay paid to an officer under subsection (c) shall be in
addition to any other pay and allowance to which an
officer is entitled, except that an officer may not
receive a payment under such subsection and section
353(b) of this title for the same skill and period of
service covered by the certification.
``(i) Repayment.--An officer who receives a bonus or
incentive pay under this section and who fails to fulfill the
eligibility requirements for the receipt of the bonus or
incentive pay or complete the period of service for which the
bonus or incentive pay is paid, as specified in the written
agreement under subsection (f) in the case of a bonus, shall be
subject to the repayment provisions of section 373 of this
title.
``(j) Health Profession Defined.--In this section, the term
`health profession' means the following:
``(1) Any health profession performed by officers
in the Medical Corps of a uniformed service or by
officers designated as a medical officer.
``(2) Any health profession performed by officers
in the Dental Corps of a uniformed service or by
officers designated as a dental officer.
``(3) Any health profession performed by officers
in the Medical Service Corps of a uniformed service or
by officers designated as a medical service officer or
biomedical sciences officer.
``(4) Any health profession performed by officers
in the Medical Specialist Corps of a uniformed service
or by officers designated as a medical specialist.
``(5) Any health profession performed by officers
of the Nurse Corps of a uniformed service or by
officers designated as a nurse.
``(6) Any health profession performed by officers
in the Veterinary Corps of a uniformed service or by
officers designated as a veterinary officer.
``(7) Any health profession performed by officers
designated as a physician assistant.
``(8) Any health profession performed by officers
in the regular or reserve corps of the Public Health
Service.
``(k) Termination of Authority.--No agreement may be
entered into under this section after December 31, 2009.
``Sec. 351. Hazardous duty pay
``(a) Hazardous Duty Pay.--The Secretary concerned may pay
hazardous duty pay under this section to a member of a regular
or reserve component of the uniformed services entitled to
basic pay under section 204 of this title or compensation under
section 206 of this title who--
``(1) performs duty in a hostile fire area
designated by the Secretary concerned, is exposed to a
hostile fire event, explosion of a hostile explosive
device, or any other hostile action, or is on duty
during a month in an area in which a hostile event
occurred which placed the member in grave danger of
physical injury;
``(2) performs duty designated by the Secretary
concerned as hazardous duty based upon the inherent
dangers of that duty and risks of physical injury; or
``(3) performs duty in a foreign area designated by
the Secretary concerned as an area in which the member
is subject to imminent danger of physical injury due to
threat conditions.
``(b) Maximum Amount.--The amount of hazardous duty pay
paid to a member under subsection (a) shall be based on the
type of duty and the area in which the duty is performed, as
follows:
``(1) In the case of a member who performs duty in
a designated hostile fire area, as described in
subsection (a)(1), hazardous duty pay may not exceed
$450 per month.
``(2) In the case of a member who performs a
designated hazardous duty, as described in subsection
(a)(2), hazardous duty pay may not exceed $250 per
month.
``(3) In the case of a member who performs duty in
a foreign area designated as an imminent danger area,
as described in subsection (a)(3), hazardous duty pay
may not exceed $250 per month.
``(c) Method of Payment.--Hazardous duty pay shall be paid
on a monthly basis. A member who is eligible for hazardous duty
pay by reason of subsection (a) shall receive the full monthly
rate of hazardous duty pay authorized by the Secretary
concerned under such paragraph, notwithstanding subsection (d).
``(d) Reserve Component Members Performing Inactive Duty
Training.--A member of a reserve component entitled to
compensation under section 206 of this title who is authorized
hazardous duty pay under this section may be paid an amount of
hazardous duty pay that is proportionate to the compensation
received by the member under section 206 of this title for
inactive-duty training.
``(e) Administration and Retroactive Payments.--The
effective date for the designation of a hostile fire area, as
described in paragraph (1) of subsection (a), and for the
designation of a foreign area as an imminent danger area, as
described in paragraph (3) of such subsection, may be a date
that occurs before, on, or after the actual date of the
designation by the Secretary concerned.
``(f) Determination of Fact.--Any determination of fact
that is made in administering subsection (a) is conclusive. The
determination may not be reviewed by any other officer or
agency of the United States unless there has been fraud or
gross negligence. However, the Secretary concerned may change
the determination on the basis of new evidence or for other
good cause. The regulations prescribed to administer this
section shall define the activities that are considered
hazardous for purposes of subsection (a)(2).
``(g) Relationship to Other Pay and Allowances.--
``(1) In addition to other pay and allowances.--A
member may be paid hazardous duty pay under this
section in addition to any other pay and allowances to
which the member is entitled. The regulations
prescribed to administer this section shall address
dual compensation under this section for multiple
circumstances involving performance of a designated
hazardous duty, as described in paragraph (2) of
subsection (a), or for duty in certain designated
areas, as described in paragraph (1) or (3) of such
subsection, that is performed by a member during a
single month of service.
``(2) Limitation.--A member may not receive
hazardous duty pay under this section for a month for
more than three qualifying instances described in
subsection (a)(2).
``(h) Prohibition on Variable Rates.--The regulations
prescribed to administer this section may not include varied
criteria or rates for payment of hazardous duty for officers
and enlisted members.
``(i) Termination of Authority.--No hazardous duty pay
under this section may be paid after December 31, 2009.
``Sec. 352. Assignment pay or special duty pay
``(a) Assignment or Special Duty Pay Authorized.--The
Secretary concerned may pay assignment or special duty pay
under this section to a member of a regular or reserve
component of the uniformed services who--
``(1) is entitled to basic pay under section 204 of
this title or compensation under section 206 of this
title; and
``(2) performs duties in an assignment, location,
or unit designated by, and under the conditions of
service specified by, the Secretary concerned.
``(b) Maximum Amount and Method of Payment.--
``(1) Lump sum or installments.--Assignment or
special duty pay under subsection (a) may be paid
monthly, in a lump sum, or in periodic installments
other than monthly, as determined by the Secretary
concerned.
``(2) Maximum monthly amount.--The maximum monthly
amount of assignment or special duty pay may not exceed
$5,000.
``(3) Maximum lump sum amount.--The amount of a
lump sum payment of assignment or special duty pay
payable to a member may not exceed the amount equal to
the product of--
``(A) the maximum monthly rate authorized
under paragraph (2) at the time the member
enters into a written agreement under
subsection (c); and
``(B) the number of continuous months in
the period for which assignment or special duty
pay will be paid pursuant to the agreement.
``(4) Maximum installment amount.--The amount of
each installment payment of assignment or special duty
pay payable to a member on an installment basis may not
exceed the amount equal to--
``(A) the product of--
``(i) a monthly rate specified in
the written agreement entered into
under subsection (c), which monthly
rate may not exceed the maximum monthly
rate authorized under paragraph (2) at
the time the member enters into the
agreement; and
``(ii) the number of continuous
months in the period for which the
assignment or special duty pay will be
paid; divided by
``(B) the number of installments over such
period.
``(5) Effect of extension.--If a member extends an
assignment or performance of duty specified in an
agreement with the Secretary concerned under subsection
(c), assignment or special duty pay for the period of
the extension may be paid on a monthly basis, in a lump
sum, or in installments, consistent with this
subsection.
``(c) Written Agreement.--
``(1) Discretionary for monthly payments.--The
Secretary concerned may require a member to enter into
a written agreement with the Secretary in order to
qualify for the payment of assignment or special duty
pay on a monthly basis. The written agreement shall
specify the period for which the assignment or special
duty pay will be paid to the member and the monthly
rate of the assignment or special duty pay.
``(2) Required for lump sum or installment
payments.--The Secretary concerned shall require a
member to enter into a written agreement with the
Secretary in order to qualify for payment of assignment
or special duty pay on a lump sum or installment basis.
The written agreement shall specify the period for
which the assignment or special duty pay will be paid
to the member and the amount of the lump sum or each
periodic installment.
``(d) Reserve Component Members Performing Inactive Duty
Training.--A member of a reserve component entitled to
compensation under section 206 of this title who is authorized
assignment or special duty pay under this section may be paid
an amount of assignment or special duty pay that is
proportionate to the compensation received by the member under
section 206 of this title for inactive-duty training.
``(e) Relationship to Other Pay and Allowances.--Assignment
or special duty pay paid to a member under this section is in
addition to any other pay and allowances to which the member is
entitled.
``(f) Repayment.--A member who receives assignment or
special duty pay under this section and who fails to fulfill
the eligibility requirements under subsection (a) for receipt
of such pay shall be subject to the repayment provisions of
section 373 of this title.
``(g) Termination of Authority.--No agreement may be
entered into under this section after December 31, 2009.
``Sec. 353. Skill incentive pay or proficiency bonus
``(a) Skill Incentive Pay.--The Secretary concerned may pay
a monthly skill incentive pay to a member of a regular or
reserve component of the uniformed services who--
``(1) is entitled to basic pay under section 204 of
this title or compensation under section 206 of this
title; and
``(2) serves in a career field or skill designated
as critical by the Secretary concerned.
``(b) Skill Proficiency Bonus.--The Secretary concerned may
pay a proficiency bonus to a member of a regular or reserve
component of the uniformed services who--
``(1) is entitled to basic pay under section 204 of
this title or compensation under section 206 of this
title; and
``(2) is determined to have, and maintains,
certified proficiency under subsection (d) in a skill
designated as critical by the Secretary concerned.
``(c) Maximum Amounts and Methods of Payment.--
``(1) Skill incentive pay.--Skill incentive pay
under subsection (a) shall be in paid monthly in an
amount not exceed $1,000 per month.
``(2) Proficiency bonus.--A proficiency bonus under
subsection (b) may be paid in a lump sum at the
beginning of the proficiency certification period or in
periodic installments during the proficiency
certification period. The amount of the bonus may not
exceed $12,000 for each 12-month period of
certification. The Secretary concerned may not vary the
criteria or rates for the proficiency bonus paid for
officers and enlisted members.
``(d) Certified Proficiency for Proficiency Bonus.--
``(1) Certification required.--Proficiency in a
designated critical skill for purposes of subsection
(b) shall be subject to annual certification by the
Secretary concerned.
``(2) Duration of certification.--A certification
period for purposes of subsection (c)(2) shall expire
at the end of the one-year period beginning on the
first day of the first month beginning on or after the
certification date.
``(3) Waiver.--Notwithstanding paragraphs (1) and
(2), the regulations prescribed to administer this
section shall address the circumstances under which the
Secretary concerned may waive the certification
requirement under paragraph (1) or extend a
certification period under paragraph (2).
``(e) Written Agreement.--
``(1) Discretionary for skill incentive pay.--The
Secretary concerned may require a member to enter into
a written agreement with the Secretary in order to
qualify for the payment of skill incentive pay under
subsection (a). The written agreement shall specify the
period for which the skill incentive pay will be paid
to the member and the monthly rate of the pay.
``(2) Required for proficiency bonus.--The
Secretary concerned shall require a member to enter
into a written agreement with the Secretary in order to
qualify for payment of a proficiency bonus under
subsection (b). The written agreement shall specify the
amount of the proficiency bonus, the period for which
the bonus will be paid, and the initial certification
or recertification necessary for payment of the
proficiency bonus.
``(f) Reserve Component Members Performing Inactive Duty
Training.--
``(1) Proration.--A member of a reserve component
entitled to compensation under section 206 of this
title who is authorized skill incentive pay under
subsection (a) or a skill proficiency bonus under
subsection (b) may be paid an amount of the pay or
bonus, as the case may be, that is proportionate to the
compensation received by the member under section 206
of this title for inactive-duty training.
``(2) Exception for foreign language proficiency.--
No reduction in the amount of a skill proficiency bonus
may be made under paragraph (1) in the case of a member
of a reserve component who is authorized the bonus
because of the member's proficiency in a foreign
language.
``(g) Repayment.--A member who receives skill incentive pay
or a proficiency bonus under this section and who fails to
fulfill the eligibility requirement for receipt of the pay or
bonus shall be subject to the repayment provisions of section
373 of this title.
``(h) Relationship to Other Pays and Allowances.--A member
may not be paid more than one pay under this section in any
month for the same period of service and skill. A member may be
paid skill incentive pay or the proficiency bonus under this
section in addition to any other pay and allowances to which
the member is entitled, except that a member may not be paid
skill incentive pay or a proficiency bonus under this section
and hazardous duty pay under section 351 of this title for the
same period of service in the same career field or skill.
``(i) Termination of Authority.--No agreement may be
entered into under this section after December 31, 2009.
``SUBCHAPTER III--GENERAL PROVISIONS
``Sec. 371. Relationship to other incentives and pays
``(a) Treatment.--A bonus or incentive pay paid to a member
of the uniformed services under subchapter II is in addition to
any other pay and allowance to which a member is entitled,
unless otherwise provided under this chapter.
``(b) Exception.--A member may not receive a bonus or
incentive pay under both subchapter I and subchapter II for the
same activity, skill, or period of service.
``(c) Relationship to Other Computations.--The amount of a
bonus or incentive pay to which a member is entitled under
subchapter II may not be included in computing the amount of--
``(1) any increase in pay authorized by any other
provision of this title; or
``(2) any retired pay, retainer pay, separation
pay, or disability severance pay.
``Sec. 372. Continuation of pays during hospitalization and
rehabilitation resulting from wounds, injury, or
illness incurred while on duty in a hostile fire
area or exposed to an event of hostile fire or
other hostile action
``(a) Continuation of Pays.--If a member of a regular or
reserve component of a uniformed service incurs a wound,
injury, or illness in the line of duty while serving in a
combat operation or a combat zone, while serving in a hostile
fire area, or while exposed to a hostile fire event, as
described under section 351 of this title, and is hospitalized
for treatment of the wound, injury, or illness, the Secretary
concerned may continue to pay to the member, notwithstanding
any provision of this chapter to the contrary, all pay and
allowances (including any bonus, incentive pay, or similar
benefit) that were being paid to the member at the time the
member incurred the wound, injury, or illness.
``(b) Duration.--The payment of pay and allowances to a
member under subsection (a) may continue until the end of the
first month beginning after the earliest of the following
dates:
``(1) The date on which the member is returned for
assignment to other than a medical or patient unit for
duty.
``(2) One year after the date on which the member
is first hospitalized for the treatment of the wound,
injury, or illness, except that the Secretary concerned
may extend the termination date in six-month
increments.
``(3) The date on which the member is discharged,
separated, or retired (including temporary disability
retirement) from the uniformed services.
``(c) Bonus, Incentive Pay, or Similar Benefit Defined.--In
this section, the term `bonus, incentive pay, or similar
benefit' means a bonus, incentive pay, special pay, or similar
payment paid to a member of the uniformed services under this
title or title 10.
``Sec. 373. Repayment of unearned portion of bonus, incentive pay, or
similar benefit when conditions of payment not met
``(a) Repayment.--Except as provided in subsection (b), a
member of the uniformed services who is paid a bonus, incentive
pay, or similar benefit, the receipt of which is contingent
upon the member's satisfaction of certain service or
eligibility requirements, shall repay to the United States any
unearned portion of the bonus, incentive pay, or similar
benefit if the member fails to satisfy any such service or
eligibility requirement.
``(b) Exceptions.--The regulations prescribed to administer
this section may specify procedures for determining the
circumstances under which an exception to the required
repayment may be granted.
``(c) Effect of Bankruptcy.--An obligation to repay the
United States under this section is, for all purposes, a debt
owed the United States. A discharge in bankruptcy under title
11 does not discharge a person from such debt if the discharge
order is entered less than five years after--
``(1) the date of the termination of the agreement
or contract on which the debt is based; or
``(2) in the absence of such an agreement or
contract, the date of the termination of the service on
which the debt is based.
``(d) Definitions.--In this section:
``(1) The term `bonus, incentive pay, or similar
benefit' means a bonus, incentive pay, special pay, or
similar payment, or an educational benefit or stipend,
paid to a member of the uniformed services under a
provision of law that refers to the repayment
requirements of this section or section 303a(e) of this
title.
``(2) The term `service', as used in subsection
(c)(2), refers to an obligation willingly undertaken by
a member of the uniformed services, in exchange for a
bonus, incentive pay, or similar benefit offered by the
Secretary concerned--
``(A) to a member in a regular or reserve
component who remains on active duty or in an
active status;
``(B) to perform duty in a specified skill,
with or without a specified qualification or
credential;
``(C) to perform duty in a specified
assignment, location or unit; or
``(D) to perform duty for a specified
period of time.
``Sec. 374. Regulations
``This subchapter and subchapter II shall be administered
under regulations prescribed by--
``(1) the Secretary of Defense, with respect to the
armed forces under the jurisdiction of the Secretary of
Defense;
``(2) the Secretary of Homeland Security, with
respect to the Coast Guard when it is not operating as
a service in the Navy;
``(3) the Secretary of Health and Human Services,
with respect to the commissioned corps of the Public
Health Service; and
``(4) the Secretary of Commerce, with respect to
the National Oceanic and Atmospheric Administration.''.
(b) Transfer of 15-Year Career Status Bonus to Subchapter
II.--
(1) Transfer.--Section 322 of title 37, United
States Code, is transferred to appear after section 353
of subchapter II of chapter 5 of such title, as added
by subsection (a), and is redesignated as section 354.
(2) Conforming amendment.--Subsection (f) of such
section, as so transferred and redesignated, is amended
by striking ``section 303a(e)'' and inserting ``section
373''.
(3) Cross references.--Sections 1401a, 1409(b)(2),
and 1410 of title 10, United States Code, are amended
by striking ``section 322'' each place it appears and
inserting ``section 322 (as in effect before the
enactment of the National Defense Authorization Act for
Fiscal Year 2008) or section 354''.
(c) Transfer of Retention Incentives for Members Qualified
in Critical Military Skills or Assigned to High Priority
Units.--
(1) Transfer.--Section 323 of title 37, United
States Code, as amended by sections 614 and 622, is
transferred to appear after section 354 of subchapter
II of chapter 5 of such title, as transferred and
redesignated by subsection (b)(1), and is redesignated
as section 355.
(2) Conforming amendment.--Subsection (g) of such
section, as so transferred and redesignated, is amended
by striking ``section 303a(e)'' and inserting ``section
373''.
(d) Clerical Amendment.--The table of sections at the
beginning of chapter 5 of title 37, United States Code, is
amended to read as follows:
``subchapter i--existing special pay, incentive pay, and bonus
authorities
``Sec.
``301. Incentive pay: hazardous duty.
``301a. Incentive pay: aviation career.
``301b. Special pay: aviation career officers extending period of active
duty.
``301c. Incentive pay: submarine duty.
``301d. Multiyear retention bonus: medical officers of the armed forces.
``301e. Multiyear retention bonus: dental officers of the armed forces.
``302. Special pay: medical officers of the armed forces.
``302a. Special pay: optometrists.
``302b. Special pay: dental officers of the armed forces.
``302c. Special pay: psychologists and nonphysician health care
providers.
``302d. Special pay: accession bonus for registered nurses.
``302e. Special pay: nurse anesthetists.
``302f. Special pay: reserve, recalled, or retained health care
officers.
``302g. Special pay: Selected Reserve health care professionals in
critically short wartime specialties.
``302h. Special pay: accession bonus for dental officers.
``302i. Special pay: pharmacy officers.
``302j. Special pay: accession bonus for pharmacy officers.
``302k. Special pay: accession bonus for medical officers in critically
short wartime specialties.
``302l. Special pay: accession bonus for dental specialist officers in
critically short wartime specialties.
``303. Special pay: veterinarians.
``303a. Special pay: general provisions.
``303b. Waiver of board certification requirements.
``304. Special pay: diving duty.
``305. Special pay: hardship duty pay.
``305a. Special pay: career sea pay.
``305b. Special pay: service as member of Weapons of Mass Destruction
Civil Support Team.
``306. Special pay: officers holding positions of unusual responsibility
and of critical nature.
``306a. Special pay: members assigned to international military
headquarters.
``307. Special pay: special duty assignment pay for enlisted members.
``307a. Special pay: assignment incentive pay.
``308. Special pay: reenlistment bonus.
``308b. Special pay: reenlistment bonus for members of the Selected
Reserve.
``308c. Special pay: bonus for affiliation or enlistment in the Selected
Reserve.
``308d. Special pay: members of the Selected Reserve assigned to certain
high priority units.
``308g. Special pay: bonus for enlistment in elements of the Ready
Reserve other than the Selected Reserve.
``308h. Special pay: bonus for reenlistment, enlistment, or voluntary
extension of enlistment in elements of the Ready Reserve other
than the Selected Reserve.
``308i. Special pay: prior service enlistment bonus.
``308j. Special pay: affiliation bonus for officers in the Selected
Reserve.
``309. Special pay: enlistment bonus.
``310. Special pay: duty subject to hostile fire or imminent danger.
``312. Special pay: nuclear-qualified officers extending period of
active duty.
``312b. Special pay: nuclear career accession bonus.
``312c. Special pay: nuclear career annual incentive bonus.
``314. Special pay or bonus: qualified members extending duty at
designated locations overseas.
``315. Special pay: engineering and scientific career continuation pay.
``316. Special pay: bonus for members with foreign language proficiency.
``317. Special pay: officers in critical acquisition positions extending
period of active duty.
``318. Special pay: special warfare officers extending period of active
duty.
``319. Special pay: surface warfare officer continuation pay.
``320. Incentive pay: career enlisted flyers.
``321. Special pay: judge advocate continuation pay.
``324. Special pay: accession bonus for new officers in critical skills.
``325. Incentive bonus: savings plan for education expenses and other
contingencies.
``326. Incentive bonus: conversion to military occupational specialty to
ease personnel shortage.
``327. Incentive bonus: transfer between armed forces.
``328. Combat-related injury rehabilitation pay.
``329. Incentive bonus: retired members and reserve component members
volunteering for high-demand, low-density assignments.
``330. Special pay: accession bonus for officer candidates.
``subchapter ii--consolidation of special pay, incentive pay, and bonus
authorities
``331. General bonus authority for enlisted members.
``332. General bonus authority for officers.
``333. Special bonus and incentive pay authorities for nuclear officers.
``334. Special aviation incentive pay and bonus authorities for
officers.
``335. Special bonus and incentive pay authorities for officers in
health professions.
``351. Hazardous duty pay.
``352. Assignment pay or special duty pay.
``353. Skill incentive pay or proficiency bonus.
``354. Special pay: 15-year career status bonus for members entering
service on or after August 1, 1986.
``355. Special pay: retention incentives for members qualified in
critical military skills or assigned to high priority units.
``subchapter iii--general provisions
``371. Relationship to other incentives and pays.
``372. Continuation of pays during hospitalization and rehabilitation
resulting from wounds, injury, or illness incurred while on
duty in a hostile fire area or exposed to an event of hostile
fire or other hostile action.
``373. Repayment of unearned portion of bonus, incentive pay, or similar
benefit when conditions of payment not met.
``374. Regulations.''.
SEC. 662. TRANSITIONAL PROVISIONS.
(a) Implementation Plan.--
(1) Development.--The Secretary of Defense shall
develop a plan to implement subchapters II and III of
chapter 5 of title 37, United States Code, as added by
section 661(a), and to correspondingly transition all
of the special and incentive pay programs for members
of the uniformed services solely to provisions of such
subchapters.
(2) Submission.--Not later than one year after the
date of the enactment of this Act, the Secretary shall
submit the implementation plan to the congressional
defense committees.
(b) Transition Period.--During a transition period of not
more than 10 years beginning on the date of the enactment of
this Act, the Secretary of Defense, the Secretary of a military
department, and the Secretaries referred to in subsection (d)
may continue to use the authorities in provisions in subchapter
I of chapter 5 of title 37, United States Code, as designated
by section 661(a), but subject to the terms of such provisions
and such modifications as the Secretary of Defense may include
in the implementation plan, to provide bonuses and special and
incentive pays for members of the uniformed services.
(c) Notice of Implementation of New Authorities.--Not less
than 30 days before the date on which a special pay or bonus
authority provided under subchapter II of chapter 5 of title
37, United States Code, as added by section 661(a), is first
utilized, the Secretary of Defense shall submit to the
congressional defense committees a notice of the implementation
of the authority, including whether, as a result of
implementation of the authority, a corresponding authority in
subchapter I of such chapter, as designated by section 661(a),
will no longer be used.
(d) Coordination.--The Secretary of Defense shall prepare
the implementation plan in coordination with--
(1) the Secretary of Homeland Security, with
respect to the Coast Guard;
(2) the Secretary of Health and Human Services,
with respect to the commissioned corps of the Public
Health Service; and
(3) the Secretary of Commerce, with respect to the
National Oceanic and Atmospheric Administration.
(e) No Effect on Fiscal Year 2008 Obligations.--During
fiscal year 2008, obligations incurred under subchapters I, II,
and III of chapter 5 of title 37, United States Code, as
amended by section 661, to provide bonuses, incentive pays,
special pays, and similar payments to members of the uniformed
services under such subchapters may not exceed the obligations
that would be incurred in the absence of the amendments made by
such section.
Subtitle G--Other Matters
SEC. 671. REFERRAL BONUS AUTHORITIES.
(a) Codification and Modification of army Referral Bonus
Authority.--
(1) Army referral bonus.--Chapter 333 of title 10,
United States Code, is amended by inserting after
section 3251 the following new section:
``Sec. 3252. Bonus to encourage Army personnel to refer persons for
enlistment in the Army
``(a) Authority To Pay Bonus.--
``(1) Authority.--The Secretary of the Army may pay
a bonus under this section to an individual referred to
in 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.
``(2) Individuals eligible for bonus.--Subject to
subsection (c), the following individuals are eligible
for a referral bonus under this section:
``(A) A member in the regular component of
the Army.
``(B) A member of the Army National Guard.
``(C) A member of the Army Reserve.
``(D) A member of the Army in a retired
status, including a member under 60 years of
age who, but for age, would be eligible for
retired pay.
``(E) A civilian employee of the Department
of the Army.
``(b) Referral.--For purposes of this section, a referral
for which a bonus may be paid under subsection (a) occurs--
``(1) when the individual concerned contacts an
Army recruiter on behalf of a person interested in
enlisting in the Army; or
``(2) when a person interested in enlisting in the
Army contacts the Army recruiter and informs the
recruiter of the role of the individual concerned in
initially recruiting the person.
``(c) Certain Referrals Ineligible.--
``(1) Referral of immediate family.--A member of
the Army or civilian employee of the Department of the
Army may not be paid a bonus under subsection (a) for
the referral of an immediate family member.
``(2) Members in recruiting roles.--A member of the
Army or civilian employee of the Department of the Army
serving in a recruiting or retention assignment, or
assigned to other duties regarding which eligibility
for a bonus under subsection (a) could (as determined
by the Secretary) be perceived as creating a conflict
of interest, may not be paid a bonus under subsection
(a).
``(3) Junior reserve officers' training corps
instructors.--A member of the Army detailed under
subsection (c)(1) of section 2031 of this title to
serve as an administrator or instructor in the Junior
Reserve Officers' Training Corps program or a retired
member of the Army employed as an administrator or
instructor in the program under subsection (d) of such
section may not be paid a bonus under subsection (a).
``(d) Amount of Bonus.--The amount of the bonus payable for
a referral under subsection (a) may not exceed $2,000. The
amount shall be payable as provided in subsection (e).
``(e) Payment.--A bonus payable for a referral of a person
under subsection (a) shall be paid as follows:
``(1) Not more than $1,000 shall be paid upon the
commencement of basic training by the person.
``(2) Not more than $1,000 shall be paid upon the
completion of basic training and individual advanced
training by the person.
``(f) Relation to Prohibition on Bounties.--The referral
bonus authorized by this section is not a bounty for purposes
of section 514(a) of this title.
``(g) Coordination With Receipt of Retired Pay.--A bonus
paid under this section to a member of the Army in a retired
status is in addition to any compensation to which the member
is entitled under this title, title 37 or 38, or any other
provision of law.
``(h) Duration of Authority.--A bonus may not be paid under
subsection (a) with respect to any referral that occurs after
December 31, 2008.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by inserting
after the item relating to section 3251 the following
new item:
``3252. Bonus to encourage Army personnel to refer persons for
enlistment in the Army.''.
(b) Bonus for Referral of Persons for Appointment as
Officers to Serve in Health Professions.--
(1) Health professions referral bonus .--Chapter 53
of such title is amended by inserting before section
1031 the following new section:
``Sec. 1030. Bonus to encourage Department of Defense personnel to
refer persons for appointment as officers to serve
in health professions
``(a) Authority To Pay Bonus.--
``(1) Authority.--The Secretary of Defense may
authorize the appropriate Secretary to pay a bonus
under this section to an individual referred to in
paragraph (2) who refers to a military recruiter a
person who has not previously served in an armed force
and, after such referral, takes an oath of enlistment
that leads to appointment as a commissioned officer, or
accepts an appointment as a commissioned officer, in an
armed force in a health profession designated by the
appropriate Secretary for purposes of this section.
``(2) Individuals eligible for bonus.--Subject to
subsection (c), the following individuals are eligible
for a referral bonus under this section:
``(A) A member of the armed forces in a
regular component of the armed forces.
``(B) A member of the armed forces in a
reserve component of the armed forces.
``(C) A member of the armed forces in a
retired status, including a member under 60
years of age who, but for age, would be
eligible for retired or retainer pay.
``(D) A civilian employee of a military
department or the Department of Defense.
``(b) Referral.--For purposes of this section, a referral
for which a bonus may be paid under subsection (a) occurs--
``(1) when the individual concerned contacts a
military recruiter on behalf of a person interested in
taking an oath of enlistment that leads to appointment
as a commissioned officer, or accepting an appointment
as a commissioned officer, as applicable, in an armed
force in a health profession; or
``(2) when a person interested in taking an oath of
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.
``(c) Certain Referrals Ineligible.--
``(1) Referral of immediate family.--A member of
the armed forces or civilian employee of a military
department or the Department of Defense may not be paid
a bonus under subsection (a) for the referral of an
immediate family member.
``(2) Members in recruiting roles.--A member of the
armed forces or civilian employee of a military
department or the Department of Defense serving in a
recruiting or 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).
``(3) Junior reserve officers' training corps
instructors.--A member of the armed forces detailed
under subsection (c)(1) of section 2031 of this title
to serve as an administrator or instructor in the
Junior Reserve Officers' Training Corps program or a
retired member of the armed forces employed as an
administrator or instructor in the program under
subsection (d) of such section may not be paid a bonus
under subsection (a).
``(d) Amount of Bonus.--The amount of the bonus payable for
a referral under subsection (a) may not exceed $2,000. The
amount shall be payable as provided in subsection (e).
``(e) Payment.--A bonus payable for a referral of a person
under subsection (a) shall be paid as follows:
``(1) Not more than $1,000 shall be paid upon the
execution by the person of an agreement to serve as an
officer in a health profession in an armed force for
not less than 3 years,
``(2) Not more than $1,000 shall be paid upon the
completion by the person of the initial period of
military training as an officer.
``(f) Relation to Prohibition on Bounties.--The referral
bonus authorized by this section is not a bounty for purposes
of section 514(a) of this title.
``(g) Coordination With Receipt of Retired Pay.--A bonus
paid under this section to a member of the armed forces in a
retired status is in addition to any compensation to which the
member is entitled under this title, title 37 or 38, or any
other provision of law.
``(h) Appropriate Secretary Defined.--In this section, the
term `appropriate Secretary' means--
``(1) the Secretary of the Army, with respect to
matters concerning the Army;
``(2) the Secretary of the Navy, with respect to
matters concerning the Navy, the Marine Corps, and the
Coast Guard when it is operating as a service in the
Navy;
``(3) the Secretary of the Air Force, with respect
to matters concerning the Air Force; and
``(4) the Secretary of Defense, with respect to
personnel of the Department of Defense.
``(i) Duration of Authority.--A bonus may not be paid under
subsection (a) with respect to any referral that occurs after
December 31, 2008.''.
(2) Clerical amendments.--The table of sections at
the beginning of such chapter is amended by inserting
before the item relating to section 1031 the following
new item:
``1030. Bonus to encourage Department of Defense personnel to refer
persons for appointment as officers to serve in health
professions.''.
(c) Repeal of Superseded army Referral Bonus Authority.--
(1) Repeal.--Section 645 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-
163) is repealed.
(2) Payment of bonuses under superseded
authority.--Any bonus payable under section 645 of the
National Defense Authorization Act for Fiscal Year
2006, as in effect before its repeal by paragraph (1),
shall remain payable after that date and shall be paid
in accordance with the provisions of such section, as
in effect on the day before the date of the enactment
of this Act.
SEC. 672. EXPANSION OF EDUCATION LOAN REPAYMENT PROGRAM FOR MEMBERS OF
THE SELECTED RESERVE.
(a) Additional Educational Loans Eligible for Repayment.--
Paragraph (1) of subsection (a) of section 16301 of title 10,
United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph
(B);
(2) by striking the period at the end of
subparagraph (C) and inserting ``; or''; and
(3) by inserting after subparagraph (C) the
following new subparagraph:
``(D) any loan incurred for educational purposes
made by a lender that is--
``(i) an agency or instrumentality of a
State;
``(ii) a financial or credit institution
(including an insurance company) that is
subject to examination and supervision by an
agency of the United States or any State;
``(iii) a pension fund approved by the
Secretary for purposes of this section; or
``(iv) a nonprofit private entity
designated by a State, regulated by that State,
and approved by the Secretary for purposes of
this section.''.
(b) Participation of Officers in Program.--Such subsection
is further amended--
(1) in paragraph (2)--
(A) by striking ``Except as provided in
paragraph (3), the Secretary'' and inserting
``The Secretary''; and
(B) by striking ``an enlisted member of the
Selected Reserve of the Ready Reserve of an
armed force in a reserve component and military
specialty'' and inserting ``a member of the
Selected Reserve of the Ready Reserve of an
armed force in a reserve component and in an
officer program or military specialty''; and
(2) by striking paragraph (3).
(c) Clerical Amendments.--
(1) Section heading.--The heading of such section
is amended to read as follows:
``Sec. 16301. Education loan repayment program: members of Selected
Reserve''.
(2) Table of sections.--The table of sections at
the beginning of chapter 1609 of such title is amended
by striking the item relating to section 16301 and
inserting the following new item:
``16301. Education loan repayment program: members of Selected
Reserve.''.
SEC. 673. ENSURING ENTRY INTO UNITED STATES AFTER TIME ABROAD FOR
PERMANENT RESIDENT ALIEN MILITARY SPOUSES AND
CHILDREN.
Section 284 of the Immigration and Nationality Act (8
U.S.C. 1354) is amended--
(1) by striking ``Nothing'' and inserting ``(a)
Nothing''; and
(2) by adding at the end the following new
subsection:
``(b) If a person lawfully admitted for permanent residence
is the spouse or child of a member of the Armed Forces of the
United States, is authorized to accompany the member and reside
abroad with the member pursuant to the member's official
orders, and is so accompanying and residing with the member (in
marital union if a spouse), then the residence and physical
presence of the person abroad shall not be treated as--
``(1) an abandonment or relinquishment of lawful
permanent resident status for purposes of clause (i) of
section 101(a)(13)(C); or
``(2) an absence from the United States for
purposes of clause (ii) of such section.''.
SEC. 674. OVERSEAS NATURALIZATION FOR MILITARY SPOUSES AND CHILDREN.
(a) Spouses.--Section 319 of the Immigration and
Nationality Act (8 U.S.C. 1430) is amended by adding at the end
the following new subsection:
``(e)(1) In the case of a person lawfully admitted for
permanent residence in the United States who is the spouse of a
member of the Armed Forces of the United States, is authorized
to accompany such member and reside abroad with the member
pursuant to the member's official orders, and is so
accompanying and residing with the member in marital union,
such residence and physical presence abroad shall be treated,
for purposes of subsection (a) and section 316(a), as residence
and physical presence in--
``(A) the United States; and
``(B) any State or district of the Department of
Homeland Security in the United States.
``(2) Notwithstanding any other provision of law, a spouse
described in paragraph (1) shall be eligible for naturalization
proceedings overseas pursuant to section 1701(d) of the
National Defense Authorization Act for Fiscal Year 2004 (Public
Law 108-136; 8 U.S.C. 1443a).''.
(b) Children.--Section 322 of the Immigration and
Nationality Act (8 U.S.C. 1433) is amended by adding at the end
the following new subsection:
``(d) In the case of a child of a member of the Armed
Forces of the United States who is authorized to accompany such
member and reside abroad with the member pursuant to the
member's official orders, and is so accompanying and residing
with the member--
``(1) any period of time during which the member of
the Armed Forces is residing abroad pursuant to
official orders shall be treated, for purposes of
subsection (a)(2)(A), as physical presence in the
United States;
``(2) subsection (a)(5) shall not apply; and
``(3) the oath of allegiance described in
subsection (b) may be subscribed to abroad pursuant to
section 1701(d) of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 8 U.S.C.
1443a).''.
(c) Overseas Naturalization Authority.--Section 1701(d) of
the National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 8 U.S.C. 1443a) is amended--
(1) in the subsection heading, by inserting ``and
Their Spouses and Children'' after ``Forces''; and
(2) by inserting ``, and persons made eligible for
naturalization by section 319(e) or 322(d) of such
Act,'' after ``Armed Forces''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this Act and
apply to any application for naturalization or issuance of a
certificate of citizenship pending on or after such date.
SEC. 675. MODIFICATION OF AMOUNT OF BACK PAY FOR MEMBERS OF NAVY AND
MARINE CORPS SELECTED FOR PROMOTION WHILE INTERNED
AS PRISONERS OF WAR DURING WORLD WAR II TO TAKE
INTO ACCOUNT CHANGES IN CONSUMER PRICE INDEX.
(a) Modification.--Section 667(c) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-170) is
amended by adding at the end the following new paragraph:
``(3) The amount determined for a person under paragraph
(1) shall be increased to reflect increases in cost of living
since the basic pay referred to in paragraph (1)(B) was paid to
or for that person, calculated on the basis of the Consumer
Price Index (all items--United States city average) published
monthly by the Bureau of Labor Statistics.''.
(b) Recalculation of Previous Payments.--In the case of any
payment of back pay made to or for a person under section 667
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 before the date of the enactment of this Act,
the Secretary of the Navy shall--
(1) recalculate the amount of back pay to which the
person is entitled by reason of the amendment made by
subsection (a); and
(2) if the amount of back pay, as so recalculated,
exceeds the amount of back pay so paid, pay the person,
or the surviving spouse of the person, an amount equal
to the excess.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Improvements to Military Health Benefits
Sec. 701. One-year extension of prohibition on increases in certain
health care costs for members of the uniformed services.
Sec. 702. Temporary prohibition on increase in copayments under retail
pharmacy system of pharmacy benefits program.
Sec. 703. Inclusion of TRICARE retail pharmacy program in Federal
procurement of pharmaceuticals.
Sec. 704. Stipend for members of reserve components for health care for
certain dependents.
Sec. 705. Authority for expansion of persons eligible for continued
health benefits coverage.
Sec. 706. Continuation of eligibility for TRICARE Standard coverage for
certain members of the Selected Reserve.
Sec. 707. Extension of pilot program for health care delivery.
Sec. 708. Inclusion of mental health care in definition of health care
and report on mental health care services.
Subtitle B--Studies and Reports
Sec. 711. Surveys on continued viability of TRICARE Standard and TRICARE
Extra.
Sec. 712. Report on training in preservation of remains under combat or
combat-related conditions.
Sec. 713. Report on patient satisfaction surveys.
Sec. 714. Report on medical physical examinations of members of the
Armed Forces before their deployment.
Sec. 715. Report and study on multiple vaccinations of members of the
Armed Forces.
Sec. 716. Review of gender- and ethnic group-specific mental health
services and treatment for members of the Armed Forces.
Sec. 717. Licensed mental health counselors and the TRICARE program.
Sec. 718. Report on funding of the Department of Defense for health
care.
Subtitle C--Other Matters
Sec. 721. Prohibition on conversion of military medical and dental
positions to civilian medical and dental positions.
Sec. 722. Establishment of Joint Pathology Center.
Subtitle A--Improvements to Military Health Benefits
SEC. 701. ONE-YEAR EXTENSION OF PROHIBITION ON INCREASES IN CERTAIN
HEALTH CARE COSTS FOR MEMBERS OF THE UNIFORMED
SERVICES.
(a) Charges Under Contracts for Medical Care.--Section
1097(e) of title 10, United States Code, is amended by striking
``September 30, 2007'' and inserting ``September 30, 2008''.
(b) Charges for Inpatient Care.--Section 1086(b)(3) of such
title is amended by striking ``September 30, 2007.'' and
inserting ``September 30, 2008''.
(c) Premiums Under TRICARE Coverage for Certain Members in
the Selected Reserve.--Section 1076d(d)(3) of such title is
amended by striking ``September 30, 2007'' and inserting
``September 30, 2008''.
SEC. 702. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS UNDER RETAIL
PHARMACY SYSTEM OF PHARMACY BENEFITS PROGRAM.
During the period beginning on October 1, 2007, and ending
on September 30, 2008, the cost sharing requirements
established under paragraph (6) of section 1074g(a) of title
10, United States Code, for pharmaceutical agents available
through retail pharmacies covered by paragraph (2)(E)(ii) of
such section may not exceed amounts as follows:
(1) In the case of generic agents, $3.
(2) In the case of formulary agents, $9.
(3) In the case of nonformulary agents, $22.
SEC. 703. INCLUSION OF TRICARE RETAIL PHARMACY PROGRAM IN FEDERAL
PROCUREMENT OF PHARMACEUTICALS.
(a) In General.--Section 1074g of title 10, United States
Code, is amended--
(1) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively; and
(2) by inserting after subsection (e) the following
new subsection (f):
``(f) Procurement of Pharmaceuticals by TRICARE Retail
Pharmacy Program.--With respect to any prescription filled on
or after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2008, the TRICARE retail
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.''.
(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 section 1074g of title 10,
United States Code (as redesignated by subsection (a)(1) of
this section), to implement the requirements of subsection (f)
of section 1074g of title 10, United States Code (as amended by
subsection (a)(2) of this section). The Secretary shall so
modify such regulations not later than December 31, 2007.
SEC. 704. STIPEND FOR MEMBERS OF RESERVE COMPONENTS FOR HEALTH CARE FOR
CERTAIN DEPENDENTS.
The Secretary of Defense may, pursuant to regulations
prescribed by the Secretary, pay a stipend to a member of a
reserve component of the Armed Forces who is called or ordered
to active duty for a period of more than 30 days for purposes
of maintaining civilian health care coverage for a dependant
whom the Secretary determines to possess a special health care
need that would be best met by remaining in the member's
civilian health plan. In making such determination, the
Secretary shall consider whether--
(1) the dependent of the member was receiving
treatment for the special health care need before the
call or order to active duty of the member; and
(2) the call or order to active duty would result
in an interruption in treatment or a change in health
care provider for such treatment.
SEC. 705. AUTHORITY FOR EXPANSION OF PERSONS ELIGIBLE FOR CONTINUED
HEALTH BENEFITS COVERAGE.
(a) Authority To Specify Additional Eligible Persons.--
Subsection (b) of section 1078a of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(4) Any other person specified in regulations
prescribed by the Secretary of Defense for purposes of
this paragraph who loses entitlement to health care
services under this chapter or section 1145 of this
title, subject to such terms and conditions as the
Secretary shall prescribe in the regulations.''.
(b) Election of Coverage.--Subsection (d) of such section
is amended by adding at the end the following new paragraph:
``(4) In the case of a person described in
subsection (b)(4), by such date as the Secretary shall
prescribe in the regulations required for purposes of
that subsection.''.
(c) Period of Coverage.--Subsection (g)(1) of such section
is amended--
(1) in subparagraph (B), by striking ``and'' at the
end;
(2) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(3) by adding at the end the following new
subparagraph:
``(D) in the case of a person described in
subsection (b)(4), the date that is 36 months after the
date on which the person loses entitlement to health
care services as described in that subsection.''.
SEC. 706. CONTINUATION OF ELIGIBILITY FOR TRICARE STANDARD COVERAGE FOR
CERTAIN MEMBERS OF THE SELECTED RESERVE.
(a) In General.--Section 706(f) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 120 Stat. 2282; 10 U.S.C. 1076d note) is amended--
(1) by striking ``Enrollments'' and inserting ``(1)
Except as provided in paragraph (2), enrollments''; and
(2) by adding at the end the following new
paragraph:
``(2) The enrollment of a member in TRICARE Standard that
is in effect on the day before health care under TRICARE
Standard is provided pursuant to the effective date in
subsection (g) shall not be terminated by operation of the
exclusion of eligibility under subsection (a)(2) of such
section 1076d, as so amended, for the duration of the
eligibility of the member under TRICARE Standard as in effect
on October 16, 2006.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2007.
SEC. 707. EXTENSION OF PILOT PROGRAM FOR HEALTH CARE DELIVERY.
(a) Extension of Duration of Pilot Program.--Section 721(e)
of the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1988; 10 U.S.C.
1092 note) is amended by striking ``and 2007'' and inserting
``, 2007, 2008, 2009, and 2010''.
(b) Extension of Report Deadline.--Section 721(f) of such
Act is amended by striking ``July 1, 2007'' and inserting
``July 1, 2010''.
(c) Revision in Selection Criteria.--Section 721(d)(2) of
such Act is amended by striking ``expected to increase over the
next five years'' and inserting ``has increased over the five
years preceding 2008''.
(d) Addition to Requirements of Pilot Program.--Section
721(b) of such Act is amended--
(1) by striking ``and'' at the end of paragraph
(3);
(2) by striking the period and inserting ``; and''
at the end of paragraph (4); and
(3) by adding at the end the following:
``(5) collaborate with State and local authorities
to create an arrangement to share and exchange, between
the Department of Defense and non-military health care
systems, personal health information and data of
military personnel and their families.''.
SEC. 708. INCLUSION OF MENTAL HEALTH CARE IN DEFINITION OF HEALTH CARE
AND REPORT ON MENTAL HEALTH CARE SERVICES.
(a) Inclusion of Mental Health Care in Definition of Health
Care.--Section 1072 of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(10) The term `health care' includes mental
health care.''.
(b) Report on Access to Mental Health Care Services.--Not
later than one year after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report on the adequacy of access to mental health services
under the TRICARE program, including in the geographic areas
where surveys on the continued viability of TRICARE Standard
and TRICARE Extra are conducted under section 711 of this Act.
Subtitle B--Studies and Reports
SEC. 711. SURVEYS ON CONTINUED VIABILITY OF TRICARE STANDARD AND
TRICARE EXTRA.
(a) Requirement for Surveys.--
(1) In general.--The Secretary of Defense shall
conduct surveys of health care providers and
beneficiaries who use TRICARE in the United States to
determine, utilizing a reconciliation of the responses
of providers and beneficiaries to such surveys, each of
the following:
(A) How many health care providers in
TRICARE Prime service areas selected under
paragraph (3)(A) are accepting new patients
under each of TRICARE Standard and TRICARE
Extra.
(B) How many health care providers in
geographic areas in which TRICARE Prime is not
offered are accepting patients under each of
TRICARE Standard and TRICARE Extra.
(C) The availability of mental health care
providers in TRICARE Prime service areas
selected under paragraph (3)(C) and in
geographic areas in which TRICARE Prime is not
offered.
(2) Benchmarks.--The Secretary shall establish for
purposes of the surveys required by paragraph (1)
benchmarks for primary care and specialty care
providers, including mental health care providers, to
be utilized to determine the adequacy of the
availability of health care providers to beneficiaries
eligible for TRICARE.
(3) Scope of surveys.--The Secretary shall carry
out the surveys required by paragraph (1) as follows:
(A) In the case of the surveys required by
subparagraph (A) of that paragraph, in at least
20 TRICARE Prime service areas in the United
States in each of fiscal years 2008 through
2011.
(B) In the case of the surveys required by
subparagraph (B) of that paragraph, in 20
geographic areas in which TRICARE Prime is not
offered and in which significant numbers of
beneficiaries who are members of the Selected
Reserve reside.
(C) In the case of the surveys required by
subparagraph (C) of that paragraph, in at least
40 geographic areas.
(4) Priority for surveys.--In prioritizing the
areas which are to be surveyed under paragraph (1), the
Secretary shall--
(A) consult with representatives of TRICARE
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;
(B) give a high priority to surveying
health care and mental health care providers in
such areas; and
(C) give a high priority to surveying
beneficiaries and providers located in
geographic areas with high concentrations of
members of the Selected Reserve.
(5) Information from providers.--The surveys
required by paragraph (1) shall include questions
seeking to determine from health care and mental health
care providers the following:
(A) Whether the provider is aware of the
TRICARE program.
(B) What percentage of the provider's
current patient population uses any form of
TRICARE.
(C) Whether the provider accepts patients
for whom payment is made under the medicare
program for health care and mental health care
services.
(D) If the provider accepts patients
referred to in subparagraph (C), whether the
provider would accept additional such patients
who are not in the provider's current patient
population.
(6) Information from beneficiaries.--The surveys
required by paragraph (1) shall include questions
seeking information to determine from TRICARE
beneficiaries whether they have difficulties in finding
health care and mental health care providers willing to
provide services under TRICARE Standard or TRICARE
Extra.
(b) GAO Review.--
(1) Ongoing review.--The Comptroller General shall,
on an ongoing basis, review--
(A) the processes, procedures, and analysis
used by the Department of Defense to determine
the adequacy of the number of health care and
mental health care providers--
(i) that currently accept TRICARE
Standard or TRICARE Extra beneficiaries
as patients under TRICARE Standard in
each TRICARE area as of the date of
completion of the review; and
(ii) that would accept TRICARE
Standard or TRICARE Extra beneficiaries
as new patients under TRICARE Standard
or TRICARE Extra, as applicable, within
a reasonable time after the date of
completion of the review; and
(B) the actions taken by the Department of
Defense to ensure ready access of TRICARE
Standard beneficiaries to health care and
mental health care under TRICARE Standard in
each TRICARE area, including any pending or
resolved requests for waiver of payment limits
in order to improve access to health care or
mental health care in a specific geographic
area.
(2) Reports.--The Comptroller General shall submit
to the Committees on Armed Services of the Senate and
the House of Representatives on a bi-annual basis a
report on the results of the review under paragraph
(1). Each report shall include the following:
(A) An analysis of the adequacy of the
surveys under subsection (a).
(B) An identification of any impediments to
achieving adequacy of availability of health
care and mental health care under TRICARE
Standard or TRICARE Extra.
(C) An assessment of the adequacy of
Department of Defense education programs to
inform health care and mental health care
providers about TRICARE Standard and TRICARE
Extra.
(D) An assessment of the adequacy of
Department of Defense initiatives to encourage
health care and mental health care providers to
accept patients under TRICARE Standard and
TRICARE Extra.
(E) An assessment of the adequacy of
information available to TRICARE Standard
beneficiaries to facilitate access by such
beneficiaries to health care and mental health
care under TRICARE Standard and TRICARE Extra.
(F) An assessment of any need for
adjustment of health care and mental health
care provider payment rates to attract
participation in TRICARE Standard by
appropriate numbers of health care and mental
health care providers.
(G) An assessment of the adequacy of
Department of Defense programs to inform
members of the Selected Reserve about the
TRICARE Reserve Select program.
(H) An assessment of the ability of TRICARE
Reserve Select beneficiaries to receive care in
their geographic area.
(c) Effective Date.--This section shall take effect on
October 1, 2007.
(d) Repeal of Superseded Requirements and Authority.--
Section 723 of the National Defense Authorization Act for
Fiscal Year 2004 (10 U.S.C. 1073 note) is repealed, effective
as of October 1, 2007.
(e) Definitions.--In this section:
(1) The term ``TRICARE Extra'' means the option of
the TRICARE program under which TRICARE Standard
beneficiaries may obtain discounts on cost-sharing as a
result of using TRICARE network providers.
(2) The term ``TRICARE Prime'' means the managed
care option of the TRICARE program.
(3) The term ``TRICARE Prime service area'' means a
geographic area designated by the Department of Defense
in which managed care support contractors develop a
managed care network under TRICARE Prime.
(4) The term ``TRICARE Standard'' means the option
of the TRICARE program that is also known as the
Civilian Health and Medical Program of the Uniformed
Services, as defined in section 1072(4) of title 10,
United States Code.
(5) The term ``TRICARE Reserve Select'' means the
option of the TRICARE program that allows members of
the Selected Reserve to enroll in TRICARE Standard,
pursuant to section 1076d of title 10, United States
Code.
(6) The term ``member of the Selected Reserve''
means a member of the Selected Reserve of the Ready
Reserve of a reserve component of the Armed Forces.
(7) The term ``United States'' means the United
States (as defined in section 101(a) of title 10,
United States Code), its possessions (as defined in
such section), and the Commonwealth of Puerto Rico.
SEC. 712. REPORT ON TRAINING IN PRESERVATION OF REMAINS UNDER COMBAT OR
COMBAT-RELATED CONDITIONS.
(a) Report Required.--The Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report on the requirements of section 567
of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2224; 10 U.S.C.
1481 note).
(b) Matters Covered.--The report shall include a detailed
description of the implementation of such section, including--
(1) where the training program is taking place;
(2) who is providing the training;
(3) the number of each type of military health care
professional trained to date; and
(4) what the training covers.
(c) Deadline.--The report required by this section shall be
submitted not later than 180 days after the date of the
enactment of this Act.
SEC. 713. REPORT ON PATIENT SATISFACTION SURVEYS.
(a) Report Required.--Not later than March 1, 2008, the
Secretary of Defense shall submit to the congressional defense
committees a report on the ongoing patient satisfaction surveys
taking place in Department of Defense inpatient and outpatient
settings at military treatment facilities.
(b) Content.--The report required under subsection (a)
shall include the following:
(1) The types of survey questions asked.
(2) How frequently the surveying is conducted.
(3) How often the results are analyzed and reported
back to the treatment facilities.
(4) To whom survey feedback is made available.
(5) How best practices are incorporated for quality
improvement.
(6) An analysis of the effect of inpatient and
outpatient surveys on quality improvement and a
comparison of patient satisfaction survey programs with
patient satisfaction survey programs used by other
public and private health care systems and
organizations.
(c) Use of Report Information.--The Secretary shall use
information in the report as the basis for a plan for
improvements in patient satisfaction surveys used to assess
health care at military treatment facilities in order to ensure
the provision of high quality health care and hospital services
in such facilities.
SEC. 714. REPORT ON MEDICAL PHYSICAL EXAMINATIONS OF MEMBERS OF THE
ARMED FORCES BEFORE THEIR DEPLOYMENT.
Not later than April 1, 2008, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report setting forth the
following:
(1) A comparison of the policies of the military
departments concerning medical physical examinations of
members of the Armed Forces before their deployment,
including an identification of instances in which a
member (including a member of a reserve component) may
be required to undergo multiple physical examinations,
from the time of notification of an upcoming deployment
through the period of preparation for deployment.
(2) An assessment of the current policies related
to, as well as the feasibility of, each of the
following:
(A) A single predeployment physical
examination for members of the Armed Forces
before their deployment.
(B) A single system for tracking
electronically the results of examinations
under subparagraph (A) that can be shared among
the military departments and thereby eliminate
redundancy of medical physical examinations for
members of the Armed Forces before their
deployment.
SEC. 715. REPORT AND STUDY ON MULTIPLE VACCINATIONS OF MEMBERS OF THE
ARMED FORCES.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the policies of the
Department of Defense for administering and evaluating the
vaccination of members of the Armed Forces.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of the Department's policies
governing the administration of multiple vaccinations
in a 24-hour period, including the procedures providing
for a full review of an individual's medical history
prior to the administration of multiple vaccinations,
and whether such policies and procedures differ for
members of the Armed Forces on active duty and members
of reserve components.
(2) An assessment of how the Department's policies
on multiple vaccinations in a 24-hour period conform to
current regulations of the Food and Drug Administration
and research performed or being performed by the
Centers for Disease Control, other non-military Federal
agencies, and non-federal institutions on multiple
vaccinations in a 24-hour period.
(3) An assessment of the Department's procedures
for initiating investigations of deaths of members of
the Armed Forces in which vaccinations may have played
a role, including whether such investigations can be
requested by family members of the deceased
individuals.
(4) The number of deaths of members of the Armed
Forces since May 18, 1998, that the Department has
investigated for the potential role of vaccine
administration, including both the number of deaths
investigated that was alleged to have involved more
than one vaccine administered in a given 24-hour period
and the number of deaths investigated that was
determined to have involved more than one vaccine
administered in a given 24-hour period.
(5) An assessment of the procedures for providing
the Adjutants General of the various States and
territories with up-to-date information on the
effectiveness and potential allergic reactions and side
effects of vaccines required to be taken by National
Guard members.
(6) An assessment of whether procedures are in
place to provide that the Adjutants General of the
various States and territories retain updated medical
records of each National Guard member called up for
active duty.
SEC. 716. REVIEW OF GENDER- AND ETHNIC GROUP-SPECIFIC MENTAL HEALTH
SERVICES AND TREATMENT FOR MEMBERS OF THE ARMED
FORCES.
(a) Comprehensive Review.--The Secretary of Defense shall
conduct a comprehensive review of--
(1) the need for gender- and ethnic group-specific
mental health treatment and services for members of the
Armed Forces; and
(2) the efficacy and adequacy of existing gender-
and ethnic group-specific mental health treatment
programs and services for members of the Armed Forces,
to include availability of and access to such programs.
(b) Elements.--The review required by subsection (a) shall
include, but not be limited to, an assessment of the following:
(1) The need for gender- and ethnic group-specific
mental health outreach, prevention, and treatment
services for members of the Armed Forces.
(2) The access to and efficacy of existing gender-
and ethnic group-specific mental health outreach,
prevention, and treatment services and programs
(including substance abuse programs).
(3) The availability of gender- and ethnic group-
specific services and treatment for members of the
Armed Forces who experienced sexual assault or abuse.
(4) The access to and need for treatment facilities
focusing on the gender- and ethnic group-specific
mental health care needs of members of the Armed
Forces.
(5) The need for further clinical research on the
gender- and ethnic group-specific needs of members of
the Armed Forces who served in a combat zone.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on the review
required by subsection (a).
SEC. 717. LICENSED MENTAL HEALTH COUNSELORS AND THE TRICARE PROGRAM.
(a) Regulations.--The Secretary of Defense shall prescribe
regulations to establish criteria that licensed or certified
mental health counselors shall meet in order to be able to
independently provide care to TRICARE beneficiaries and receive
payment under the TRICARE program for such services. The
criteria shall include requirements for education level,
licensure, certification, and clinical experience as considered
appropriate by the Secretary.
(b) Study Required.--The Secretary of Defense shall enter
into a contract with the Institute of Medicine of the National
Academy of Sciences, or another similarly qualified independent
academic medical organization, for the purpose of--
(1) conducting an independent study of the
credentials, preparation, and training of individuals
practicing as licensed mental health counselors; and
(2) making recommendations for permitting licensed
mental health counselors to practice independently
under the TRICARE program.
(c) Elements of Study.--
(1) Educational requirements.--The study required
by subsection (b) shall provide for an assessment of
the educational requirements and curricula relevant to
mental health practice for licensed mental health
counselors, including types of degrees recognized,
certification standards for graduate programs for such
profession, and recognition of undergraduate coursework
for completion of graduate degree requirements.
(2) Licensing requirements.--The study required by
subsection (b) shall provide for an assessment of State
licensing requirements for licensed mental health
counselors, including for each level of licensure if a
State issues more than one type of license for the
profession. The assessment shall examine requirements
in the areas of education, training, examination,
continuing education, and ethical standards, and shall
include an evaluation of the extent to which States
authorize members of the licensed mental health
counselor profession to diagnose and treat mental
illnesses.
(3) Clinical experience requirements.--The study
required by subsection (b) shall provide for an
analysis of the requirements for clinical experience
for a licensed mental health counselor to be recognized
under regulations for the TRICARE program, and
recommendations, if any, for standardization or
adjustment of such requirements.
(4) Independent practice under other federal
programs.--The study required by subsection (b) shall
provide for an assessment of the extent to which
licensed mental health counselors are authorized to
practice independently under other Federal programs
(such as the Medicare program, the Department of
Veterans Affairs, the Indian Health Service, and Head
Start), and a review of the relationship, if any,
between recognition of mental health professions under
the Medicare program and independent practice authority
for such profession under the TRICARE program.
(5) Independent practice under fehbp.--The study
required by subsection (b) shall provide for an
assessment of the extent to which licensed mental
health counselors are authorized to practice
independently under the Federal Employee Health
Benefits Program and private insurance plans. The
assessment shall identify the States having laws
requiring private insurers to cover, or offer coverage
of, the services of members of licensed mental health
counselors and shall identify the conditions, if any,
that are placed on coverage of practitioners under the
profession by insurance plans and how frequently these
types of conditions are used by insurers.
(6) Historical review of regulations.--The study
required by subsection (b) shall provide for a review
of the history of regulations prescribed by the
Department of Defense regarding which members of the
mental health profession are recognized as providers
under the TRICARE program as independent practitioners,
and an examination of the recognition by the Department
of third-party certification for members of such
profession.
(7) Clinical capabilities studies.--The study
required by subsection (b) shall include a review of
outcome studies and of the literature regarding the
comparative quality and effectiveness of care provided
by licensed mental health counselors and provide an
independent review of the findings.
(d) Recommendations for TRICARE Independent Practice
Authority.--The recommendations provided under subsection
(b)(2) shall include recommendations regarding modifications of
current policy for the TRICARE program with respect to allowing
licensed mental health counselors to practice independently
under the TRICARE program.
(e) Report.--Not later than March 1, 2009, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the review
required by subsection (b).
SEC. 718. REPORT ON FUNDING OF THE DEPARTMENT OF DEFENSE FOR HEALTH
CARE.
(a) Report.--If the President submits to Congress the
budget for a fiscal year under section 1105 of title 31, United
States Code, and the aggregate amount included in that budget
for the Department of Defense for health care for such fiscal
year is less than the aggregate amount provided by Congress for
the Department for health care for the preceding fiscal year,
and, in the case of the Department, the total allocation from
the Defense Health Program to any military department is less
than the total such allocation in the preceding fiscal year,
the President shall submit to Congress a report on--
(1) the reasons for the determination that
inclusion of a lesser aggregate amount or allocation to
any military department is in the national interest;
and
(2) the anticipated effects of the inclusion of
such lesser aggregate amount or allocation to any
military department on the access to and delivery of
medical and support services to members of the Armed
Forces and their family members.
(b) Termination.--The section shall not be in effect after
December 31, 2017.
Subtitle C--Other Matters
SEC. 721. PROHIBITION ON CONVERSION OF MILITARY MEDICAL AND DENTAL
POSITIONS TO CIVILIAN MEDICAL AND DENTAL POSITIONS.
(a) Prohibition.--The Secretary of a military department
may not convert any military medical or dental position to a
civilian medical or dental position during the period beginning
on October 1, 2007, and ending on September 30, 2012.
(b) Restoration of Certain Positions to Military
Positions.--In the case of any military medical or dental
position that is converted to a civilian medical or dental
position during the period beginning on October 1, 2004, and
ending on September 30, 2008, if the position is not filled by
a civilian by September 30, 2008, the Secretary of the military
department concerned shall restore the position to a military
medical or dental position that can be filled only by a member
of the Armed Forces who is a health professional.
(c) Report.--
(1) Requirement.--The Secretary of Defense shall
submit to the congressional defense committees a report
on conversions made during fiscal year 2007 not later
than 180 days after the enactment of this Act.
(2) Matters covered.--The report shall include the
following:
(A) The number of military medical or
dental positions, by grade or band and
specialty, converted to civilian medical or
dental positions.
(B) The results of a market survey in each
affected area of the availability of civilian
medical and dental care providers in such area
in order to determine whether there were
civilian medical and dental care providers
available in such area adequate to fill the
civilian positions created by the conversion of
military medical and dental positions to
civilian positions in such area.
(C) An analysis, by affected area, showing
the extent to which access to health care and
cost of health care was affected in both the
direct care and purchased care systems,
including an assessment of the effect of any
increased shifts in patient load from the
direct care to the purchased care system, or
any delays in receipt of care in either the
direct or purchased care system because of the
conversions.
(D) The extent to which military medical
and dental positions converted to civilian
medical or dental positions affected recruiting
and retention of uniformed medical and dental
personnel.
(E) A comparison of the full costs for the
military medical and dental positions converted
with the full costs for civilian medical and
dental positions, including expenses such as
recruiting, salary, benefits, training, and any
other costs the Department identifies.
(F) An assessment showing that the military
medical or dental positions converted were in
excess of the military medical and dental
positions needed to meet medical and dental
readiness requirements of the uniformed
services, as determined jointly by all the
uniformed services.
(d) Definitions.--In this section:
(1) The term ``military medical or dental
position'' means a position for the performance of
health care functions within the Armed Forces held by a
member of the Armed Forces.
(2) The term ``civilian medical or dental
position'' means a position for the performance of
health care functions within the Department of Defense
held by an employee of the Department or of a
contractor of the Department.
(3) The term ``uniformed services'' has the meaning
given that term in section 1072(1) of title 10, United
States Code.
(4) The term ``conversion'', with respect to a
military medical or dental position, means a change of
the position to a civilian medical or dental position,
effective as of the date of the manning authorization
document of the military department making the change
(through a change in designation from military to
civilian in the document, the elimination of the
listing of the position as a military position in the
document, or through any other means indicating the
change in the document or otherwise).
(e) Repeal.--Section 742 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 120 Stat. 2306) is repealed.
SEC. 722. ESTABLISHMENT OF JOINT PATHOLOGY CENTER.
(a) Findings.--Congress makes the following findings:
(1) The Secretary of Defense proposed to
disestablish all elements of the Armed Forces Institute
of Pathology, except the National Medical Museum and
the Tissue Repository, as part of the recommendations
of the Secretary for the closure of Walter Reed Army
Medical Center in the 2005 round of defense base
closure and realignment.
(2) The Defense Base Closure and Realignment
Commission altered, but did not reject, the proposal of
the Secretary of Defense to disestablish the Armed
Forces Institute of Pathology.
(3) The Commission's recommendation that the Armed
Forces Institute of Pathology's ``capabilities not
specified in this recommendation will be absorbed into
other DOD, Federal, or civilian facilities'' provides
the flexibility to retain a Joint Pathology Center as a
Department of Defense or Federal entity.
(b) Sense of Congress.--It is the sense of Congress that
the Armed Forces Institute of Pathology has provided important
medical benefits to the Armed Forces and to the United States
and that the Federal Government should retain a Joint Pathology
Center.
(c) Establishment.--
(1) Establishment required.--The President shall
establish and maintain a Joint Pathology Center that
shall function as the reference center in pathology for
the Federal Government.
(2) Establishment within dod.--Except as provided
in paragraph (3), the Joint Pathology Center shall be
established in the Department of Defense, consistent
with the final recommendations of the 2005 Defense Base
Closure and Realignment Commission, as approved by the
President.
(3) Establishment in another department.--If the
President makes a determination, within 180 days after
the date of the enactment of this Act, that the Joint
Pathology Center cannot be established in the
Department of Defense, the Joint Pathology Center shall
be established as an element of a Federal agency other
than the Department of Defense. The President shall
incorporate the selection of such agency into the
determination made under this paragraph.
(d) Services.--The Joint Pathology Center shall provide, at
a minimum, the following:
(1) Diagnostic pathology consultation services in
medicine, dentistry, and veterinary sciences.
(2) Pathology education, to include graduate
medical education, including residency and fellowship
programs, and continuing medical education.
(3) Diagnostic pathology research.
(4) Maintenance and continued modernization of the
Tissue Repository and, as appropriate, utilization of
the Repository in conducting the activities described
in paragraphs (1) through (3).
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Sec. 800. Short title.
Subtitle A--Acquisition Policy and Management
Sec. 801. Internal controls for procurements on behalf of the Department
of Defense by certain non-Defense agencies.
Sec. 802. Lead systems integrators.
Sec. 803. Reinvestment in domestic sources of strategic materials.
Sec. 804. Clarification of the protection of strategic materials
critical to national security.
Sec. 805. Procurement of commercial services.
Sec. 806. Specification of amounts requested for procurement of contract
services.
Sec. 807. Inventories and reviews of contracts for services.
Sec. 808. Independent management reviews of contracts for services.
Sec. 809. Implementation and enforcement of requirements applicable to
undefinitized contractual actions.
Sec. 810. Clarification of limited acquisition authority for Special
Operations Command.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Requirements applicable to multiyear contracts for the
procurement of major systems of the Department of Defense.
Sec. 812. Changes to Milestone B certifications.
Sec. 813. Comptroller General report on Department of Defense
organization and structure for major defense acquisition
programs.
Sec. 814. Clarification of submission of cost or pricing data on
noncommercial modifications of commercial items.
Sec. 815. Clarification of rules regarding the procurement of commercial
items.
Sec. 816. Review of systemic deficiencies on major defense acquisition
programs.
Sec. 817. Investment strategy for major defense acquisition programs.
Sec. 818. Report on implementation of recommendations on total ownership
cost for major weapon systems.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Plan for restricting Government-unique contract clauses on
commercial contracts.
Sec. 822. Extension of authority for use of simplified acquisition
procedures for certain commercial items.
Sec. 823. Five-year extension of authority to carry out certain
prototype projects.
Sec. 824. Exemption of Special Operations Command from certain
requirements for certain contracts relating to vessels,
aircraft, and combat vehicles.
Sec. 825. Provision of authority to maintain equipment to unified
combatant command for joint warfighting.
Sec. 826. Market research.
Sec. 827. Modification of competition requirements for purchases from
Federal Prison Industries.
Sec. 828. Multiyear contract authority for electricity from renewable
energy sources.
Sec. 829. Procurement of fire resistant rayon fiber for the production
of uniforms from foreign sources.
Sec. 830. Comptroller General review of noncompetitive awards of
congressional and executive branch interest items.
Subtitle D--Accountability in Contracting
Sec. 841. Commission on Wartime Contracting in Iraq and Afghanistan.
Sec. 842. Investigation of waste, fraud, and abuse in wartime contracts
and contracting processes in Iraq and Afghanistan.
Sec. 843. Enhanced competition requirements for task and delivery order
contracts.
Sec. 844. Public disclosure of justification and approval documents for
noncompetitive contracts.
Sec. 845. Disclosure of government contractor audit findings.
Sec. 846. Protection for contractor employees from reprisal for
disclosure of certain information.
Sec. 847. Requirements for senior Department of Defense officials
seeking employment with defense contractors.
Sec. 848. Report on contractor ethics programs of Major Defense
contractors.
Sec. 849. Contingency contracting training for personnel outside the
acquisition workforce and evaluations of Army Commission
recommendations.
Subtitle E--Acquisition Workforce Provisions
Sec. 851. Requirement for section on defense acquisition workforce in
strategic human capital plan.
Sec. 852. Department of Defense Acquisition Workforce Development Fund.
Sec. 853. Extension of authority to fill shortage category positions for
certain Federal acquisition positions.
Sec. 854. Repeal of sunset of acquisition workforce training fund.
Sec. 855. Federal acquisition workforce improvements.
Subtitle F--Contracts in Iraq and Afghanistan
Sec. 861. Memorandum of understanding on matters relating to
contracting.
Sec. 862. Contractors performing private security functions in areas of
combat operations.
Sec. 863. Comptroller General reviews and reports on contracting in Iraq
and Afghanistan.
Sec. 864. Definitions and other general provisions.
Subtitle G--Defense Materiel Readiness Board
Sec. 871. Establishment of Defense Materiel Readiness Board.
Sec. 872. Critical materiel readiness shortfalls.
Subtitle H--Other Matters
Sec. 881. Clearinghouse for rapid identification and dissemination of
commercial information technologies.
Sec. 882. Authority to license certain military designations and
likenesses of weapons systems to toy and hobby manufacturers.
Sec. 883. Modifications to limitation on contracts to acquire military
flight simulator.
Sec. 884. Requirements relating to waivers of certain domestic source
limitations relating to specialty metals.
Sec. 885. Telephone services for military personnel serving in combat
zones.
Sec. 886. Enhanced authority to acquire products and services produced
in Iraq and Afghanistan.
Sec. 887. Defense Science Board review of Department of Defense policies
and procedures for the acquisition of information technology.
Sec. 888. Green procurement policy.
Sec. 889. Comptroller General review of use of authority under the
Defense Production Act of 1950.
Sec. 890. Prevention of export control violations.
Sec. 891. Procurement goal for Native Hawaiian-serving institutions and
Alaska Native-serving institutions.
Sec. 892. Competition for procurement of small arms supplied to Iraq and
Afghanistan.
SEC. 800. SHORT TITLE.
This title may be cited as the ``Acquisition Improvement
and Accountability Act of 2007''.
Subtitle A--Acquisition Policy and Management
SEC. 801. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF THE
DEPARTMENT OF DEFENSE BY CERTAIN NON-DEFENSE
AGENCIES.
(a) Inspectors General Reviews and Determinations.--
(1) In general.--For each covered non-defense
agency, the Inspector General of the Department of
Defense and the Inspector General of such covered non-
defense agency shall, not later than the date specified
in paragraph (2), jointly--
(A) review--
(i) the procurement policies,
procedures, and internal controls of
such covered non-defense agency that
are applicable to the procurement of
property and services on behalf of the
Department by such covered non-defense
agency; and
(ii) the administration of such
policies, procedures, and internal
controls; and
(B) determine in writing whether such
covered non-defense agency is or is not
compliant with defense procurement
requirements.
(2) Deadline for reviews and determinations.--The
reviews and determinations required by paragraph (1)
shall take place as follows:
(A) In the case of the General Services
Administration, by not later than March 15,
2010.
(B) In the case of each of the Department
of the Treasury, the Department of the
Interior, and the National Aeronautics and
Space Administration, by not later than March
15, 2011.
(C) In the case of each of the Department
of Veterans Affairs and the National Institutes
of Health, by not later than March 15, 2012.
(3) Separate reviews and determinations.--The
Inspector General of the Department of Defense and the
Inspector General of a covered non-defense agency may
by joint agreement conduct separate reviews of the
procurement of property and services on behalf of the
Department of Defense that are conducted by separate
business units, or under separate government-wide
acquisition contracts, of the covered non-defense
agency. If such separate reviews are conducted, the
Inspectors General shall make a separate determination
under paragraph (1)(B) with respect to each such
separate review.
(4) Memoranda of understanding for reviews and
determinations.--Not later than one year before a
review and determination is required under this
subsection with respect to a covered non-defense
agency, the Inspector General of the Department of
Defense and the Inspector General of the covered non-
defense agency shall enter into a memorandum of
understanding with each other to carry out such review
and determination.
(5) Termination of non-compliance determination.--
If the Inspector General of the Department of Defense
and the Inspector General of a covered non-defense
agency determine, pursuant to paragraph (1)(B), that a
covered non-defense agency is not compliant with
defense procurement requirements, the Inspectors
General shall terminate such a determination effective
on the date on which the Inspectors General jointly--
(A) determine that the non-defense agency
is compliant with defense procurement
requirements; and
(B) notify the Secretary of Defense of that
determination.
(6) Resolution of disagreements.--If the Inspector
General of the Department of Defense and the Inspector
General of a covered non-defense agency are unable to
agree on a joint determination under this subsection, a
determination by the Inspector General of the
Department of Defense under this subsection shall be
conclusive for the purposes of this section.
(b) Limitation on Procurements on Behalf of Department of
Defense.--
(1) Except as provided in paragraph (2), an
acquisition official of the Department of Defense may
place an order, make a purchase, or otherwise procure
property or services for the Department of Defense in
excess of the simplified acquisition threshold through
a non-defense agency only if--
(A) in the case of a procurement by any
non-defense agency in any fiscal year, the head
of the non-defense agency has certified that
the non-defense agency will comply with defense
procurement requirements for the fiscal year;
(B) in the case of--
(i) a procurement by a covered non-
defense agency in a fiscal year for
which a memorandum of understanding is
required by subsection (a)(4), the
Inspector General of the Department of
Defense and the Inspector General of
the covered non-defense agency have
entered into such a memorandum of
understanding; or
(ii) a procurement by a covered
non-defense agency in a fiscal year
following the Inspectors General review
and determination required by
subsection (a), the Inspectors General
have determined that a covered non-
defense agency is compliant with
defense procurement requirements or
have terminated a prior determination
of non-compliance in accordance with
subsection (a)(5); and
(C) the procurement is not otherwise
prohibited by section 817 of the John Warner
National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364) or section 811
of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163).
(2) Exception for procurements of necessary
property and services.--
(A) In general.--The limitation in
paragraph (1) shall not apply to the
procurement of property and services on behalf
of the Department of Defense by a non-defense
agency during any fiscal year for which there
is in effect a written determination of the
Under Secretary of Defense for Acquisition,
Technology, and Logistics that it is necessary
in the interest of the Department of Defense to
procure property and services through the non-
defense agency during such fiscal year.
(B) Scope of particular exception.--A
written determination with respect to a non-
defense agency under subparagraph (A) shall
apply to any category of procurements through
the non-defense agency that is specified in the
determination.
(c) Guidance on Interagency Contracting.--
(1) Requirement.--Not later than 180 days after the
date of enactment of this Act, the Secretary of Defense
shall issue guidance on the use of interagency
contracting by the Department of Defense.
(2) Matters covered.--The guidance required by
paragraph (1) shall address the circumstances in which
it is appropriate for Department of Defense acquisition
officials to procure goods or services through a
contract entered into by an agency outside the
Department of Defense. At a minimum, the guidance shall
address--
(A) the circumstances in which it is
appropriate for such acquisition officials to
use direct acquisitions;
(B) the circumstances in which it is
appropriate for such acquisition officials to
use assisted acquisitions;
(C) the circumstances in which it is
appropriate for such acquisition officials to
use interagency contracting to acquire items
unique to the Department of Defense and the
procedures for approving such interagency
contracting;
(D) the circumstances in which it is
appropriate for such acquisition officials to
use interagency contracting to acquire items
that are already being provided under a
contract awarded by the Department of Defense;
(E) tools that should be used by such
acquisition officials to determine whether
items are already being provided under a
contract awarded by the Department of Defense;
and
(F) procedures for ensuring that defense
procurement requirements are identified and
communicated to outside agencies involved in
interagency contracting.
(d) Compliance With Defense Procurement 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.
(e) Treatment of Procurements for Fiscal Year Purposes.--
For the purposes of this section, a procurement shall be
treated as being made during a particular fiscal year to the
extent that funds are obligated by the Department of Defense
for the procurement in that fiscal year.
(f) Definitions.--In this section:
(1) Non-defense agency.--The term ``non-defense
agency'' means any department or agency of the Federal
Government other than the Department of Defense. Such
term includes a covered non-defense agency.
(2) Covered non-defense agency.--The term ``covered
non-defense agency'' means each of the following:
(A) The General Services Administration.
(B) The Department of the Treasury.
(C) The Department of the Interior.
(D) The National Aeronautics and Space
Administration.
(E) The Department of Veterans Affairs.
(F) The National Institutes of Health.
(3) Government-wide acquisition contract.--The term
``government-wide acquisition contract'' means a task
or delivery order contract that--
(A) is entered into by a non-defense
agency; and
(B) may be used as the contract under which
property or services are procured for one or
more other departments or agencies of the
Federal Government.
(4) Simplified acquisition threshold.--The term
``simplified acquisition threshold'' has the meaning
provided by section 2302(7) of title 10, United States
Code.
(5) Interagency contracting.--The term
``interagency contracting'' means the exercise of the
authority under section 1535 of title 31, United States
Code, or other statutory authority, for Federal
agencies to purchase goods and services under contracts
entered into or administered by other agencies.
(6) Acquisition official.--The term ``acquisition
official'', with respect to the Department of Defense,
means--
(A) a contracting officer of the Department
of Defense; or
(B) any other Department of Defense
official authorized to approve a direct
acquisition or an assisted acquisition on
behalf of the Department of Defense.
(7) Direct acquisition.--The term ``direct
acquisition'', with respect to the Department of
Defense, means the type of interagency contracting
through which the Department of Defense orders an item
or service from a government-wide acquisition contract
maintained by a non-defense agency.
(8) Assisted acquisition.--The term ``assisted
acquisition'', with respect to the Department of
Defense, means the type of interagency contracting
through which acquisition officials of a non-defense
agency award a contract or task or delivery order for
the procurement of goods or services on behalf of the
Department of Defense.
SEC. 802. LEAD SYSTEMS INTEGRATORS.
(a) Prohibitions on the Use of Lead Systems Integrators.--
(1) Prohibition on new lead systems integrators.--
Effective October 1, 2010, the Department of Defense
may not award a new contract for lead systems
integrator functions in the acquisition of a major
system to any entity that was not performing lead
systems integrator functions in the acquisition of the
major system prior to the date of the enactment of this
Act.
(2) Prohibition on lead systems integrators beyond
low-rate initial production.--Effective on the date of
the enactment of this Act, the Department of Defense
may award a new contract for lead systems integrator
functions in the acquisition of a major system only
if--
(A) the major system has not yet proceeded
beyond low-rate initial production; or
(B) the Secretary of Defense determines in
writing that it would not be practicable to
carry out the acquisition without continuing to
use a contractor to perform lead systems
integrator functions and that doing so is in
the best interest of the Department.
(3) Requirements relating to determinations.--A
determination under paragraph (2)(B)--
(A) shall specify the reasons why it would
not be practicable to carry out the acquisition
without continuing to use a contractor to
perform lead systems integrator functions
(including a discussion of alternatives, such
as the use of the Department of Defense
workforce, or a system engineering and
technical assistance contractor);
(B) shall include a plan for phasing out
the use of contracted lead systems integrator
functions over the shortest period of time
consistent with the interest of the national
defense;
(C) may not be delegated below the level of
the Under Secretary of Defense for Acquisition,
Technology, and Logistics; and
(D) shall be provided to the Committees on
Armed Services of the Senate and the House of
Representatives at least 45 days before the
award of a contract pursuant to the
determination.
(b) Acquisition Workforce.--
(1) Requirement.--The Secretary of Defense shall
ensure that the acquisition workforce is of the
appropriate size and skill level necessary--
(A) to accomplish inherently governmental
functions related to acquisition of major
systems; and
(B) to effectuate the purpose of subsection
(a) to minimize and eventually eliminate the
use of contractors to perform lead systems
integrator functions.
(2) Report.--The Secretary shall include an update
on the progress made in complying with paragraph (1) in
the annual report required by section 820 of the John
Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2330).
(c) Exception for Contracts for Other Management
Services.--The Department of Defense may continue to award
contracts for the procurement of services the primary purpose
of which is to perform acquisition support functions with
respect to the development or production of a major system, if
the following conditions are met with respect to each such
contract:
(1) The contract prohibits the contractor from
performing inherently governmental functions.
(2) The Department of Defense organization
responsible for the development or production of the
major system ensures that Federal employees are
responsible for--
(A) determining courses of action to be
taken in the best interest of the government;
and
(B) determining best technical performance
for the warfighter.
(3) The contract requires that the prime contractor
for the contract may not advise or recommend the award
of a contract or subcontract for the development or
production of the major system to an entity owned in
whole or in part by the prime contractor.
(d) Definitions.--In this section:
(1) Lead systems integrator.--The term ``lead
systems integrator'' means--
(A) a prime contractor for the development
or production of a major system, if the prime
contractor is not expected at the time of award
to perform a substantial portion of the work on
the system and the major subsystems; or
(B) a prime contractor under a contract for
the procurement of services the primary purpose
of which is to perform acquisition functions
closely associated with inherently governmental
functions with respect to the development or
production of a major system.
(2) Major system.--The term ``major system'' has
the meaning given such term in section 2302d of title
10, United States Code.
(3) Low-rate initial production.--The term ``low-
rate initial production'' has the meaning given such
term in section 2400 of title 10, United States Code.
SEC. 803. REINVESTMENT IN DOMESTIC SOURCES OF STRATEGIC MATERIALS.
(a) Assessment Required.--Not later than 180 days after the
date of the enactment of this Act, the Strategic Materials
Protection Board established pursuant to section 187 of title
10, United States Code, shall perform an assessment of the
extent to which domestic producers of strategic materials are
investing and planning to invest on a sustained basis in the
processes, infrastructure, workforce training, and facilities
required for the continued domestic production of such
materials to meet national defense requirements.
(b) Cooperation of Domestic Producers.--The Department of
Defense may take into consideration the degree of cooperation
of any domestic producer of strategic materials with the
assessment conducted under subsection (a) when determining how
much weight to accord any comments provided by such domestic
producer regarding a proposed waiver of domestic source
limitations pursuant to section 2533b of title 10, United
States Code.
(c) Report to Congressional Defense Committees.--The Board
shall include the findings and recommendations of the
assessment required by subsection (a) in the first report
submitted to Congress pursuant to section 187(d) of title 10,
United States Code, after the completion of such assessment.
(d) Definition.--The term ``strategic material'' means--
(1) a material designated as critical to national
security by the Strategic Materials Protection Board in
accordance with section 187 of title 10, United States
Code; or
(2) a specialty metal as defined by section 2533b
of title 10, United States Code.
SEC. 804. CLARIFICATION OF THE PROTECTION OF STRATEGIC MATERIALS
CRITICAL TO NATIONAL SECURITY.
(a) Prohibition.--Subsection (a) of section 2533b of title
10, United States Code, is amended--
(1) by striking ``Except as provided in subsections
(b) through (j), funds appropriated or otherwise
available to the Department of Defense may not be used
for the procurement of--'' and inserting ``Except as
provided in subsections (b) through (m), the
acquisition by the Department of Defense of the
following items is prohibited:'';
(2) in paragraph (1)--
(A) by striking ``the following'' and
inserting ``The following''; and
(B) by striking ``; or'' and inserting a
period; and
(3) in paragraph (2), by striking ``a speciality''
and inserting ``A specialty''.
(b) Applicability to Acquisition of Commercial Items.--
Subsection (h) of such section is amended to read as follows:
``(h) Applicability to Acquisitions of Commercial Items.--
(1) Except as provided in paragraphs (2) and (3), this section
applies to acquisitions of commercial items, notwithstanding
sections 34 and 35 of the Office of Federal Procurement Policy
Act (41 U.S.C. 430 and 431).
``(2) This section does not apply to contracts or
subcontracts for the acquisition of commercially available off-
the-shelf items, as defined in section 35(c) of the Office of
Federal Procurement Policy Act (41 U.S.C. 431(c)), other than--
``(A) contracts or subcontracts for the acquisition
of specialty metals, including mill products, such as
bar, billet, slab, wire, plate and sheet, that have not
been incorporated into end items, subsystems,
assemblies, or components;
``(B) contracts or subcontracts for the acquisition
of forgings or castings of specialty metals, unless
such forgings or castings are incorporated into
commercially available off-the-shelf end items,
subsystems, or assemblies;
``(C) contracts or subcontracts for commercially
available high performance magnets unless such high
performance magnets are incorporated into commercially
available off the shelf end items or subsystems; and
``(D) contracts or subcontracts for commercially
available off-the-shelf fasteners, unless such
fasteners are--
``(i) incorporated into commercially
available off-the-shelf end items, subsystems,
assemblies, or components; or
``(ii) purchased as provided in paragraph
(3).
``(3) This section does not apply to fasteners that are
commercial items that are purchased under a contract or
subcontract with a manufacturer of such fasteners, if the
manufacturer has certified that it will purchase, during the
relevant calendar year, an amount of domestically melted
specialty metal, in the required form, for use in the
production of such fasteners for sale to the Department of
Defense and other customers, that is not less than 50 percent
of the total amount of the specialty metal that it will
purchase to carry out the production of such fasteners.''.
(c) Electronic Components.--Subsection (g) of such section
is amended by striking ``commercially available'' and all that
follows through the end of the subsection and inserting
``electronic components, unless the Secretary of Defense, upon
the recommendation of the Strategic Materials Protection Board
pursuant to section 187 of this title, determines that the
domestic availability of a particular electronic component is
critical to national security.''.
(d) Additional Exceptions.--Section 2533b of title 10,
United States Code, as amended by subsections (a), (b), and
(c), is further amended--
(1) by redesignating subsections (i) and (j) as
subsections (l) and (m), respectively; and
(2) by inserting after subsection (h) the following
new subsections:
``(i) Exceptions for Purchases of Specialty Metals Below
Minimum Threshold.--(1) Notwithstanding subsection (a), the
Secretary of Defense or the Secretary of a military department
may accept delivery of an item containing specialty metals that
were not melted in the United States if the total amount of
noncompliant specialty metals in the item does not exceed 2
percent of the total weight of specialty metals in the item.
``(2) This subsection does not apply to high performance
magnets.
``(j) Streamlined Compliance for Commercial Derivative
Military Articles.--(1) Subsection (a) shall not apply to an
item acquired under a prime contract if the Secretary of
Defense or the Secretary of a military department determines
that--
``(A) the item is a commercial derivative military
article; and
``(B) the contractor certifies that the contractor
and its subcontractors have entered into a contractual
agreement, or agreements, to purchase an amount of
domestically melted specialty metal in the required
form, for use during the period of contract performance
in the production of the commercial derivative military
article and the related commercial article, that is not
less than the greater of--
``(i) an amount equivalent to 120 percent
of the amount of specialty metal that is
required to carry out the production of the
commercial derivative military article
(including the work performed under each
subcontract); or
``(ii) an amount equivalent to 50 percent
of the amount of specialty metal that is
purchased by the contractor and its
subcontractors for use during such period in
the production of the commercial derivative
military article and the related commercial
article.
``(2) For the purposes of this subsection, the amount of
specialty metal that is required to carry out the production of
the commercial derivative military article includes specialty
metal contained in any item, including commercially available
off-the-shelf items, incorporated into such commercial
derivative military article.
``(k) National Security Waiver.--(1) Notwithstanding
subsection (a), the Secretary of Defense may accept the
delivery of an end item containing noncompliant materials if
the Secretary determines in writing that acceptance of such end
item is necessary to the national security interests of the
United States.
``(2) A written determination under paragraph (1)--
``(A) may not be delegated below the level of the
Deputy Secretary of Defense or the Under Secretary of
Defense for Acquisition, Technology, and Logistics;
``(B) shall specify the quantity of end items to
which the waiver applies and the time period over which
the waiver applies; and
``(C) shall be provided to the congressional
defense committees prior to making such a determination
(except that in the case of an urgent national security
requirement, such certification may be provided to the
defense committees up to 7 days after it is made).
``(3)(A) In any case in which the Secretary makes a
determination under paragraph (1), the Secretary shall
determine whether or not the noncompliance was knowing and
willful.
``(B) If the Secretary determines that the noncompliance
was not knowing or willful, the Secretary shall ensure that the
contractor or subcontractor responsible for the noncompliance
develops and implements an effective plan to ensure future
compliance.
``(C) If the Secretary determines that the noncompliance
was knowing or willful, the Secretary shall--
``(i) require the development and implementation of
a plan to ensure future compliance; and
``(ii) consider suspending or debarring the
contractor or subcontractor until such time as the
contractor or subcontractor has effectively addressed
the issues that lead to such noncompliance.''.
(e) Additional Definitions.--Subsection (m) of section
2533b of title 10, United States Code, as redesignated by
subsection (c), is further amended by adding at the end the
following:
``(3) The term `acquisition' has the meaning
provided in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403).
``(4) The term `required form' shall not apply to
end items or to their components at any tier. The term
`required form' means in the form of mill product, such
as bar, billet, wire, slab, plate or sheet, and in the
grade appropriate for the production of--
``(A) a finished end item delivered to the
Department of Defense; or
``(B) a finished component assembled into
an end item delivered to the Department of
Defense.
``(5) The term `commercially available off-the-
shelf', has the meaning provided in section 35(c) of
the Office of Federal Procurement Policy Act (41 U.S.C.
431(c)).
``(6) The term `assemblies' means items forming a
portion of a system or subsystem that can be
provisioned and replaced as an entity and which
incorporates multiple, replaceable parts.
``(7) The term `commercial derivative military
article' means an item procured by the Department of
Defense that is or will be produced using the same
production facilities, a common supply chain, and the
same or similar production processes that are used for
the production of articles predominantly used by the
general public or by nongovernmental entities for
purposes other than governmental purposes.
``(8) The term `subsystem' means a functional
grouping of items that combine to perform a major
function within an end item, such as electrical power,
attitude control, and propulsion.
``(9) The term `end item' means the final
production product when assembled or completed, and
ready for issue, delivery, or deployment.
``(10) The term `subcontract' includes a
subcontract at any tier.''.
(f) Conforming Amendments.--Section 2533b of title 10,
United States Code, is further amended--
(1) in subsection (c)--
(A) in the heading, by striking
``Procurements'' and inserting
``Acquisitions''; and
(B) in paragraphs (1) and (2), by striking
``Procurements'' and inserting
``Acquisitions'';
(2) in subsection (d), by striking ``procurement''
each place it appears and inserting ``acquisition'';
and
(3) in subsections (f) and (g), by striking
``procurements'' each place it appears and inserting
``acquisitions''.
(g) Implementation.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall
prescribe regulations on the implementation of this section and
the amendments made by this section, including specific
guidance on how thresholds established in subsections (h)(3),
(i) and (j) of section 2533b of title 10, United States Code,
as amended by this section, should be implemented.
(h) Revision of Domestic Nonavailability Determinations and
Rules.--No later than 180 days after the date of the enactment
of this Act, any domestic nonavailability determination under
section 2533b of title 10, United States Code, including a
class deviation, or rules made by the Department of Defense
between December 6, 2006, and the date of the enactment of this
Act, shall be reviewed and amended, as necessary, to comply
with the amendments made by this section. This requirement
shall not apply to a domestic nonavailability determination
that applies to--
(1) an individual contract that was entered into
before the date of the enactment of this Act; or
(2) an individual Department of Defense program,
except to the extent that such domestic nonavailability
determination applies to contracts entered into after
the date of the enactment of this Act.
(i) Transparency Requirement for Commercially Available
Off-the-Shelf Item Exception.--The Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives, not later than December 30, 2008, a
report on the use of authority provided under subsection (h) of
section 2533b of title 10, United States Code, as amended by
this section. Such report shall include, at a minimum, a
description of types of items being procured as commercially
available off-the-shelf items under such subsection and
incorporated into noncommercial items. The Secretary shall
submit an update of such report to such committees not later
than December 30, 2009.
SEC. 805. PROCUREMENT OF COMMERCIAL SERVICES.
(a) Regulations Required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall modify the regulations of the Department of Defense for
the procurement of commercial services for or on behalf of the
Department of Defense.
(b) Applicability of Commercial Procedures.--
(1) Services of a type sold in marketplace.--The
regulations modified pursuant to subsection (a) shall
ensure that services that are not offered and sold
competitively in substantial quantities in the
commercial marketplace, but are of a type offered and
sold competitively in substantial quantities in the
commercial marketplace, may be treated as commercial
items for purposes of section 2306a of title 10, United
States Code (relating to truth in negotiations), only
if the contracting officer determines in writing that
the offeror has submitted sufficient information to
evaluate, through price analysis, the reasonableness of
the price for such services.
(2) Information submitted.--To the extent necessary
to make a determination under paragraph (1), the
contracting officer may request the offeror to submit--
(A) prices paid for the same or similar
commercial items under comparable terms and
conditions by both government and commercial
customers; and
(B) if the contracting officer determines
that the information described in subparagraph
(A) is not sufficient to determine the
reasonableness of price, other relevant
information regarding the basis for price or
cost, including information on labor costs,
material costs, and overhead rates.
(c) Time-and-Materials Contracts.--
(1) Commercial item acquisitions.--The regulations
modified pursuant to subsection (a) shall ensure that
procedures applicable to time-and-materials contracts
and labor-hour contracts for commercial item
acquisitions may be used only for the following:
(A) Services procured for support of a
commercial item, as described in section
4(12)(E) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(12)(E)).
(B) Emergency repair services.
(C) Any other commercial services only to
the extent that the head of the agency
concerned approves a determination in writing
by the contracting officer that--
(i) the services to be acquired are
commercial services as defined in
section 4(12)(F) of the Office of
Federal Procurement Policy Act (41
U.S.C. 403(12)(F));
(ii) if the services to be acquired
are subject to subsection (b), the
offeror of the services has submitted
sufficient information in accordance
with that subsection;
(iii) such services are commonly
sold to the general public through use
of time-and-materials or labor-hour
contracts; and
(iv) the use of a time-and-
materials or labor-hour contract type
is in the best interest of the
Government.
(2) Non-commercial item acquisitions.--Nothing in
this subsection shall be construed to preclude the use
of procedures applicable to time-and-materials
contracts and labor-hour contracts for non-commercial
item acquisitions for the acquisition of any category
of services.
SEC. 806. SPECIFICATION OF AMOUNTS REQUESTED FOR PROCUREMENT OF
CONTRACT SERVICES.
(a) Specification of Amounts Requested.--The budget
justification materials submitted to Congress in support of the
budget of the Department of Defense for any fiscal year after
fiscal year 2009 shall identify clearly and separately the
amounts requested in each budget account for the procurement of
contract services.
(b) Information Provided.--For each budget account, the
materials submitted shall clearly identify--
(1) the amount requested for each Department of
Defense component, installation, or activity; and
(2) the amount requested for each type of service
to be provided.
(c) Contract Services Defined.--In this section, the term
``contract services''--
(1) means services from contractors; but
(2) excludes services relating to research and
development and services relating to military
construction.
SEC. 807. INVENTORIES AND REVIEWS OF CONTRACTS FOR SERVICES.
(a) Inventory Requirement.--Section 2330a of title 10,
United States Code, is amended--
(1) by redesignating subsection (d) as subsection
(g);
(2) by striking subsection (c) and inserting the
following:
``(c) Inventory.--(1) Not later than the end of the third
quarter of each fiscal year, the Secretary of Defense shall
submit to Congress an annual inventory of the activities
performed during the preceding fiscal year pursuant to
contracts for services for or on behalf of the Department of
Defense. The entry for an activity on an inventory under this
subsection shall include, for the fiscal year covered by such
entry, the following:
``(A) The functions and missions performed by the
contractor.
``(B) The contracting organization, the component
of the Department of Defense administering the
contract, and the organization whose requirements are
being met through contractor performance of the
function.
``(C) The funding source for the contract under
which the function is performed by appropriation and
operating agency.
``(D) The fiscal year for which the activity first
appeared on an inventory under this section.
``(E) The number of full-time contractor employees
(or its equivalent) paid for the performance of the
activity.
``(F) A determination whether the contract pursuant
to which the activity is performed is a personal
services contract.
``(G) A summary of the data required to be
collected for the activity under subsection (a).
``(2) The inventory required under this subsection shall be
submitted in unclassified form, but may include a classified
annex.
``(d) Public Availability of Inventories.--Not later than
30 days after the date on which an inventory under subsection
(c) is required to be submitted to Congress, the Secretary
shall--
``(1) make the inventory available to the public;
and
``(2) publish in the Federal Register a notice that
the inventory is available to the public.
``(e) Review and Planning Requirements.--Within 90 days
after the date on which an inventory is submitted under
subsection (c), the Secretary of the military department or
head of the Defense Agency responsible for activities in the
inventory shall--
``(1) review the contracts and activities in the
inventory for which such Secretary or agency head is
responsible;
``(2) ensure that--
``(A) each contract on the list that is a
personal services contract has been entered
into, and is being performed, in accordance
with applicable statutory and regulatory
requirements;
``(B) the activities on the list do not
include any inherently governmental functions;
and
``(C) to the maximum extent practicable,
the activities on the list do not include any
functions closely associated with inherently
governmental functions;
``(3) identify activities that should be considered
for conversion--
``(A) to performance by civilian employees
of the Department of Defense pursuant to
section 2463 of this title; or
``(B) to an acquisition approach that would
be more advantageous to the Department of
Defense; and
``(4) develop a plan to provide for appropriate
consideration of the conversion of activities
identified under paragraph (3) within a reasonable
period of time.
``(f) Rule of Construction.--Nothing in this section shall
be construed to authorize the performance of personal services
by a contractor except where expressly authorized by a
provision of law other than this section.''; and
(3) by adding at the end of subsection (g) (as so
redesignated) the following new paragraphs:
``(3) Function closely associated with inherently
governmental functions.--The term `function closely
associated with inherently governmental functions' has
the meaning given that term in section 2383(b)(3) of
this title.
``(4) Inherently governmental functions.--The term
`inherently governmental functions' has the meaning
given that term in section 2383(b)(2) of this title.
``(5) Personal services contract.--The term
`personal services contract' means a contract under
which, as a result of its terms or conditions or the
manner of its administration during performance,
contractor personnel are subject to the relatively
continuous supervision and control of one or more
Government officers or employees, except that the
giving of 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.''.
(b) Effective Date.--
(1) The amendments made by subsection (a) shall be
effective upon the date of the enactment of this Act.
(2) The first inventory required by section
2330a(c) of title 10, United States Code, as added by
subsection (a), shall be submitted not later than the
end of the third quarter of fiscal year 2008.
SEC. 808. INDEPENDENT MANAGEMENT REVIEWS OF CONTRACTS FOR SERVICES.
(a) Guidance and Instructions.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall issue guidance, with detailed implementation
instructions, for the Department of Defense to provide for
periodic independent management reviews of contracts for
services. The independent management review guidance and
instructions issued pursuant to this subsection shall be
designed to evaluate, at a minimum--
(1) contract performance in terms of cost,
schedule, and requirements;
(2) the use of contracting mechanisms, including
the use of competition, the contract structure and
type, the definition of contract requirements, cost or
pricing methods, the award and negotiation of task
orders, and management and oversight mechanisms;
(3) the contractor's use, management, and oversight
of subcontractors;
(4) the staffing of contract management and
oversight functions; and
(5) the extent of any pass-throughs, and excessive
pass-through charges (as defined in section 852 of the
John Warner National Defense Authorization Act for
Fiscal Year 2007), by the contractor.
(b) Additional Subject of Review.--In addition to the
matters required by subsection (a), the guidance and
instructions issued pursuant to subsection (a) shall provide
for procedures for the periodic review of contracts under which
one contractor provides oversight for services performed by
other contractors. In particular, the procedures shall be
designed to evaluate, at a minimum--
(1) the extent of the agency's reliance on the
contractor to perform acquisition functions closely
associated with inherently governmental functions as
defined in section 2383(b)(3) of title 10, United
States Code; and
(2) the financial interest of any prime contractor
performing acquisition functions described in paragraph
(1) in any contract or subcontract with regard to which
the contractor provided advice or recommendations to
the agency.
(c) Elements.--The guidance and instructions issued
pursuant to subsection (a) shall address, at a minimum--
(1) the contracts subject to independent management
reviews, including any applicable thresholds and
exceptions;
(2) the frequency with which independent management
reviews shall be conducted;
(3) the composition of teams designated to perform
independent management reviews;
(4) any phase-in requirements needed to ensure that
qualified staff are available to perform independent
management reviews;
(5) procedures for tracking the implementation of
recommendations made by independent management review
teams; and
(6) procedures for developing and disseminating
lessons learned from independent management reviews.
(c) Reports.--
(1) Report on guidance and instruction.--Not later
than 270 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the
congressional defense committees a report setting forth
the guidance and instructions issued pursuant to
subsection (a).
(2) GAO report on implementation.--Not later than
two years after the date of the enactment of this Act,
the Comptroller General of the United States shall
submit to the congressional defense committees a report
on the implementation of the guidance and instructions
issued pursuant to subsection (a).
SEC. 809. IMPLEMENTATION AND ENFORCEMENT OF REQUIREMENTS APPLICABLE TO
UNDEFINITIZED CONTRACTUAL ACTIONS.
(a) Guidance and Instructions.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall issue guidance, with detailed implementation
instructions, for the Department of Defense to ensure the
implementation and enforcement of requirements applicable to
undefinitized contractual actions.
(b) Elements.--The guidance and instructions issued
pursuant to subsection (a) shall address, at a minimum--
(1) the circumstances in which it is, and is not,
appropriate for Department of Defense officials to use
undefinitized contractual actions;
(2) approval requirements (including thresholds)
for the use of undefinitized contractual actions;
(3) procedures for ensuring that timelines for the
definitization of undefinitized contractual actions are
met;
(4) procedures for ensuring compliance with
regulatory limitations on the obligation of funds
pursuant to undefinitized contractual actions;
(5) procedures for ensuring compliance with
regulatory limitations on profit or fee with respect to
costs incurred before the definitization of an
undefinitized contractual action; and
(6) reporting requirements for undefinitized
contractual actions that fail to meet required
timelines for definitization or fail to comply with
regulatory limitations on the obligation of funds or on
profit or fee.
(c) Reports.--
(1) Report on guidance and instructions.--Not later
than 210 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the
congressional defense committees a report setting forth
the guidance and instructions issued pursuant to
subsection (a).
(2) GAO report.--Not later than two years after the
date of the enactment of this Act, the Comptroller
General of the United States shall submit to the
congressional defense committees a report on the extent
to which the guidance and instructions issued pursuant
to subsection (a) have resulted in improvements to--
(A) the level of insight that senior
Department of Defense officials have into the
use of undefinitized contractual actions;
(B) the appropriate use of undefinitized
contractual actions;
(C) the timely definitization of
undefinitized contractual actions; and
(D) the negotiation of appropriate profits
and fees for undefinitized contractual actions.
SEC. 810. CLARIFICATION OF LIMITED ACQUISITION AUTHORITY FOR SPECIAL
OPERATIONS COMMAND.
Section 167(e)(4) of title 10, United States Code, is
amended--
(1) by redesignating subparagraph (C) as
subparagraph (D); and
(2) by inserting after subparagraph (B) the
following new subparagraph:
``(C)(i) The staff of the commander shall include a command
acquisition executive, who shall be responsible for the overall
supervision of acquisition matters for the special operations
command. The command acquisition executive shall have the
authority to--
``(I) negotiate memoranda of agreement with the
military departments to carry out the acquisition of
equipment, material, supplies, and services described
in subparagraph (A) on behalf of the command;
``(II) supervise the acquisition of equipment,
material, supplies, and services described in
subparagraph (A), regardless of whether such
acquisition is carried out by the command, or by a
military department pursuant to a delegation of
authority by the command;
``(III) represent the command in discussions with
the military departments regarding acquisition programs
for which the command is a customer; and
``(IV) work with the military departments to ensure
that the command is appropriately represented in any
joint working group or integrated product team
regarding acquisition programs for which the command is
a customer.
``(ii) The command acquisition executive of the special
operations command shall be included on the distribution list
for acquisition directives and instructions of the Department
of Defense.''.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
SEC. 811. REQUIREMENTS APPLICABLE TO MULTIYEAR CONTRACTS FOR THE
PROCUREMENT OF MAJOR SYSTEMS OF THE DEPARTMENT OF
DEFENSE.
(a) Additional Requirements Applicable to Multiyear
Contracts.--Section 2306b of title 10, United States Code, is
amended as follows:
(1) Subsection (a) of such section is amended by
adding at the end the following new paragraph:
``(7) In the case of a contract in an amount equal
to or greater than $500,000,000, that the conditions
required by subparagraphs (C) through (F) of paragraph
(1) of subsection (i) will be met, in accordance with
the Secretary's certification and determination under
such subsection, by such contract.''.
(2) Subsection (i)(1) of such section is amended by
inserting after ``unless'' the following: ``the
Secretary of Defense certifies in writing by no later
than March 1 of the year in which the Secretary
requests legislative authority to enter into such
contract that''.
(3) Subsection (i)(1) of such section is further
amended--
(A) by redesignating subparagraph (B) as
subparagraph (G); and
(B) by striking subparagraph (A) and
inserting the following:
``(A) The Secretary has determined that each of the
requirements in paragraphs (1) through (6) of
subsection (a) will be met by such contract and has
provided the basis for such determination to the
congressional defense committees.
``(B) The Secretary's determination under
subparagraph (A) was made after the completion of a
cost analysis performed by the Cost Analysis
Improvement Group of the Department of Defense and such
analysis supports the findings.
``(C) The system being acquired pursuant to such
contract has not been determined to have experienced
cost growth in excess of the critical cost growth
threshold pursuant to section 2433(d) of this title
within 5 years prior to the date the Secretary
anticipates such contract (or a contract for advance
procurement entered into consistent with the
authorization for such contract) will be awarded.
``(D) A sufficient number of end items of the
system being acquired under such contract have been
delivered at or within the most current estimates of
the program acquisition unit cost or procurement unit
cost for such system to determine that current
estimates of such unit costs are realistic.
``(E) During the fiscal year in which such contract
is to be awarded, sufficient funds will be available to
perform the contract in such fiscal year, and the
future-years defense program for such fiscal year will
include the funding required to execute the program
without cancellation.
``(F) The contract is a fixed price type
contract.''.
(4) Subsection (i) of such section is further
amended by adding at the end the following new
paragraphs:
``(5) The Secretary may make the certification under
paragraph (1) notwithstanding the fact that one or more of the
conditions of such certification are not met if the Secretary
determines that, due to exceptional circumstances, proceeding
with a multiyear contract under this section is in the best
interest of the Department of Defense and the Secretary
provides the basis for such determination with the
certification.
``(6) The Secretary of Defense may not delegate the
authority to make the certification under paragraph (1) or the
determination under paragraph (5) to an official below the
level of Under Secretary of Defense for Acquisition,
Technology, and Logistics.
``(7) The Secretary of Defense shall send a notification
containing the findings of the agency head under subsection
(a), and the basis for such findings, 30 days prior to the
award of a multiyear contract for a defense acquisition program
that has been specifically authorized by law.''.
(5) Such section is further amended by adding at
the end the following new subsection:
``(m) Increased Funding and Reprogramming Requests.--Any
request for increased funding for the procurement of a major
system under a multiyear contract authorized under this section
shall be accompanied by an explanation of how the request for
increased funding affects the determinations made by the
Secretary under subsection (i).''.
(b) Applicability.--The amendments made by this section
shall take effect on the date of the enactment of this Act and
shall apply with respect to multiyear contracts for the
purchase of major systems for which legislative authority is
requested on or after that date.
SEC. 812. CHANGES TO MILESTONE B CERTIFICATIONS.
Section 2366a of title 10, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Certification.--A major defense acquisition program
may not receive Milestone B approval, or Key Decision Point B
approval in the case of a space program, until the milestone
decision authority--
``(1) has received a business case analysis and
certifies on the basis of the analysis that--
``(A) the program is affordable when
considering the ability of the Department of
Defense to accomplish the program's mission
using alternative systems;
``(B) the program is affordable when
considering the per unit cost and the total
acquisition cost in the context of the total
resources available during the period covered
by the future-years defense program submitted
during the fiscal year in which the
certification is made;
``(C) reasonable cost and schedule
estimates have been developed to execute the
product development and production plan under
the program; and
``(D) funding is available to execute the
product development and production plan under
the program, through the period covered by the
future-years defense program submitted during
the fiscal year in which the certification is
made, consistent with the estimates described
in subparagraph (C) for the program; and
``(2) further certifies that--
``(A) appropriate market research has been
conducted prior to technology development to
reduce duplication of existing technology and
products;
``(B) the Department of Defense has
completed an analysis of alternatives with
respect to the program;
``(C) the Joint Requirements Oversight
Council has accomplished its duties with
respect to the program pursuant to section
181(b) of this title, including an analysis of
the operational requirements for the program;
``(D) the technology in the program has
been demonstrated in a relevant environment;
``(E) the program demonstrates a high
likelihood of accomplishing its intended
mission; and
``(F) the program complies with all
relevant policies, regulations, and directives
of the Department of Defense.'';
(2) by redesignating subsections (b), (c), (d), and
(e) as subsections (c), (d), (e), and (f),
respectively;
(3) by inserting after subsection (a) the following
new subsection (b):
``(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--
``(A) alter the substantive basis for the
certification of the milestone decision authority
relating to any component of such certification
specified in paragraph (1) or (2) of subsection (a); or
``(B) otherwise cause the program to deviate
significantly from the material provided to the
milestone decision authority in support of such
certification.
``(2) Upon receipt of information under paragraph (1), the
milestone decision authority may withdraw the certification
concerned or rescind Milestone B approval (or Key Decision
Point B approval in the case of a space program) if the
milestone decision authority determines that such certification
or approval is no longer valid.'';
(4) in subsection (c), as redesignated by paragraph
(1)--
(A) by inserting ``(1)'' before ``The
certification''; and
(B) by adding at the end the following new
paragraph (2):
``(2) A summary of any information provided to the
milestone decision authority pursuant to subsection (b) and a
description of the actions taken as a result of such
information shall be submitted with the first Selected
Acquisition Report submitted under section 2432 of this title
after receipt of such information by the milestone decision
authority.'';
(5) in subsection (d), as so redesignated--
(A) by striking ``authority may waive'' and
inserting the following: ``authority may, at
the time of Milestone B approval (or Key
Decision Point B approval in the case of a
space program) or at the time that such
milestone decision authority withdraws a
certification or rescinds Milestone B approval
(or Key Decision Point B approval in the case
of a space program) pursuant to subsection
(b)(2), waive''; and
(B) by striking ``paragraph (1), (2), (3),
(4), (5), (6), (7), (8), or (9)'' and inserting
``paragraph (1) or (2)''; and
(6) in subsection (e), as so redesignated, by
striking ``subsection (c)'' and inserting ``subsection
(d)''.
SEC. 813. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE
ORGANIZATION AND STRUCTURE FOR MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Report Required.--Not later than one year after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the congressional defense
committees a report on potential modifications of the
organization and structure of the Department of Defense for
major defense acquisition programs.
(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:
(1) Revising the acquisition process for major
defense acquisition programs by establishing shorter,
more frequent acquisition program milestones.
(2) Requiring certifications of program status to
the defense acquisition executive and Congress prior to
milestone approval for major defense acquisition
programs.
(3) Establishing a new office (to be known as the
``Office of Independent Assessment'') to provide
independent cost estimates and performance estimates
for major defense acquisition programs.
(4) Requiring the milestone decision authority for
a major defense acquisition program to specify, at the
time of Milestone B approval, or Key Decision Point B
approval, as applicable, the period of time that will
be required to deliver an initial operational
capability to the relevant combatant commanders.
(5) Establishing a materiel solutions process for
addressing identified gaps in critical warfighting
capabilities, under which process the Under Secretary
of Defense for Acquisition, Technology, and Logistics
circulates among the military departments and
appropriate Defense Agencies a request for proposals
for technologies and systems to address such gaps.
(6) Modifying the role played by chiefs of staff of
the Armed Forces in the requirements, resource
allocation, and acquisition processes.
(7) Establishing a process in which the commanders
of combatant commands assess, and provide input on, the
capabilities needed to successfully accomplish the
missions in the operational and contingency plans of
their commands over a long-term planning horizon of 15
years or more, taking into account expected changes in
threats, the geo-political environment, and doctrine,
training, and operational concepts.
(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:
(1) Senior acquisition officials currently serving
in the Department of Defense.
(2) Senior military officers involved in setting
requirements for the joint staff, the Armed Forces, and
the combatant commands currently serving in the
Department of Defense.
(3) Individuals who formerly served as senior
acquisition officials in the Department of Defense.
(4) Participants in previous reviews of the
organization and structure of the Department of Defense
for the acquisition of major weapon systems, including
the President's Blue Ribbon Commission on Defense
Management in 1986.
(5) Other experts on the acquisition of major
weapon systems.
(6) Appropriate experts in the Government
Accountability Office.
SEC. 814. CLARIFICATION OF SUBMISSION OF COST OR PRICING DATA ON
NONCOMMERCIAL MODIFICATIONS OF COMMERCIAL ITEMS.
(a) Measurement of Percentage at Contract Award.--Section
2306a(b)(3)(A) of title 10, United States Code, is amended by
inserting after ``total price of the contract'' the following:
``(at the time of contract award)''.
(b) Harmonization of Thresholds for Cost or Pricing Data.--
Section 2306a(b)(3)(A) of title 10, United States Code, is
amended by striking ``$500,000'' and inserting ``the amount
specified in subsection (a)(1)(A)(i), as adjusted from time to
time under subsection (a)(7),''.
SEC. 815. CLARIFICATION OF RULES REGARDING THE PROCUREMENT OF
COMMERCIAL ITEMS.
(a) Treatment of Subsystems, Components, and Spare Parts as
Commercial Items.--
(1) In general.--Section 2379 of title 10, United
States Code, is amended--
(A) in subsection (a)--
(i) by redesignating paragraph (2)
as paragraph (3);
(ii) in paragraph (1)(B), by
striking ``and'' at the end; and
(iii) by inserting after paragraph
(1), the following:
``(2) the offeror has submitted sufficient
information to evaluate, through price analysis, the
reasonableness of the price for such system; and'';
(B) by striking subsection (b) and
inserting the following new subsection (b):
``(b) Treatment of Subsystems as Commercial Items.--A
subsystem of a major weapon system (other than a commercially
available off-the-shelf item as defined in section 35(c) of the
Office of Federal Procurement Policy Act (41 U.S.C. 431(c)))
shall be treated as a commercial item and purchased under
procedures established for the procurement of commercial items
only if--
``(1) the subsystem is intended for a major weapon
system that is being purchased, or has been purchased,
under procedures established for the procurement of
commercial items in accordance with the requirements of
subsection (a); or
``(2) the contracting officer determines in writing
that--
``(A) the subsystem is a commercial item,
as defined in section 4(12) of the Office of
Federal Procurement Policy Act (41 U.S.C.
403(12)); and
``(B) the offeror has submitted sufficient
information to evaluate, through price
analysis, the reasonableness of the price for
such subsystem.'';
(C) by redesignating subsections (c) and
(d) as subsections (e) and (f), respectively;
and
(D) by inserting after subsection (b) the
following new subsections (c) and (d):
``(c) Treatment of Components and Spare Parts as Commercial
Items.--(1) A component or spare part for a major weapon system
(other than a commercially available off-the-shelf item as
defined in section 35(c) of the Office of Federal Procurement
Policy Act (41 U.S.C. 431(c))) may be treated as a commercial
item for the purposes of section 2306a of this title only if--
``(A) the component or spare part is intended for--
``(i) a major weapon system that is being
purchased, or has been purchased, under
procedures established for the procurement of
commercial items in accordance with the
requirements of subsection (a); or
``(ii) a subsystem of a major weapon system
that is being purchased, or has been purchased,
under procedures established for the
procurement of commercial items in accordance
with the requirements of subsection (b); or
``(B) the contracting officer determines in writing
that--
``(i) the component or spare part is a
commercial item, as defined in section 4(12) of
the Office of Federal Procurement Policy Act
(41 U.S.C. 403(12)); and
``(ii) the offeror has submitted sufficient
information to evaluate, through price
analysis, the reasonableness of the price for
such component or spare part.
``(2) This subsection shall apply only to components and
spare parts that are acquired by the Department of Defense
through a prime contract or a modification to a prime contract
(or through a subcontract under a prime contract or
modification to a prime contract on which the prime contractor
adds no, or negligible, value).
``(d) Information Submitted.--To the extent necessary to
make a determination under subsection (a)(2), (b)(2), or
(c)(1)(B), the contracting officer may request the offeror to
submit--
``(1) prices paid for the same or similar
commercial items under comparable terms and conditions
by both government and commercial customers; and
``(2) if the contracting officer determines that
the information described in paragraph (1) is not
sufficient to determine the reasonableness of price,
other relevant information regarding the basis for
price or cost, including information on labor costs,
material costs, and overhead rates.''.
(2) Conforming amendment to technical data
provision.--Section 2321(f)(2) of such title is amended
by striking ``(whether or not under a contract for
commercial items)'' and inserting ``(other than
technical data for a commercially available off-the-
shelf item as defined in section 35(c) of the Office of
Federal Procurement Policy Act (41 U.S.C. 431(c)))''.
(b) Sales of Commercial Items to Nongovernmental
Entities.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall modify
the regulations of the Department of Defense on the procurement
of commercial items in order to clarify that the terms
``general public'' and ``nongovernmental entities'' in such
regulations do not include the Federal Government or a State,
local, or foreign government.
SEC. 816. REVIEW OF SYSTEMIC DEFICIENCIES ON MAJOR DEFENSE ACQUISITION
PROGRAMS.
(a) Annual Review.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall conduct an annual
review of systemic deficiencies in the major defense
acquisition programs of the Department of Defense for each
fiscal year in which three or more major defense acquisition
programs--
(1) experience a critical cost growth threshold
breach;
(2) have a section 2366a certification withdrawn;
or
(3) have a Milestone A approval or Key Decision
Point A approval rescinded, by the milestone decision
authority under subsection (b) of section 2366b of
title 10, United States Code, as added by section 943
of this Act.
(b) Content of Review.--The review conducted under
subsection (a) shall--
(1) identify common factors, including any systemic
deficiencies in the budget, requirements, and
acquisition policies and practices, that may have
contributed to problems with major defense acquisition
programs covered by the criteria in subsection (a);
(2) assess the adequacy of corrective actions taken
or to be taken to address cost growth or other
performance deficiencies in programs covered by the
criteria in subsection (a); and
(3) make recommendations for any changes in budget,
requirements, and acquisition policies and practices
that may be appropriate to avoid similar problems with
major defense acquisition programs in the future.
(c) Definitions.--In this section:
(1) Critical cost growth threshold breach.--The
term ``critical cost growth threshold breach'' means a
determination under section 2433(d) of title 10, United
States Code, by the Secretary of a military department
with respect to a major defense acquisition program
that the program acquisition unit cost has increased by
a percentage equal to or greater than the critical cost
growth threshold or that the procurement unit cost has
increased by a percentage equal to or greater than the
critical cost growth threshold.
(2) Section 2366a certification.--The term
``section 2366a certification'' means a certification
with respect to a major defense acquisition program
under section 2366a(a) of title 10, United States Code,
by the milestone decision authority.
(d) Report.--Not later than July 15, 2008, and not later
than August 15 of each year from 2009 through 2012, the
Secretary of Defense shall submit to the congressional defense
committees a report on the results of the annual review
conducted (if any) for the preceding fiscal year under
subsection (a).
(e) Sunset.--The requirement to conduct an annual review
under subsection (a) shall terminate on September 30, 2012.
SEC. 817. INVESTMENT STRATEGY FOR MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) Report Required.--Not later than May 1, 2008, the
Secretary of Defense shall submit to the congressional defense
committees a report on the strategies of the Department of
Defense for balancing the allocation of funds and other
resources among major defense acquisition programs.
(b) Elements.--The report required by subsection (a) shall
address, at a minimum, the ability of the organizations,
policies, and procedures of the Department of Defense to
provide for--
(1) establishing priorities among needed
capabilities under major defense acquisition programs,
and assessing the resources (including funds,
technologies, time, and personnel) needed to achieve
such capabilities;
(2) balancing the cost, schedule, and requirements
of major defense acquisition programs, including those
within the same functional or mission area, to ensure
the most efficient use of resources; and
(3) ensuring that the budget, requirements, and
acquisition processes of the Department of Defense work
in a complementary manner to achieve desired results.
(c) Role of Tri-Chair Committee in Resource Allocation.--
(1) In general.--The report required by subsection
(a) shall also address the role of the committee
described in paragraph (2) in the resource allocation
process for major defense acquisition programs.
(2) Committee.--The committee described in this
paragraph is a committee (to be known as the ``Tri-
Chair Committee'') composed of the following:
(A) The Under Secretary of Defense for
Acquisition, Technology, and Logistics, who is
one of the chairs of the committee.
(B) The Vice Chairman of the Joint Chiefs
of Staff, who is one of the chairs of the
committee.
(C) The Director of Program Analysis and
Evaluation, who is one of the chairs of the
committee.
(D) Any other appropriate officials of the
Department of Defense, as jointly agreed upon
by the Under Secretary and the Vice Chairman.
(d) Changes in Law.--The report required by subsection (a)
shall, to the maximum extent practicable, include a discussion
of any changes in the budget, acquisition, and requirements
processes of the Department of Defense undertaken as a result
of changes in law pursuant to any section in this Act.
(e) Recommendations.--The report required by subsection (a)
shall include any recommendations, including recommendations
for legislative action, that the Secretary considers
appropriate to improve the organizations, policies, and
procedures described in the report.
SEC. 818. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS ON TOTAL
OWNERSHIP COST FOR MAJOR WEAPON SYSTEMS.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on the extent of the implementation of the recommendations set
forth in the February 2003 report of the Government
Accountability Office entitled ``Setting Requirements
Differently Could Reduce Weapon Systems' Total Ownership
Costs''.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) For each recommendation described in subsection
(a) that has been implemented, or that the Secretary
plans to implement--
(A) a summary of all actions that have been
taken to implement such recommendation; and
(B) a schedule, with specific milestones,
for completing the implementation of such
recommendation.
(2) For each recommendation that the Secretary has
not implemented and does not plan to implement--
(A) the reasons for the decision not to
implement such recommendation; and
(B) a summary of any alternative actions
the Secretary plans to take to address the
purposes underlying such recommendation.
(3) A summary of any additional actions the
Secretary has taken or plans to take to ensure that
total ownership cost is appropriately considered in the
requirements process for major weapon systems.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 821. PLAN FOR RESTRICTING GOVERNMENT-UNIQUE CONTRACT CLAUSES ON
COMMERCIAL CONTRACTS.
(a) Plan.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall develop and implement a plan to
minimize the number of government-unique contract clauses used
in commercial contracts by restricting the clauses to the
following:
(1) Government-unique clauses authorized by law or
regulation.
(2) Any additional clauses that are relevant and
necessary to a specific contract.
(b) Commercial Contract.--In this section:
(1) The term ``commercial contract'' means a
contract awarded by the Federal Government for the
procurement of a commercial item.
(2) The term ``commercial item'' has the meaning
provided by section 4(12) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(12)).
SEC. 822. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED ACQUISITION
PROCEDURES FOR CERTAIN COMMERCIAL ITEMS.
(a) Extension.--Section 4202(e) of the Clinger-Cohen Act of
1996 (division D of Public Law 104-106; 110 Stat. 652; 10
U.S.C. 2304 note) is amended by striking ``January 1, 2008''
and inserting ``January 1, 2010''.
(b) Report.--Not later than March 1, 2008, the Under
Secretary of Defense for Acquisition, Technology, and Logistics
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the use by the
Department of Defense of the authority provided by section
4202(e) of the Clinger-Cohen Act of 1996 (10 U.S.C. 2304 note).
The report shall include, at a minimum, the following:
(1) Summary data on the use of the authority.
(2) Specific examples of the use of the authority.
(3) An evaluation of potential benefits and costs
of extending the authority after January 1, 2010.
SEC. 823. FIVE-YEAR EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN
PROTOTYPE PROJECTS.
Section 845(i) of the National Defense Authorization Act
for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended by
striking ``September 30, 2008'' and inserting ``September 30,
2013''.
SEC. 824. EXEMPTION OF SPECIAL OPERATIONS COMMAND FROM CERTAIN
REQUIREMENTS FOR CERTAIN CONTRACTS RELATING TO
VESSELS, AIRCRAFT, AND COMBAT VEHICLES.
Section 2401(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(5) In the case of a contract described in subsection
(a)(1)(B), the commander of the special operations command may
make a contract without regard to this subsection if--
``(A) funds are available and obligated for the
full cost of the contract (including termination costs)
on or before the date the contract is awarded;
``(B) the Secretary of Defense submits to the
congressional defense committees a certification that
there is no alternative for meeting urgent operational
requirements other than making the contract; and
``(C) a period of 30 days of continuous session of
Congress has expired following the date on which the
certification was received by such committees.''.
SEC. 825. PROVISION OF AUTHORITY TO MAINTAIN EQUIPMENT TO UNIFIED
COMBATANT COMMAND FOR JOINT WARFIGHTING.
(a) Authority.--Section 167a of title 10, United States
Code, is amended--
(1) in subsection (a), by striking ``and acquire''
and inserting ``, acquire, and maintain'';
(2) by redesignating subsection (f) as subsection
(g); and
(3) by inserting after subsection (e) the following
new subsection:
``(f) Limitation on Authority To Maintain Equipment.--The
authority delegated under subsection (a) to maintain equipment
is subject to the availability of funds authorized and
appropriated specifically for that purpose.''.
(b) Two-Year Extension.--Subsection (g) of such section, as
so redesignated, is amended--
(1) by striking ``through 2008'' and inserting
``through 2010''; and
(2) by striking ``September 30, 2008'' and
inserting ``September 30, 2010''.
SEC. 826. MARKET RESEARCH.
(a) Additional Requirements.--Subsection (c) of section
2377 of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``and'' at the end of
subparagraph (A);
(B) by striking the period at the end of
subparagraph (B) and inserting ``; and''; and
(C) by adding at the end the following:
``(C) before awarding a task order or
delivery order in excess of the simplified
acquisition threshold.''; and
(2) by adding at the end the following:
``(4) The head of an agency shall take appropriate steps to
ensure that any prime contractor of a contract (or task order
or delivery order) in an amount in excess of $5,000,000 for the
procurement of items other than commercial items engages in
such market research as may be necessary to carry out the
requirements of subsection (b)(2) before making purchases for
or on behalf of the Department of Defense.''.
(b) Requirement To Develop Training and Tools.--The
Secretary of Defense shall develop training to assist
contracting officers, and market research tools to assist such
officers and prime contractors, in performing appropriate
market research as required by subsection (c) of section 2377
of title 10, United States Code, as amended by this section.
SEC. 827. MODIFICATION OF COMPETITION REQUIREMENTS FOR PURCHASES FROM
FEDERAL PRISON INDUSTRIES.
(a) Modification of Competition Requirements.--
(1) In general.--Section 2410n of title 10, United
States Code, is amended by striking subsections (a) and
(b) and inserting the following new subsections (a) and
(b):
``(a) Products for Which Federal Prison Industries Does Not
Have Significant Market Share.--(1) Before purchasing a product
listed in the latest edition of the Federal Prison Industries
catalog under section 4124(d) of title 18 for which Federal
Prison Industries does not have a significant market share, the
Secretary of Defense shall conduct market research to determine
whether the product is comparable to products available from
the private sector that best meet the needs of the Department
in terms of price, quality, and time of delivery.
``(2) If the Secretary determines that a Federal Prison
Industries product described in paragraph (1) is not comparable
in price, quality, or time of delivery to products of the
private sector that best meets the needs of the Department in
terms of price, quality, and time of delivery, the Secretary
shall use competitive procedures for the procurement of the
product, or shall make an individual purchase under a multiple
award contract in accordance with the competition requirements
applicable to such contract. In conducting such a competition,
the Secretary shall consider a timely offer from Federal Prison
Industries.
``(b) Products for Which Federal Prison Industries Has
Significant Market Share.--(1) The Secretary of Defense may
purchase a product listed in the latest edition of the Federal
Prison Industries catalog for which Federal Prison Industries
has a 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.
``(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.''.
(2) Effective date.--The amendment made by
subsection (a) shall take effect 60 days after the date
of the enactment of this Act.
(b) List of Products for Which Federal Prison Industries
Has Significant Market Share.--
(1) Initial list.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of
Defense shall publish a list of product categories for
which Federal Prison Industries' share of the
Department of Defense market is greater than 5 percent,
based on the most recent fiscal year for which data is
available.
(2) Modification.--The Secretary may modify the
list 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.
(3) Consultation.--The Secretary shall carry out
this subsection in consultation with the Administrator
for Federal Procurement Policy.
SEC. 828. MULTIYEAR CONTRACT AUTHORITY FOR ELECTRICITY FROM RENEWABLE
ENERGY SOURCES.
(a) Multiyear Contract Authority.--Chapter 141 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2410q. Multiyear contracts: purchase of electricity from
renewable energy sources
``(a) Multiyear Contracts Authorized.--Subject to
subsection (b), the Secretary of Defense may enter into a
contract for a period not to exceed 10 years for the purchase
of electricity from sources of renewable energy, as that term
is defined in section 203(b)(2) of the Energy Policy Act of
2005 (42 U.S.C. 15852(b)(2)).
``(b) Limitations on Contracts for Periods in Excess of
Five Years.--The Secretary may exercise the authority in
subsection (a) to enter into a contract for a period in excess
of five years only if the Secretary determines, on the basis of
a business case analysis prepared by the Department of Defense,
that--
``(1) the proposed purchase of electricity under
such contract is cost effective for the Department of
Defense; and
``(2) it would not be possible to purchase
electricity from the source in an economical manner
without the use of a contract for a period in excess of
five years.
``(c) Relationship to Other Multiyear Contracting
Authority.--Nothing in this section shall be construed to
preclude the Department of Defense from using other multiyear
contracting authority of the Department to purchase renewable
energy.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 141 of such title is amended by adding at
the end the following new item:
``2410q. Multiyear contracts: purchase of electricity from renewable
energy sources.''.
SEC. 829. PROCUREMENT OF FIRE RESISTANT RAYON FIBER FOR THE PRODUCTION
OF UNIFORMS FROM FOREIGN SOURCES.
(a) Authority To Procure.--The Secretary of Defense may
procure fire resistant rayon fiber for the production of
uniforms that is manufactured in a foreign country referred to
in subsection (d) if the Secretary determines either of the
following:
(1) That fire resistant rayon fiber for the
production of uniforms is not available from sources
within the national technology and industrial base.
(2) That--
(A) procuring fire resistant rayon fiber
manufactured from suppliers within the national
technology and industrial base would result in
sole-source contracts or subcontracts for the
supply of fire resistant rayon fiber; and
(B) such sole-source contracts or
subcontracts would not be in the best interests
of the Government or consistent with the
objectives of section 2304 of title 10, United
States Code.
(b) Submission to Congress.--Not later than 30 days after
making a determination under subsection (a), the Secretary
shall submit to Congress a copy of the determination.
(c) Applicability to Subcontracts.--The authority under
subsection (a) applies with respect to subcontracts under
Department of Defense contracts as well as to such contracts.
(d) Foreign Countries Covered.--The authority under
subsection (a) applies with respect to a foreign country that--
(1) is a party to a defense memorandum of
understanding entered into under section 2531 of title
10, United States Code; and
(2) does not discriminate against defense items
produced in the United States to a greater degree than
the United States discriminates against defense items
produced in that country.
(e) National Technology and Industrial Base Defined.--In
this section, the term ``national technology and industrial
base'' has the meaning given that term in section 2500 of title
10, United States Code.
(f) Sunset.--The authority under subsection (a) shall
expire on the date that is five years after the date of the
enactment of this Act.
SEC. 830. COMPTROLLER GENERAL REVIEW OF NONCOMPETITIVE AWARDS OF
CONGRESSIONAL AND EXECUTIVE BRANCH INTEREST ITEMS.
Not later than one year after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to the congressional defense committees a report on the
use of procedures other than competitive procedures in the
award of contracts by the Department of Defense. The report
shall compare the procedures used by the Department of Defense
for the award of funds for new projects pursuant to
congressionally directed spending items, as defined in rule
XLIV of the Standing Rules of the Senate, or congressional
earmarks, as defined in rule XXI of the Rules of the House of
Representatives, with the procedures used by the Department of
Defense for the award of funds for new projects of special
interest to senior executive branch officials.
Subtitle D--Accountability in Contracting
SEC. 841. COMMISSION ON WARTIME CONTRACTING IN IRAQ AND AFGHANISTAN.
(a) Establishment.--There is hereby established a
commission to be known as the ``Commission on Wartime
Contracting'' (in this section referred to as the
``Commission'').
(b) Membership Matters.--
(1) Membership.--The Commission shall be composed
of 8 members, as follows:
(A) 2 members shall be appointed by the
majority leader of the Senate, in consultation
with the Chairmen of the Committee on Armed
Services, the Committee on Homeland Security
and Governmental Affairs, and the Committee on
Foreign Relations of the Senate.
(B) 2 members shall be appointed by the
Speaker of the House of Representatives, in
consultation with the Chairmen of the Committee
on Armed Services, the Committee on Oversight
and Government Reform, and the Committee on
Foreign Affairs of the House of
Representatives.
(C) 1 member shall be appointed by the
minority leader of the Senate, in consultation
with the Ranking Minority Members of the
Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, and
the Committee on Foreign Relations of the
Senate.
(D) 1 member shall be appointed by the
minority leader of the House of
Representatives, in consultation with the
Ranking Minority Member of the Committee on
Armed Services, the Committee on Oversight and
Government Reform, and the Committee on Foreign
Affairs of the House of Representatives.
(E) 2 members shall be appointed by the
President, in consultation with the Secretary
of Defense and the Secretary of State.
(2) Deadline for appointments.--All appointments to
the Commission shall be made not later than 120 days
after the date of the enactment of this Act.
(3) Co-chairmen.--The Commission shall have two co-
chairmen, including--
(A) a co-chairman who shall be a member of
the Commission jointly designated by the
Speaker of the House of Representatives and the
majority leader of the Senate; and
(B) a co-chairman who shall be a member of
the Commission jointly designated by the
minority leader of the House of Representatives
and the minority leader of the Senate.
(4) Vacancy.--In the event of a vacancy in a seat
on the Commission, the individual appointed to fill the
vacant seat shall be--
(A) appointed by the same officer (or the
officer's successor) who made the appointment
to the seat when the Commission was first
established; and
(B) if the officer in subparagraph (A) is
of a party other than the party of the officer
who made the appointment to the seat when the
Commission was first established, chosen in
consultation with the senior officers in the
Senate and the House of Representatives of the
party which is the party of the officer who
made the appointment to the seat when the
Commission was first established.
(c) Duties.--
(1) General duties.--The Commission shall study the
following matters:
(A) Federal agency contracting for the
reconstruction of Iraq and Afghanistan.
(B) Federal agency contracting for the
logistical support of coalition forces
operating in Iraq and Afghanistan.
(C) Federal agency contracting for the
performance of security functions in Iraq and
Afghanistan.
(2) Scope of contracting covered.--The Federal
agency contracting covered by this subsection includes
contracts entered into both in the United States and
abroad for the performance of activities described in
paragraph (1).
(3) Particular duties.--In carrying out the study
under this subsection, the Commission shall assess--
(A) the extent of the reliance of the
Federal Government on contractors to perform
functions (including security functions) in
Iraq and Afghanistan and the impact of this
reliance on the achievement of the objectives
of the United States;
(B) the performance exhibited by Federal
contractors for the contracts under review
pursuant to paragraph (1), and the mechanisms
used to evaluate contractor performance;
(C) the extent of waste, fraud, and abuse
under such contracts;
(D) the extent to which those responsible
for such waste, fraud, and abuse have been held
financially or legally accountable;
(E) the appropriateness of the
organizational structure, policies, practices,
and resources of the Department of Defense and
the Department of State for handling program
management and contracting for the programs and
contracts under review pursuant to paragraph
(1);
(F) the extent to which contractors under
such contracts have engaged in the misuse of
force or have used force in a manner
inconsistent with the objectives of the
operational field commander; and
(G) the extent of potential violations of
the laws of war, Federal law, or other
applicable legal standards by contractors under
such contracts.
(d) Reports.--
(1) Interim report.--On March 1, 2009, the
Commission shall submit to Congress an interim report
on the study carried out under subsection (c),
including the results and findings of the study as of
that date.
(2) Other reports.--The Commission may from time to
time submit to Congress such other reports on the study
carried out under subsection (c) as the Commission
considers appropriate.
(3) Final report.--Not later than two years after
the date of the appointment of all of the members of
the Commission under subsection (b), the Commission
shall submit to Congress a final report on the study
carried out under subsection (c). The report shall--
(A) include the findings of the Commission;
(B) identify lessons learned relating to
contingency program management and contingency
contracting covered by the study; and
(C) include specific recommendations for
improvements to be made in--
(i) the process for defining
requirements and developing statements
of work for contracts in contingency
contracting;
(ii) the process for awarding
contracts and task or delivery orders
in contingency contracting;
(iii) the process for contingency
program management;
(iv) the process for identifying,
addressing, and providing
accountability for waste, fraud, and
abuse in contingency contracting;
(v) the process for determining
which functions are inherently
governmental and which functions are
appropriate for performance by
contractors in a contingency operation
(including during combat operations),
especially whether providing security
in an area of combat operations is
inherently governmental;
(vi) the organizational structure,
resources, policies, and practices of
the Department of Defense and the
Department of State for performing
contingency program management; and
(vii) the process by which roles
and responsibilities with respect to
management and oversight of contracts
in contingency contracting are
distributed among the various
departments and agencies of the Federal
Government, and interagency
coordination and communication
mechanisms associated with contingency
contracting.
(e) Other Powers and Authorities.--
(1) Hearings and evidence.--The Commission or, on
the authority of the Commission, any portion thereof,
may, for the purpose of carrying out this section--
(A) hold such hearings and sit and act at
such times and places, take such testimony,
receive such evidence, administer such oaths
(provided that the quorum for a hearing shall
be three members of the Commission); and
(B) provide for the attendance and
testimony of such witnesses and the production
of such books, records, correspondence,
memoranda, papers, and documents;
as the Commission, or such portion thereof, may
determine advisable.
(2) Inability to obtain documents or testimony.--In
the event the Commission is unable to obtain testimony
or documents needed to conduct its work, the Commission
shall notify the committees of Congress of jurisdiction
and appropriate investigative authorities.
(3) Access to information.--The Commission may
secure directly from the Department of Defense and any
other department or agency of the Federal Government
any information or assistance that the Commission
considers necessary to enable the Commission to carry
out the requirements of this section. Upon request of
the Commission, the head of such department or agency
shall furnish such information expeditiously to the
Commission. Whenever information or assistance
requested by the Commission is unreasonably refused or
not provided, the Commission shall report the
circumstances to Congress without delay.
(4) Personnel.--The Commission shall have the
authorities provided in section 3161 of title 5, United
States Code, and shall be subject to the conditions set
forth in such section, except to the extent that such
conditions would be inconsistent with the requirements
of this section.
(5) Detailees.--Any employee of the Federal
Government may be detailed to the Commission without
reimbursement from the Commission, and such detailee
shall retain the rights, status, and privileges of his
or her regular employment without interruption.
(6) Security clearances.--The appropriate
departments or agencies of the Federal Government shall
cooperate with the Commission in expeditiously
providing to the Commission members and staff
appropriate security clearances to the extent possible
pursuant to existing procedures and requirements,
except that no person shall be provided with access to
classified information under this section without the
appropriate security clearances.
(7) Violations of law.--
(A) Referral to attorney general.--The
Commission may refer to the Attorney General
any violation or potential violation of law
identified by the Commission in carrying out
its duties under this section.
(B) Reports on results of referral.--The
Attorney General shall submit to Congress a
report on each prosecution, conviction,
resolution, or other disposition that results
from a referral made under this subparagraph.
(f) Termination.--The Commission shall terminate on the
date that is 60 days after the date of the submittal of its
final report under subsection (d)(3).
(g) Definitions.--In this section:
(1) Contingency contracting.--The term
``contingency contracting'' means all stages of the
process of acquiring property or services during a
contingency operation.
(2) Contingency operation.--The term ``contingency
operation'' has the meaning given that term in section
101 of title 10, United States Code.
(3) Contingency program management.--The term
``contingency program management'' means the process of
planning, organizing, staffing, controlling, and
leading the combined efforts of participating personnel
for the management of a specific acquisition program or
programs during contingency operations.
SEC. 842. INVESTIGATION OF WASTE, FRAUD, AND ABUSE IN WARTIME CONTRACTS
AND CONTRACTING PROCESSES IN IRAQ AND AFGHANISTAN.
(a) Audits Required.--Thorough audits shall be performed in
accordance with this section to identify potential waste,
fraud, and abuse in the performance of--
(1) Department of Defense contracts, subcontracts,
and task and delivery orders for the logistical support
of coalition forces in Iraq and Afghanistan; and
(2) Federal agency contracts, subcontracts, and
task and delivery orders for the performance of
security and reconstruction functions in Iraq and
Afghanistan.
(b) Audit Plans.--
(1) The Department of Defense Inspector General
shall develop a comprehensive plan for a series of
audits of contracts, subcontracts, and task and
delivery orders covered by subsection (a)(1),
consistent with the requirements of subsection (g), in
consultation with other Inspectors General specified in
subsection (c) with regard to any contracts,
subcontracts, or task or delivery orders over which
such Inspectors General have jurisdiction.
(2) The Special Inspector General for Iraq
Reconstruction shall develop a comprehensive plan for a
series of audits of contracts, subcontracts, and task
and delivery orders covered by subsection (a)(2)
relating to Iraq, consistent with the requirements of
subsection (h), in consultation with other Inspectors
General specified in subsection (c) with regard to any
contracts, subcontracts, or task or delivery orders
over which such Inspectors General have jurisdiction.
(3) The Special Inspector General for Afghanistan
Reconstruction shall develop a comprehensive plan for a
series of audits of contracts, subcontracts, and task
and delivery orders covered by subsection (a)(2)
relating to Afghanistan, consistent with the
requirements of subsection (h), in consultation with
other Inspectors General specified in subsection (c)
with regard to any contracts, subcontracts, or task or
delivery orders over which such Inspectors General have
jurisdiction.
(c) Performance of Audits by Certain Inspectors General.--
The Special Inspector General for Iraq Reconstruction, during
such period as such office exists, the Special Inspector
General for Afghanistan Reconstruction, during such period as
such office exists, the Inspector General of the Department of
Defense, the Inspector General of the Department of State, and
the Inspector General of the United States Agency for
International Development shall perform such audits as required
by subsection (a) and identified in the audit plans developed
pursuant to subsection (b) as fall within the respective scope
of their duties as specified in law.
(d) Coordination of Audits.--The Inspectors General
specified in subsection (c) shall work to coordinate the
performance of the audits required by subsection (a) and
identified in the audit plans developed under to subsection (b)
including through councils and working groups composed of such
Inspectors General.
(e) Joint Audits.--If one or more audits required by
subsection (a) and identified in an audit plan developed under
subsection (b) falls within the scope of the duties of more
than one of the Inspectors General specified in subsection (c),
and such Inspectors General agree that such audit or audits are
best pursued jointly, such Inspectors General shall enter into
a memorandum of understanding relating to the performance of
such audit or audits.
(f) Separate Audits.--If one or more audits required by
subsection (a) and identified in an audit plan developed under
subsection (b) falls within the scope of the duties of more
than one of the Inspectors General specified in subsection (c),
and such Inspectors General do not agree that such audit or
audits are best pursued jointly, such audit or audits shall be
separately performed by one or more of the Inspectors General
concerned.
(g) Scope of Audits of Contracts.--Audits conducted
pursuant to subsection (a)(1) shall examine, at a minimum, one
or more of the following issues:
(1) The manner in which contract requirements were
developed.
(2) The procedures under which contracts or task or
delivery orders were awarded.
(3) The terms and conditions of contracts or task
or delivery orders.
(4) The staffing and method of performance of
contractors, including cost controls.
(5) The efficacy of Department of Defense
management and oversight, including the adequacy of
staffing and training of officials responsible for such
management and oversight.
(6) The flow of information from contractors to
officials responsible for contract management and
oversight.
(h) Scope of Audits of Other Contracts.--Audits conducted
pursuant to subsection (a)(2) shall examine, at a minimum, one
or more of the following issues:
(1) The manner in which contract requirements were
developed and contracts or task and delivery orders
were awarded.
(2) The manner in which the Federal agency
exercised control over the performance of contractors.
(3) The extent to which operational field
commanders were able to coordinate or direct the
performance of contractors in an area of combat
operations.
(4) The degree to which contractor employees were
properly screened, selected, trained, and equipped for
the functions to be performed.
(5) The nature and extent of any incidents of
misconduct or unlawful activity by contractor
employees.
(6) The nature and extent of any activity by
contractor employees that was inconsistent with the
objectives of operational field commanders.
(7) The extent to which any incidents of misconduct
or unlawful activity were reported, documented,
investigated, and (where appropriate) prosecuted.
(i) Independent Conduct of Audit Functions.--All audit
functions under this section, including audit planning and
coordination, shall be performed by the relevant Inspectors
General in an independent manner, without consultation with the
Commission established pursuant to section 841 of this Act. All
audit reports resulting from such audits shall be available to
the Commission.
SEC. 843. ENHANCED COMPETITION REQUIREMENTS FOR TASK AND DELIVERY ORDER
CONTRACTS.
(a) Defense Contracts.--
(1) Limitation on single award contracts.--Section
2304a(d) of title 10, United States Code, is amended--
(A) by redesignating paragraph (3) as
paragraph (4); and
(B) by inserting after paragraph (2) the
following new paragraph (3):
``(3)(A) No task or delivery order contract in an amount
estimated to exceed $100,000,000 (including all options) may be
awarded to a single source unless the head of the agency
determines in writing that--
``(i) the task or delivery orders expected under
the contract are so integrally related that only a
single source can reasonably perform the work;
``(ii) the contract provides only for firm, fixed
price task orders or delivery orders for--
``(I) products for which unit prices are
established in the contract; or
``(II) services for which prices are
established in the contract for the specific
tasks to be performed;
``(iii) only one source is qualified and capable of
performing the work at a reasonable price to the
government; or
``(iv) because of exceptional circumstances, it is
necessary in the public interest to award the contract
to a single source.
``(B) The head of the agency shall notify Congress within
30 days after any determination under subparagraph (A)(iv).''.
(2) Enhanced competition for orders in excess of
$5,000,000.--Section 2304c of such title is amended--
(A) by redesignating subsections (d), (e),
and (f) as subsections (e), (f), and (g),
respectively;
(B) by inserting after subsection (c) the
following new subsection (d):
``(d) Enhanced Competition for Orders in Excess of
$5,000,000.--In the case of a task or delivery order in excess
of $5,000,000, the requirement to provide all contractors a
fair opportunity to be considered under subsection (b) is not
met unless all such contractors are provided, at a minimum--
``(1) a notice of the task or delivery order that
includes a clear statement of the agency's
requirements;
``(2) a reasonable period of time to provide a
proposal in response to the notice;
``(3) disclosure of the significant factors and
subfactors, including cost or price, that the agency
expects to consider in evaluating such proposals, and
their relative importance;
``(4) in the case of an award that is to be made on
a best value basis, a written statement documenting the
basis for the award and the relative importance of
quality and price or cost factors; and
``(5) an opportunity for a post-award debriefing
consistent with the requirements of section 2305(b)(5)
of this title.''; and
(C) by striking subsection (e), as
redesignated by paragraph (1), and inserting
the following new subsection (e):
``(e) Protests.--(1) A protest is not authorized in
connection with the issuance or proposed issuance of a task or
delivery order except for--
``(A) a protest on the ground that the order
increases the scope, period, or maximum value of the
contract under which the order is issued; or
``(B) a protest of an order valued in excess of
$10,000,000.
``(2) Notwithstanding section 3556 of title 31, the
Comptroller General of the United States shall have exclusive
jurisdiction of a protest authorized under paragraph (1)(B).
``(3) This subsection shall be in effect for three years,
beginning on the date that is 120 days after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2008.''.
(3) Effective dates.--
(A) Single award contracts.--The amendments
made by paragraph (1) shall take effect on the
date that is 120 days after the date of the
enactment of this Act, and shall apply with
respect to any contract awarded on or after
such date.
(B) Orders in excess of $5,000,000.--The
amendments made by paragraph (2) shall take
effect on the date that is 120 days after the
date of the enactment of this Act, and shall
apply with respect to any task or delivery
order awarded on or after such date.
(b) Civilian Agency Contracts.--
(1) Limitation on single award contracts.--Section
303H(d) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253h(d)) is amended--
(A) by redesignating paragraph (3) as
paragraph (4); and
(B) by inserting after paragraph (2) the
following new paragraph (3):
``(3)(A) No task or delivery order contract in an amount
estimated to exceed $100,000,000 (including all options) may be
awarded to a single source unless the head of the executive
agency determines in writing that--
``(i) the task or delivery orders expected under
the contract are so integrally related that only a
single source can reasonably perform the work;
``(ii) the contract provides only for firm, fixed
price task orders or delivery orders for--
``(I) products for which unit prices are
established in the contract; or
``(II) services for which prices are
established in the contract for the specific
tasks to be performed;
``(iii) only one source is qualified and capable of
performing the work at a reasonable price to the
government; or
``(iv) because of exceptional circumstances, it is
necessary in the public interest to award the contract
to a single source.
``(B) The head of the executive agency shall notify
Congress within 30 days after any determination under
subparagraph (A)(iv).''.
(2) Enhanced competition for orders in excess of
$5,000,000.--Section 303J of such Act (41 U.S.C. 253j)
is amended--
(A) by redesignating subsections (d), (e),
and (f) as subsections (e), (f), and (g),
respectively;
(B) by inserting after subsection (c) the
following new subsection (d):
``(d) Enhanced Competition for Orders in Excess of
$5,000,000.--In the case of a task or delivery order in excess
of $5,000,000, the requirement to provide all contractors a
fair opportunity to be considered under subsection (b) is not
met unless all such contractors are provided, at a minimum--
``(1) a notice of the task or delivery order that
includes a clear statement of the executive agency's
requirements;
``(2) a reasonable period of time to provide a
proposal in response to the notice;
``(3) disclosure of the significant factors and
subfactors, including cost or price, that the executive
agency expects to consider in evaluating such
proposals, and their relative importance;
``(4) in the case of an award that is to be made on
a best value basis, a written statement documenting the
basis for the award and the relative importance of
quality and price or cost factors; and
``(5) an opportunity for a post-award debriefing
consistent with the requirements of section 303B(e).'';
and
(C) by striking subsection (e), as
redesignated by paragraph (1), and inserting
the following new subsection (e):
``(e) Protests.--(1) A protest is not authorized in
connection with the issuance or proposed issuance of a task or
delivery order except for--
``(A) a protest on the ground that the order
increases the scope, period, or maximum value of the
contract under which the order is issued; or
``(B) a protest of an order valued in excess of
$10,000,000.
``(2) Notwithstanding section 3556 of title 31, United
States Code, the Comptroller General of the United States shall
have exclusive jurisdiction of a protest authorized under
paragraph (1)(B).
``(3) This subsection shall be in effect for three years,
beginning on the date that is 120 days after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2008.''.
(3) Effective dates.--
(A) Single award contracts.--The amendments
made by paragraph (1) shall take effect on the
date that is 120 days after the date of the
enactment of this Act, and shall apply with
respect to any contract awarded on or after
such date.
(B) Orders in excess of $5,000,000.--The
amendments made by paragraph (2) shall take
effect on the date that is 120 days after the
date of the enactment of this Act, and shall
apply with respect to any task or delivery
order awarded on or after such date.
SEC. 844. PUBLIC DISCLOSURE OF JUSTIFICATION AND APPROVAL DOCUMENTS FOR
NONCOMPETITIVE CONTRACTS.
(a) Civilian Agency Contracts.--
(1) In general.--Section 303 of the Federal
Property and Administrative Services Act of 1949 (41
U.S.C. 253) is amended by adding at the end the
following new subsection:
``(j)(1)(A) Except as provided in subparagraph (B), in the
case of a procurement permitted by subsection (c), the head of
an executive agency shall make publicly available, within 14
days after the award of the contract, the documents containing
the justification and approval required by subsection (f)(1)
with respect to the procurement.
``(B) In the case of a procurement permitted by subsection
(c)(2), subparagraph (A) shall be applied by substituting `30
days' for `14 days'.
``(2) The documents shall be made available on the website
of the agency and through a government-wide website selected by
the Administrator for Federal Procurement Policy.
``(3) This subsection does not require the public
availability of information that is exempt from public
disclosure under section 552(b) of title 5, United States
Code.''.
(2) Conforming amendment.--Section 303(f) of such
Act is amended--
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as
paragraph (4).
(b) Defense Agency Contracts.--
(1) In general.--Section 2304 of title 10, United
States Code, is amended by adding at the end the
following new subsection:
``(l)(1)(A) Except as provided in subparagraph (B), in the
case of a procurement permitted by subsection (c), the head of
an agency shall make publicly available, within 14 days after
the award of the contract, the documents containing the
justification and approval required by subsection (f)(1) with
respect to the procurement.
``(B) In the case of a procurement permitted by subsection
(c)(2), subparagraph (A) shall be applied by substituting `30
days' for `14 days'.
``(2) The documents shall be made available on the website
of the agency and through a government-wide website selected by
the Administrator for Federal Procurement Policy.
``(3) This subsection does not require the public
availability of information that is exempt from public
disclosure under section 552(b) of title 5.''.
(2) Conforming amendment.--Section 2304(f) of such
title is amended--
(A) by striking paragraph (4); and
(B) by redesignating paragraphs (5) and (6)
as paragraphs (4) and (5), respectively.
SEC. 845. DISCLOSURE OF GOVERNMENT CONTRACTOR AUDIT FINDINGS.
(a) Required Annex on Significant Audit Findings.--
(1) In general.--Each Inspector General appointed
under the Inspector General Act of 1978 shall submit,
as part of the semiannual report submitted to Congress
pursuant to section 5 of such Act, an annex on final,
completed contract audit reports issued to the
contracting activity containing significant audit
findings issued during the period covered by the
semiannual report concerned.
(2) Elements.--Such annex shall include--
(A) a list of such contract audit reports;
(B) for each audit report, a brief
description of the nature of the significant
audit findings in the report; and
(C) for each audit report, the specific
amounts of costs identified as unsupported,
questioned, or disallowed.
(3) Information exempt from public disclosure.--(A)
Nothing in this subsection shall be construed to
require the release of information to the public that
is exempt from public disclosure under section 552(b)
of title 5, United States Code.
(B) For each element required by paragraph (2), the
Inspector General concerned shall note each instance
where information has been redacted in accordance with
the requirements of section 552(b) of title 5, United
States Code, and submit an unredacted annex to the
committees listed in subsection (d)(2) within 7 days
after the issuance of the semiannual report.
(b) Defense Contract Audit Agency Included.--For purposes
of subsection (a), audits of the Defense Contract Audit Agency
shall be included in the annex provided by the Inspector
General of the Department of Defense if they include
significant audit findings.
(c) Exception.--Subsection (a) shall not apply to an
Inspector General if no audits described in such subsection
were issued during the covered period.
(d) Submission of Individual Audits.--
(1) Requirement.--The head of each Federal
department or agency shall provide, within 14 days
after a request in writing by the chairman or ranking
member of any committee listed in paragraph (2), a full
and unredacted copy of any audit described in
subsection (a). Such copy shall include an
identification of information in the audit exempt from
public disclosure under section 552(b) of title 5,
United States Code.
(2) Committees.--The committees listed in this
paragraph are the following:
(A) The Committee on Oversight and
Government Reform of the House of
Representatives.
(B) The Committee on Homeland Security and
Governmental Affairs of the Senate.
(C) The Committees on Appropriations of the
House of Representatives and the Senate.
(D) With respect to the Department of
Defense and the Department of Energy, the
Committees on Armed Services of the Senate and
House of Representatives.
(E) The Committees of primary jurisdiction
over the agency or department to which the
request is made.
(e) Classified Information.--Nothing in this section shall
be interpreted to require the handling of classified
information or information relating to intelligence sources and
methods in a manner inconsistent with any law, regulation,
executive order, or rule of the House of Representatives or of
the Senate relating to the handling or protection of such
information.
(f) Definitions.--In this section:
(1) Significant audit findings.--The term
``significant audit findings'' includes--
(A) unsupported, questioned, or disallowed
costs in an amount in excess of $10,000,000; or
(B) other findings that the Inspector
General of the agency or department concerned
determines to be significant.
(2) Contract.--The term ``contract'' includes a
contract, an order placed under a task or delivery
order contract, or a subcontract.
SEC. 846. PROTECTION FOR CONTRACTOR EMPLOYEES FROM REPRISAL FOR
DISCLOSURE OF CERTAIN INFORMATION.
(a) Increased Protection From Reprisal.--Subsection (a) of
section 2409 of title 10, United States Code, is amended--
(1) by striking ``disclosing to a Member of
Congress'' and inserting ``disclosing to a Member of
Congress, a representative of a committee of Congress,
an Inspector General, the Government Accountability
Office, a Department of Defense employee responsible
for contract oversight or management,''; and
(2) by striking ``information relating to a
substantial violation of law related to a contract
(including the competition for or negotiation of a
contract)'' and inserting ``information that the
employee reasonably believes is evidence of gross
mismanagement of a Department of Defense contract or
grant, a gross waste of Department of Defense funds, a
substantial and specific danger to public health or
safety, or a violation of law related to a Department
of Defense contract (including the competition for or
negotiation of a contract) or grant''.
(b) Clarification of Inspector General Determination.--
Subsection (b) of such section is amended--
(1) by inserting ``(1)'' after ``Investigation of
Complaints.--'';
(2) by striking ``an agency'' and inserting ``the
Department of Defense, or the Inspector General of the
National Aeronautics and Space Administration in the
case of a complaint regarding the National Aeronautics
and Space Administration''; and
(3) by adding at the end the following new
paragraph:
``(2)(A) Except as provided under subparagraph (B), the
Inspector General shall make a determination that a complaint
is frivolous or submit a report under paragraph (1) within 180
days after receiving the complaint.
``(B) If the Inspector General is unable to complete an
investigation in time to submit a report within the 180-day
period specified in subparagraph (A) and the person submitting
the complaint agrees to an extension of time, the Inspector
General shall submit a report under paragraph (1) within such
additional period of time as shall be agreed upon between the
Inspector General and the person submitting the complaint.''.
(c) Acceleration of Schedule for Denying Relief or
Providing Remedy.--Subsection (c) of such section is amended--
(1) in paragraph (1), by striking ``If the head of
the agency determines that a contractor has subjected a
person to a reprisal prohibited by subsection (a), the
head of the agency may'' and inserting after ``(1)''
the following: ``Not later than 30 days after receiving
an Inspector General report pursuant to subsection (b),
the head of the agency concerned shall determine
whether there is sufficient basis to conclude that the
contractor concerned has subjected the complainant to a
reprisal prohibited by subsection (a) and shall either
issue an order denying relief or shall'';
(2) by redesignating paragraphs (2) and (3) as
paragraphs (4) and (5), respectively; and
(3) by inserting after paragraph (1) the following
new paragraphs:
``(2) If the head of an executive agency issues an order
denying relief under paragraph (1) or has not issued an order
within 210 days after the submission of a complaint under
subsection (b), or in the case of an extension of time under
paragraph (b)(2)(B), not later than 30 days after the
expiration of the extension of time, and there is no showing
that such delay is due to the bad faith of the complainant, the
complainant shall be deemed to have exhausted all
administrative remedies with respect to the complaint, and the
complainant may bring a de novo action at law or equity against
the contractor to seek compensatory damages and other relief
available under this section in the appropriate district court
of the United States, which shall have jurisdiction over such
an action without regard to the amount in controversy. Such an
action shall, at the request of either party to the action, be
tried by the court with a jury.
``(3) An Inspector General determination and an agency head
order denying relief under paragraph (2) shall be admissible in
evidence in any de novo action at law or equity brought
pursuant to this subsection.''.
(d) Definitions.--Subsection (e) of such section is
amended--
(1) in paragraph (4), by inserting ``or a grant''
after ``a contract''; and
(2) by inserting before the period at the end the
following: ``and any Inspector General that receives
funding from, or has oversight over contracts awarded
for or on behalf of, the Secretary of Defense''.
SEC. 847. REQUIREMENTS FOR SENIOR DEPARTMENT OF DEFENSE OFFICIALS
SEEKING EMPLOYMENT WITH DEFENSE CONTRACTORS.
(a) Requirement to Seek and Obtain Written Opinion.--
(1) Request.--An official or former official of the
Department of Defense described in subsection (c) who,
within two years after leaving service in the
Department of Defense, expects to receive compensation
from a Department of Defense contractor, shall, prior
to accepting such compensation, request a written
opinion regarding the applicability of post-employment
restrictions to activities that the official or former
official may undertake on behalf of a contractor.
(2) Submission of request.--A request for a written
opinion under paragraph (1) shall be submitted in
writing to an ethics official of the Department of
Defense having responsibility for the organization in
which the official or former official serves or served
and shall set forth all information relevant to the
request, including information relating to government
positions held and major duties in those positions,
actions taken concerning future employment, positions
sought, and future job descriptions, if applicable.
(3) Written opinion.--Not later than 30 days after
receiving a request by an official or former official
of the Department of Defense described in subsection
(c), the appropriate ethics counselor shall provide
such official or former official a written opinion
regarding the applicability or inapplicability of post-
employment restrictions to activities that the official
or former official may undertake on behalf of a
contractor.
(4) Contractor requirement.--A Department of
Defense contractor may not knowingly provide
compensation to a former Department of Defense official
described in subsection (c) within two years after such
former official leaves service in the Department of
Defense, without first determining that the former
official has sought and received (or has not received
after 30 days of seeking) a written opinion from the
appropriate ethics counselor regarding the
applicability of post-employment restrictions to the
activities that the former official is expected to
undertake on behalf of the contractor.
(5) Administrative actions.--In the event that an
official or former official of the Department of
Defense described in subsection (c), or a Department of
Defense contractor, knowingly fails to comply with the
requirements of this subsection, the Secretary of
Defense may take any of the administrative actions set
forth in section 27(e) of the Office of Federal
Procurement Policy Act (41 U.S.C. 423(e)) that the
Secretary of Defense determines to be appropriate.
(b) Recordkeeping Requirement.--
(1) Database.--Each request for a written opinion
made pursuant to this section, and each written opinion
provided pursuant to such a request, shall be retained
by the Department of Defense in a central database or
repository for not less than five years beginning on
the date on which the written opinion was provided.
(2) Inspector general review.--The Inspector
General of the Department of Defense shall conduct
periodic reviews to ensure that written opinions are
being provided and retained in accordance with the
requirements of this section. The first such review
shall be conducted no later than two years after the
date of the enactment of this Act.
(c) Covered Department of Defense Officials.--An official
or former official of the Department of Defense is covered by
the requirements of this section if such official or former
official--
(1) participated personally and substantially in an
acquisition as defined in section 4(16) of the Office
of Federal Procurement Policy Act with a value in
excess of $10,000,000 and serves or served--
(A) in an Executive Schedule position under
subchapter II of chapter 53 of title 5, United
States Code;
(B) in a position in the Senior Executive
Service under subchapter VIII of chapter 53 of
title 5, United States Code; or
(C) in a general or flag officer position
compensated at a rate of pay for grade O-7 or
above under section 201 of title 37, United
States Code; or
(2) serves or served as a program manager, deputy
program manager, procuring contracting officer,
administrative contracting officer, source selection
authority, member of the source selection evaluation
board, or chief of a financial or technical evaluation
team for a contract in an amount in excess of
$10,000,000.
(d) Definition.--In this section, the term ``post-
employment restrictions'' includes--
(1) section 27 of the Office of Federal Procurement
Policy Act (41 U.S.C. 423);
(2) section 207 of title 18, United States Code;
and
(3) any other statute or regulation restricting the
employment or activities of individuals who leave
government service in the Department of Defense.
SEC. 848. REPORT ON CONTRACTOR ETHICS PROGRAMS OF MAJOR DEFENSE
CONTRACTORS.
(a) Report Required.--Not later than one year after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the internal ethics programs of major defense
contractors.
(b) Elements.--The report required by subsection (a) shall
address, at a minimum--
(1) the extent to which major defense contractors
have internal ethics programs in place;
(2) the extent to which the ethics programs
described in paragraph (1) include--
(A) the availability of internal
mechanisms, such as hotlines, for contractor
employees to report conduct that may violate
applicable requirements of law or regulation;
(B) notification to contractor employees of
the 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;
(C) notification to contractor employees of
their right to be free from reprisal for
disclosing a substantial violation of law
related to a contract, in accordance with
section 2409 of title 10, United States Code;
(D) ethics training programs for contractor
officers and employees;
(E) internal audit or review programs to
identify and address conduct that may violate
applicable requirements of law or regulation;
(F) self-reporting requirements, under
which contractors report conduct that may
violate applicable requirements of law or
regulation to appropriate government officials;
(G) disciplinary action for contractor
employees whose conduct is determined to have
violated applicable requirements of law or
regulation; and
(H) appropriate management oversight to
ensure the successful implementation of such
ethics programs;
(3) the extent to which the Department of Defense
monitors or approves the ethics programs of major
defense contractors; and
(4) the advantages and disadvantages of legislation
requiring that defense contractors develop internal
ethics programs and requiring that specific elements be
included in such ethics programs.
(c) Access to Information.--In accordance with the contract
clause required pursuant to section 2313(c) of title 10, United
States Code, each major defense contractor shall provide the
Comptroller General access to information requested by the
Comptroller General that is within the scope of the report
required by this section.
(d) Major Defense Contractor Defined.--In this section, the
term ``major defense contractor'' means any company that was
awarded contracts by the Department of Defense during fiscal
year 2006 in amounts totaling more than $500,000,000.
SEC. 849. CONTINGENCY CONTRACTING TRAINING FOR PERSONNEL OUTSIDE THE
ACQUISITION WORKFORCE AND EVALUATIONS OF ARMY
COMMISSION RECOMMENDATIONS.
(a) Training Requirement.--Section 2333 of title 10, United
States Code is amended--
(1) by redesignating subsection (e) as subsection
(f); and
(2) by inserting after subsection (d) the following
new subsection (e):
``(e) Training for Personnel Outside Acquisition
Workforce.--(1) The joint policy for requirements definition,
contingency program management, and contingency contracting
required by subsection (a) shall provide for training of
military personnel outside the acquisition workforce (including
operational field commanders and officers performing key staff
functions for operational field commanders) who are expected to
have acquisition responsibility, including oversight duties
associated with contracts or contractors, during combat
operations, post-conflict operations, and contingency
operations.
``(2) Training under paragraph (1) shall be sufficient to
ensure that the military personnel referred to in that
paragraph understand the scope and scale of contractor support
they will experience in contingency operations and are prepared
for their roles and responsibilities with regard to
requirements definition, program management (including
contractor oversight), and contingency contracting.
``(3) The joint policy shall also provide for the
incorporation of contractors and contract operations in mission
readiness exercises for operations that will include
contracting and contractor support.''.
(b) Organizational Requirements.--
(1) Evaluation by the secretary of defense.--The
Secretary of Defense, in consultation with the Chairman
of the Joint Chiefs of Staff, shall evaluate the
recommendations included in the report of the
Commission on Army Acquisition and Program Management
in Expeditionary Operations and shall determine the
extent to which such recommendations are applicable to
the other Armed Forces. Not later than 120 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit a report to the congressional
defense committees with the conclusions of this
evaluation and a description of the Secretary's plans
for implementing the Commission's recommendations for
Armed Forces other than the Army.
(2) Evaluation by the secretary of the army.--The
Secretary of the Army, in consultation with the Chief
of Staff of the Army, shall evaluate the
recommendations included in the report of the
Commission on Army Acquisition and Program Management
in Expeditionary Operations. Not later than 120 days
after the date of the enactment of this Act, the
Secretary of the Army shall submit to the congressional
defense committees a report detailing the Secretary's
plans for implementation of the recommendations of the
Commission. The report shall include the following:
(A) For each recommendation that has been
implemented, or that the Secretary plans to
implement--
(i) a summary of all actions that
have been taken to implement such
recommendation; and
(ii) a schedule, with specific
milestones, for completing the
implementation of such recommendation.
(B) For each recommendation that the
Secretary has not implemented and does not plan
to implement--
(i) the reasons for the decision
not to implement such recommendation;
and
(ii) a summary of any alternative
actions the Secretary plans to take to
address the purposes underlying such
recommendation.
(C) For each recommendation that would
require legislation to implement, the
Secretary's recommendations regarding such
legislation.
(c) Comptroller General Report.--Section 854(c) of the John
Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2346) is amended by adding at
the end the following new paragraph:
``(3) Comptroller general report.--Not later than
180 days after the date on which the Secretary of
Defense submits the final report required by paragraph
(2), the Comptroller General of the United States
shall--
``(A) review the joint policies developed
by the Secretary, including the implementation
of such policies; and
``(B) submit to the Committees on Armed
Services of the Senate and the House of
Representatives a report on the extent to which
such policies, and the implementation of such
policies, comply with the requirements of
section 2333 of title 10, United States Code
(as so amended).''.
Subtitle E--Acquisition Workforce Provisions
SEC. 851. REQUIREMENT FOR SECTION ON DEFENSE ACQUISITION WORKFORCE IN
STRATEGIC HUMAN CAPITAL PLAN.
(a) In General.--In the update of the strategic human
capital plan for 2008, and in each subsequent update, the
Secretary of Defense shall include a separate section focused
on the defense acquisition workforce, including both military
and civilian personnel.
(b) Funding.--The section shall contain--
(1) an identification of the funding programmed for
defense acquisition workforce improvements, including a
specific identification of funding provided in the
Department of Defense Acquisition Workforce Fund
established under section 1705 of title 10, United
States Code (as added by section 852 of this Act);
(2) an identification of the funding programmed for
defense acquisition workforce training in the future-
years defense program, including a specific
identification of funding provided by the acquisition
workforce training fund established under section
37(h)(3) of the Office of Federal Procurement Policy
Act (41 U.S.C. 433(h)(3));
(3) a description of how the funding identified
pursuant to paragraphs (1) and (2) will be implemented
during the fiscal year concerned to address the areas
of need identified in accordance with subsection (c);
(4) a statement of whether the funding identified
under paragraphs (1) and (2) is being fully used; and
(5) a description of any continuing shortfall in
funding available for the defense acquisition
workforce.
(c) Areas of Need.--The section also shall identify any
areas of need in the defense acquisition workforce, including--
(1) gaps in the skills and competencies of the
current or projected defense acquisition workforce;
(2) changes to the types of skills needed in the
current or projected defense acquisition workforce;
(3) incentives to retain in the defense acquisition
workforce qualified, experienced defense acquisition
workforce personnel; and
(4) incentives for attracting new, high-quality
personnel to the defense acquisition workforce.
(d) Strategic Human Capital Plan Defined.--In this section,
the term ``strategic human capital plan'' means the strategic
human capital plan required under section 1122 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 119 Stat. 3452; 10 U.S.C. prec. 1580 note).
SEC. 852. DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND.
(a) In General.--
(1) Establishment of fund.--Chapter 87 of title 10,
United States Code, is amended by inserting after
section 1704 the following new section:
``Sec. 1705. Department of Defense Acquisition Workforce Development
Fund
``(a) Establishment.--The Secretary of Defense shall
establish a fund to be known as the `Department of Defense
Acquisition Workforce Fund' (in this section referred to as the
`Fund') to provide funds, in addition to other funds that may
be available, for the recruitment, training, and retention of
acquisition personnel of the Department of Defense.
``(b) Purpose.--The purpose of the Fund is to ensure that
the Department of Defense acquisition workforce has the
capacity, in both personnel and skills, needed to properly
perform its mission, provide appropriate oversight of
contractor performance, and ensure that the Department receives
the best value for the expenditure of public resources.
``(c) Management.--The Fund shall be managed by a senior
official of the Department of Defense designated by the Under
Secretary of Defense for Acquisition, Technology, and Logistics
for that purpose, from among persons with an extensive
background in management relating to acquisition and personnel.
``(d) Elements.--
``(1) In general.--The Fund shall consist of
amounts as follows:
``(A) Amounts credited to the Fund under
paragraph (2).
``(B) Any other amounts appropriated to,
credited to, or deposited into the Fund by law.
``(2) Credits to the fund.--(A) There shall be
credited to the Fund an amount equal to the applicable
percentage for a fiscal year of all amounts expended by
the Department of Defense in such fiscal year for
contract services, other than services relating to
research and development and services relating to
military construction.
``(B) Not later than 30 days after the end of the
third fiscal year quarter of fiscal year 2008, and 30
days after the end of each fiscal year quarter
thereafter, the head of each military department and
Defense Agency shall remit to the Secretary of Defense
an amount equal to the applicable 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).
``(C) For purposes of this paragraph, the
applicable percentage for a fiscal year is a percentage
as follows:
``(i) For fiscal year 2008, 0.5 percent.
``(ii) For fiscal year 2009, 1 percent.
``(iii) For fiscal year 2010, 1.5 percent.
``(iv) For any fiscal year after fiscal
year 2010, 2 percent.
``(D) The Secretary of Defense may reduce a
percentage established in subparagraph (C) for any
fiscal year, if he determines that the application of
such percentage would result in the crediting of an
amount greater than is reasonably needed for the
purpose of the Fund. In no event may the Secretary
reduce a percentage for any fiscal year below a
percentage that results in the deposit in a fiscal year
of an amount equal to the following:
``(i) For fiscal year 2008, $300,000,000.
``(ii) For fiscal year 2009, $400,000,000.
``(iii) For fiscal year 2010, $500,000,000.
``(iv) For any fiscal year after fiscal
year 2010, $600,000,000.
``(e) Availability of Funds.--
``(1) In general.--Subject to the provisions of
this subsection, amounts in the Fund shall be available
to the Secretary of Defense for expenditure, or for
transfer to a military department or Defense Agency,
for the recruitment, training, and retention of
acquisition personnel of the Department of Defense for
the purpose of the Fund, including for the provision of
training and retention incentives to the acquisition
workforce of the Department.
``(2) Prohibition.--Amounts in the Fund may not be
obligated for any purpose other than purposes described
in paragraph (1) or otherwise in accordance with this
subsection.
``(3) Guidance.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics, acting through
the senior official designated to manage the Fund,
shall issue guidance for the administration of the
Fund. Such guidance shall include provisions--
``(A) identifying areas of need in the
acquisition workforce for which amounts in the
Fund may be used, including--
``(i) changes to the types of
skills needed in the acquisition
workforce;
``(ii) incentives to retain in the
acquisition workforce qualified,
experienced acquisition workforce
personnel; and
``(iii) incentives for attracting
new, high-quality personnel to the
acquisition workforce;
``(B) describing the manner and timing for
applications for amounts in the Fund to be
submitted;
``(C) describing the evaluation criteria to
be used for approving or prioritizing
applications for amounts in the Fund in any
fiscal year; and
``(D) describing measurable objectives of
performance for determining whether amounts in
the Fund are being used in compliance with this
section.
``(4) Limitation on payments to or for
contractors.--Amounts in the Fund shall not be
available for payments to contractors or contractor
employees, other than for the purpose of providing
advanced training to Department of Defense employees.
``(5) Prohibition on payment of base salary of
current employees.--Amounts in the Fund may not be used
to pay the base salary of any person who was an
employee of the Department as of the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2008.
``(6) Duration of availability.--Amounts credited
to the Fund under subsection (d)(2) shall remain
available for expenditure in the fiscal year for which
credited and the two succeeding fiscal years.
``(f) Annual Report.--Not later than 60 days after the end
of each fiscal year beginning with fiscal year 2008, the
Secretary of Defense shall submit to the congressional defense
committees a report on the operation of the Fund during such
fiscal year. Each report shall include, for the fiscal year
covered by such report, the following:
``(1) A statement of the amounts remitted to the
Secretary for crediting to the Fund for such fiscal
year by each military department and Defense Agency,
and a statement of the amounts credited to the Fund for
such fiscal year.
``(2) A description of the expenditures made from
the Fund (including expenditures following a transfer
of amounts in the Fund to a military department or
Defense Agency) in such fiscal year, including the
purpose of such expenditures.
``(3) A description and assessment of improvements
in the Department of Defense acquisition workforce
resulting from such expenditures.
``(4) Recommendations for additional authorities to
fulfill the purpose of the Fund.
``(5) A statement of the balance remaining in the
Fund at the end of such fiscal year.
``(g) Acquisition Workforce Defined.--In this section, the
term `acquisition workforce' means personnel in positions
designated under section 1721 of this title as acquisition
positions for purposes of this chapter.''.
(2) Clerical amendment.--The table of sections at
the beginning of subchapter I of such chapter is
amended by inserting after the item relating to section
1704 the following new item:
``1705. Department of Defense Acquisition Workforce Development Fund.''.
(b) Effective Date.--Section 1705 of title 10, United
States Code, as added by subsection (a), shall take effect on
the date of the enactment of this Act.
SEC. 853. EXTENSION OF AUTHORITY TO FILL SHORTAGE CATEGORY POSITIONS
FOR CERTAIN FEDERAL ACQUISITION POSITIONS.
Section 1413(b) of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1665) is
amended by striking ``September 30, 2007'' and inserting
``September 30, 2012''.
SEC. 854. REPEAL OF SUNSET OF ACQUISITION WORKFORCE TRAINING FUND.
Section 37(h)(3) of the Office of Federal Procurement
Policy Act (41 U.S.C. 433(h)(3)) is amended by striking
subparagraph (H).
SEC. 855. FEDERAL ACQUISITION WORKFORCE IMPROVEMENTS.
(a) Associate Administrator for Acquisition Workforce
Programs.--The Administrator for Federal Procurement Policy
shall designate a member of the Senior Executive Service as the
Associate Administrator for Acquisition Workforce Programs. The
Associate Administrator for Acquisition Workforce Programs
shall be located in the Federal Acquisition Institute (or its
successor). The Associate Administrator shall be responsible
for--
(1) supervising the acquisition workforce training
fund established under section 37(h)(3) of the Office
of Federal Procurement Policy Act (41 U.S.C.
433(h)(3));
(2) developing, in coordination with Chief
Acquisition Officers and Chief Human Capital Officers,
a strategic human capital plan for the acquisition
workforce of the Federal Government;
(3) reviewing and providing input to individual
agency acquisition workforce succession plans;
(4) recommending to the Administrator and other
senior government officials appropriate programs,
policies, and practices to increase the quantity and
quality of the Federal acquisition workforce; and
(5) carrying out such other functions as the
Administrator may assign.
(b) Acquisition and Contracting Training Programs Within
Executive Agencies.--
(1) Requirement.--The head of each executive
agency, after consultation with the Associate
Administrator for Acquisition Workforce Programs, shall
establish and operate acquisition and contracting
training programs. Such programs shall--
(A) have curricula covering a broad range
of acquisition and contracting disciplines
corresponding to the specific acquisition and
contracting needs of the agency involved;
(B) be developed and applied according to
rigorous standards; and
(C) be designed to maximize efficiency,
through the use of self-paced courses, online
courses, on-the-job training, and the use of
remote instructors, wherever such features can
be applied without reducing the effectiveness
of the training or negatively affecting
academic standards.
(2) Chief acquisition officer authorities and
responsibilities.--Subject to the authority, direction,
and control of the head of an executive agency, the
Chief Acquisition Officer for such agency shall carry
out all powers, functions, and duties of the head of
the agency with respect to implementation of this
subsection. The Chief Acquisition Officer shall ensure
that the policies established by the head of the agency
in accordance with this subsection are implemented
throughout the agency.
(c) Government-Wide Policies and Evaluation.--The
Administrator for Federal Procurement Policy shall issue
policies to promote the development of performance standards
for training and uniform implementation of this section by
executive agencies, with due regard for differences in program
requirements among agencies that may be appropriate and
warranted in view of the agency mission. The Administrator
shall evaluate the implementation of the provisions of
subsection (b) by executive agencies.
(d) Acquisition and Contracting Training Reporting.--The
Administrator for Federal Procurement Policy shall ensure that
the heads of executive agencies collect and maintain
standardized information on the acquisition and contracting
workforce related to the implementation of subsection (b).
(e) Acquisition Workforce Human Capital Succession Plan.--
(1) In general.--Not later than 1 year after the
date of the enactment of this Act, each Chief
Acquisition Officer for an executive agency shall
develop, in consultation with the Chief Human Capital
Officer for the agency and the Associate Administrator
for Acquisition Workforce Programs, a succession plan
consistent with the agency's strategic human capital
plan for the recruitment, development, and retention of
the agency's acquisition workforce, with a particular
focus on warranted contracting officers and program
managers of the agency.
(2) Content of plan.--The acquisition workforce
succession plan shall address--
(A) recruitment goals for personnel from
procurement intern programs;
(B) the agency's acquisition workforce
training needs;
(C) actions to retain high performing
acquisition professionals who possess critical
relevant skills;
(D) recruitment goals for personnel from
the Federal Career Intern Program; and
(E) recruitment goals for personnel from
the Presidential Management Fellows Program.
(f) Training in the Acquisition of Architect and
Engineering Services.--The Administrator for Federal
Procurement Policy shall ensure that a sufficient number of
Federal employees are trained in the acquisition of architect
and engineering services.
(g) Utilization of Recruitment and Retention Authorities.--
The Administrator for Federal Procurement Policy, in
coordination with the Director of the Office of Personnel
Management, shall encourage executive agencies to utilize
existing authorities, including direct hire authority and
tuition assistance programs, to recruit and retain acquisition
personnel and consider recruiting acquisition personnel who may
be retiring from the private sector, consistent with existing
laws and regulations.
(h) Definitions.--In this section:
(1) Executive agency.--The term ``executive
agency'' has the meaning provided in section 4(1) of
the Office of Federal Procurement Policy Act (41 U.S.C.
403(1)).
(2) Chief acquisition officer.--The term ``Chief
Acquisition Officer'' means a Chief Acquisition Officer
for an executive agency appointed pursuant to section
16 of the Office of Federal Procurement Policy Act (41
U.S.C. 414).
Subtitle F--Contracts in Iraq and Afghanistan
SEC. 861. MEMORANDUM OF UNDERSTANDING ON MATTERS RELATING TO
CONTRACTING.
(a) Memorandum of Understanding Required.--The Secretary of
Defense, the Secretary of State, and the Administrator of the
United States Agency for International Development shall, not
later than July 1, 2008, enter into a memorandum of
understanding regarding matters relating to contracting for
contracts in Iraq or Afghanistan.
(b) Matters Covered.--The memorandum of understanding
required by subsection (a) shall address, at a minimum, the
following:
(1) Identification of the major categories of
contracts in Iraq or Afghanistan being awarded by the
Department of Defense, the Department of State, or the
United States Agency for International Development.
(2) Identification of the roles and
responsibilities of each department or agency for
matters relating to contracting for contracts in Iraq
or Afghanistan.
(3) Responsibility for establishing procedures for,
and the coordination of, movement of contractor
personnel in Iraq or Afghanistan.
(4) Identification of common databases that will
serve as repositories of information on contracts in
Iraq or Afghanistan and contractor personnel in Iraq or
Afghanistan, including agreement on the elements to be
included in the databases, including, at a minimum--
(A) with respect to each contract--
(i) a brief description of the
contract (to the extent consistent with
security considerations);
(ii) the total value of the
contract; and
(iii) whether the contract was
awarded competitively; and
(B) with respect to contractor personnel--
(i) the total number of personnel
employed on contracts in Iraq or
Afghanistan;
(ii) the total number of personnel
performing security functions under
contracts in Iraq or Afghanistan; and
(iii) the total number of personnel
working under contracts in Iraq or
Afghanistan who have been killed or
wounded.
(5) Responsibility for maintaining and updating
information in the common databases identified under
paragraph (4).
(6) Responsibility for the collection and referral
to the appropriate Government agency of any information
relating to offenses under chapter 47 of title 10,
United States Code (the Uniform Code of Military
Justice) or chapter 212 of title 18, United States Code
(commonly referred to as the Military Extraterritorial
Jurisdiction Act), including a clarification of
responsibilities under section 802(a)(10) of title 10,
United States Code (article 2(a) of the Uniform Code of
Military Justice), as amended by section 552 of the
John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364).
(c) Implementation of Memorandum of Understanding.--Not
later than 120 days after the memorandum of understanding
required by subsection (a) is signed, the Secretary of Defense,
the Secretary of State, and the Administrator of the United
States Agency for International Development shall issue such
policies or guidance and prescribe such regulations as are
necessary to implement the memorandum of understanding for the
relevant matters pertaining to their respective agencies.
(d) Copies Provided to Congress.--
(1) Memorandum of understanding.--Copies of the
memorandum of understanding required by subsection (a)
shall be provided to the relevant committees of
Congress within 30 days after the memorandum is signed.
(2) Report on implementation.--Not later than 180
days after the memorandum of understanding required by
subsection (a) is signed, the Secretary of Defense, the
Secretary of State, and the Administrator of the United
States Agency for International Development shall each
provide a report to the relevant committees of Congress
on the implementation of the memorandum of
understanding.
(3) Databases.--The Secretary of Defense, the
Secretary of State, or the Administrator of the United
States Agency for International Development shall
provide access to the common databases identified under
subsection (b)(4) to the relevant committees of
Congress.
(4) Contracts.--Effective on the date of the
enactment of this Act, copies of any contracts in Iraq
or Afghanistan awarded after December 1, 2007, shall be
provided to any of the relevant committees of Congress
within 15 days after the submission of a request for
such contract or contracts from such committee to the
department or agency managing the contract.
SEC. 862. CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS IN AREAS OF
COMBAT OPERATIONS.
(a) Regulations on Contractors Performing Private Security
Functions.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of
Defense, in coordination with the Secretary of State,
shall prescribe regulations on the selection, training,
equipping, and conduct of personnel performing private
security functions under a covered contract in an area
of combat operations.
(2) Elements.--The regulations prescribed under
subsection (a) shall, at a minimum, establish--
(A) a process for registering, processing,
accounting for, and keeping appropriate records
of personnel performing private security
functions in an area of combat operations;
(B) a process for authorizing and
accounting for weapons to be carried by, or
available to be used by, personnel performing
private security functions in an area of combat
operations;
(C) a process for the registration and
identification of armored vehicles,
helicopters, and other military vehicles
operated by contractors performing private
security functions in an area of combat
operations;
(D) a process under which contractors are
required to report all incidents, and persons
other than contractors are permitted to report
incidents, in which--
(i) a weapon is discharged by
personnel performing private security
functions in an area of combat
operations;
(ii) personnel performing private
security functions in an area of combat
operations are killed or injured; or
(iii) persons are killed or
injured, or property is destroyed, as a
result of conduct by contractor
personnel;
(E) a process for the independent review
and, if practicable, investigation of--
(i) incidents reported pursuant to
subparagraph (D); and
(ii) incidents of alleged
misconduct by personnel performing
private security functions in an area
of combat operations;
(F) requirements for qualification,
training, screening (including, if practicable,
through background checks), and security for
personnel performing private security functions
in an area of combat operations;
(G) guidance to the commanders of the
combatant commands on the issuance of--
(i) orders, directives, and
instructions to contractors performing
private security functions relating to
equipment, force protection, security,
health, safety, or relations and
interaction with locals;
(ii) predeployment training
requirements for personnel performing
private security functions in an area
of combat operations, addressing the
requirements of this section, resources
and assistance available to contractor
personnel, country information and
cultural training, and guidance on
working with host country nationals and
military; and
(iii) rules on the use of force for
personnel performing private security
functions in an area of combat
operations;
(H) a process by which a commander of a
combatant command may request an action
described in subsection (b)(3); and
(I) a process by which the training
requirements referred to in subparagraph
(G)(ii) shall be implemented.
(3) Availability of orders, directives, and
instructions.--The regulations prescribed under
subsection (a) shall include mechanisms to ensure the
provision and availability of the orders, directives,
and instructions referred to in paragraph (2)(G)(i) to
contractors referred to in that paragraph, including
through the maintenance of a single location (including
an Internet website, to the extent consistent with
security considerations) at or through which such
contractors may access such orders, directives, and
instructions.
(b) Contract Clause on Contractors Performing Private
Security Functions.--
(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 (41 U.S.C. 421) shall be revised to require
the insertion into each covered contract (or, in the
case of a task order, the contract under which the task
order is issued) of a contract clause addressing the
selection, training, equipping, and conduct of
personnel performing private security functions under
such contract.
(2) Clause requirement.--The contract clause
required by paragraph (1) shall require, at a minimum,
that the contractor concerned shall--
(A) comply with regulations prescribed
under subsection (a), including any revisions
or updates to such regulations, and follow the
procedures established in such regulations
for--
(i) registering, processing,
accounting for, and keeping appropriate
records of personnel performing private
security functions in an area of combat
operations;
(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;
(iii) registration and
identification of armored vehicles,
helicopters, and other military
vehicles operated by contractors and
subcontractors performing private
security functions in an area of combat
operations; and
(iv) the reporting of incidents in
which--
(I) a weapon is discharged
by personnel performing private
security functions in an area
of combat operations;
(II) personnel performing
private security functions in
an area of combat operations
are killed or injured; or
(III) persons are killed or
injured, or property is
destroyed, as a result of
conduct by contractor
personnel;
(B) ensure that all personnel performing
private security functions under such contract
are briefed on and understand their obligation
to comply with--
(i) qualification, training,
screening (including, if practicable,
through background checks), and
security requirements established by
the Secretary of Defense for personnel
performing private security functions
in an area of combat operations;
(ii) applicable laws and
regulations of the United States and
the host country, and applicable
treaties and international agreements,
regarding the performance of the
functions of the contractor;
(iii) orders, directives, and
instructions issued by the applicable
commander of a combatant command
relating to equipment, force
protection, security, health, safety,
or relations and interaction with
locals; and
(iv) rules on the use of force
issued by the applicable commander of a
combatant command for personnel
performing private security functions
in an area of combat operations; and
(C) cooperate with any investigation
conducted by the Department of Defense pursuant
to subsection (a)(2)(E) by providing access to
employees of the contractor and relevant
information in the possession of the contractor
regarding the incident concerned.
(3) Noncompliance of personnel with clause.--The
contracting officer for a covered contract may direct
the contractor, at its own expense, to remove or
replace any personnel performing private security
functions in an area of combat operations who violate
or fail to comply with applicable requirements of the
clause required by this subsection. If the violation or
failure to comply is a gross violation or failure or is
repeated, the contract may be terminated for default.
(4) Applicability.--The contract clause required by
this subsection shall be included in all covered
contracts awarded on or after the date that is 180 days
after the date of the enactment of this Act. Federal
agencies shall make best efforts to provide for the
inclusion of the contract clause required by this
subsection in covered contracts awarded before such
date.
(5) Inspector general report on pilot program on
imposition of fines for noncompliance of personnel with
clause.--Not later than March 30, 2008, the Inspector
General of the Department of Defense shall submit to
Congress a report assessing the feasibility and
advisability of carrying out a pilot program for the
imposition of fines on contractors for personnel who
violate or fail to comply with applicable requirements
of the clause required by this section as a mechanism
for enhancing the compliance of such personnel with the
clause. The report shall include--
(A) an assessment of the feasibility and
advisability of carrying out the pilot program;
and
(B) if the Inspector General determines
that carrying out the pilot program is feasible
and advisable--
(i) recommendations on the range of
contracts and subcontracts to which the
pilot program should apply; and
(ii) a schedule of fines to be
imposed under the pilot program for
various types of personnel actions or
failures.
(c) Areas of Combat Operations.--
(1) Designation.--The Secretary of Defense shall
designate the areas constituting an area of combat
operations for purposes of this section by not later
than 120 days after the date of the enactment of this
Act.
(2) Particular areas.--Iraq and Afghanistan shall
be included in the areas designated as an area of
combat operations under paragraph (1).
(3) Additional areas.--The Secretary may designate
any additional area as an area constituting an area of
combat operations for purposes of this section if the
Secretary 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.
(4) Modification or elimination of designation.--
The Secretary may modify or cease the designation of an
area under this subsection as an area of combat
operations if the Secretary determines that combat
operations are no longer ongoing in such area.
(d) Exception.--The requirements of this section shall not
apply to contracts entered into by elements of the intelligence
community in support of intelligence activities.
SEC. 863. COMPTROLLER GENERAL REVIEWS AND REPORTS ON CONTRACTING IN
IRAQ AND AFGHANISTAN.
(a) Reviews and Reports Required.--
(1) In general.--Every 12 months, the Comptroller
General shall review contracts in Iraq or Afghanistan
and submit to the relevant committees of Congress a
report on such review.
(2) Matters covered.--A report under this
subsection shall cover the following with respect to
the contracts in Iraq or Afghanistan reviewed for the
report:
(A) Total number of contracts and task
orders awarded during the period covered by the
report.
(B) Total number of active contracts and
task orders.
(C) Total value of all contracts and task
orders awarded during the reporting period.
(D) Total value of active contracts and
task orders.
(E) The extent to which such contracts have
used competitive procedures.
(F) Total number of contractor personnel
working on contracts during the reporting
period.
(G) Total number of contractor personnel,
on average, who are performing security
functions during the reporting period.
(H) The number of contractor personnel
killed or wounded during the reporting period.
(I) Information on any specific contract or
class of contracts that the Comptroller General
determines raises issues of significant
concern.
(3) Submission of reports.--The Comptroller General
shall submit an initial report under this subsection
not later than October 1, 2008, and shall submit an
updated report every year thereafter until October 1,
2010.
(b) Access to Databases on Contracts.--The Secretary of
Defense and the Secretary of State shall provide full access to
the databases described in section 861(b)(4) to the Comptroller
General for purposes of the reviews carried out under this
section.
SEC. 864. DEFINITIONS AND OTHER GENERAL PROVISIONS.
(a) Definitions.--In this subtitle:
(1) Matters relating to contracting.--The term
``matters relating to contracting'', with respect to
contracts in Iraq and Afghanistan, means all matters
relating to awarding, funding, managing, tracking,
monitoring, and providing oversight to contracts and
contractor personnel.
(2) Contract in iraq or afghanistan.--The term
``contract in Iraq or Afghanistan'' means a contract
with the Department of Defense, the Department of
State, or the United States Agency for International
Development, a subcontract at any tier issued under
such a contract, or a task order or delivery order at
any tier issued under such a contract (including a
contract, subcontract, or task order or delivery order
issued by another Government agency for the Department
of Defense, the Department of State, or the United
States Agency for International Development), if the
contract, subcontract, or task order or delivery order
involves work performed in Iraq or Afghanistan for a
period longer than 14 days.
(3) Covered contract.--The term ``covered
contract'' means--
(A) a contract of a Federal agency for the
performance of services in an area of combat
operations, as designated by the Secretary of
Defense under subsection (c) of section 862;
(B) a subcontract at any tier under such a
contract; or
(C) a task order or delivery order issued
under such a contract or subcontract.
(4) Contractor.--The term ``contractor'', with
respect to a covered contract, means the contractor or
subcontractor carrying out the covered contract.
(5) Private security functions.--The term ``private
security functions'' means activities engaged in by a
contractor under a covered contract as follows:
(A) Guarding of personnel, facilities, or
property of a Federal agency, the contractor or
subcontractor, or a third party.
(B) Any other activity for which personnel
are required to carry weapons in the
performance of their duties.
(6) Relevant committees of congress.--The term
``relevant committees of Congress'' means each of the
following committees:
(A) The Committees on Armed Services of the
Senate and the House of Representatives.
(B) The Committee on Homeland Security and
Governmental Affairs of the Senate and the
Committee on Oversight and Government Reform of
the House of Representatives.
(C) The Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs
of the House of Representatives.
(D) For purposes of contracts relating to
the National Foreign Intelligence Program, the
Select Committee on Intelligence of the Senate
and the Permanent Select Committee on
Intelligence of the House of Representatives.
(b) Classified Information.--Nothing in this subtitle shall
be interpreted to require the handling of classified
information or information relating to intelligence sources and
methods in a manner inconsistent with any law, regulation,
executive order, or rule of the House of Representatives or of
the Senate relating to the handling or protection of such
information.
Subtitle G--Defense Materiel Readiness Board
SEC. 871. ESTABLISHMENT OF DEFENSE MATERIEL READINESS BOARD.
(a) Establishment.--Not later than six months after the
date of the enactment of this Act, the Secretary of Defense
shall establish a Defense Materiel Readiness Board (in this
subtitle referred to as the ``Board'') within the Office of the
Secretary of Defense.
(b) Membership.--The Secretary shall appoint the chairman
and the members of the Board from among officers of the Armed
Forces with expertise in matters relevant to the function of
the Board to assess materiel readiness and evaluate plans and
policies relating to materiel readiness. At a minimum, the
Board shall include representatives of the Joint Chiefs of
Staff, each of the Armed Forces, and each of the reserve
components of the Armed Forces.
(c) Staff.--The Secretary of Defense shall assign staff,
and request the Secretaries of the military departments to
assign staff, as necessary to assist the Board in carrying out
its duties.
(d) Functions.--The Board shall provide independent
assessments of materiel readiness, material readiness
shortfalls, and material readiness plans to the Secretary of
Defense and the Congress. To carry out such functions, the
Board shall--
(1) monitor and assess the materiel readiness of
the Armed Forces;
(2) assist the Secretary of Defense in the
identification of deficiencies in the material
readiness of the Armed Forces caused by shortfalls in
weapons systems, equipment, and supplies;
(3) identify shortfalls in materiel readiness,
including critical materiel readiness shortfalls, for
purposes of the Secretary's designations under section
872 and the funding needed to address such shortfalls;
(4) assess the adequacy of current Department of
Defense plans, policies, and programs to address
shortfalls in materiel readiness, including critical
materiel readiness shortfalls (as designated by the
Secretary under section 872), and to sustain and
improve materiel readiness;
(5) assist the Secretary of Defense in determining
whether the industrial capacity of the Department of
Defense and of the defense industrial base is being
best utilized to support the materiel readiness needs
of the Armed Forces;
(6) review and assess Department of Defense systems
for measuring the status of current materiel readiness
of the Armed Forces; and
(7) make recommendations with respect to materiel
readiness funding, measurement techniques, plans,
policies, and programs.
(e) Reports.--The Board shall submit to the Secretary of
Defense a report summarizing its findings and recommendations
not less than once every six months. Within 30 days after
receiving a report from the Board, the Secretary shall forward
the report in its entirety, together with his comments, to the
congressional defense committees. The report shall be submitted
in unclassified form. To the extent necessary, the report may
be accompanied by a classified annex.
SEC. 872. CRITICAL MATERIEL READINESS SHORTFALLS.
(a) Designation of Critical Materiel Readiness
Shortfalls.--
(1) Designation.--The Secretary of Defense may
designate any requirement of the Armed Forces for
equipment or supplies as a critical materiel readiness
shortfall if there is a shortfall in the required
equipment or supplies that materially reduces readiness
of the Armed Forces and that--
(A) cannot be adequately addressed by
identifying acceptable substitute capabilities
or cross leveling of equipment that does not
unacceptably reduce the readiness of other
Armed Forces; and
(B) that is likely to persist for more than
two years based on currently projected budgets
and schedules for deliveries of equipment and
supplies.
(2) Consideration of board findings and
recommendations.--In making any such designation, the
Secretary shall take into consideration the findings
and recommendations of the Defense Materiel Readiness
Board.
(b) Measures To Address Critical Materiel Readiness
Shortfalls.--The Secretary of Defense shall ensure that
critical materiel readiness shortfalls designated pursuant to
subsection (a)(1) are transmitted to the relevant officials of
the Department of Defense responsible for requirements,
budgets, and acquisition, and that such officials prioritize
and address such shortfalls in the shortest time frame
practicable.
(c) Transfer Authority.--
(1) In general.--The amounts of authorizations that
the Secretary may transfer under the authority of
section 1001 of this Act is hereby increased by
$2,000,000,000.
(2) Limitations.--The additional transfer authority
provided by this section--
(A) may be made only from authorizations to
the Department of Defense for fiscal year 2008;
(B) may be exercised solely for the purpose
of addressing critical materiel readiness
shortfalls as designated by the Secretary of
Defense under subsection (a); and
(C) is subject to the same terms,
conditions, and procedures as other transfer
authority under section 1001 of this Act.
(d) Strategic Readiness Fund.--
(1) Establishment.--There is established on the
books of the Treasury a fund to be known as the
Department of Defense Strategic Readiness Fund (in this
subsection referred to as the ``Fund''), which shall be
administered by the Secretary of the Treasury.
(2) Purposes.--The Fund shall be used to address
critical materiel readiness shortfalls as designated by
the Secretary of Defense under subsection (a).
(3) Assets of fund.--There shall be deposited into
the Fund any amount appropriated to the Fund, which
shall constitute the assets of the Fund.
(4) Limitation.--The procurement unit cost (as
defined in section 2432(a) of title 10, United States
Code) of any item purchased using assets of the Fund,
whether such assets are in the Fund or after such
assets have been transferred from the Fund using the
authority provided in subsection (c), shall not exceed
$30,000,000.
(e) Multiyear Contract Notification.--
(1) Notification.--If the Secretary of a military
department makes the determination described in
paragraph (2) with respect to the use of a multiyear
contract, the Secretary shall notify the congressional
defense committees within 30 days of the determination
and provide a detailed description of the proposed
multiyear contract.
(2) Determination.--The determination referred to
in paragraph (1) is a determination by the Secretary of
a military department that the use of a multiyear
contract to procure an item to address a critical
materiel readiness shortfall--
(A) will significantly accelerate efforts
to address a critical materiel readiness
shortfall;
(B) will provide savings compared to the
total anticipated costs of carrying out the
contract through annual contracts; and
(C) will serve the interest of national
security.
(f) Definition.--In this section, the term ``critical
materiel readiness shortfall'' means a critical materiel
readiness shortfall designated by the Secretary of Defense
under this section.
Subtitle H--Other Matters
SEC. 881. CLEARINGHOUSE FOR RAPID IDENTIFICATION AND DISSEMINATION OF
COMMERCIAL INFORMATION TECHNOLOGIES.
(a) Requirement To Establish Clearinghouse.--Not later than
180 days after the date of the enactment of this Act, the
Secretary of Defense, acting through the Assistant Secretary of
Defense for Networks and Information Integration, shall
establish a clearinghouse for identifying, assessing, and
disseminating knowledge about readily available information
technologies (with an emphasis on commercial off-the-shelf
information technologies) that could support the warfighting
mission of the Department of Defense.
(b) Responsibilities.--The clearinghouse established
pursuant to subsection (a) shall be responsible for the
following:
(1) Developing a process to rapidly assess and set
priorities and needs for significant information
technology needs of the Department of Defense that
could be met by commercial technologies, including a
process for--
(A) aligning priorities and needs with the
requirements of the commanders of the combatant
command; and
(B) proposing recommendations to the
commanders of the combatant command of feasible
technical solutions for further evaluation.
(2) Identifying and assessing emerging commercial
technologies (including commercial off-the-shelf
technologies) that could support the warfighting
mission of the Department of Defense, including the
priorities and needs identified pursuant to paragraph
(1).
(3) Disseminating information about commercial
technologies identified pursuant to paragraph (2) to
commanders of combatant commands and other potential
users of such technologies.
(4) Identifying gaps in commercial technologies and
working to stimulate investment in research and
development in the public and private sectors to
address those gaps.
(5) Enhancing internal data and communications
systems of the Department of Defense for sharing and
retaining information regarding commercial technology
priorities and needs, technologies available to meet
such priorities and needs, and ongoing research and
development directed toward gaps in such technologies.
(6) Developing mechanisms, including web-based
mechanisms, to facilitate communications with industry
regarding the priorities and needs of the Department of
Defense identified pursuant to paragraph (1) and
commercial technologies available to address such
priorities and needs.
(7) Assisting in the development of guides to help
small information technology companies with promising
technologies to understand and navigate the funding and
acquisition processes of the Department of Defense.
(8) Developing methods to measure how well
processes developed by the clearinghouse are being
utilized and to collect data on an ongoing basis to
assess the benefits of commercial technologies that are
procured on the recommendation of the clearinghouse.
(c) Personnel.--The Secretary of Defense, acting through
the Assistant Secretary of Defense for Networks and Information
Integration, shall provide for the hiring and support of
employees (including detailees from other components of the
Department of Defense and from other Federal departments or
agencies) to assist in identifying, assessing, and
disseminating information regarding commercial technologies
under this section.
(d) Report to Congress.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on the implementation of this section.
SEC. 882. AUTHORITY TO LICENSE CERTAIN MILITARY DESIGNATIONS AND
LIKENESSES OF WEAPONS SYSTEMS TO TOY AND HOBBY
MANUFACTURERS.
(a) Authority To License Certain Items.--Section 2260 of
title 10, United States Code, is amended--
(1) by redesignating subsections (c), (d), and (e)
as subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following
new subsection:
``(c) Licenses for Qualifying Companies.--(1) The Secretary
concerned may license trademarks, service marks, certification
marks, and collective marks owned or controlled by the
Secretary relating to military designations and likenesses of
military weapons systems to any qualifying company upon receipt
of a request from the company.
``(2) For purposes of paragraph (1), a qualifying company
is any United States company that--
``(A) is a toy or hobby manufacturer; and
``(B) is determined by the Secretary concerned to
be qualified in accordance with such criteria as
determined appropriate by the Secretary of Defense.
``(3) The fee for a license under this subsection shall not
exceed by more than a nominal amount the amount needed to
recover all costs of the Department of Defense in processing
the request for the license and supplying the license.
``(4) A license to a qualifying company under this
subsection shall provide that the license may not be
transferred, sold, or relicensed by the qualifying company.
``(5) A license under this subsection shall not be an
exclusive license.''.
(b) Effective Date.--The Secretary of Defense shall
prescribe regulations to implement the amendment made by this
section not later than 180 days after the date of the enactment
of this Act.
SEC. 883. MODIFICATIONS TO LIMITATION ON CONTRACTS TO ACQUIRE MILITARY
FLIGHT SIMULATOR.
(a) Effect on Existing Contracts.--Section 832 of the John
Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2331) is amended by adding at
the end the following new subsection:
``(e) Effect on Existing Contracts.--The limitation in
subsection (a) does not apply to any service contract of a
military department to acquire a military flight simulator, or
to any renewal or extension of, or follow-on contract to, such
a contract, if--
``(1) the contract was in effect as of October 17,
2006;
``(2) the number of flight simulators to be
acquired under the contract (or renewal, extension, or
follow-on) will not result in the total number of
flight simulators acquired by the military department
concerned through service contracts to exceed the total
number of flight simulators to be acquired under all
service contracts of such department for such
simulators in effect as of October 17, 2006; and
``(3) in the case of a renewal or extension of, or
follow-on contract to, the contract, the Secretary of
the military department concerned provides to the
congressional defense committees a written notice of
the decision to exercise an option to renew or extend
the contract, or to issue a solicitation for bids or
proposals using competitive procedures for a follow-on
contract, and an economic analysis as described in
subsection (c) supporting the decision, at least 30
days before carrying out such decision.''.
(b) Change in Grounds for Waiver.--Section 832(c)(1) of
such Act, as redesignated by subsection (a), is amend by
striking ``necessary for national security purposes'' and
inserting ``in the national interest''.
SEC. 884. REQUIREMENTS RELATING TO WAIVERS OF CERTAIN DOMESTIC SOURCE
LIMITATIONS RELATING TO SPECIALTY METALS.
(a) Notice Requirement.--At least 30 days prior to making a
domestic nonavailability determination pursuant to section
2533b(b) of title 10, United States Code, that would apply to
more than one contract of the Department of Defense, the
Secretary of Defense shall, to the maximum extent practicable
and in a manner consistent with the protection of national
security information and confidential business information--
(1) publish a notice on the website maintained by
the General Services Administration known as
FedBizOpps.gov (or any successor site) of the
Secretary's intent to make the domestic nonavailability
determination; and
(2) solicit information relevant to such notice
from interested parties, including producers of
specialty metal mill products.
(b) Determination.--(1) The Secretary shall take into
consideration all information submitted pursuant to subsection
(a) in making a domestic nonavailability determination pursuant
to section 2533b(b) of title 10, United States Code, that would
apply to more than one contract of the Department of Defense,
and may also consider other relevant information that cannot be
made part of the public record consistent with the protection
of national security information and confidential business
information.
(2) The Secretary shall ensure that any such determination
and the rationale for such determination is made publicly
available to the maximum extent consistent with the protection
of national security information and confidential business
information.
SEC. 885. TELEPHONE SERVICES FOR MILITARY PERSONNEL SERVING IN COMBAT
ZONES.
(a) Competitive Procedures Required.--
(1) Requirement.--When the Secretary of Defense
considers it necessary to provide morale, welfare, and
recreation telephone services for military personnel
serving in combat zones, the Secretary shall use
competitive procedures when entering into a contract to
provide those services.
(2) Review and determination.--Before soliciting
bids or proposals for new contracts, or considering
extensions to existing contracts, to provide morale,
welfare, and recreation telephone services for military
personnel serving in combat zones, the Secretary shall
review and determine whether it is in the best interest
of the Department to require bids or proposals, or
adjustments for the purpose of extending a contract, to
include options that minimize the cost of the telephone
services to individual users while providing individual
users the flexibility of using phone cards from other
than the prospective contractor. The Secretary shall
submit the results of this review and determination to
the Committees on Armed Services of the Senate and the
House of Representatives.
(b) Effective Date.--
(1) Requirement.--Subsection (a)(1) shall apply to
any new contract to provide morale, welfare, and
recreation telephone services for military personnel
serving in combat zones that is entered into after the
date of the enactment of this Act.
(2) Review and determination.--Subsection (a)(2)
shall apply to any new contract or extension to an
existing contract to provide morale, welfare, and
recreation telephone services for military personnel
serving in combat zones that is entered into or agreed
upon after the date of the enactment of this Act.
SEC. 886. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES PRODUCED
IN IRAQ AND AFGHANISTAN.
(a) In General.--In the case of a product or service to be
acquired in support of military operations or stability
operations in Iraq or Afghanistan (including security,
transition, reconstruction, and humanitarian relief activities)
for which the Secretary of Defense makes a determination
described in subsection (b), the Secretary may conduct a
procurement in which--
(1) competition is limited to products or services
that are from Iraq or Afghanistan;
(2) procedures other than competitive procedures
are used to award a contract to a particular source or
sources from Iraq or Afghanistan; or
(3) a preference is provided for products or
services that are from Iraq or Afghanistan.
(b) Determination.--A determination described in this
subsection is a determination by the Secretary that--
(1) the product or service concerned is to be used
only by the military forces, police, or other security
personnel of Iraq or Afghanistan; or
(2) it is in the national security interest of the
United States to limit competition, use procedures
other than competitive procedures, or provide a
preference as described in subsection (a) because--
(A) such limitation, procedure, or
preference is necessary to provide a stable
source of jobs in Iraq or Afghanistan; and
(B) such limitation, procedure, or
preference will not adversely affect--
(i) military operations or
stability operations in Iraq or
Afghanistan; or
(ii) the United States industrial
base.
(c) Products, Services, and Sources From Iraq or
Afghanistan.--For the purposes of this section:
(1) A product is from Iraq or Afghanistan if it is
mined, produced, or manufactured in Iraq or
Afghanistan.
(2) A service is from Iraq or Afghanistan if it is
performed in Iraq or Afghanistan by citizens or
permanent resident aliens of Iraq or Afghanistan.
(3) A source is from Iraq or Afghanistan if it--
(A) is located in Iraq or Afghanistan; and
(B) offers products or services that are
from Iraq or Afghanistan.
SEC. 887. DEFENSE SCIENCE BOARD REVIEW OF DEPARTMENT OF DEFENSE
POLICIES AND PROCEDURES FOR THE ACQUISITION OF
INFORMATION TECHNOLOGY.
(a) Review Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
direct the Defense Science Board to carry out a review of
Department of Defense policies and procedures for the
acquisition of information technology.
(b) Matters To Be Addressed.--The matters addressed by the
review required by subsection (a) shall include the following:
(1) Department of Defense policies and procedures
for acquiring national security systems, business
information systems, and other information technology.
(2) The roles and responsibilities in implementing
such policies and procedures of--
(A) the Under Secretary of Defense for
Acquisition, Technology, and Logistics;
(B) the Chief Information Officer of the
Department of Defense;
(C) the Director of the Business
Transformation Agency;
(D) the service acquisition executives;
(E) the chief information officers of the
military departments;
(F) Defense Agency acquisition officials;
(G) the information officers of the Defense
Agencies; and
(H) the Director of Operational Test and
Evaluation and the heads of the operational
test organizations of the military departments
and the Defense Agencies.
(3) The application of such policies and procedures
to information technologies that are an integral part
of weapons or weapon systems.
(4) The requirements of subtitle III of title 40,
United States Code, and chapter 35 of title 44, United
States Code, regarding performance-based and results-
based management, capital planning, and investment
control in the acquisition of information technology.
(5) Department of Defense policies and procedures
for maximizing the usage of commercial information
technology while ensuring the security of the
microelectronics, software, and networks of the
Department.
(6) The suitability of Department of Defense
acquisition regulations, including Department of
Defense Directive 5000.1 and the accompanying
milestones, to the acquisition of information
technology systems.
(7) The adequacy and transparency of metrics used
by the Department of Defense for the acquisition of
information technology systems.
(8) The effectiveness of existing statutory and
regulatory reporting requirements for the acquisition
of information technology systems.
(9) The adequacy of operational and development
test resources (including infrastructure and
personnel), policies, and procedures to ensure
appropriate testing of information technology systems
both during development and before operational use.
(10) The appropriate policies and procedures for
technology assessment, development, and operational
testing for purposes of the adoption of commercial
technologies into information technology systems.
(c) Report Required.--Not later than one year after the
date of enactment of this Act, the Secretary shall submit to
the 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.
SEC. 888. GREEN PROCUREMENT POLICY.
(a) Sense of Congress.--It is the sense of Congress that
the Department of Defense should establish a system to document
and track the use of environmentally preferable products and
services.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on a plan to increase the usage of
environmentally friendly products that minimize potential
impacts to human health and the environment at all Department
of Defense facilities inside and outside the United States,
including through the direct purchase of products and the
purchase of products by facility maintenance contractors. The
report shall also cover consideration of the budgetary impact
of implementation of the plan.
SEC. 889. COMPTROLLER GENERAL REVIEW OF USE OF AUTHORITY UNDER THE
DEFENSE PRODUCTION ACT OF 1950.
(a) Thorough Review Required.--The Comptroller General of
the United States (in this section referred to as the
``Comptroller'') shall conduct a thorough review of the
application of the Defense Production Act of 1950, covering the
period beginning on the date of the enactment of the Defense
Production Act Reauthorization of 2003 (Public Law 108-195) and
ending on the date of the enactment of this Act.
(b) Considerations.--In conducting the review required by
this section, the Comptroller shall examine--
(1) the relevance and utility of the authorities
provided under the Defense Production Act of 1950 to
meet the security challenges of the 21st Century;
(2) the manner in which the authorities provided
under such Act have been used by the Federal
Government--
(A) to meet security challenges;
(B) to meet current and future defense
requirements;
(C) to meet current and future energy
requirements;
(D) to meet current and future domestic
emergency and disaster response and recovery
requirements;
(E) to reduce the interruption of critical
infrastructure operations during a terrorist
attack, natural catastrophe, or other similar
national emergency; and
(F) to safeguard critical components of the
United States industrial base, including
American aerospace and shipbuilding industries;
(3) the economic impact of foreign offset
contracts;
(4) the relative merit of developing rapid and
standardized systems for use of the authorities
provided under the Defense Production Act of 1950, by
any Federal agency; and
(5) such other issues as the Comptroller determines
relevant.
(c) Report to Congress.--Not later than 150 days after the
date of the enactment of this Act, the Comptroller shall submit
to the Committees on Armed Services and on Banking, Housing,
and Urban Affairs of the Senate and the Committees on Armed
Services and on Financial Services of the House of
Representatives a report on the review conducted under this
section.
(d) Rules of Construction on Protection of Information.--
Notwithstanding any other provision of law--
(1) the provisions of section 705(d) of the Defense
Production Act of 1950 (50 U.S.C. App. 2155(d)) shall
not apply to information sought or obtained by the
Comptroller for purposes of the review required by this
section; and
(2) provisions of law pertaining to the protection
of classified information or proprietary information
otherwise applicable to information sought or obtained
by the Comptroller in carrying out this section shall
not be affected by any provision of this section.
SEC. 890. PREVENTION OF EXPORT CONTROL VIOLATIONS.
(a) Prevention of Export Control Violations.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall prescribe regulations requiring any
contractor under a contract with the Department of Defense to
provide goods or technology that is subject to export controls
under the Arms Export Control Act or the Export Administration
of 1979 (as continued in effect under the International
Emergency Economic Powers Act) to comply with those Acts and
applicable regulations with respect to such goods and
technology, including the International Traffic in Arms
Regulations and the Export Administration Regulations.
Regulations prescribed under this subsection shall include a
contract clause enforcing such requirement.
(b) Training on Export Controls.--The Secretary of Defense
shall ensure that any contractor under a contract with the
Department of Defense to provide goods or technology that is
subject to export controls under the Arms Export Control Act or
the Export Administration of 1979 (as continued in effect under
the International Emergency Economic Powers Act) is made aware
of any relevant resources made available by the Department of
State and the Department of Commerce to assist in compliance
with the requirement established by subsection (a) and the need
for a corporate compliance plan and periodic internal audits of
corporate performance under such plan.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report
assessing the utility of--
(1) requiring defense contractors (or
subcontractors at any tier) to periodically report on
measures taken to ensure compliance with the
International Traffic in Arms Regulations and the
Export Administration Regulations;
(2) requiring periodic audits of defense
contractors (or subcontractors at any tier) to ensure
compliance with all provisions of the International
Traffic in Arms Regulations and the Export
Administration Regulations;
(3) requiring defense contractors to maintain a
corporate training plan to disseminate information to
appropriate contractor personnel regarding the
applicability of the Arms Export Control Act and the
Export Administration Act of 1979; and
(4) requiring a designated corporate liaison,
available for training provided by the United States
Government, whose primary responsibility would be
contractor compliance with the Arms Export Control Act
and the Export Administration Act of 1979.
(d) Definitions.--In this section:
(1) Export administration regulations.--The term
``Export Administration Regulations'' means those
regulations contained in sections 730 through 774 of
title 15, Code of Federal Regulations (or successor
regulations).
(2) International traffic in arms regulations.--The
term ``International Traffic in Arms Regulations''
means those regulations contained in sections 120
through 130 of title 22, Code of Federal Regulations
(or successor regulations).
SEC. 891. PROCUREMENT GOAL FOR NATIVE HAWAIIAN-SERVING INSTITUTIONS AND
ALASKA NATIVE-SERVING INSTITUTIONS.
Section 2323 of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``and'' at the end of
subparagraph (C);
(B) by striking the period at the end of
subparagraph (D) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(E) Native Hawaiian-serving institutions
and Alaska Native-serving institutions (as
defined in section 317 of the Higher Education
Act of 1965).'';
(2) in subsection (a)(2), by inserting after
``Hispanic-serving institutions,'' the following:
``Native Hawaiian-serving institutions and Alaska
Native-serving institutions,'';
(3) in subsection (c)(1), by inserting after
``Hispanic-serving institutions,'' the following:
``Native Hawaiian-serving institutions and Alaska
Native-serving institutions,''; and
(4) in subsection (c)(3), by inserting after
``Hispanic-serving institutions,'' the following: ``to
Native Hawaiian-serving institutions and Alaska Native-
serving institutions,''.
SEC. 892. COMPETITION FOR PROCUREMENT OF SMALL ARMS SUPPLIED TO IRAQ
AND AFGHANISTAN.
(a) Competition Requirement.--For the procurement of
pistols and other weapons described in subsection (b), the
Secretary of Defense shall ensure, consistent with the
provisions of section 2304 of title 10, United States Code,
that--
(1) full and open competition is obtained to the
maximum extent practicable;
(2) no responsible United States manufacturer is
excluded from competing for such procurements; and
(3) products manufactured in the United States are
not excluded from the competition.
(b) Procurements Covered.--This section applies to the
procurement of the following:
(1) Pistols and other weapons less than 0.50
caliber for assistance to the Army of Iraq, the Iraqi
Police Forces, and other Iraqi security organizations.
(2) Pistols and other weapons less than 0.50
caliber for assistance to the Army of Afghanistan, the
Afghani Police Forces, and other Afghani security
organizations.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Repeal of limitation on major Department of Defense
headquarters activities personnel and related report.
Sec. 902. Flexibility to adjust the number of deputy chiefs and
assistant chiefs.
Sec. 903. Change in eligibility requirements for appointment to
Department of Defense leadership positions.
Sec. 904. Management of the Department of Defense.
Sec. 905. Revision in guidance relating to combatant command acquisition
authority.
Sec. 906. Department of Defense Board of Actuaries.
Sec. 907. Modification of background requirement of individuals
appointed as Under Secretary of Defense for Acquisition,
Technology, and Logistics.
Sec. 908. Assistant Secretaries of the military departments for
acquisition matters; principal military deputies.
Sec. 909. Sense of Congress on term of Office of the Director of
Operational Test and Evaluation.
Subtitle B--Space Activities
Sec. 911. Space protection strategy.
Sec. 912. Biennial report on management of space cadre within the
Department of Defense.
Sec. 913. Additional report on oversight of acquisition for defense
space programs.
Subtitle C--Chemical Demilitarization Program
Sec. 921. Chemical demilitarization citizens advisory commissions.
Sec. 922. Sense of Congress on completion of destruction of United
States chemical weapons stockpile.
Sec. 923. Repeal of certain qualifications requirement for director of
chemical demilitarization management organization.
Sec. 924. Modification of termination of assistance to State and local
governments after completion of the destruction of the United
States chemical weapons stockpile.
Subtitle D--Intelligence-Related Matters
Sec. 931. Technical amendments to title 10, United States Code, arising
from enactment of the Intelligence Reform and Terrorism
Prevention Act of 2004.
Subtitle E--Roles and Missions Analysis
Sec. 941. Requirement for quadrennial roles and missions review.
Sec. 942. Joint Requirements Oversight Council additional duties
relating to core mission areas.
Sec. 943. Requirement for certification of major systems prior to
technology development.
Sec. 944. Presentation of future-years mission budget by core mission
area.
Subtitle F--Other Matters
Sec. 951. Department of Defense consideration of effect of climate
change on Department facilities, capabilities, and missions.
Sec. 952. Interagency policy coordination.
Sec. 953. Expansion of employment creditable under service agreements
under National Security Education Program.
Sec. 954. Board of Regents for the Uniformed Services University of the
Health Sciences.
Sec. 955. Establishment of Department of Defense School of Nursing.
Sec. 956. Inclusion of commanders of Western Hemisphere combatant
commands in Board of Visitors of Western Hemisphere Institute
for Security Cooperation.
Sec. 957. Comptroller General assessment of reorganization of the Office
of the Under Secretary of Defense for Policy.
Sec. 958. Report on foreign language proficiency.
Subtitle A--Department of Defense Management
SEC. 901. REPEAL OF LIMITATION ON MAJOR DEPARTMENT OF DEFENSE
HEADQUARTERS ACTIVITIES PERSONNEL AND RELATED
REPORT.
(a) Repeal of Limitation.--
(1) Repeal.--Section 130a of title 10, United
States Code, is repealed.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 3 of such title is amended by
striking the item relating to section 130a.
(b) Report Required.--The Secretary of Defense shall
include a report with the defense budget materials for each
fiscal year that includes the following information:
(1) The average number of military personnel and
civilian employees of the Department of Defense
assigned to major Department of Defense headquarters
activities for each component of the Department of
Defense during the preceding fiscal year.
(2) The total increase in personnel assigned to
major headquarters activities, if any, during the
preceding fiscal year--
(A) attributable to the replacement of
contract personnel with military personnel or
civilian employees of the Department of
Defense, including the number of positions
associated with the replacement of contract
personnel performing inherently governmental
functions; and
(B) attributable to reasons other than the
replacement of contract personnel with military
personnel or civilian employees of the
Department, such as workload or operational
demand increases.
(3) An estimate of the cost savings, if any,
associated with the elimination of contracts for the
performance of major headquarters activities.
(4) The number of military personnel and civilian
employees of the Department of Defense assigned to
major headquarters activities for each component of the
Department of Defense as of October 1 of the preceding
fiscal year.
(c) Definitions.--In this section:
(1) Defense budget materials.--The term ``defense
budget materials'', with respect to a fiscal year,
means the materials submitted to Congress by the
Secretary of Defense in support of the budget for that
fiscal year that is submitted to Congress by the
President under section 1105 of title 31, United States
Code.
(2) Contract personnel.--The term ``contract
personnel'' means persons hired under a contract with
the Department of Defense for the performance of major
Department of Defense headquarters activities.
SEC. 902. FLEXIBILITY TO ADJUST THE NUMBER OF DEPUTY CHIEFS AND
ASSISTANT CHIEFS.
(a) Army.--Section 3035(b) of title 10, United States Code,
is amended to read as follows:
``(b) The Secretary of the Army shall prescribe the number
of Deputy Chiefs of Staff and Assistant Chiefs of Staff, for a
total of not more than eight positions.''.
(b) Navy.--
(1) Deputy chiefs of naval operations.--Section
5036(a) of title 10, United States Code, is amended--
(A) by striking ``There are in the Office
of the Chief of Naval Operations not more than
five Deputy Chiefs of Naval Operations,'' and
inserting ``There are Deputy Chiefs of Naval
Operations in the Office of the Chief of Naval
Operations,''; and
(B) by adding at the end the following:
``The Secretary of the Navy shall prescribe the
number of Deputy Chiefs of Naval Operations
under this section and Assistant Chiefs of
Naval Operations under section 5037 of this
title, for a total of not more than eight
positions.''.
(2) Assistant chiefs of naval operations.--Section
5037(a) of such title is amended--
(A) by striking ``There are in the Office
of the Chief of Naval Operations not more than
three Assistant Chiefs of Naval Operations,''
and inserting ``There are Assistant Chiefs of
Naval Operations in the Office of the Chief of
Naval Operations,''; and
(B) by adding at the end the following:
``The Secretary of the Navy shall prescribe the
number of Assistant Chiefs of Naval Operations
in accordance with section 5036(a) of this
title.''.
(c) Air Force.--Section 8035(b) of title 10, United States
Code, is amended to read as follows:
``(b) The Secretary of the Air Force shall prescribe the
number of Deputy Chiefs of Staff and Assistant Chiefs of Staff,
for a total of not more than eight positions.''.
SEC. 903. CHANGE IN ELIGIBILITY REQUIREMENTS FOR APPOINTMENT TO
DEPARTMENT OF DEFENSE LEADERSHIP POSITIONS.
(a) Secretary of Defense.--Section 113(a) of title 10,
United States Code, is amended by striking ``10'' and inserting
``seven''.
(b) Deputy Secretary of Defense.--Section 132(a) of such
title is amended by striking ``ten'' and inserting ``seven''.
(c) Under Secretary of Defense for Policy.--Section 134(a)
of such title is amended by striking ``10'' and inserting
``seven''.
SEC. 904. MANAGEMENT OF THE DEPARTMENT OF DEFENSE.
(a) Assignment of Management Duties and Designation of a
Chief Management Officer and Deputy Chief Management Officer of
the Department of Defense.--
(1) Establishment of position.--Section 132 of
title 10, United States Code is amended--
(A) by redesignating subsection (c) as
subsection (d); and
(B) by inserting after subsection (b) the
following new subsection (c):
``(c) The Deputy Secretary serves as the Chief Management
Officer of the Department of Defense. The Deputy Secretary
shall be assisted in this capacity by a Deputy Chief Management
Officer, who shall be appointed from civilian life by the
President, by and with the advice and consent of the Senate.''.
(2) Assignment of duties.--
(A) The Secretary of Defense shall assign
duties and authorities relating to the
management of the business operations of the
Department of Defense.
(B) The Secretary shall assign such duties
and authorities to the Chief Management Officer
as are necessary for that official to
effectively and efficiently organize the
business operations of the Department of
Defense.
(C) The Secretary shall assign such duties
and authorities to the Deputy Chief Management
Officer as are necessary for that official to
assist the Chief Management Officer to
effectively and efficiently organize the
business operations of the Department of
Defense.
(D) The Deputy Chief Management Officer
shall perform the duties and have the
authorities assigned by the Secretary under
subparagraph (C) and perform such duties and
have such authorities as are delegated by the
Chief Management Officer.
(3) Executive schedule level iii.--Section 5314 of
title 5, United States Code, is amended by inserting
after the item relating to the Under Secretary of
Defense for Intelligence the following new item:
``Deputy Chief Management Officer of the Department
of Defense.''.
(4) Placement in osd.--Section 131(b)(2) of title
10, United States Code, is amended--
(A) by redesignating paragraphs (3) through
(8) as paragraphs (4) through (9),
respectively; and
(B) by inserting after paragraph (2) the
following new paragraph (3):
``(3) The Deputy Chief Management Officer of the
Department of Defense.''.
(b) Assignment of Management Duties and Designation of the
Chief Management Officers of the Military Departments.--
(1) The Secretary of a military department shall
assign duties and authorities relating to the
management of the business operations of such military
department.
(2) The Secretary of a military department, in
assigning duties and authorities under paragraph (1)
shall designate the Under Secretary of such military
department to have the primary management
responsibility for business operations, to be known in
the performance of such duties as the Chief Management
Officer.
(3) The Secretary shall assign such duties and
authorities to the Chief Management Officer as are
necessary for that official to effectively and
efficiently organize the business operations of the
military department concerned.
(4) The Chief Management Officer of each military
department shall promptly provide such information
relating to the business operations of such department
to the Chief Management Officer and Deputy Chief
Management Officer of the Department of Defense as is
necessary to assist those officials in the performance
of their duties.
(c) Management of Defense Business Transformation Agency.--
Section 192(e)(2) of title 10, United States Code, is amended
by striking ``that the Agency'' and all that follows and
inserting ``that the Director of the Agency shall report
directly to the Deputy Chief Management Officer of the
Department of Defense.''.
(d) Strategic Management Plan Required.--
(1) Requirement.--The Secretary of Defense, acting
through the Chief Management Officer of the Department
of Defense, shall develop a strategic management plan
for the Department of Defense.
(2) Matters covered.--Such plan shall include, at a
minimum, detailed descriptions of--
(A) performance goals and measures for
improving and evaluating the overall efficiency
and effectiveness of the business operations of
the Department of Defense and achieving an
integrated management system for business
support areas within the Department of Defense;
(B) key initiatives to be undertaken by the
Department of Defense to achieve the
performance goals under subparagraph (A),
together with related resource needs;
(C) procedures to monitor the progress of
the Department of Defense in meeting
performance goals and measures under
subparagraph (A);
(D) procedures to review and approve plans
and budgets for changes in business operations,
including any proposed changes to policies,
procedures, processes, and systems, to ensure
the compatibility of such plans and budgets
with the strategic management plan of the
Department of Defense; and
(E) procedures to oversee the development
of, and review and approve, all budget requests
for defense business systems.
(3) Updates.--The Secretary of Defense, acting
through the Chief Management Officer, shall update the
strategic management plan no later than July 1, 2009,
and every two years thereafter and provide a copy to
the Committees on Armed Services of the Senate and the
House of Representatives.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide
to the Committees on Armed Services of the Senate and the House
of Representatives a report on the implementation of this
section and a copy of the strategic management plan required by
subsection (d).
SEC. 905. REVISION IN GUIDANCE RELATING TO COMBATANT COMMAND
ACQUISITION AUTHORITY.
Subparagraph (B) of section 905(b)(1) of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2353) is amended by striking ``and
mutually supportive of''.
SEC. 906. DEPARTMENT OF DEFENSE BOARD OF ACTUARIES.
(a) Establishment.--
(1) In general.--Chapter 7 of title 10, United
States Code, is amended by inserting after section 182
the following new section:
``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').
``(b) Members.--(1) The Board shall consist of three
members who shall be appointed by the Secretary of Defense from
among qualified professional actuaries who are members of the
Society of Actuaries.
``(2) The members of the Board shall serve for a term of 15
years, except that a member of the Board appointed to fill a
vacancy occurring before the end of the term for which the
member's 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.
``(3) A member of the Board may be removed by the Secretary
of Defense only for misconduct or failure to perform functions
vested in the Board.
``(4) A member of the Board who is not an employee of the
United States is entitled to receive pay at the daily
equivalent of the annual rate of basic pay of the highest rate
of basic pay then currently being paid under the General
Schedule of subchapter III of chapter 53 of title 5 for each
day the member is engaged in the performance of the duties of
the Board and is entitled to travel expenses, including a per
diem allowance, in accordance with section 5703 of that title
in connection with such duties.
``(c) Duties.--The Board shall have the following duties:
``(1) To review valuations of the Department of
Defense Military Retirement Fund in accordance with
section 1465(c) of this title and submit to the
President and Congress, not less often than once every
four years, a report on the status of that Fund,
including such recommendations for modifications to the
funding or amortization of that Fund as the Board
considers appropriate and necessary to maintain that
Fund on a sound actuarial basis.
``(2) To review valuations of the Department of
Defense Education Benefits Fund in accordance with
section 2006(e) of this title and make recommendations
to the President and Congress on such modifications to
the funding or amortization of that Fund as the Board
considers appropriate to maintain that Fund on a sound
actuarial basis.
``(3) To review valuations of such other funds as
the 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.
``(d) Records.--The Secretary of Defense shall ensure that
the Board has access to such records regarding the funds
referred to in subsection (c) as the Board shall require to
determine the actuarial status of such funds.
``(e) Reports.--(1) The Board shall submit to the Secretary
of Defense on an annual basis a report on the actuarial status
of each of the following:
``(A) The Department of Defense Military Retirement
Fund.
``(B) The Department of Defense Education Benefits
Fund.
``(C) Each other fund specified by Secretary under
subsection (c)(3).
``(2) The Board shall also furnish its advice and opinion
on matters referred to it by the Secretary.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 7 of such title is amended by
inserting after the item relating to section 182 the
following new item:
``183. Department of Defense Board of Actuaries.''.
(3) Initial service as board members.--Each member
of the Department of Defense Retirement Board of
Actuaries or the Department of Defense Education
Benefits Board of Actuaries as of the date of the
enactment of this Act shall serve as an initial member
of the Department of Defense Board of Actuaries under
section 183 of title 10, United States Code (as added
by paragraph (1)), from that date until the date
otherwise provided for the completion of such
individual's term as a member of the Department of
Defense Retirement Board of Actuaries or the Department
of Defense Education Benefits Board of Actuaries, as
the case may be, unless earlier removed by the
Secretary of Defense.
(b) Termination of Existing Boards of Actuaries.--
(1) Department of defense retirement board of
actuaries.--(A) Section 1464 of title 10, United States
Code, is repealed.
(B) The table of sections at the beginning of
chapter 74 of such title is amended by striking the
item relating to section 1464.
(2) Department of defense education benefits board
of actuaries.--Section 2006 of such title is amended--
(A) in subsection (c)(1), by striking
``subsection (g)'' and inserting ``subsection
(f)'';
(B) by striking subsection (e);
(C) by redesignating subsections (f), (g),
and (h) as subsections (e), (f), and (g),
respectively;
(D) in subsection (e), as redesignated by
subparagraph (C), by striking ``subsection
(g)'' in paragraph (5) and inserting
``subsection (f)''; and
(E) in subsection (f), as so redesignated--
(i) in paragraph (2)(A), by
striking ``subsection (f)(3)'' and
inserting ``subsection (e)(3)''; and
(ii) in paragraph (2)(B), by
striking ``subsection (f)(4)'' and
inserting ``subsection (e)(4)''.
(c) Conforming Amendments.--
(1) Section 1175(h)(4) of title 10, United States
Code, is amended by striking ``Retirement'' the first
place it appears.
(2) Section 1460(b) of such title is amended by
striking ``Retirement''.
(3) Section 1466(c)(3) of such title is amended by
striking ``Retirement''.
(4) Section 12521(6) of such title is amended by
striking ``Department of Defense Education Benefits
Board of Actuaries referred to in section 2006(e)(1) of
this title'' and inserting ``Department of Defense
Board of Actuaries under section 183 of this title''.
SEC. 907. MODIFICATION OF BACKGROUND REQUIREMENT OF INDIVIDUALS
APPOINTED AS UNDER SECRETARY OF DEFENSE FOR
ACQUISITION, TECHNOLOGY, AND LOGISTICS.
Section 133(a) of title 10, United States Code, is amended
by striking ``in the private sector''.
SEC. 908. ASSISTANT SECRETARIES OF THE MILITARY DEPARTMENTS FOR
ACQUISITION MATTERS; PRINCIPAL MILITARY DEPUTIES.
(a) Department of the Army.--Section 3016(b) of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(5)(A) One of the Assistant Secretaries shall be the
Assistant Secretary of the Army for Acquisition, Technology,
and Logistics. The principal duty of the Assistant Secretary
shall be the overall supervision of acquisition, technology,
and logistics matters of the Department of the Army.
``(B) The Assistant Secretary shall have a Principal
Military Deputy, who shall be a lieutenant general of the Army
on active duty. The Principal Military Deputy shall be
appointed from among officers who have significant experience
in the areas of acquisition and program management. The
position of Principal Military Deputy shall be designated as a
critical acquisition position under section 1733 of this
title.''.
(b) Department of the Navy.--Section 5016(b) of such title
is amended by adding at the end the following new paragraph:
``(4)(A) One of the Assistant Secretaries shall be the
Assistant Secretary of the Navy for Research, Development, and
Acquisition. The principal duty of the Assistant Secretary
shall be the overall supervision of research, development, and
acquisition matters of the Department of the Navy.
``(B) The Assistant Secretary shall have a Principal
Military Deputy, who shall be a vice admiral of the Navy or a
lieutenant general of the Marine Corps on active duty. The
Principal Military Deputy shall be appointed from among
officers who have significant experience in the areas of
acquisition and program management. The position of Principal
Military Deputy shall be designated as a critical acquisition
position under section 1733 of this title.''.
(c) Department of the Air Force.--Section 8016(b) of such
title is amended by adding at the end the following new
paragraph:
``(4)(A) One of the Assistant Secretaries shall be the
Assistant Secretary of the Air Force for Acquisition. The
principal duty of the Assistant Secretary shall be the overall
supervision of acquisition matters of the Department of the Air
Force.
``(B) The Assistant Secretary shall have a Principal
Military Deputy, who shall be a lieutenant general of the Air
Force on active duty. The Principal Military Deputy shall be
appointed from among officers who have significant experience
in the areas of acquisition and program management. The
position of Principal Military Deputy shall be designated as a
critical acquisition position under section 1733 of this
title.''.
(d) Duty of Principal Military Deputies To Inform Service
Chiefs on Major Defense Acquisition Programs.--Each Principal
Military 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.
SEC. 909. SENSE OF CONGRESS ON TERM OF OFFICE OF THE DIRECTOR OF
OPERATIONAL TEST AND EVALUATION.
It is the sense of Congress that the term of office of the
Director of Operational Test and Evaluation of the Department
of Defense should be not less than five years.
Subtitle B--Space Activities
SEC. 911. SPACE PROTECTION STRATEGY.
(a) Sense of Congress.--It is the Sense of Congress that
the United States should place greater priority on the
protection of national security space systems.
(b) Strategy.--The Secretary of Defense, in conjunction
with the Director of National Intelligence, shall develop a
strategy, to be known as the Space Protection Strategy, for the
development and fielding by the United States of the
capabilities that are necessary to ensure freedom of action in
space for the United States.
(c) Matters Included.--The strategy required by subsection
(b) shall include each of the following:
(1) An identification of the threats to, and the
vulnerabilities of, the national security space systems
of the United States.
(2) A description of the capabilities currently
contained in the program of record of the Department of
Defense and the intelligence community that ensure
freedom of action in space.
(3) For each period covered by the strategy, a
description of the capabilities that are needed for the
period, including--
(A) the hardware, software, and other
materials or services to be developed or
procured;
(B) the management and organizational
changes to be achieved; and
(C) concepts of operations, tactics,
techniques, and procedures to be employed.
(4) For each period covered by the strategy, an
assessment of the gaps and shortfalls between the
capabilities that are needed for the period and the
capabilities currently contained in the program of
record.
(5) For each period covered by the strategy, a
comprehensive plan for investment in capabilities that
identifies specific program and technology investments
to be made in that period.
(6) A description of the current processes by which
the systems protection requirements of the Department
of Defense and the intelligence community are addressed
in space acquisition programs and during key milestone
decisions, an assessment of the adequacy of those
processes, and an identification of the actions of the
Department and the intelligence community for
addressing any inadequacies in those processes.
(7) A description of the current processes by which
the Department of Defense and the intelligence
community program and budget for capabilities
(including capabilities that are incorporated into
single programs and capabilities that span multiple
programs), an assessment of the adequacy of those
processes, and an identification of the actions of the
Department and the intelligence community for
addressing any inadequacies in those processes.
(8) A description of the organizational and
management structure of the Department of Defense and
the intelligence community for addressing policy,
planning, acquisition, and operations with respect to
capabilities, a description of the roles and
responsibilities of each organization, and an
identification of the actions of the Department and the
intelligence community for addressing any inadequacies
in that structure.
(d) Periods Covered.--The strategy required by subsection
(b) shall cover the following periods:
(1) Fiscal years 2008 through 2013.
(2) Fiscal years 2014 through 2019.
(3) Fiscal years 2020 through 2025.
(e) Definitions.--In this section--
(1) the term ``capabilities'' means space,
airborne, and ground systems and capabilities for space
situational awareness and for space systems protection;
and
(2) the term ``intelligence community'' has the
meaning given such term in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)).
(f) Report; Biennial Update.--
(1) Report.--Not later than six months after the
date of the enactment of this Act, the Secretary of
Defense, in conjunction with the Director of National
Intelligence, shall submit to Congress a report on the
strategy required by subsection (b), including each of
the matters required by subsection (c).
(2) Biennial update.--Not later than March 15 of
each even-numbered year after 2008, the Secretary of
Defense, in conjunction with the Director of National
Intelligence, shall submit to Congress an update to the
report required by paragraph (1).
(3) Classification.--The report required by
paragraph (1), and each update required by paragraph
(2), shall be in unclassified form, but may include a
classified annex.
(g) Conforming Repeal.--Section 911 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3405; 10 U.S.C. 2271 note) is repealed.
SEC. 912. BIENNIAL REPORT ON MANAGEMENT OF SPACE CADRE WITHIN THE
DEPARTMENT OF DEFENSE.
(a) In General.--Chapter 23 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 490. Space cadre management: biennial report
``(a) Requirement.--The Secretary of Defense and each
Secretary of a military department shall develop metrics and
use these metrics to identify, track, and manage space cadre
personnel within the Department of Defense to ensure the
Department has sufficient numbers of personnel with the
expertise, training, and experience to meet current and future
national security space needs.
``(b) Biennial Report Required.--
``(1) In general.--Not later than 180 days after
the date of the enactment of this section, and every
even-numbered year thereafter, the Secretary of Defense
shall submit to the congressional defense committees a
report on the management of the space cadre.
``(2) Matters included.--The report required by
paragraph (1) shall include--
``(A) the number of active duty, reserve
duty, and government civilian space-coded
billets that--
``(i) are authorized or permitted
to be maintained for each military
department and defense agency;
``(ii) are needed or required for
each military department and defense
agency for the year in which the
submission of the report is required;
and
``(iii) are needed or required for
each military department and defense
agency for each of the five years
following the date of the submission of
the report;
``(B) the actual number of active duty,
reserve duty, and government civilian personnel
that are coded or classified as space cadre
personnel within the Department of Defense,
including the military departments and defense
agencies;
``(C) the number of personnel recruited or
hired as accessions to serve in billets coded
or classified as space cadre personnel for each
military department and defense agency;
``(D) the number of personnel serving in
billets coded or classified as space cadre
personnel that discontinued serving each
military department and defense agency during
the preceding calendar year;
``(E) for each of the reporting
requirements in subparagraphs (A) through (D),
further classification of the number of
personnel by--
``(i) space operators, acquisition
personnel, engineers, scientists,
program managers, and other space-
related areas identified by the
Department;
``(ii) expertise or technical
specialization area--
``(I) such as
communications, missile
warning, spacelift, and any
other space-related specialties
identified by the Department or
classifications used by the
Department; and
``(II) consistent with
section 1721 of this title for
acquisition personnel;
``(iii) rank for active duty and
reserve duty personnel and grade for
government civilian personnel;
``(iv) qualification, expertise, or
proficiency level consistent with
service and agency-defined
qualification, expertise, or
proficiency levels; and
``(v) any other such space-related
classification categories used by the
Department or military departments; and
``(F) any other metrics identified by the
Department to improve the identification,
tracking, training, and management of space
cadre personnel.
``(3) Assessments.--The report required by
paragraph (1) shall also include the Secretary's
assessment of the state of the Department's space
cadre, the Secretary's assessment of the space cadres
of the military departments, and a description of
efforts to ensure the Department has a space cadre
sufficient to meet current and future national security
space needs.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``490. Space cadre management: biennial report.''.
SEC. 913. 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 (Public Law 107-314; 116
Stat. 2621) is amended by inserting ``, and March 15, 2008,''
after ``March 15, 2003,''.
Subtitle C--Chemical Demilitarization Program
SEC. 921. CHEMICAL DEMILITARIZATION CITIZENS ADVISORY COMMISSIONS.
(a) Functions.--Section 172 of the National Defense
Authorization Act for Fiscal Year 1993 (50 U.S.C. 1521 note) is
amended--
(1) in each of subsections (b) and (f), by striking
``Assistant Secretary of the Army (Research,
Development and Acquisition)'' and inserting
``Assistant Secretary of the Army (Acquisition,
Logistics, and Technology)''; and
(2) in subsection (g), by striking ``Assistant
Secretary of the Army (Research, Development, and
Acquisition)'' and inserting ``Assistant Secretary of
the Army (Acquisition, Logistics, and Technology)''.
(b) Termination.--Such section is further amended in
subsection (h) by striking ``after the stockpile located in
that commission's State has been destroyed'' and inserting
``after the closure activities required pursuant to regulations
promulgated by the Administrator of the Environmental
Protection Agency pursuant to the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.) have been completed for the chemical agent
destruction facility in the commission's State, or upon the
request of the Governor of the commission's State, whichever
occurs first''.
SEC. 922. SENSE OF CONGRESS ON COMPLETION OF DESTRUCTION OF UNITED
STATES CHEMICAL WEAPONS STOCKPILE.
(a) Findings.--Congress makes the following findings:
(1) The Convention on the Prohibition of the
Development, Production, Stockpiling and Use of
Chemical Weapons and on Their Destruction, done at
Paris on January 13, 1993 (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.
(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.
(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''.
(4) The United States chemical demilitarization
program has met its one percent, 20 percent, and
extended 45 percent destruction deadlines under the
Chemical Weapons Convention.
(5) Destroying the remaining stockpile of United
States chemical weapons is imperative for public safety
and homeland security, and doing so by April 2012, in
accordance with the current destruction deadline
provided under the Chemical Weapons Convention, is
required by United States law.
(6) The elimination of chemical weapons anywhere
they exist in the world, and the prevention of their
proliferation, is of utmost importance to the national
security of the United States.
(7) Section 921(b)(3) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2359) contained a sense of
Congress urging the Secretary of Defense to ensure the
elimination of the United States chemical weapons
stockpile in the shortest time possible, consistent
with the requirement to protect public health, safety,
and the environment.
(8) Section 921(b)(4) of that Act contained a sense
of Congress urging the Secretary of Defense to propose
a credible treatment and disposal process with the
support of affected communities. In this regard, any
such process should provide for sufficient
communication and consultation between representatives
of the Department of Defense and representatives of
affected States and communities.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States is, and must remain,
committed to making every effort to safely dispose of
its entire chemical weapons stockpile by April 2012,
the current destruction 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; and
(2) the Secretary of Defense should make every
effort to plan for, and to request in the annual budget
of the President submitted to Congress adequate funding
to complete, the 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.
(c) Reports Required.--
(1) In general.--Not later than March 15, 2008, and
every 180 days thereafter until the year in which the
United States completes the destruction of its entire
stockpile of chemical weapons under the terms of the
Chemical Weapons Convention, the Secretary of Defense
shall submit to the members and committees of Congress
referred to in paragraph (3) a report on the
implementation by the United States of its chemical
weapons destruction obligations under the Chemical
Weapons Convention.
(2) Elements.--Each report under paragraph (1)
shall include the following:
(A) The anticipated schedule at the time of
such report for the completion of destruction
of chemical agents, munitions, and materiel at
each chemical weapons demilitarization facility
in the United States.
(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, and by December 31, 2017.
(C) A description of the funding required
to achieve each of the options for destruction
described under subparagraph (B), and a
detailed life-cycle cost estimate for each of
the affected facilities included in each such
funding profile.
(D) A description of all actions being
taken by the United States to accelerate the
destruction of its entire stockpile of chemical
weapons, agents, and materiel in order to meet
the current destruction deadline under the
Chemical Weapons Convention of April 29, 2012,
or as soon thereafter as possible.
(3) Members and committees of congress.--The
members and committees of Congress referred to in this
paragraph are--
(A) the majority leader of the Senate, the
minority leader of the Senate, and the
Committees on Armed Services and Appropriations
of the Senate; and
(B) the Speaker of the House of
Representatives, the majority leader of the
House of Representatives, the minority leader
of the House of Representatives, and the
Committees on Armed Services and Appropriations
of the House of Representatives.
SEC. 923. REPEAL OF CERTAIN QUALIFICATIONS REQUIREMENT FOR DIRECTOR OF
CHEMICAL DEMILITARIZATION MANAGEMENT ORGANIZATION.
Section 1412(e)(3) of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521(e)(3)) is amended--
(1) in subparagraph (A), by adding ``and'' at the
end;
(2) by striking subparagraph (B); and
(3) by redesignating subparagraph (C) as
subparagraph (B).
SEC. 924. MODIFICATION OF TERMINATION OF ASSISTANCE TO STATE AND LOCAL
GOVERNMENTS AFTER COMPLETION OF THE DESTRUCTION OF
THE UNITED STATES CHEMICAL WEAPONS STOCKPILE.
Subparagraph (B) of section 1412(c)(5) of the Department of
Defense Authorization Act, 1986 (50 U.S.C. 1521(c)(5)) is
amended to read as follows:
``(B) Assistance may be provided under this paragraph for
capabilities to respond to emergencies involving an
installation or facility as described in subparagraph (A) until
the earlier of the following:
``(i) The date of the completion of all grants and
cooperative agreements with respect to the installation
or facility for purposes of this paragraph between the
Federal Emergency Management Agency and the State and
local governments concerned.
``(ii) The date that is 180 days after the date of
the completion of the destruction of lethal chemical
agents and munitions at the installation or
facility.''.
Subtitle D--Intelligence-Related Matters
SEC. 931. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE, ARISING
FROM ENACTMENT OF THE INTELLIGENCE REFORM AND
TERRORISM PREVENTION ACT OF 2004.
(a) References to Head of Intelligence Community.--Title
10, United States Code, is amended by striking ``Director of
Central Intelligence'' each place it appears in the following
provisions and inserting ``Director of National Intelligence'':
(1) Section 192(c)(2).
(2) Section 193(d)(2).
(3) Section 193(e).
(4) Section 201(a).
(5) Section 201(c)(1).
(6) Section 425(a).
(7) Section 426(a)(3).
(8) Section 426(b)(2).
(9) Section 441(c).
(10) Section 441(d).
(11) Section 443(d).
(12) Section 2273(b)(1).
(13) Section 2723(a).
(b) References to Head of Central Intelligence Agency.--
Such title is further amended by striking ``Director of Central
Intelligence'' each place it appears in the following
provisions and inserting ``Director of the Central Intelligence
Agency'':
(1) Section 431(b)(1).
(2) Section 444.
(3) Section 1089(g).
(c) Other Amendments.--
(1) Subsection headings.--
(A) Section 441(c).--The heading of
subsection (c) of section 441 of such title is
amended by striking ``Director of Central
Intelligence'' and inserting ``Director of
National Intelligence''.
(B) Section 443(d).--The heading of
subsection (d) of section 443 of such title is
amended by striking ``Director of Central
Intelligence'' and inserting ``Director of
National Intelligence''.
(2) Section 201.--Section 201 of such title is
further amended--
(A) in subsection (b)(1), to read as
follows:
``(1) In the event of a vacancy in a position
referred to in paragraph (2), before appointing an
individual to fill the vacancy or recommending to the
President an individual to be nominated to fill the
vacancy, the Secretary of Defense shall obtain the
concurrence of the Director of National Intelligence as
provided in section 106(b) of the National Security Act
of 1947 (50 U.S.C. 403-6(b)).''; and
(B) in subsection (c)(1), by striking
``National Foreign Intelligence Program'' and
inserting ``National Intelligence Program''.
Subtitle E--Roles and Missions Analysis
SEC. 941. REQUIREMENT FOR QUADRENNIAL ROLES AND MISSIONS REVIEW.
(a) Requirement for Review.--
(1) In general.--Chapter 2 of title 10, United
States Code, is amended by inserting after section 118a
the following new section:
``Sec. 118b. Quadrennial roles and missions review
``(a) Review Required.--The Secretary of Defense shall
every four years conduct a comprehensive assessment (to be
known as the `quadrennial roles and missions review') of the
roles and missions of the armed forces and the core
competencies and capabilities of the Department of Defense to
perform and support such roles and missions.
``(b) Independent Military Assessment of Roles and
Missions.--(1) In each year in which the Secretary of Defense
is required to conduct a comprehensive assessment pursuant to
subsection (a), the Chairman of the Joint Chiefs of Staff shall
prepare and submit to the Secretary the Chairman's assessment
of the roles and missions of the armed forces and the
assignment of functions to the armed forces, together with any
recommendations for changes in assignment that the Chairman
considers necessary to achieve maximum efficiency and
effectiveness of the armed forces.
``(2) The Chairman's assessment shall be conducted so as
to--
``(A) organize the significant missions of the
armed forces into core mission areas that cover broad
areas of military activity;
``(B) ensure that core mission areas are defined
and functions are assigned so as to avoid unnecessary
duplication of effort among the armed forces; and
``(C) provide the Chairman's recommendations with
regard to issues to be addressed by the Secretary of
Defense under subsection (c).
``(c) Identification of Core Mission Areas and Core
Competencies and Capabilities.--Upon receipt of the Chairman's
assessment, and after giving appropriate consideration to the
Chairman's recommendations, the Secretary of Defense shall
identify--
``(1) the core mission areas of the armed forces;
``(2) the core competencies and capabilities that
are associated with the performance or support of a
core mission area identified pursuant to paragraph (1);
``(3) the elements of the Department of Defense
(including any other office, agency, activity, or
command described in section 111(b) of this title) that
are responsible for providing the core competencies and
capabilities required to effectively perform the core
missions identified pursuant to paragraph (1);
``(4) any gaps in the ability of the elements (or
other office, agency activity, or command) of the
Department of Defense to provide core competencies and
capabilities required to effectively perform the core
missions identified pursuant to paragraph (1);
``(5) any unnecessary duplication of core
competencies and capabilities between defense
components; and
``(6) a plan for addressing any gaps or unnecessary
duplication identified pursuant to paragraph (4) or
paragraph (5).
``(d) Report.--The Secretary shall submit a report on the
quadrennial roles and missions review to the Committees on
Armed Services of the Senate and the House of Representatives.
The report shall be submitted in the year following the year in
which the review is conducted, but not later than the date on
which the President submits the budget for the next fiscal year
to Congress under section 1105(a) of title 31.''.
(b) Repeal of Superseded Provision.--Section 118(e) of
title 10, United States Code, is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph
(2).
(c) Timing of Quadrennial Roles and Missions Review.--
(1) First review.--The first quadrennial roles and
missions review under section 118b of title 10, United
States Code, as added by subsection (a), shall be
conducted during 2008.
(2) Subsequent reviews.--Subsequent reviews shall
be conducted every four years, beginning in 2011.
SEC. 942. JOINT REQUIREMENTS OVERSIGHT COUNCIL ADDITIONAL DUTIES
RELATING TO CORE MISSION AREAS.
(a) Revisions in Mission.--Subsection (b) of section 181 of
title 10, United States Code, is amended to read as follows:
``(b) Mission.--In addition to other matters assigned to it
by the President or Secretary of Defense, the Joint
Requirements Oversight Council shall--
``(1) assist the Chairman of the Joint Chiefs of
Staff--
``(A) in identifying, assessing, and
approving joint military requirements
(including existing systems and equipment) to
meet the national military strategy; and
``(B) in identifying the core mission area
associated with each such requirement;
``(2) assist the Chairman in establishing and
assigning priority levels for joint military
requirements;
``(3) assist the Chairman in reviewing the
estimated level of resources required in the
fulfillment of each joint military requirement and in
ensuring that such resource level is consistent with
the level of priority assigned to such requirement; and
``(4) assist acquisition officials in identifying
alternatives to any acquisition program that meet joint
military requirements for the purposes of section
2366a(a)(4), section 2366b(b), and section 2433(e)(2)
of this title.''.
(b) Advisors.--Section 181 of such title is amended--
(1) by redesignating subsection (d) as subsection
(f); and
(2) by inserting after subsection (c) the following
new subsection (d):
``(d) Advisors.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics, the Under Secretary of
Defense (Comptroller), and the Director of the Office of
Program Analysis and Evaluation shall serve as advisors to the
Council on matters within their authority and expertise.''.
(c) Organization.--Section 181 of such title is further
amended by inserting after subsection (d) (as inserted by
subsection (b)) the following new subsection (e):
``(e) Organization.--The Joint Requirements Oversight
Council shall conduct periodic reviews of joint military
requirements within a core mission area of the Department of
Defense. In any such review of a core mission area, the officer
or official assigned to lead the review shall have a deputy
from a different military department.''.
(d) Definitions.--Section 181 of such title is further
amended by adding at the end the following new subsection:
``(g) Definitions.--In this section:
``(1) The term `joint military requirement' means a
capability necessary to fulfill a gap in a core mission
area of the Department of Defense.
``(2) The term `core mission area' means a core
mission area of the Department of Defense identified
under the most recent quadrennial roles and missions
review pursuant to section 118b of this title.''.
(e) 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).
(f) Deadlines.--Effective June 1, 2009, all joint military
requirements documents of the Joint Requirements Oversight
Council produced to carry out its mission under section
181(b)(1) of title 10, United States Code, shall reference the
core mission areas organized and defined under section 118b of
such title. Not later than October 1, 2009, all such documents
produced before June 1, 2009, shall reference such structure.
SEC. 943. REQUIREMENT FOR CERTIFICATION OF MAJOR SYSTEMS PRIOR TO
TECHNOLOGY DEVELOPMENT.
(a) Requirement for Certification.--
(1) In general.--Chapter 139 of title 10, United
States Code, is amended by inserting after section
2366a the following new section:
``Sec. 2366b. Major defense acquisition programs: certification
required before Milestone A or Key Decision Point A
approval
``(a) Certification.--A major defense acquisition program
may not receive Milestone A approval, or Key Decision Point A
approval in the case of a space program, until the Milestone
Decision Authority certifies, after consultation with the Joint
Requirements Oversight Council on matters related to program
requirements and military needs--
``(1) that the system fulfills an approved initial
capabilities document;
``(2) that the system is being executed by an
entity with a relevant core competency as identified by
the Secretary of Defense under section 118b of this
title;
``(3) if the system duplicates a capability already
provided by an existing system, the duplication
provided by such system is necessary and appropriate;
and
``(4) that a cost estimate for the system has been
submitted and that the level of resources required to
develop and procure the system is consistent with the
priority level assigned by the Joint Requirements
Oversight Council.
``(b) Notification.--With respect to a major system
certified by the Milestone Decision Authority under subsection
(a), if the projected cost of the system, at any time prior to
Milestone B approval, exceeds the cost estimate for the system
submitted at the time of the certification by at least 25
percent, the program manager for the system concerned shall
notify the Milestone Decision Authority. The Milestone Decision
Authority, in consultation with the Joint Requirements
Oversight Council on matters related to program requirements
and military needs, shall determine whether the level of
resources required to develop and procure the system remains
consistent with the priority level assigned by the Joint
Requirements Oversight Council. The Milestone Decision
Authority may withdraw the certification concerned or rescind
Milestone A approval (or Key Decision Point A approval in the
case of a space program) if the milestone decision authority
determines that such action is in the interest of national
defense.
`` (c) Definitions.--In this section:
``(1) The term `major system' has the meaning
provided in section 2302(5) of this title.
``(2) The term `initial capabilities document'
means any capabilities requirement document approved by
the Joint Requirements Oversight Council that
establishes the need for a materiel approach to resolve
a capability gap.
``(3) The term `technology development program'
means a coordinated effort to assess technologies and
refine user performance parameters to fulfill a
capability gap identified in an initial capabilities
document.
``(4) The term `entity' means an entity listed in
section 125a(a) of this title.
``(5) The term `Milestone B approval' has the
meaning provided that term in section 2366(e)(7) of
this title.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by adding at
the end the following new item:
``2366b. Major defense acquisition programs: certification required
before Milestone A or Key Decision Point A approval.''.
(b) Review of Department of Defense Acquisition
Directives.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall review
Department of Defense Directive 5000.1 and associated guidance,
and the manner in which such directive and guidance have been
implemented, and take appropriate steps to ensure that the
Department does not commence a technology development program
for a major weapon system without Milestone A approval (or Key
Decision Point A approval in the case of a space program).
(c) Effective Date.--Section 2366b of title 10, United
States Code, as added by subsection (a), shall apply to major
systems on and after March 1, 2008.
SEC. 944. PRESENTATION OF FUTURE-YEARS MISSION BUDGET BY CORE MISSION
AREA.
(a) Time of Submission of Future-Years Mission Budget.--The
second sentence of section 222(a) of title 10, United States
Code, is amended to read as follows: ``That budget shall be
submitted for any fiscal year with the future-years defense
program submitted under section 221 of this title.''.
(b) Organization of Future-Years Mission Budget.--The
second sentence of section 222(b) of such title is amended by
striking ``on the basis'' and all that follows through the end
of the sentence and inserting the following: ``on the basis of
both major force programs and the core mission areas identified
under the most recent quadrennial roles and missions review
pursuant to section 118b of this title.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to the future-years mission budget for
fiscal year 2010 and each fiscal year thereafter.
Subtitle F--Other Matters
SEC. 951. DEPARTMENT OF DEFENSE CONSIDERATION OF EFFECT OF CLIMATE
CHANGE ON DEPARTMENT FACILITIES, CAPABILITIES, AND
MISSIONS.
(a) Consideration of Climate Change Effect.--Section 118 of
title 10, United States Code, is amended by adding at the end
the following new subsection:
``(g) Consideration of Effect of Climate Change on
Department Facilities, Capabilities, and Missions.--(1) The
first national security strategy and national defense strategy
prepared after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2008 shall include
guidance for military planners--
``(A) to assess the risks of projected climate
change to current and future missions of the armed
forces;
``(B) to update defense plans based on these
assessments, including working with allies and partners
to incorporate climate mitigation strategies, capacity
building, and relevant research and development; and
``(C) to develop the capabilities needed to reduce
future impacts.
``(2) The first quadrennial defense review prepared after
the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2008 shall also examine the capabilities of
the armed forces to respond to the consequences of climate
change, in particular, preparedness for natural disasters from
extreme weather events and other missions the armed forces may
be asked to support inside the United States and overseas.
``(3) For planning purposes to comply with the requirements
of this subsection, the Secretary of Defense shall use--
``(A) the mid-range projections of the fourth
assessment report of the Intergovernmental Panel on
Climate Change;
``(B) subsequent mid-range consensus climate
projections if more recent information is available
when the next national security strategy, national
defense strategy, or quadrennial defense review, as the
case may be, is conducted; and
``(C) findings of appropriate and available
estimations or studies of the anticipated strategic,
social, political, and economic effects of global
climate change and the implications of such effects on
the national security of the United States.
``(4) In this subsection, the term `national security
strategy' means the annual national security strategy report of
the President under section 108 of the National Security Act of
1947 (50 U.S.C. 404a).''.
(b) Implementation.--The Secretary of Defense shall ensure
that subsection (g) of section 118 of title 10, United States
Code, as added by subsection (a), is implemented in a manner
that does not have a negative impact on the national security
of the United States.
SEC. 952. INTERAGENCY POLICY COORDINATION.
(a) Plan Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
develop and submit to Congress a plan to improve and reform the
Department of Defense's participation in and contribution to
the interagency coordination process on national security
issues.
(b) Elements.--The elements of the plan shall include the
following:
(1) Assigning either the Under Secretary of Defense
for Policy or another official to be the lead policy
official for improving and reforming the interagency
coordination process on national security issues for
the Department of Defense, with an explanation of any
decision to name an official other than the Under
Secretary and the relative advantages and disadvantages
of such decision.
(2) Giving the official assigned under paragraph
(1) the following responsibilities:
(A) To be the lead person at the Department
of Defense for the development of policy
affecting the national security interagency
process.
(B) To serve, or designate a person to
serve, as the representative of the Department
of Defense in Federal Government forums
established to address interagency policy,
planning, or reforms.
(C) To advocate, on behalf of the
Secretary, for greater interagency coordination
and contributions in the execution of the
National Security Strategy and particularly
specific operational objectives undertaken
pursuant to that strategy.
(D) To make recommendations to the
Secretary of Defense on changes to existing
Department of Defense regulations or laws to
improve the interagency process.
(E) To serve as the coordinator for all
planning and training assistance that is--
(i) designed to improve the
interagency process or the capabilities
of other agencies to work with the
Department of Defense; and
(ii) provided by the Department of
Defense at the request of other
agencies.
(F) To serve as the lead official in
Department of Defense for the development of
deployable joint interagency task forces.
(c) Factors to Be Considered.--In drafting the plan, the
Secretary of Defense shall also consider the following factors:
(1) How the official assigned under subsection
(b)(1) shall provide input to the Secretary of Defense
on an ongoing basis on how to incorporate the need to
coordinate with other agencies into the establishment
and reform of combatant commands.
(2) How such official shall develop and make
recommendations to the Secretary of Defense on a
regular or an ongoing basis on changes to military and
civilian personnel to improve interagency coordination.
(3) How such official shall work with the combatant
command that has the mission for joint warfighting
experimentation and other interested agencies to
develop exercises to test and validate interagency
planning and capabilities.
(4) How such official shall lead, coordinate, or
participate in after-action reviews of operations,
tests, and exercises to capture lessons learned
regarding the functioning of the interagency process
and how those lessons learned will be disseminated.
(5) The role of such official in ensuring that
future defense planning guidance takes into account the
capabilities and needs of other agencies.
(d) Recommendation on Changes in Law.--The Secretary of
Defense may submit with the plan or with any future budget
submissions recommendations for any changes to law that are
required to enhance the ability of the official assigned under
subsection (b)(1) in the Department of Defense to coordinate
defense interagency efforts or to improve the ability of the
Department of Defense to work with other agencies.
(e) Annual Report.--If an official is named by the
Secretary of Defense under subsection (b)(1), the official
shall annually submit to Congress a report, beginning in the
fiscal year following the naming of the official, on those
actions taken by the Department of Defense to enhance national
security interagency coordination, the views of the Department
of Defense on efforts and challenges in improving the ability
of agencies to work together, and suggestions on changes needed
to laws or regulations that would enhance the coordination of
efforts of agencies.
(f) Definition.--In this section, the term ``interagency
coordination'', within the context of Department of Defense
involvement, means the coordination that occurs between
elements of the Department of Defense and engaged Federal
Government agencies for the purpose of achieving an objective.
(g) Construction.--Nothing in this provision shall be
construed as preventing the Secretary of Defense from naming an
official with the responsibilities listed in subsection (b)
before the submission of the report required under this
section.
SEC. 953. EXPANSION OF EMPLOYMENT CREDITABLE UNDER SERVICE AGREEMENTS
UNDER NATIONAL SECURITY EDUCATION PROGRAM.
Paragraph (2) of subsection (b) of section 802 of the David
L. Boren National Security Education Act of 1991 (50 U.S.C.
1902), as most recently amended by section 945 of the John
Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2367), is amended--
(1) in subparagraph (A)--
(A) in clause (i) by striking ``or'' at the
end; and
(B) by adding at the end the following:
``(iii) for not less than one
academic year in a position in the
field of education in a discipline
related to the study supported by the
program if the recipient demonstrates
to the Secretary of Defense that no
position is available in the
departments, agencies, and offices
covered by clauses (i) and (ii); or'';
and
(2) in subparagraph (B)--
(A) in clause (i) by striking ``or'' at the
end;
(B) in clause (ii) by striking ``and'' at
the end and inserting ``or''; and
(C) by adding at the end the following:
``(iii) for not less than one
academic year in a position in the
field of education in a discipline
related to the study supported by the
program if the recipient demonstrates
to the Secretary of Defense that no
position is available in the
departments, agencies, and offices
covered by clauses (i) and (ii); and''.
SEC. 954. BOARD OF REGENTS FOR THE UNIFORMED SERVICES UNIVERSITY OF THE
HEALTH SCIENCES.
(a) Reorganization and Amendment of Board of Regents
Provisions.--
(1) In general.--Chapter 104 of title 10, United
States Code, is amended by inserting after section 2113
the following new section:
``Sec. 2113a. Board of Regents
``(a) In General.--To assist the Secretary of Defense in an
advisory capacity, there is a Board of Regents of the
University.
``(b) Membership.--The Board shall consist of--
``(1) nine persons outstanding in the fields of
health and health education who shall be appointed from
civilian life by the Secretary of Defense;
``(2) the Secretary of Defense, or his designee,
who shall be an ex officio member;
``(3) the surgeons general of the uniformed
services, who shall be ex officio members; and
``(4) the President of the University, who shall be
a nonvoting ex officio member.
``(c) Term of Office.--The term of office of each member of
the Board (other than ex officio members) shall be six years
except that--
``(1) any member appointed to fill a vacancy
occurring before the expiration of the term for which
his predecessor was appointed shall be appointed for
the remainder of such term; and
``(2) any member whose term of office has expired
shall continue to serve until his successor is
appointed.
``(d) Chairman.--One of the members of the Board (other
than an ex officio member) shall be designated by the Secretary
as Chairman. He shall be the presiding officer of the Board.
``(e) Compensation.--Members of the Board (other than ex
officio members) while attending conferences or meetings or
while otherwise performing their duties as members shall be
entitled to receive compensation at a rate to be fixed by the
Secretary and shall also be entitled to receive an allowance
for necessary travel expenses while so serving away from their
place of residence.
``(f) Meetings.--The Board shall meet at least once a
quarter.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by adding at
the end the following new item:
``2113a. Board of Regents.''.
(3) Conforming amendments.--
(A) Section 2113 of title 10, United States
Code, is amended--
(i) in subsection (a), by striking
``To assist'' and all that follows
through the end of paragraph (4);
(ii) by striking subsections (b),
(c), and (e);
(iii) by redesignating subsections
(d), (f), (g), (h), (i), and (j) as
subsections (b), (c), (d), (e), (f),
and (g), respectively; and
(iv) in subsection (b), as so
redesignated, by striking ``who shall
also serve as a nonvoting ex officio
member of the Board''.
(B) Section 2114(h) of such title is
amended by striking ``2113(h)'' and inserting
``2113(e)''.
(b) Statutory Redesignation of Dean as President.--
(1) Subsection 2113 of such title is further
amended by striking ``Dean'' each place it appears in
subsections (b) and (c)(1), as redesignated by
subsection (a)(3), and inserting ``President''.
(2) Section 2114(e) of such title is amended by
striking ``Dean'' each place it appears in paragraphs
(3) and (5).
SEC. 955. ESTABLISHMENT OF DEPARTMENT OF DEFENSE SCHOOL OF NURSING.
(a) Establishment Plan Required.--Not later than February
1, 2008, the Secretary of Defense shall submit to the
congressional defense committees a plan to establish a School
of Nursing within the Uniformed Services University of the
Health Sciences. The Secretary shall develop the plan in
consultation with the Board of Regents of the Uniformed
Services University of the Health Sciences and submit the plan
to the Board of Regents for review and to solicit the Board's
recommendations.
(b) Programs of Instruction.--In consultation with the
Secretaries of the military departments, the Secretary of
Defense shall include in the plan required by subsection (a)
programs of instruction for the School of Nursing that would
lead to the award of a bachelor of science in nursing and such
other baccalaureate or graduate degrees in nursing as the
Secretary considers appropriate. The plan shall also address
the enrollment as students of enlisted members and officers of
the Armed Forces and civilians for the purpose of commissioning
them as military nursing officers upon graduation. The
graduates of such a program of instruction shall be fully
eligible to meet credentialing and licensing requirements of
the military departments and at least one State in their
program of study.
(c) Consideration of Certain Programs.--In developing the
plan under subsection (a), the Secretary shall consider the
inclusion of the following types of programs:
(1) A program to enroll students who already
possess an associate degree in nursing so that they can
earn a bachelor of science in nursing.
(2) A program to enroll students who already
possess other associate degrees so that they can earn a
bachelor of science in nursing.
(3) A program to enroll students who already
possess an associate degree in nursing so that they can
earn a master of science in nursing.
(4) A program to enroll students who already
possess a bachelor of science in nursing so that they
can earn a master of science in nursing.
(d) Other Considerations.--The plan required by subsection
(a) shall also include the following:
(1) The results of a study of the nursing shortage
in the Department of Defense and the reasons for such
shortages.
(2) Details of the curriculum and degree
requirements for each category of students at the
School of Nursing, if established.
(3) An analysis of the contributions to overall
medical readiness that will be made by the School of
Nursing.
(4) Proposals for the development of the School of
Nursing to be phased in over a period of time.
(5) Faculty requirements based on degree
requirements and numbers of projected students, to
include the source and number of faculty required.
(6) Projected number of graduates per year for each
of the first 15 years of operation.
(7) Predicted accession sources, military career
paths, and service commitments and retention rates of
School of Nursing graduates, to include the retention
of enlisted personnel accessed into the school.
(8) Administrative and instructional facilities
required, and the likely initial and final location of
clinical training institutions.
(9) Plan for accreditation by nationally recognized
nursing school accrediting body.
(10) Projected faculty, administration,
instruction, and facilities costs for the School of
Nursing beginning in fiscal year 2009 and continuing
through fiscal year 2024, including the cost analysis
of developing the School of Nursing and the cost of
additional administrative support for the Uniformed
Services University of the Health Sciences on account
of the establishment of the school.
(e) Effect on Current Programs.--Notwithstanding the
development of the plan under subsection (a), the Secretary
shall ensure that graduate degree programs in nursing,
including advanced practice nursing, continue.
(f) Effect on Other Recruitment Efforts.--Nothing in this
section shall be construed as limiting or terminating any
current or future program related to the recruitment,
accession, training, or retention of military nurses.
(g) Establishment Authority.--
(1) Establishment.--Chapter 104 of title 10, United
States Code, is amended by adding at the end the
following new section:
``Sec. 2117. School of Nursing
``(a) Establishment Authorized.--The Secretary of Defense
may establish a School of Nursing within the University. The
School of Nursing may include a program that awards a bachelor
of science in nursing.
``(b) Phased Development.--The School of Nursing may be
developed in phases as determined appropriate by the
Secretary.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by adding at
the end the following new item:
``2117. School of Nursing.''.
SEC. 956. INCLUSION OF COMMANDERS OF WESTERN HEMISPHERE COMBATANT
COMMANDS IN BOARD OF VISITORS OF WESTERN HEMISPHERE
INSTITUTE FOR SECURITY COOPERATION.
Subparagraph (F) of section 2166(e)(1) of title 10, United
States Code, is amended to read as follows:
``(F) The commanders of the combatant commands
having geographic responsibility for the Western
Hemisphere, or the designees of those officers.''.
SEC. 957. COMPTROLLER GENERAL ASSESSMENT OF REORGANIZATION OF THE
OFFICE OF THE UNDER SECRETARY OF DEFENSE FOR
POLICY.
(a) Assessment Required.--Not later than June 1, 2008, the
Comptroller General of the United States shall submit to the
congressional defense committees a report containing an
assessment of the most recent reorganization of the office of
the Under Secretary of Defense for Policy, including an
assessment with respect to the matters set forth in subsection
(b).
(b) Matters To Be Assessed.--The matters to be included in
the assessment required by subsection (a) are as follows:
(1) The manner in which the reorganization of the
office furthers, or will further, its stated purposes
in the short-term and long-term, including the manner
in which the reorganization enhances, or will enhance,
the ability of the Department of Defense--
(A) to address current security priorities,
including on-going military operations in Iraq,
Afghanistan, and elsewhere;
(B) to manage geopolitical defense
relationships; and
(C) to anticipate future strategic shifts
in those relationships.
(2) The manner in which and the extent to which the
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.
(3) The extent to which the Department has
developed detailed implementation plans for the
reorganization, and the current status of the
implementation of all aspects of the reorganization.
(4) The extent to which the Department has worked
to mitigate congressional concerns and address other
challenges that have arisen since the reorganization
was announced.
(5) The manner in which the Department plans to
evaluate progress in achieving the stated goals of the
reorganization and what measurements, if any, the
Department has established to assess the results of the
reorganization.
(6) The impact of the large increase in
responsibilities for the Assistant Secretary of Defense
for Special Operations and Low Intensity Conflict and
Interdependent Capabilities under the reorganization on
the ability of the Assistant Secretary to carry out the
principal duties of the Assistant Secretary under law.
(7) The possible decrease in attention given to
special operations issues resulting from the increase
in responsibilities for the Assistant Secretary of
Defense for Special Operations and Low Intensity
Conflict and Interdependent Capabilities, including
responsibility under the reorganization for each of the
following:
(A) Strategic capabilities.
(B) Forces transformation.
(C) Major budget programs.
(8) The possible diffusion of attention from
counternarcotics, counterproliferation, and global
threat issues resulting from the merging of those
responsibilities under a single Deputy Assistant
Secretary of Defense for Counternarcotics,
Counterproliferation, and Global Threats.
(9) The impact of the reorganization on
counternarcotics program execution.
(10) The unique placement under the reorganization
of both functional and regional issue responsibilities
under the Assistant Secretary of Defense for Homeland
Defense and America's Security Affairs.
(11) The differentiation between the
responsibilities of the Deputy Assistant Secretary of
Defense for Partnership Strategy and the Deputy
Assistant Secretary of Defense for Coalition Affairs
and the relationship between such officials.
SEC. 958. REPORT ON FOREIGN LANGUAGE PROFICIENCY.
(a) In General.--Not later than 240 days after the date of
the enactment of this Act, and annually thereafter until the
date referred to in subsection (d), the Secretary of Defense,
in conjunction with the Secretary of each military department,
shall submit to the congressional defense committees a report
on the foreign language proficiency of the personnel of the
Department of Defense.
(b) Contents.--Each report submitted under subsection (a)
shall include--
(1) the number of positions, identified by each
foreign language and dialect, for each military
department and Defense Agency concerned that--
(A) require proficiency in that foreign
language or dialect for the year in which the
submission of the report is required;
(B) are anticipated to require proficiency
in that foreign language or dialect for each of
the five years following the date of the
submission of the report; and
(C) are authorized in the future-years
defense plan to be maintained for proficiency
in a foreign language or dialect;
(2) the number of personnel for each military
department and Defense Agency, identified by each
foreign language and dialect, that are serving in a
position that requires proficiency in the foreign
language or dialect--
(A) to perform the primary duty of the
position; and
(B) that meet the required level of
proficiency of the Interagency Language
Roundtable;
(3) the number of personnel for each military
department and Defense Agency, identified by each
foreign language and dialect, that are recruited or
hired as accessions to serve in a position that
requires proficiency in the foreign language or
dialect;
(4) the number of personnel for each military
department and Defense Agency, identified by each
foreign language and dialect, that served in a position
that requires proficiency in the foreign language or
dialect and discontinued service during the preceding
calendar year;
(5) the number of positions that require
proficiency in a foreign language or dialect that are
fulfilled by contractors;
(6) the percentage of work requiring linguistic
skills that is fulfilled by personnel of the
intelligence community (as defined in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)));
and
(7) an assessment of the foreign language capacity
and capabilities of each military department and
Defense Agency and of the Department of Defense as a
whole.
(c) Non-Military Personnel.--Except as provided in
paragraphs (6) and (7) of subsection (b), a report submitted
under subsection (a) shall cover only members of the Armed
Forces on active duty and reserve duty assigned to the military
departments concerned or to the Department of Defense.
(d) Termination of Requirement.--The duty to submit a
report under subsection (a) shall terminate on December 31,
2013.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. United States contribution to NATO common-funded budgets in
fiscal year 2008.
Sec. 1003. Authorization of additional emergency supplemental
appropriations for fiscal year 2007.
Sec. 1004. Modification of fiscal year 2007 general transfer authority.
Sec. 1005. Financial management transformation initiative for the
Defense Agencies.
Sec. 1006. Repeal of requirement for two-year budget cycle for the
Department of Defense.
Subtitle B--Policy Relating to Vessels and Shipyards
Sec. 1011. Limitation on leasing of vessels.
Sec. 1012. Policy relating to major combatant vessels of the strike
forces of the United States Navy.
Subtitle C--Counter-Drug Activities
Sec. 1021. Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities.
Sec. 1022. Expansion of authority to provide additional support for
counter-drug activities in certain foreign countries.
Sec. 1023. Report on counternarcotics assistance for the Government of
Haiti.
Subtitle D--Miscellaneous Authorities and Limitations
Sec. 1031. Provision of Air Force support and services to foreign
military and state aircraft.
Sec. 1032. Department of Defense participation in Strategic Airlift
Capability Partnership.
Sec. 1033. Improved authority to provide rewards for assistance in
combating terrorism.
Sec. 1034. Support for non-Federal development and testing of material
for chemical agent defense.
Sec. 1035. Prohibition on sale of F-14 fighter aircraft and related
parts.
Subtitle E--Reports
Sec. 1041. Extension and modification of report relating to hardened and
deeply buried targets.
Sec. 1042. Report on joint modeling and simulation activities.
Sec. 1043. Renewal of submittal of plans for prompt global strike
capability.
Sec. 1044. Report on workforce required to support the nuclear missions
of the Navy and the Department of Energy.
Sec. 1045. Comptroller General report on Defense Finance and Accounting
Service response to Butterbaugh v. Department of Justice.
Sec. 1046. Study on size and mix of airlift force.
Sec. 1047. Report on feasibility of establishing a domestic military
aviation national training center.
Sec. 1048. Limited field user evaluations for combat helmet pad
suspension systems.
Sec. 1049. Study on national security interagency system.
Sec. 1050. Report on solid rocket motor industrial base.
Sec. 1051. Reports on establishment of a memorial for members of the
Armed Forces who died in the air crash in Bakers Creek,
Australia, and establishment of other memorials in Arlington
National Cemetery.
Subtitle F--Other Matters
Sec. 1061. Reimbursement for National Guard support provided to Federal
agencies.
Sec. 1062. Congressional Commission on the Strategic Posture of the
United States.
Sec. 1063. Technical and clerical amendments.
Sec. 1064. Repeal of certification requirement.
Sec. 1065. Maintenance of capability for space-based nuclear detection.
Sec. 1066. Sense of Congress regarding detainees at Naval Station,
Guantanamo Bay, Cuba.
Sec. 1067. A report on transferring individuals detained at Naval
Station, Guantanamo Bay, Cuba.
Sec. 1068. Repeal of provisions in section 1076 of Public Law 109-364
relating to use of Armed Forces in major public emergencies.
Sec. 1069. Standards required for entry to military installations in
United States.
Sec. 1070. Revised nuclear posture review.
Sec. 1071. Termination of Commission on the Implementation of the New
Strategic Posture of the United States.
Sec. 1072. Security clearances; limitations.
Sec. 1073. Improvements in the process for the issuance of security
clearances.
Sec. 1074. Protection of certain individuals.
Sec. 1075. Modification of authorities on Commission to Assess the
Threat to the United States from Electromagnetic Pulse Attack.
Sec. 1076. Sense of Congress on Small Business Innovation Research
Program.
Sec. 1077. Revision of proficiency flying definition.
Sec. 1078. Qualifications for public aircraft status of aircraft under
contract with the Armed Forces.
Sec. 1079. Communications with the Committees on Armed Services of the
Senate and the House of Representatives.
Sec. 1080. Retention of reimbursement for provision of reciprocal fire
protection services.
Sec. 1081. Pilot program on commercial fee-for-service air refueling
support for the Air Force.
Sec. 1082. Advisory panel on Department of Defense capabilities for
support of civil authorities after certain incidents.
Sec. 1083. Terrorism exception to immunity.
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary
of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts
of authorizations made available to the Department of
Defense in this division for fiscal year 2008 between
any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for
the same purposes as the authorization to which
transferred.
(2) Limitation.--Except as provided in paragraph
(3), the total amount of authorizations that the
Secretary may transfer under the authority of this
section may not exceed $5,000,000,000.
(3) Exception for transfers between military
personnel authorizations.--A transfer of funds between
military personnel authorizations under title IV shall
not be counted toward the dollar limitation in
paragraph (2).
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items
that have a higher priority than the items from which
authority is transferred; and
(2) may not be used to provide authority for an
item that has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN
FISCAL YEAR 2008.
(a) Fiscal Year 2008 Limitation.--The total amount
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).
(b) Total Amount.--The amount of the limitation applicable
under subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the
end of fiscal year 2007, of funds appropriated for
fiscal years before fiscal year 2008 for payments for
those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions
authorized to be made under section 2501.
(c) Authorized Amounts.--Amounts authorized to be
appropriated by titles II and III of this Act are available for
contributions for the common-funded budgets of NATO as follows:
(1) Of the amount provided in section 201(1),
$1,031,000 for the Civil Budget.
(2) Of the amount provided in section 301(1),
$362,159,000 for the Military Budget.
(d) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term
``common-funded budgets of NATO'' means the Military
Budget, the Security Investment Program, and the Civil
Budget of the North Atlantic Treaty Organization (and
any successor or additional account or program of
NATO).
(2) Fiscal year 1998 baseline limitation.--The term
``fiscal year 1998 baseline limitation'' means the
maximum annual amount of Department of Defense
contributions for common-funded budgets of NATO that is
set forth as the annual limitation in section
3(2)(C)(ii) of the resolution of the Senate giving the
advice and consent of the Senate to the ratification of
the Protocols to the North Atlantic Treaty of 1949 on
the Accession of Poland, Hungary, and the Czech
Republic (as defined in section 4(7) of that
resolution), approved by the Senate on April 30, 1998.
SEC. 1003. AUTHORIZATION OF ADDITIONAL EMERGENCY 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 (Public Law 109-
364) are hereby adjusted, with respect to any such authorized
amount, by the amount by which appropriations pursuant to such
authorization are increased by a supplemental appropriation or
by a transfer of funds, or decreased by a rescission, or any
thereof, pursuant to the U.S. Troop Readiness, Veterans' Care,
Katrina Recovery, and Iraq Accountability Appropriations Act,
2007 (Public Law 110-28).
SEC. 1004. MODIFICATION OF FISCAL YEAR 2007 GENERAL TRANSFER AUTHORITY.
Section 1001(a) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2371) is amended by adding at the end the following new
paragraph:
``(3) Exception for certain transfers.--The
following transfers of funds shall be not be counted
toward the limitation in paragraph (2) on the amount
that may be transferred under this section:
``(A) The transfer of funds to the Iraq
Security Forces Fund under reprogramming FY07-
07-R PA.
``(B) The transfer of funds to the Joint
Improvised Explosive Device Defeat Fund under
reprogramming FY07-11 PA.
``(C) The transfer of funds back from the
accounts referred to in subparagraphs (A) and
(B) to restore the sources used in the
reprogrammings referred to in such
subparagraphs.''.
SEC. 1005. FINANCIAL MANAGEMENT TRANSFORMATION INITIATIVE FOR THE
DEFENSE AGENCIES.
(a) Financial Management Transformation Initiative.--
(1) In general.--The Director of the Business
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'').
(2) Scope of authority.--In carrying out the
Initiative, the Director of the Business Transformation
Agency may require the heads of the Defense Agencies to
carry out actions that are within the purpose and scope
of the Initiative.
(b) Purposes.--The purposes of the Initiative shall be as
follows:
(1) To eliminate or replace financial management
systems of the Defense Agencies that are duplicative,
redundant, or fail to comply with the standards set
forth in subsection (d).
(2) To transform the budget, finance, and
accounting 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.
(c) Required Elements.--The Initiative shall include, to
the maximum extent practicable--
(1) the utilization of commercial, off-the-shelf
technologies and web-based solutions;
(2) a standardized technical environment and an
open and accessible architecture; and
(3) the implementation of common business
processes, shared services, and common data structures.
(d) Standards.--In carrying out the Initiative, the
Director of the Business Transformation Agency shall ensure
that the Initiative is consistent with--
(1) the requirements of the Business Enterprise
Architecture and Transition Plan developed pursuant to
section 2222 of title 10, United States Code;
(2) the Standard Financial Information Structure of
the Department of Defense;
(3) the Federal Financial Management Improvement
Act of 1996 (and the amendments made by that Act); and
(4) other applicable requirements of law and
regulation.
(e) Scope.--The Initiative shall be designed to provide, at
a minimum, capabilities in the major process areas for both
general fund and working capital fund operations of the Defense
Agencies as follows:
(1) Budget formulation.
(2) Budget to report, including general ledger and
trial balance.
(3) Procure to pay, including commitments,
obligations, and accounts payable.
(4) Order to fulfill, including billing and
accounts receivable.
(5) Cost accounting.
(6) Acquire to retire (account management).
(7) Time and attendance and employee entitlement.
(8) Grants financial management.
(f) Consultation.--In carrying out subsections (d) and (e),
the Director of the Business Transformation Agency shall
consult with the Comptroller of the Department of Defense to
ensure that any financial management systems developed for the
Defense Agencies, and any changes to the budget, finance, and
accounting operations of the Defense Agencies, are consistent
with the financial standards and requirements of the Department
of Defense.
(g) Program Control.--In carrying out the Initiative, the
Director of the Business Transformation Agency shall
establish--
(1) a board (to be known as the ``Configuration
Control Board'') to manage scope and cost changes to
the Initiative; and
(2) a program management office (to be known as the
``Program Management Office'') to control and enforce
assumptions made in the acquisition plan, the cost
estimate, and the system integration contract for the
Initiative, as directed by the Configuration Control
Board.
(h) 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:
(1) In at least one Defense Agency by not later
than eight months after the date of the enactment of
this Act.
(2) In not less than five Defense Agencies by not
later than 18 months after the date of the enactment of
this Act.
SEC. 1006. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDGET CYCLE FOR THE
DEPARTMENT OF DEFENSE.
Section 1405 of the Department of Defense Authorization
Act, 1986 (Public Law 99-145; 99 Stat. 744; 31 U.S.C. 1105
note) is repealed.
Subtitle B--Policy Relating to Vessels and Shipyards
SEC. 1011. LIMITATION ON LEASING OF VESSELS.
Section 2401 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(h) The Secretary of a military department may make a
contract for the lease of a vessel or for the provision of a
service through use by a contractor of a vessel, the term of
which is for a period of greater than two years, but less than
five years, only if--
``(1) the Secretary has notified the Committee on
Armed Services and the Committee on Appropriations of
the Senate and the Committee on Armed Services and the
Committee on Appropriations of the House of
Representatives of the proposed contract and included
in such notification--
``(A) a detailed description of the terms
of the proposed contract and a justification
for entering into the proposed contract rather
than obtaining the capability provided for by
the lease, charter, or services involved
through purchase of the vessel;
``(B) a determination that entering into
the proposed contract as a means of obtaining
the vessel is the most cost-effective means of
obtaining such vessel; and
``(C) a plan for meeting the requirement
provided by the proposed contract upon
completion of the term of the lease contract;
and
``(2) a period of 30 days of continuous session of
Congress has expired following the date on which notice
was received by such committees.''.
SEC. 1012. POLICY RELATING TO MAJOR COMBATANT VESSELS OF THE STRIKE
FORCES OF THE UNITED STATES NAVY.
(a) Integrated Nuclear Power Systems.--It is the policy of
the United States to construct the major combatant vessels of
the strike forces of the United States Navy, including all new
classes of such vessels, with integrated nuclear power systems.
(b) Requirement to Request Nuclear Vessels.--If a request
is submitted to Congress in the budget for a fiscal year for
construction of a new class of major combatant vessel for the
strike forces of the United States, the request shall be for
such a vessel with an integrated nuclear power system, unless
the Secretary of Defense submits with the request a
notification to Congress that the inclusion of an integrated
nuclear power system in such vessel is not in the national
interest.
(c) Definitions.--In this section:
(1) Major combatant vessels of the strike forces of
the united states navy.--The term ``major combatant
vessels of the strike forces of the United States
Navy'' means the following:
(A) Submarines.
(B) Aircraft carriers.
(C) Cruisers, battleships, or other large
surface combatants whose primary mission
includes protection of carrier strike groups,
expeditionary strike groups, and vessels
comprising a sea base.
(2) Integrated nuclear power system.--The term
``integrated nuclear power system'' means a ship
engineering system that uses a naval nuclear reactor as
its energy source and generates sufficient electric
energy to provide power to the ship's electrical loads,
including its combat systems and propulsion motors.
(3) Budget.--The term ``budget'' means the budget
that is submitted to Congress by the President under
section 1105(a) of title 31, United States Code.
Subtitle C--Counter-Drug Activities
SEC. 1021. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE
SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING
COUNTER-TERRORISM ACTIVITIES.
Section 1022(b) of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 371 note)
is amended by striking ``and 2007'' and inserting ``through
2008''.
SEC. 1022. EXPANSION OF AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR
COUNTER-DRUG ACTIVITIES IN CERTAIN FOREIGN
COUNTRIES.
Subsection (b) of section 1033 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
Stat. 1881), as amended by section 1021(b) of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-
136, 117 Stat. 1593) and section 1022(b) of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2382), is further amended by adding at
the end the following new paragraphs:
``(17) The Government of Mexico.
``(18) The Government of the Dominican Republic.''.
SEC. 1023. REPORT ON COUNTERNARCOTICS ASSISTANCE FOR THE GOVERNMENT OF
HAITI.
(a) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the President shall submit
to Congress a report on counternarcotics assistance for the
Government of Haiti.
(b) Matters To Be Included.--The report required by
subsection (a) shall include the following:
(1) A description and assessment of the
counternarcotics assistance provided to the Government
of Haiti by the Department of Defense, the Department
of State, the Department of Homeland Security, and the
Department of Justice.
(2) A description and assessment of any impediments
to increasing counternarcotics assistance to the
Government of Haiti.
(3) An assessment of the potential for the
provision of counternarcotics assistance for the
Government of Haiti through the United Nations
Stabilization Mission in Haiti.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
Subtitle D--Miscellaneous Authorities and Limitations
SEC. 1031. PROVISION OF AIR FORCE SUPPORT AND SERVICES TO FOREIGN
MILITARY AND STATE AIRCRAFT.
(a) Provision of Support and Services.--
(1) In general.--Section 9626 of title 10, United
States Code, is amended to read as follows:
``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 concerned.
``(2) The supplies and services described in this paragraph
are supplies and services as follows:
``(A) Routine airport services, including landing
and takeoff assistance, servicing aircraft with fuel,
use of runways, parking and servicing, and loading and
unloading of baggage and cargo.
``(B) Miscellaneous supplies, including Air Force-
owned fuel, provisions, spare parts, and general
stores, but not including ammunition.
``(b) Provision of Routine Airport Services on Non-
Reimbursable Basis.--(1) Routine airport services may be
provided under this section at no cost to a foreign country--
``(A) if such services are provided by Air Force
personnel and equipment without direct cost to the Air
Force; or
``(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, as defined in that agreement,
to military and other state aircraft of the United
States without reimbursement.
``(2) If routine airport services are provided under this
section by a working-capital fund activity of the Air Force
under section 2208 of this title and such activity is not
reimbursed directly for the costs incurred by the activity in
providing such services by reason of paragraph (1)(B), the
working-capital fund activity shall be reimbursed for such
costs out of funds currently available to the Air Force for
operation and maintenance.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 939 of such title is amended
by striking the item relating to section 9626 and
inserting the following new item:
``9626. Aircraft supplies and services: foreign military or other state
aircraft.''.
(b) Conforming Amendment.--Section 9629(3) of such title is
amended by striking ``for aircraft of a foreign military or air
attache''.
SEC. 1032. DEPARTMENT OF DEFENSE PARTICIPATION IN STRATEGIC AIRLIFT
CAPABILITY PARTNERSHIP.
(a) Authority To Participate in Partnership.--
(1) Memorandum of understanding.--The Secretary of
Defense may enter into a multilateral memorandum of
understanding authorizing the Strategic Airlift
Capability Partnership to conduct activities necessary
to accomplish its purpose, including--
(A) the acquisition, equipping, ownership,
and operation of strategic airlift aircraft;
and
(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.
(2) Payments.--From funds available to the
Department of Defense for such purpose, the Secretary
of Defense may pay the United States equitable share of
the recurring and non-recurring costs of the activities
and operations of the Strategic Airlift Capability
Partnership, including costs associated with
procurement of aircraft components and spare parts,
maintenance, facilities, and training, and the costs of
claims.
(b) Authorities Under Partnership.--In carrying out the
memorandum of understanding entered into under subsection (a),
the Secretary of Defense may do the following:
(1) Waive reimbursement of the United States for
the cost of the following functions performed by
Department of Defense personnel with respect to the
Strategic Airlift Capability Partnership:
(A) Auditing.
(B) Quality assurance.
(C) Inspection.
(D) Contract administration.
(E) Acceptance testing.
(F) Certification services.
(G) Planning, programming, and management
services.
(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.
(3) Pay the salaries, travel, lodging, and
subsistence expenses of Department of Defense personnel
assigned for duty to the Strategic Airlift Capability
Partnership without seeking reimbursement or cost-
sharing for such expenses.
(c) Crediting of Receipts.--Any amount received by the
United States in carrying out the memorandum of understanding
entered into under subsection (a) shall be credited, as elected
by the Secretary of Defense, to the following:
(1) The appropriation, fund, or account used in
incurring the obligation for which such amount is
received.
(2) An appropriation, fund, or account currently
providing funds for the purposes for which such
obligation was made.
(d) Authority To Transfer Aircraft.--
(1) Transfer authority.--The Secretary of Defense
may transfer one strategic airlift aircraft to the
Strategic Airlift Capability Partnership in accordance
with the terms and conditions of the memorandum of
understanding entered into under subsection (a).
(2) Report.--Not later than 30 days before the date
on which the Secretary transfers a strategic airlift
aircraft under paragraph (1), the Secretary shall
submit to the congressional defense committees a report
on the strategic airlift aircraft to be transferred,
including the type of strategic airlift aircraft to be
transferred and the tail registration or serial number
of such aircraft.
(e) Strategic Airlift Capability Partnership Defined.--In
this section the term ``Strategic Airlift Capability
Partnership'' means the strategic airlift capability consortium
established by the United States and other participating
countries.
SEC. 1033. IMPROVED AUTHORITY TO PROVIDE REWARDS FOR ASSISTANCE IN
COMBATING TERRORISM.
(a) Increased Amounts.--Section 127b of title 10, United
States Code, is amended--
(1) in subsection (b), by striking ``$200,000'' and
inserting ``$5,000,000'';
(2) in subsection (c)(1)(B), by striking
``$50,000'' and inserting ``$1,000,000''; and
(3) in subsection (d)(2), by striking ``$100,000''
and inserting ``$2,000,000''.
(b) Involvement of Allied Forces.--Such section is further
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1),
by inserting after ``United States Government
personnel'' the following: ``, or government
personnel of allied forces participating in a
combined operation with the armed forces,'';
(B) in paragraph (1), by inserting after
``armed forces'' the following: ``, or of
allied forces participating in a combined
operation with the armed forces,''; and
(C) in paragraph (2), by inserting after
``armed forces'' the following: ``, or of
allied forces participating in a combined
operation with the armed forces''; and
(2) in subsection (c), by adding at the end the
following:
``(3)(A) Subject to subparagraphs (B) and (C), an official
who has authority delegated under paragraph (1) or (2) may use
that authority, acting through government personnel of allied
forces, to offer and make rewards.
``(B) The Secretary of Defense shall prescribe policies and
procedures for making rewards in the manner described in
subparagraph (A), which shall include guidance for the
accountability of funds used for making rewards in that manner.
The policies and procedures shall not take effect until 30 days
after the date on which the Secretary submits the policies and
procedures to the congressional defense committees. Rewards may
not be made in the manner described in subparagraph (A) except
under policies and procedures that have taken effect.
``(C) Rewards may not be made in the manner described in
subparagraph (A) after September 30, 2009.
``(D) Not later than April 1, 2008, the Secretary of
Defense shall submit to the congressional defense committees a
report on the implementation of this paragraph. The report
shall identify each reward made in the manner described in
subparagraph (A) and, for each such reward--
``(i) identify the type, amount, and recipient of
the reward;
``(ii) explain the reason for making the reward;
and
``(iii) assess the success of the reward in
advancing the effort to combat terrorism.''.
(c) Annual Report To Include Specific Information on
Additional Authority.--Section 127b of title 10, United States
Code, is further amended in subsection (f)(2) by adding at the
end the following new subparagraph:
``(D) Information on the implementation of
paragraph (3) of subsection (c).''.
SEC. 1034. SUPPORT FOR NON-FEDERAL DEVELOPMENT AND TESTING OF MATERIAL
FOR CHEMICAL AGENT DEFENSE.
(a) Authority to Provide Toxic Chemicals or Precursors.--
(1) In general.--The Secretary of Defense, in
coordination with the heads of other elements of the
Federal Government, may make available, to a State, a
unit of local government, or a private entity
incorporated in the United States, small quantities of
a toxic chemical or precursor for the development or
testing, in the United States, of material that is
designed to be used for protective purposes.
(2) Terms and conditions.--Any use of the authority
under paragraph (1) shall be subject to such terms and
conditions as the Secretary considers appropriate.
(b) Payment of Costs and Disposition of Funds.--
(1) In general.--The Secretary shall ensure,
through the advance payment required by paragraph (2)
and through any other payments that may be required,
that a recipient of toxic chemicals or precursors under
subsection (a) pays for all actual costs, including
direct and indirect costs, associated with providing
the toxic chemicals or precursors.
(2) Advance payment.--In carrying out paragraph
(1), the Secretary shall require each recipient to make
an advance payment in an amount that the Secretary
determines will equal all such actual costs.
(3) Credits.--A payment received under this
subsection shall be credited to the account that was
used to cover the costs for which the payment was
provided. Amounts so credited shall be merged with
amounts in that account, and shall be available for the
same purposes, and subject to the same conditions and
limitations, as other amounts in that account.
(c) Chemical Weapons Convention.--The Secretary shall
ensure that toxic chemicals and precursors are made available
under this section for uses and in quantities that comply with
the Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on
Their Destruction, signed at Paris on January 13, 1993, and
entered into force with respect to the United States on April
29, 1997.
(d) Report.--
(1) Not later than March 15, 2008, and each year
thereafter, the Secretary shall submit to Congress a
report on the use of the authority under subsection (a)
during the previous calendar year. The report shall
include a description of each use of the authority and
specify what material was made available and to whom it
was made available.
(2) Each report under paragraph (1) shall be
submitted in unclassified form, but may include a
classified annex.
(e) Definitions.--In this section, the terms ``precursor'',
``protective purposes'', and ``toxic chemical'' have the
meanings given those terms in the convention referred to in
subsection (c), in paragraph 2, paragraph 9(b), and paragraph
1, respectively, of article II of that convention.
SEC. 1035. PROHIBITION ON SALE OF F-14 FIGHTER AIRCRAFT AND RELATED
PARTS.
(a) Prohibition on Sale by Department of Defense.--
(1) In general.--Except as provided in paragraph
(2), the Department of Defense may not sell (whether
directly or indirectly) any F-14 fighter aircraft, any
parts unique to the F-14 fighter aircraft, or any
tooling or dies used in the manufacture of such
aircraft or parts, whether such sales occur through the
Defense Reutilization and Marketing Service or through
another agency or element of the Department.
(2) Exception.--Paragraph (1) shall not apply with
respect to the sale of F-14 fighter aircraft or parts
for F-14 fighter aircraft to a museum or similar
organization located in the United States that is
involved in the preservation of F-14 fighter aircraft
for historical purposes.
(b) Prohibition on Export License.--No license for the
export of any F-14 fighter aircraft, any parts unique to the F-
14 fighter aircraft, or any tooling or dies used in the
manufacture of such aircraft or parts may be issued by the
United States Government to a non-United States person or
entity.
Subtitle E--Reports
SEC. 1041. EXTENSION AND MODIFICATION OF REPORT RELATING TO HARDENED
AND DEEPLY BURIED TARGETS.
Section 1032 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116
Stat. 2643; 10 U.S.C. 2358 note) is amended--
(1) in the heading, by striking ``ANNUAL REPORT ON
WEAPONS'' and inserting ``REPORT ON WEAPONS AND
CAPABILITIES'';
(2) in subsection (a)--
(A) in the heading, by striking ``Annual'';
(B) by striking ``April 1 of each year''
and inserting ``March 1, 2009, and every two
years thereafter,'';
(C) by striking ``Director of Central
Intelligence'' and inserting ``Director of
National Intelligence'';
(D) by striking ``the preceding fiscal
year'' and inserting ``the preceding two fiscal
years and planned for the current fiscal year
and the next fiscal year''; and
(E) by striking ``to develop weapons'' and
inserting ``to develop weapons and
capabilities'';
(3) in subsection (b)--
(A) in the matter preceding paragraph (1),
by striking ``The report for a fiscal year''
and inserting ``A report submitted'';
(B) in paragraph (1), by striking ``were
undertaken during that fiscal year'' and
inserting ``were or will be undertaken during
the four-fiscal-year period covered by the
report''; and
(C) in paragraph (2) in the matter
preceding subparagraph (A), by striking ``were
undertaken during such fiscal year'' and
inserting ``were or will be undertaken during
the four-fiscal-year period covered by the
report''; and
(4) in subsection (d), by striking ``April 1,
2007'' and inserting ``March 1, 2013''.
SEC. 1042. REPORT ON JOINT MODELING AND SIMULATION ACTIVITIES.
(a) Report Required.--Not later than December 31, 2008, the
Secretary of Defense shall submit to the congressional defense
committees a report that describes current and planned joint
modeling and simulation activities within the Department of
Defense.
(b) Matters To Be Included.--The report under subsection
(a) shall include the following:
(1) An identification and description of how joint
modeling and simulation activities support the
development of capabilities to meet joint and service-
unique military requirements and needs, in areas
including but not limited to joint training,
experimentation, systems acquisition, test and
evaluation, assessment, and planning.
(2) A description of how joint modeling and
simulation activities are supportive of Department-
level strategies and goals.
(3) For each appropriate element of the Department
of Defense and each appropriate combatant command--
(A) An identification of modeling and
simulation capabilities; and
(B) A description of plans and programs to
continuously introduce new modeling and
simulation technologies so as to enhance
defense capabilities.
(4) A description of incentives and plans to reduce
or divest duplicative or outdated capabilities as
necessary.
(5) Plans or activities to allow non-defense users
to access defense joint modeling and simulation
activities, as appropriate.
(6) Budget and resource estimates, including
government and contractor personnel requirements, for
planned joint modeling and simulation activities.
(7) A description of the relationship and
coordination between and among joint modeling and
simulation activities and the modeling and simulation
activities of elements of the Department of Defense,
Federal agencies, State and local governments,
academia, private industry, United States and
international standards organizations, and
international partners.
(8) Any other matters the Secretary considers
appropriate.
(c) Consultation.--The report under (a) shall be developed
in consultation with appropriate military departments, Defense
Agencies, combatant commands, and other defense activities.
SEC. 1043. RENEWAL OF SUBMITTAL OF PLANS FOR PROMPT GLOBAL STRIKE
CAPABILITY.
Section 1032(b)(1) of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1605;
10 U.S.C. 113 note) is amended by inserting ``and each of 2007,
2008, and 2009,'' after ``2004, 2005, and 2006,''.
SEC. 1044. REPORT ON WORKFORCE REQUIRED TO SUPPORT THE NUCLEAR MISSIONS
OF THE NAVY AND THE DEPARTMENT OF ENERGY.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of Energy shall each submit to Congress a report on
the requirements for a workforce to support the nuclear
missions of the Navy and the Department of Energy during the
10-year period beginning on the date of the report.
(b) Elements.--Each report shall include--
(1) a description of the projected nuclear missions
of the Navy and the Department of Energy during the 10-
year period beginning on the date of the report;
(2) an assessment of existing knowledge retention
programs within the Department of Defense, the
Department of Energy, the national laboratories, and
federally funded research facilities that support the
nuclear missions of the Navy and the Department of
Energy, and any planned changes in those programs; and
(3) a plan to address anticipated workforce
attrition, retirement, and recruiting trends during
that period and ensure an adequate workforce in support
of the nuclear missions of the Navy and the Department
of Energy.
SEC. 1045. COMPTROLLER GENERAL REPORT ON DEFENSE FINANCE AND ACCOUNTING
SERVICE RESPONSE TO BUTTERBAUGH V. DEPARTMENT OF
JUSTICE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the congressional defense
committees a report setting forth an assessment by the
Comptroller General of the response of the Defense Finance and
Accounting Service to the decision in Butterbaugh v. Department
of Justice (336 F.3d 1332 (2003)).
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An estimate of the number of members of the
reserve components of the Armed Forces, both past and
present, who are entitled to compensation under the
decision in Butterbaugh v. Department of Justice.
(2) An assessment of the current policies,
procedures, and timeliness of the Defense Finance and
Accounting Service in implementing and resolving claims
under the decision in Butterbaugh v. Department of
Justice.
(3) An assessment whether or not the decisions made
by the Defense Finance and Accounting Service in
implementing the decision in Butterbaugh v. Department
of Justice follow a consistent pattern of resolution.
(4) An assessment of whether or not the decisions
made by the Defense Finance and Accounting Service in
implementing the decision in Butterbaugh v. Department
of Justice are resolving claims by providing more
compensation than an individual has been able to prove,
under the rule of construction that laws providing
benefits to veterans are liberally construed in favor
of the veteran.
(5) An estimate of the total amount of compensation
payable to members of the reserve components of the
Armed Forces, both past and present, as a result of the
recent decision in Hernandez v. Department of the Air
Force (No. 2006-3375, slip op.) that leave can be
reimbursed for Reserve service before 1994, when
Congress enacted chapter 43 of title 38, United States
Code (commonly referred to as the ``Uniformed Services
Employment and Reemployment Rights Act'').
(6) A comparative assessment of the handling of
claims by the Defense Finance and Accounting Service
under the decision in Butterbaugh v. Department of
Justice with the handling of claims by other Federal
agencies (selected by the Comptroller General for
purposes of the comparative assessment) under that
decision.
(7) A statement of the number of claims by members
of the reserve components of the Armed Forces under the
decision in Butterbaugh v. Department of Justice that
have been adjudicated by the Defense Finance and
Accounting Service.
(8) A statement of the number of claims by members
of the reserve components of the Armed Forces under the
decision in Butterbaugh v. Department of Justice that
have been denied by the Defense Finance and Accounting
Service.
(9) A comparative assessment of the average amount
of time required for the Defense Finance and Accounting
Service to resolve a claim under the decision in
Butterbaugh v. Department of Justice with the average
amount of time required by other Federal agencies (as
so selected) to resolve a claim under that decision.
(10) A comparative statement of the backlog of
claims with the Defense Finance and Accounting Service
under the decision in Butterbaugh v. Department of
Justice with the backlog of claims of other Federal
agencies (as so selected) under that decision.
(11) An estimate of the amount of time required for
the Defense Finance and Accounting Service to resolve
all outstanding claims under the decision in
Butterbaugh v. Department of Justice.
(12) An assessment of the reasonableness of the
requirement of the Defense Finance and Accounting
Service for the submittal by members of the reserve
components of the Armed Forces of supporting
documentation for claims under the decision in
Butterbaugh v. Department of Justice.
(13) A comparative assessment of the requirement of
the Defense Finance and Accounting Service for the
submittal by members of the reserve components of the
Armed Forces of supporting documentation for claims
under the decision in Butterbaugh v. Department of
Justice with the requirement of other Federal agencies
(as so selected) for the submittal by such members of
supporting documentation for such claims.
(14) Such recommendations for legislative action as
the Comptroller General considers appropriate in light
of the decision in Butterbaugh v. Department of Justice
and the decision in Hernandez v. Department of the Air
Force.
SEC. 1046. STUDY ON SIZE AND MIX OF AIRLIFT FORCE.
(a) Study Required.--The Secretary of Defense shall conduct
a requirements-based study on alternatives for the proper size
and mix of fixed-wing intratheater and intertheater airlift
assets to meet the National Military Strategy for each of the
following timeframes: fiscal year 2012, 2018, and 2024. The
study shall--
(1) focus on organic and commercially programmed
airlift capabilities;
(2) analyze the full-spectrum lifecycle costs of
the various alternatives for organic models of each of
the following aircraft: C-5A/B/C/M, C-17A, KC-X, KC-10,
KC-135R, C-130E/H/J, Joint Cargo Aircraft; and
(3) incorporate the augmentation capability,
viability, and feasibility of the Civil Reserve Air
Fleet during activation stages I, II, and III.
(b) Use of FFRDC.--The Secretary shall select, to carry out
the study required by subsection (a), a federally funded
research and development center that has experience and
expertise in conducting similar studies.
(c) Study Plan.--The study required by subsection (a) shall
be carried out under a study plan. The study plan shall be
developed as follows:
(1) The center selected under subsection (b) shall
develop the study plan and shall, not later than 60
days after the date of enactment of this Act, submit
the study plan to the congressional defense committees,
the Secretary, and the Comptroller General of the
United States.
(2) The Comptroller General shall review the study
plan to determine whether it is complete and objective,
and whether it has any flaws or weaknesses in scope or
methodology, and shall, not later than 30 days after
receiving the study plan, submit to the Secretary and
the center a report that contains the results of that
review and provides any recommendations that the
Comptroller General considers appropriate for
improvements to the study plan.
(3) The center shall modify the study plan to
incorporate the recommendations under paragraph (2) and
shall, not later than 45 days after receiving that
report, submit to the Secretary and the congressional
defense committees a report on those modifications. The
report shall describe each modification and, if the
modifications do not incorporate one or more of the
recommendations, shall explain the reasons for not
doing so.
(d) Elements of Study Plan.--The study plan required by
subsection (c) shall address, at minimum, the following:
(1) A description of lift requirements and
operating profiles for airlift aircraft required to
meet the National Military Strategy, including
assumptions regarding the following:
(A) Current and future military combat and
support missions.
(B) The planned force structure growth of
the military services.
(C) Potential changes in lift requirements,
including the deployment of the Future Combat
Systems by the Army.
(D) New capability in airlift to be
provided by the KC(X) aircraft and the expected
utilization of such capability, including its
use in intratheater lift.
(E) The utilization of intertheater lift
aircraft in intratheater combat mission support
roles.
(F) The availability and application of
Civil Reserve Air Fleet assets in future
military scenarios.
(G) Air mobility requirements associated
with the Global Rebasing Initiative of the
Department of Defense.
(H) Air mobility requirements in support of
worldwide peacekeeping and humanitarian
missions.
(I) Air mobility requirements in support of
homeland defense and national emergencies.
(J) The viability and capability of the
Civil Reserve Air Fleet to augment organic
forces in both friendly and hostile
environments.
(K) An assessment of the Civil Reserve Air
Fleet to adequately augment the organic fleet
as it relates to commercial inventory
management restructuring in response to future
commercial markets, streamlining of operations,
efficiency measures, or downsizing of the
participant.
(2) An evaluation of the state of the current
airlift fleet of the Air Force, including assessments
of the following:
(A) The extent to which the increased use
of airlift aircraft in ongoing operations is
affecting the programmed service life of the
aircraft of that fleet.
(B) The adequacy of the current airlift
force, including whether or not a minimum of
299 strategic airlift aircraft for the Air
Force is sufficient to support future
expeditionary combat and non-combat missions,
as well as domestic and training mission
demands consistent with the requirements of
meeting the National Military Strategy.
(C) The optimal mix of C-5 and C-17
aircraft for the strategic airlift fleet of the
Air Force, to include the following:
(i) The cost-effectiveness of
modernizing various iterations of the
C-5A and C-5B/C aircraft fleet versus
procuring additional C-17 aircraft.
(ii) The military capability,
operational availability, usefulness,
and service life of the C-5A/B/C/M
aircraft and the C-17 aircraft. Such an
assessment shall examine appropriate
metrics, such as aircraft availability
rates, departure rates, and mission
capable rates, in each of the following
cases:
(I) Completion of the
Avionics Modernization Program
and the Reliability Enhancement
and Re-engining Program.
(II) Partial completion of
the Avionics Modernization
Program and the Reliability
Enhancement and Re-engining
Program, with partial
completion of either such
program being considered the
point at which the continued
execution of each program is no
longer supported by the cost-
effectiveness analysis.
(iii) At what specific fleet
inventory for each organic aircraft, to
include air refueling aircraft used in
the airlift role, would it impede the
ability of Civil Reserve Air Fleet
participants to remain a viable
augmentation option.
(D) An analysis and assessment of the
lessons that may be learned from the experience
of the Air Force in restarting the production
line for the C-5 aircraft after having closed
the line for several years, and recommendations
for the actions that the Department of Defense
should take to ensure that the production line
for the C-17 aircraft could be restarted if
necessary, including--
(i) an analysis of the methods that
were used and costs that were incurred
in closing and re-opening the
production line for the C-5 aircraft;
(ii) an assessment of the methods
and actions that should be employed and
the expected costs and risks of closing
and re-opening the production line for
the C-17 aircraft in view of that
experience.
Such analysis and assessment should deal with
issues such as production work force,
production facilities, tooling, industrial base
suppliers, contractor logistics support versus
organic maintenance, and diminished
manufacturing sources.
(E) Assessing the military capability,
operational availability, usefulness, service
life and optimal mix of intra-theater airlift
aircraft, to include--
(i) the cost-effectiveness of
procuring the Joint Cargo Aircraft
versus procuring additional C-130J or
refurbishing C-130E/H platforms to meet
intra-theater airlift requirements of
the combatant commander and component
commands; and
(ii) the cost-effectiveness of
procuring additional C-17 aircraft
versus procuring additional C-130J
platforms or refurbishing C-130E/H
platforms to meet intra-theater airlift
requirements of the combatant commander
and component commands.
(3) Each analysis required by paragraph (2) shall
include--
(A) a description of the assumptions and
sensitivity analysis utilized in the study
regarding aircraft performances and cargo
loading factors; and
(B) a comprehensive statement of the data
and assumptions utilized in making the program
life cycle cost estimates and a comparison of
cost and risk associated with the optimally
mixed fleet of airlift aircraft versus the
program of record airlift aircraft fleet.
(e) Utilization of Other Studies.--The study required by
subsection (a) shall build upon the results of the 2005
Mobility Capabilities Studies, the ongoing Intratheater Airlift
Fleet Mix Analysis, the Intratheater Lift Capabilities Study,
the Joint Future Theater Airlift Capabilities Analysis, and
other appropriate studies and analyses, such as Fleet Viability
Board Reports or special aircraft assessments. The study shall
also include any testing data collected on modernization,
recapitalization, and upgrade efforts of current organic
aircraft.
(f) Collaboration With United States Transportation
Command.--In conducting the study required by subsection (a)
and preparing the report required by subsection (c)(3), the
center shall collaborate with the commander of the United
States Transportation Command.
(g) Collaboration With Cost Analysis Improvement Group.--In
conducting the study required by subsection (a) and
constructing the analysis required by subsection (a)(2), the
center shall collaborate with the Cost Analysis Improvement
Group of the Department of Defense.
(h) Report.--Not later than January 10, 2009, the center
selected under subsection (b) shall submit to the Secretary and
the congressional defense committees a report on the study
required by subsection (a). The report shall be submitted in
unclassified form, but shall include a classified annex.
SEC. 1047. REPORT ON FEASIBILITY OF ESTABLISHING A DOMESTIC MILITARY
AVIATION NATIONAL TRAINING CENTER.
(a) In General.--Not later than June 1, 2008, the Secretary
of Defense shall submit to the congressional defense committees
a report to determine the feasibility of establishing a Border
State Aviation Training Center (BSATC) to support the current
and future requirements of the existing RC-26 training site for
counterdrug activities, located at the Fixed Wing Army National
Guard Aviation Training Site (FWAATS), including the domestic
reconnaissance and surveillance missions of the National Guard
in support of local, State, and Federal law enforcement
agencies, provided that the activities to be conducted at the
BSATC shall not duplicate or displace any activity or program
at the RC-26 training site or the FWAATS.
(b) Content.--The report required under subsection (a)
shall--
(1) examine the current and past requirements of
RC-26 aircraft in support of local, State, and Federal
law enforcement and determine the number of additional
aircraft required to provide such support for each
State that borders Canada, Mexico, or the Gulf of
Mexico;
(2) determine the number of military and civilian
personnel required to run a RC-26 domestic training
center meeting the requirements identified under
paragraph (1);
(3) determine the requirements and cost of locating
such a training center at a military installation for
the purpose of preempting and responding to security
threats and responding to crises; and
(4) include a comprehensive review of the number
and type of intelligence, reconnaissance, and
surveillance platforms needed for the National Guard to
effectively provide domestic operations and civil
support (including homeland defense and counterdrug) to
local, State, and Federal law enforcement and first
responder entities and how those platforms would
provide additional capabilities not currently available
from the assets of other local, State, and Federal
agencies.
(c) Consultation.--In preparing the report required under
subsection (a), the Secretary of Defense shall consult with the
Adjutant General of each State that borders Canada, Mexico, or
the Gulf of Mexico, the Adjutant General of the State of West
Virginia, and the National Guard Bureau.
SEC. 1048. LIMITED FIELD USER EVALUATIONS FOR COMBAT HELMET PAD
SUSPENSION SYSTEMS.
(a) In General.--The Secretary of Defense shall carry out a
limited field user evaluation and operational assessment of
qualified combat helmet pad suspension systems. The evaluation
and assessment shall be carried out using verified product
representative samples from combat helmet pad suspension
systems that are qualified as of the date of the enactment of
this Act.
(b) Report.--Not later than September 30, 2008, the
Secretary shall submit to the congressional defense committees
a report on the results of the limited field user evaluation
and operational assessment.
(c) Funding.--The limited field user evaluation and
operational assessment required by subsection (a) shall be
conducted using funds appropriated pursuant to an authorization
of appropriations or otherwise made available for fiscal year
2008 for operation and maintenance, Army, for soldier
protection and safety.
SEC. 1049. STUDY ON NATIONAL SECURITY INTERAGENCY SYSTEM.
(a) Study Required.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of Defense shall
enter into an agreement with an independent, non-profit, non-
partisan organization to conduct a study on the national
security interagency system.
(b) Report.--The agreement entered into under subsection
(a) shall require the organization to submit to Congress and
the 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.
(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 September
1, 2008.
(d) National Security Interagency System Defined.--In this
section, the term ``national security interagency system''
means the structures, mechanisms, and processes by which the
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.
(e) Funding.--Of the amount authorized to be appropriated
by section 301(5) for operation and maintenance for Defense-
wide activities, not more than $3,000,000 may be available to
carry out this section.
SEC. 1050. REPORT ON SOLID ROCKET MOTOR INDUSTRIAL BASE.
(a) Report.--Not later than 190 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on the status,
capability, viability, and capacity of the solid rocket motor
industrial base in the United States.
(b) Content.--The report required under subsection (a)
shall include the following:
(1) An assessment of the ability to maintain the
Minuteman III intercontinental ballistic missile
through its planned operational life.
(2) An assessment of the ability to maintain the
Trident II D-5 submarine launched ballistic missile
through its planned operational life.
(3) An assessment of the ability to maintain all
other space launch, missile defense, and other vehicles
with solid rocket motors, through their planned
operational lifetimes.
(4) An assessment of the ability to support
projected future requirements for vehicles with solid
rocket motors to support space launch, missile defense,
or any range of ballistic missiles determined to be
necessary to meet defense needs or other requirements
of the United States Government.
(5) An assessment of the required materials, the
supplier base, the production facilities, and the
production workforce needed to ensure that current and
future requirements could be met.
(6) An assessment of the adequacy of the current
and projected industrial base support programs to
support the full range of projected future requirements
identified in paragraph (4).
SEC. 1051. REPORTS ON ESTABLISHMENT OF A MEMORIAL FOR MEMBERS OF THE
ARMED FORCES WHO DIED IN THE AIR CRASH IN BAKERS
CREEK, AUSTRALIA, AND ESTABLISHMENT OF OTHER
MEMORIALS IN ARLINGTON NATIONAL CEMETERY.
(a) Bakers Creek Memorial.--Not later than April 1, 2008,
the Secretary of the Army shall submit to the Committee on
Armed Services and the Committee on Veterans' Affairs of the
House of Representatives and the Committee on Armed Services
and the Committee on Veterans' Affairs of the Senate a report
containing a discussion of locations outside of Arlington
National Cemetery that would serve as a suitable location for
the establishment of a memorial to honor the memory of the 40
members of the Armed Forces of the United States who lost their
lives in the air crash at Bakers Creek, Australia, on June 14,
1943.
(b) Memorials in Arlington National Cemetery.--Not later
than April 1, 2008, the Secretary of the Army shall submit to
the congressional committees specified in subsection (a) a
report containing--
(1) recommendations to implement the results of the
study regarding proposals for the construction of new
memorials in Arlington National Cemetery that was
conducted pursuant to section 2897 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal
Year 2005 (Public Law 108-375; 118 Stat. 2157); and
(2) proposed legislation, if necessary, to
implement the results of the study.
Subtitle F--Other Matters
SEC. 1061. REIMBURSEMENT FOR NATIONAL GUARD SUPPORT PROVIDED TO FEDERAL
AGENCIES.
Section 377 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``To the
extent'' and inserting ``Subject to subsection (c), to
the extent''; and
(2) by striking subsection (b) and inserting the
following new subsections:
``(b)(1) Subject to subsection (c), the Secretary of
Defense shall require a Federal agency to which law enforcement
support or support to a national special security event is
provided by National Guard personnel performing duty under
section 502(f) of title 32 to reimburse the Department of
Defense for the costs of that support, notwithstanding any
other provision of law. No other provision of this chapter
shall apply to such support.
``(2) Any funds received by the Department of Defense under
this subsection as reimbursement for support provided by
personnel of the National Guard shall be credited, at the
election of the Secretary of Defense, to the following:
``(A) The appropriation, fund, or account used to
fund the support.
``(B) The appropriation, fund, or account currently
available for reimbursement purposes.
``(c) An agency to which support is provided under this
chapter or section 502(f) of title 32 is not required to
reimburse the Department of Defense for such support if the
Secretary of Defense waives reimbursement. The Secretary may
waive the reimbursement requirement under this subsection if
such support--
``(1) is provided in the normal course of military
training or operations; or
``(2) results in a benefit to the element of the
Department of Defense or personnel of the National
Guard providing the support that is substantially
equivalent to that which would otherwise be obtained
from military operations or training.''.
SEC. 1062. CONGRESSIONAL COMMISSION ON THE STRATEGIC POSTURE OF THE
UNITED STATES.
(a) Establishment.--There is hereby established a
commission to be known as the ``Congressional Commission on the
Strategic Posture of the United States''. The purpose of the
commission is to examine and make recommendations with respect
to the long-term strategic posture of the United States.
(b) Composition.--
(1) Membership.--The commission shall be composed
of 12 members appointed as follows:
(A) Three by the chairman of the Committee
on Armed Services of the House of
Representatives.
(B) Three by the ranking minority member of
the Committee on Armed Services of the House of
Representatives.
(C) Three by the chairman of the Committee
on Armed Services of the Senate.
(D) Three by the ranking minority member of
the Committee on Armed Services of the Senate.
(2) Chairman; vice chairman.--
(A) Chairman.--The chairman of the
Committee on Armed Services of the House of
Representatives and the chairman of the
Committee on Armed Services of the Senate shall
jointly designate one member of the commission
to serve as chairman of the commission.
(B) Vice chairman.--The ranking minority
member of the Committee on Armed Services of
the House of Representatives and the ranking
minority member of the Committee on Armed
Services of the Senate shall jointly designate
one member of the commission to serve as vice
chairman of the commission.
(3) Period of appointment; vacancies.--Members
shall be appointed for the life of the commission. Any
vacancy in the commission shall be filled in the same
manner as the original appointment.
(c) Duties.--
(1) Review.--The commission shall conduct a review
of the strategic posture of the United States,
including a strategic threat assessment and a detailed
review of nuclear weapons policy, strategy, and force
structure.
(2) Assessment and recommendations.--
(A) Assessment.--The commission shall
assess the benefits and risks associated with
the current strategic posture and nuclear
weapons policies of the United States.
(B) Recommendations.--The commission shall
make recommendations as to the most appropriate
strategic posture and most effective nuclear
weapons strategy.
(d) Cooperation From Government.--
(1) Cooperation.--In carrying out its duties, the
commission shall receive the full and timely
cooperation of the Secretary of Defense, the Secretary
of Energy, the Secretary of State, the Director of
National Intelligence, and any other United States
Government official in providing the commission with
analyses, briefings, and other information necessary
for the fulfillment of its responsibilities.
(2) Liaison.--The Secretary of Defense, the
Secretary of Energy, the Secretary of State, and the
Director of National Intelligence shall each designate
at least one officer or employee of the Department of
Defense, the Department of Energy, the Department of
State, and the intelligence community, respectively, to
serve as a liaison officer between the department (or
the intelligence community, as the case may be) and the
commission.
(e) Report.--Not later than December 1, 2008, the
commission shall submit to the President, the Secretary of
Defense, the Secretary of Energy, the Secretary of State, the
Committee on Armed Services of the Senate, and the Committee on
Armed Services of the House of Representatives a report on the
commission's findings, conclusions, and recommendations. The
report shall identify the strategic posture and nuclear weapons
strategy recommended under subsection (c)(2)(B) and shall
include--
(1) the military capabilities and force structure
necessary to support the strategy, including both
nuclear and non-nuclear capabilities that might support
the strategy;
(2) the number of nuclear weapons required to
support the strategy, including the number of
replacement warheads required, if any;
(3) the appropriate qualitative analysis, including
force-on-force exchange modeling, to calculate the
effectiveness of the strategy under various scenarios;
(4) the nuclear infrastructure (that is, the size
of the nuclear complex) required to support the
strategy;
(5) an assessment of the role of missile defenses
in the strategy;
(6) an assessment of the role of nonproliferation
programs in the strategy;
(7) the political and military implications of the
strategy for the United States and its allies; and
(8) any other information or recommendations
relating to the strategy (or to the strategic posture)
that the commission considers appropriate.
(f) Funding.--Of the amounts appropriated or otherwise made
available pursuant to this Act to the Department of Defense,
$5,000,000 is available to fund the activities of the
commission.
(g) Termination.--The commission shall terminate on June 1,
2009.
SEC. 1063. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) Chapter 3 is amended--
(A) by redesignating the section 127c added
by section 1201(a) of the John Warner National
Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2410) as section
127d and transferring that section so as to
appear immediately after the section 127c added
by section 1231(a) of the National Defense
Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3467); and
(B) by revising the table of sections at
the beginning of such chapter to reflect the
redesignation and transfer made by paragraph
(1).
(2) Section 629(d)(1) is amended by inserting a
comma after ``(a)''.
(3) Section 662(b) is amended by striking
``paragraphs (1), (2), and (3) of subsection (a)'' and
inserting ``paragraphs (1) and (2) of subsection (a)''.
(4) Subsections (c) and (d) of section 948r are
each amended by striking ``Defense Treatment Act of
2005'' each place it appears and inserting ``Detainee
Treatment Act of 2005''.
(5) The table of sections at the beginning of
subchapter VI of chapter 47A is amended by striking the
item relating to section 950j and inserting the
following:
``950j. Finality of proceedings, findings, and sentences.''.
(6) Section 950f(b) is amended by striking ``No
person may be serve'' and inserting ``No person may
serve''.
(7) The heading for section 950j is amended by
striking ``Finality or'' and inserting ``Finality of
''.
(8) Section 1034(b)(2) is amended by inserting
``unfavorable'' before ``action'' the second place it
appears.
(9) Section 1588(d)(1)(B) is amended by striking
``the Act of March 9, 1920, commonly known as the
`Suits in Admiralty Act' (41 Stat. 525; 46 U.S.C. App.
741 et seq.) and the Act of March 3, 1925, commonly
known as the `Public Vessels Act' (43 Stat. 1112; 46
U.S.C. App. 781 et seq.)'' and inserting ``chapters 309
and 311 of title 46''.
(10) The table of sections at the beginning of
chapter 137 is amended by striking the item relating to
section 2333 and inserting the following new item:
``2333. Joint policies on requirements definition, contingency program
management, and contingency contracting.''.
(11) The table of sections at the beginning of
chapter 141 is amended by inserting a period at the end
of the item relating to section 2410p.
(12) The table of sections at the beginning of
chapter 152 is amended by inserting a period at the end
of the item relating to section 2567.
(13) Section 2583(e) is amended by striking
``Dogs'' and inserting ``Animals''.
(14) Section 2668(e) is amended by striking ``and
(d)'' and inserting ``and (e)''.
(15) Section 12304(a) is amended by striking the
second period at the end.
(16) Section 14310(d)(1) is amended by inserting a
comma after ``(a)''.
(b) Title 37, United States Code.--Section 302c(d)(1) of
title 37, United States Code, is amended by striking ``Services
Corps'' and inserting ``Service Corps''.
(c) John Warner National Defense Authorization Act for
Fiscal Year 2007.--Effective as of October 17, 2006, and as if
included therein as enacted, the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364) is
amended as follows:
(1) Section 333(a) (120 Stat. 2151) is amended--
(A) by striking ``Section 332(c)'' and
inserting ``Section 332''; and
(B) in paragraph (1), by inserting ``in
subsection (c),'' after ``(1)''.
(2) Section 348(2) (120 Stat. 2159) is amended by
striking ``60 days of'' and inserting ``60 days
after''.
(3) Section 511(a)(2)(D)(i) (120 Stat. 2182) is
amended by inserting a comma after ``title''.
(4) Section 591(b)(1) (120 Stat. 2233) is amended
by inserting a period after ``this title''.
(5) Section 606(b)(1)(A) (120 Stat. 2246) is
amended by striking ``in'' and inserting ``In''.
(6) Section 670(b) (120 Stat. 2269) is amended by
striking ``such title'' and inserting ``such chapter''.
(7) Section 673 (120 Stat. 2271) is amended--
(A) in subsection (a)(1), by inserting
``the second place it appears'' before ``and
inserting'';
(B) in subsection (b)(1)--
(i) by striking ``Section'' and
inserting ``Subsection (a) of
section''; and
(ii) by inserting ``the second
place it appears'' before ``and
inserting''; and
(C) in subsection (c)(1), by inserting
``the second place it appears'' before ``and
inserting''.
(8) Section 842(a)(2) (120 Stat. 2337) is amended
by striking ``adding at the end'' and inserting
``inserting after the item relating to section 2533a''.
(9) Section 1017(b)(2) (120 Stat. 2379; 10 U.S.C.
2631 note) is amended by striking ``section 27'' and
all that follows through the period at the end and
inserting ``sections 12112 and 50501 and chapter 551 of
title 46, United States Code.''.
(10) Section 1071(f) (120 Stat. 2402) is amended by
striking ``identical'' both places it appears.
(11) Section 1231(d) (120 Stat. 2430; 22 U.S.C.
2776a(d)) is amended by striking ``note''.
(12) Section 2404(b)(2)(A)(ii) (120 Stat. 2459) is
amended by striking ``2906 of such Act'' and inserting
``2906A of such Act''.
(13) Section 2831 (120 Stat. 2480) is amended--
(A) by striking ``Section 2667(d)'' and
inserting ``Section 2667(e)''; and
(B) by inserting ``as redesignated by
section 662(b)(1) of this Act,'' after
``Code,''.
(d) Public Law 109-366.--Effective as of October 17, 2006,
and as if included therein as enacted, Public Law 109-366 is
amended as follows:
(1) Section 8(a)(3) (120 Stat. 2636) is amended by
inserting a semicolon after ``subsection''.
(2) Section 9(1) (120 Stat. 2636) is amended by
striking ``No. 1.'' and inserting ``No. 1,''.
(e) National Defense Authorization Act for Fiscal Year
2006.--Effective as of January 6, 2006, and as if included
therein as enacted, the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163) is amended as follows:
(1) Section 571 (119 Stat. 3270) is amended by
striking ``931 et seq.)'' and inserting ``921 et
seq.)''.
(2) Section 1052(j) (119 Stat. 3435) is amended by
striking ``Section 1049'' and inserting ``Section
1409''.
(f) Military Commissions Act of 2006.--Section 7 of the
Military Commissions Act of 2006 (Public Law 109-366) is
amended by striking ``added by added by'' and inserting ``added
by''.
(g) National Defense Authorization Act for Fiscal Year
2004.--The National Defense Authorization Act for Fiscal Year
2004 (Public Law 108-136) is amended as follows:
(1) Section 706(a) (117 Stat. 1529; 10 U.S.C. 1076b
note) is amended by striking ``those program'' and
inserting ``those programs''.
(2) Section 1413(a) (117 Stat. 1665; 41 U.S.C. 433
note) is amended by striking ``(A))'' and inserting
``(A)))''.
(3) Section 1602(e)(3) (117 Stat. 1683; 10 U.S.C.
2302 note) is amended by inserting ``Security'' after
``Health''.
(h) National Defense Authorization Act for Fiscal Year
1994.--Section 845(a) of the National Defense Authorization Act
for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended--
(1) in paragraph (2)(A), by inserting ``Research''
after ``Defense Advanced''; and
(2) in paragraph (3), by inserting ``Research''
after ``Defense Advanced''.
(i) National Defense Authorization Act for Fiscal Year
1993.--Section 722(a)(1) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 1073
note) is amended by striking ``155 Stat.'' and inserting ``115
Stat.''.
SEC. 1064. REPEAL OF CERTIFICATION REQUIREMENT.
Section 1063 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3445) is
repealed.
SEC. 1065. MAINTENANCE OF CAPABILITY FOR SPACE-BASED NUCLEAR DETECTION.
The Secretary of Defense shall maintain the capability for
space-based nuclear detection at a level that meets or exceeds
the level of capability as of the date of the enactment of this
Act.
SEC. 1066. SENSE OF CONGRESS REGARDING DETAINEES AT NAVAL STATION,
GUANTANAMO BAY, CUBA.
It is the sense of Congress that--
(1) the Nation extends its gratitude to the
military personnel who guard and interrogate some of
the world's most dangerous men every day at Naval
Station, Guantanamo Bay, Cuba;
(2) the United States Government should urge the
international community, in general, and in particular,
the home countries of the detainees who remain in
detention despite having been ordered released by a
Department of Defense administrative review board, to
work with the Department of Defense to facilitate and
expedite the repatriation of such detainees;
(3) detainees at Guantanamo Bay, to the maximum
extent possible, should be charged and expeditiously
prosecuted for crimes committed against the United
States; and
(4) operations at Guantanamo Bay should be carried
out in a way that upholds the national interest and
core values of the American people.
SEC. 1067. A REPORT ON TRANSFERRING INDIVIDUALS DETAINED AT NAVAL
STATION, GUANTANAMO BAY, CUBA.
(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report that
contains the Secretary's plan for each individual presently
detained at Naval Station, Guantanamo Bay, Cuba, under the
control of the Joint Task Force Guantanamo, who is or has ever
been classified as an ``enemy combatant'' (referred to in this
section as a ``detainee'').
(b) Contents of Report.--The report required under
subsection (a) shall include each of the following:
(1) An identification of the number of detainees
who, as of December 31, 2007, the Department
estimates--
(A) will have been or will be charged with
one or more crimes and may, therefore, be tried
before a military commission;
(B) will be subject of an order calling for
the release or transfer of the detainee from
the Guantanamo Bay facility; or
(C) will not have been charged with any
crimes and will not be subject to an order
calling for the release or transfer of the
detainee from the Guantanamo Bay facility, but
whom the Department wishes to continue to
detain.
(2) A description of the actions required to be
undertaken, by the Secretary of Defense, possibly the
heads of other Federal agencies, and Congress, to
ensure that detainees who are subject to an order
calling for their release or transfer from the
Guantanamo Bay facility have, in fact, been released.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may contain a classified
annex.
SEC. 1068. REPEAL OF PROVISIONS IN SECTION 1076 OF PUBLIC LAW 109-364
RELATING TO USE OF ARMED FORCES IN MAJOR PUBLIC
EMERGENCIES.
(a) Interference With State and Federal Laws.--
(1) In general.--Section 333 of title 10, United
States Code, is amended to read as follows:
``Sec. 333. Interference with State and Federal law
``The President, by using the militia or the armed forces,
or both, or by any other means, shall take such measures as he
considers necessary to suppress, in a State, any insurrection,
domestic violence, unlawful combination, or conspiracy, if it--
``(1) so hinders the execution of the laws of that
State, and of the United States within the State, that
any part or class of its people is deprived of a right,
privilege, immunity, or protection named in the
Constitution and secured by law, and the constituted
authorities of that State are unable, fail, or refuse
to protect that right, privilege, or immunity, or to
give that protection; or
``(2) opposes or obstructs the execution of the
laws of the United States or impedes the course of
justice under those laws.
In any situation covered by clause (1), the State shall be
considered to have denied the equal protection of the laws
secured by the Constitution.''.
(2) Proclamation to disperse.--Section 334 of such
title is amended by striking ``or those obstructing the
enforcement of the laws'' after ``insurgents''.
(3) Heading amendment.--The heading of chapter 15
of such title is amended to read as follows:
``CHAPTER 15--INSURRECTION''.
(4) Clerical amendments.--
(A) The table of sections at the beginning
of chapter 15 of such title is amended by
striking the item relating to section 333 and
inserting the following new item:
``333. Interference with State and Federal law.''.
(B) The tables of chapters at the beginning
of subtitle A of title 10, United States Code,
and at the beginning of part I of such
subtitle, are each amended by striking the item
relating to chapter 15 and inserting the
following new item:
``15. Insurrection................................................331''.
(b) Repeal of Section Relating to Provision of Supplies,
Services, and Equipment.--
(1) In general.--Section 2567 of title 10, United
States Code, is repealed.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 152 of such title is amended
by striking the item relating to section 2567.
(c) Conforming Amendment.--Section 12304(c) of such title
is amended by striking ``Except to perform'' and all that
follows through ``this section'' and inserting ``No unit or
member of a reserve component may be ordered to active duty
under this section to perform any of the functions authorized
by chapter 15 or section 12406 of this title or, except as
provided in subsection (b),''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 1069. STANDARDS REQUIRED FOR ENTRY TO MILITARY INSTALLATIONS IN
UNITED STATES.
(a) Development of Standards.--
(1) Access standards for visitors.--The Secretary
of Defense shall develop access standards applicable to
all military installations in the United States. The
standards shall require screening standards appropriate
to the type of installation involved, the security
level, category of individuals authorized to visit the
installation, and level of access to be granted,
including--
(A) protocols to determine the fitness of
the individual to enter an installation; and
(B) standards and methods for verifying the
identity of the individual.
(2) Additional criteria.--The standards required
under paragraph (1) may--
(A) provide for expedited access to a
military installation for Department of Defense
personnel and employees and family members of
personnel who reside on the installation;
(B) provide for closer scrutiny of
categories of individuals determined by the
Secretary of Defense to pose a higher potential
security risk; and
(C) in the case of an installation that the
Secretary determines contains particularly
sensitive facilities, provide additional
screening requirements, as well as physical and
other security measures for the installation.
(b) Use of Technology.--The Secretary of Defense is
encouraged to procure and field existing identification
screening technology and to develop additional technology only
to the extent necessary to assist commanders of military
installations in implementing the standards developed under
this section at points of entry for such installations.
(c) Deadlines.--
(1) Development and implementation.--The Secretary
of Defense shall develop the standards required under
this section by not later than July 1, 2008, and
implement such standards by not later than January 1,
2009.
(2) Submission to congress.--Not later than August
1, 2009, the Secretary shall submit to the Committees
on Armed Services of the Senate and House of
Representatives the standards implemented pursuant to
paragraph (1).
SEC. 1070. REVISED NUCLEAR POSTURE REVIEW.
(a) Requirement for Comprehensive Review.--In order to
clarify United States nuclear deterrence policy and strategy
for the near term, the Secretary of Defense shall conduct a
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.
(b) Elements of Review.--The nuclear posture review shall
include the following elements:
(1) The role of nuclear forces in United States
military strategy, planning, and programming.
(2) The policy requirements and objectives for the
United States to maintain a safe, reliable, and
credible nuclear deterrence posture.
(3) The relationship among United States nuclear
deterrence policy, targeting strategy, and arms control
objectives.
(4) The role that missile defense capabilities and
conventional strike forces play in determining the role
and size of nuclear forces.
(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.
(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.
(7) The active and inactive nuclear weapons
stockpile that will be required for implementing the
United States national and military strategy, including
any plans for replacing or modifying warheads.
(c) Report to Congress.--The Secretary of Defense shall
submit to Congress, in unclassified and classified forms as
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 section 118 of title 10, United
States Code, in 2009.
(d) Sense of Congress.--It is the sense of Congress that
the nuclear posture review conducted under this section should
be used as a basis for establishing future United States arms
control objectives and negotiating positions.
SEC. 1071. TERMINATION OF COMMISSION ON THE IMPLEMENTATION OF THE NEW
STRATEGIC POSTURE OF THE UNITED STATES.
Section 1051 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3431) is
repealed.
SEC. 1072. SECURITY CLEARANCES; LIMITATIONS.
(a) In General.--Title III of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 435b) is amended by
adding at the end the following new section:
``SEC. 3002. SECURITY CLEARANCES; LIMITATIONS.
``(a) Definitions.--In this section:
``(1) Controlled substance.--The term `controlled
substance' has the meaning given that term in section
102 of the Controlled Substances Act (21 U.S.C. 802).
``(2) Covered person.--The term `covered person'
means--
``(A) an officer or employee of a Federal
agency;
``(B) a member of the Army, Navy, Air
Force, or Marine Corps who is on active duty or
is in an active status; and
``(C) an officer or employee of a
contractor of a Federal agency.
``(3) Restricted data.--The term `Restricted Data'
has the meaning given that term in section 11 of the
Atomic Energy Act of 1954 (42 U.S.C. 2014).
``(4) Special access program.--The term `special
access program' has the meaning given that term in
section 4.1 of Executive Order 12958 (60 Fed. Reg.
19825).
``(b) Prohibition.--After January 1, 2008, the head of a
Federal agency may not grant or renew a security clearance for
a covered person who is an unlawful user of a controlled
substance or an addict (as defined in section 102(1) of the
Controlled Substances Act (21 U.S.C. 802)).
``(c) Disqualification.--
``(1) In general.--After January 1, 2008, absent an
express written waiver granted in accordance with
paragraph (2), the head of a Federal agency may not
grant or renew a security clearance described in
paragraph (3) for a covered person who--
``(A) has been convicted in any court of
the United States of a crime, was sentenced to
imprisonment for a term exceeding 1 year, and
was incarcerated as a result of that sentence
for not less than 1 year;
``(B) has been discharged or dismissed from
the Armed Forces under dishonorable conditions;
or
``(C) is mentally incompetent, as
determined by an adjudicating authority, based
on an evaluation by a duly qualified mental
health professional employed by, or acceptable
to and approved by, the United States
Government and in accordance with the
adjudicative guidelines required by subsection
(d).
``(2) Waiver authority.--In a meritorious case, an
exception to the disqualification in this subsection
may be authorized if there are mitigating factors. Any
such waiver may be authorized only in accordance with--
``(A) standards and procedures prescribed
by, or under the authority of, an Executive
Order or other guidance issued by the
President; or
``(B) the adjudicative guidelines required
by subsection (d).
``(3) Covered security clearances.--This subsection
applies to security clearances that provide for access
to--
``(A) special access programs;
``(B) Restricted Data; or
``(C) any other information commonly
referred to as `sensitive compartmented
information'.
``(4) Annual report.--
``(A) Requirement for report.--Not later
than February 1 of each year, the head of a
Federal agency shall submit a report to the
appropriate committees of Congress if such
agency employs or employed a person for whom a
waiver was granted in accordance with paragraph
(2) during the preceding year. Such annual
report shall not reveal the identity of such
person, but shall include for each waiver
issued the disqualifying factor under paragraph
(1) and the reasons for the waiver of the
disqualifying factor.
``(B) Definitions.--In this paragraph:
``(i) Appropriate committees of
congress.--The term `appropriate
committees of Congress' means, with
respect to a report submitted under
subparagraph (A) by the head of a
Federal agency--
``(I) the congressional
defense committees;
``(II) the congressional
intelligence committees;
``(III) the Committee on
Homeland Security and
Governmental Affairs of the
Senate;
``(IV) the Committee on
Oversight and Government Reform
of the House of
Representatives; and
``(V) each Committee of the
Senate or the House of
Representatives with oversight
authority over such Federal
agency.
``(ii) Congressional defense
committees.--The term `congressional
defense committees' has the meaning
given that term in section 101(a)(16)
of title 10, United States Code.
``(iii) Congressional intelligence
committees.--The term `congressional
intelligence committees' has the
meaning given that term in section 3 of
the National Security Act of 1947 (50
U.S.C. 401a).
``(d) Adjudicative Guidelines.--
``(1) Requirement to establish.--The President
shall establish adjudicative guidelines for determining
eligibility for access to classified information.
``(2) Requirements related to mental health.--The
guidelines required by paragraph (1) shall--
``(A) include procedures and standards
under which a covered person is determined to
be mentally incompetent and provide a means to
appeal such a determination; and
``(B) require that no negative inference
concerning the standards in the guidelines may
be raised solely on the basis of seeking mental
health counseling.''.
(b) Conforming Amendments.--
(1) Repeal.--Section 986 of title 10, United States
Code, is repealed.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 49 of such title is amended by
striking the item relating to section 986.
(3) Effective date.--The amendments made by this
subsection shall take effect on January 1, 2008.
SEC. 1073. IMPROVEMENTS IN THE PROCESS FOR THE ISSUANCE OF SECURITY
CLEARANCES.
(a) Demonstration Project.--Not later than 6 months after
the date of the enactment of this Act, the Secretary of Defense
and the Director of National Intelligence shall implement a
demonstration project that applies new and innovative
approaches to improve the processing of requests for security
clearances.
(b) Evaluation.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Defense and the
Director of National Intelligence shall carry out an evaluation
of the process for issuing security clearances and develop a
specific plan and schedule for replacing such process with an
improved process.
(c) Report.--Not later than 30 days after the date of the
completion of the evaluation required by subsection (b), the
Secretary of Defense and the Director of National Intelligence
shall submit to Congress a report on--
(1) the results of the demonstration project
carried out pursuant to subsection (a);
(2) the results of the evaluation carried out under
subsection (b); and
(3) the recommended specific plan and schedule for
replacing the existing process for issuing security
clearances with an improved process.
SEC. 1074. PROTECTION OF CERTAIN INDIVIDUALS.
(a) Protection for Department Leadership.--The Secretary of
Defense, under regulations prescribed by the Secretary and in
accordance with guidelines approved by the Secretary and the
Attorney General, may authorize qualified members of the Armed
Forces and qualified civilian employees of the Department of
Defense to provide physical protection and personal security
within the United States to the following persons who, by
nature of their positions, require continuous security and
protection:
(1) Secretary of Defense.
(2) Deputy Secretary of Defense.
(3) Chairman of the Joint Chiefs of Staff.
(4) Vice Chairman of the Joint Chiefs of Staff.
(5) Secretaries of the military departments.
(6) Chiefs of the Services.
(7) Commanders of combatant commands.
(b) Protection for Additional Personnel.--
(1) Authority to provide.--The Secretary of
Defense, under regulations prescribed by the Secretary
and in accordance with guidelines approved by the
Secretary and the Attorney General, may authorize
qualified members of the Armed Forces and qualified
civilian employees of the Department of Defense to
provide physical protection and personal security
within the United States to individuals other than
individuals described in paragraphs (1) through (7) of
subsection (a) if the Secretary determines that such
protection and security are necessary because--
(A) there is an imminent and credible
threat to the safety of the individual for whom
protection is to be provided; or
(B) compelling operational considerations
make such protection essential to the conduct
of official Department of Defense business.
(2) Personnel.--Individuals authorized to receive
physical protection and personal security under this
subsection include the following:
(A) Any official, military member, or
employee of the Department of Defense.
(B) A former or retired official who faces
serious and credible threats arising from
duties performed while employed by the
Department for a period of up to two years
beginning on the date on which the official
separates from the Department.
(C) A head of a foreign state, an official
representative of a foreign government, or any
other distinguished foreign visitor to the
United States who is primarily conducting
official business with the Department of
Defense.
(D) Any member of the immediate family of a
person authorized to receive physical
protection and personal security under this
section.
(E) An individual who has been designated
by the President, and who has received the
advice and consent of the Senate, to serve as
Secretary of Defense, but who has not yet been
appointed as Secretary of Defense.
(3) Limitation on delegation.--The authority of the
Secretary of Defense to authorize the provision of
physical protection and personal security under this
subsection may be delegated only to the Deputy
Secretary of Defense.
(4) Requirement for written determination.--A
determination of the Secretary of Defense to provide
physical protection and personal security under this
subsection shall be in writing, shall be based on a
threat assessment by an appropriate law enforcement,
security, or intelligence organization, and shall
include the name and title of the officer, employee, or
other individual affected, the reason for such
determination, the duration of the authorized
protection and security for such officer, employee, or
individual, and the nature of the arrangements for the
protection and security.
(5) Duration of protection.--
(A) Initial period of protection.--After
making a written determination under paragraph
(4), the Secretary of Defense may provide
protection and security to an individual under
this subsection for an initial period of not
more than 90 calendar days.
(B) Subsequent period.--If, at the end of
the period that protection and security is
provided to an individual under subsection (A),
the Secretary determines that a condition
described in subparagraph (A) or (B) of
paragraph (1) continues to exist with respect
to the individual, the Secretary may extend the
period that such protection and security is
provided for additional 60-day periods. The
Secretary shall review such a determination at
the end of each 60-day period to determine
whether to continue to provide such protection
and security.
(C) Requirement for compliance with
regulations.--Protection and personal security
provided under subparagraph (B) shall be
provided in accordance with the regulations and
guidelines referred to in paragraph (1).
(6) Submission to congress.--
(A) In general.--The Secretary of Defense
shall submit to the congressional defense
committees each determination made under
paragraph (4) to provide protection and
security to an individual and of each
determination under paragraph (5)(B) to extend
such protection and security, together with the
justification for such determination, not later
than 15 days after the date on which the
determination is made.
(B) Form of report.--A report submitted
under subparagraph (A) may be made in
classified form.
(C) Regulations and guidelines.--The
Secretary of Defense shall submit to the
congressional defense committees the
regulations and guidelines prescribed pursuant
to paragraph (1) not less than 20 days before
the date on which such regulations take effect.
(c) Definitions.--In this section:
(1) Congressional defense committees.--The term
``congressional defense committees'' means the
Committee on Appropriations and the Committee on Armed
Services of the Senate and the Committee on
Appropriations and the Committee on Armed Services of
the House of Representatives.
(2) Qualified members of the armed forces and
qualified civilian employees of the department of
defense.--The terms ``qualified members of the Armed
Forces'' and ``qualified civilian employees of the
Department of Defense'' refer collectively to members
or employees who are assigned to investigative, law
enforcement, or security duties of any of the
following:
(A) The Army Criminal Investigation
Command.
(B) The Naval Criminal Investigative
Service.
(C) The Air Force Office of Special
Investigations.
(D) The Defense Criminal Investigative
Service.
(E) The Pentagon Force Protection Agency.
(d) Construction.--
(1) No additional law enforcement or arrest
authority.--Other than the authority to provide
protection and security under this section, nothing in
this section may be construed to bestow any additional
law enforcement or arrest authority upon the qualified
members of the Armed Forces and qualified civilian
employees of the Department of Defense.
(2) Posse comitatus.--Nothing in this section shall
be construed to abridge section 1385 of title 18,
United States Code.
(3) Authorities of other departments.--Nothing in
this section may be construed to preclude or limit, in
any way, the express or implied powers of the Secretary
of Defense or other Department of Defense officials, or
the duties and authorities of the Secretary of State,
the Director of the United States Secret Service, the
Director of the United States Marshals Service, or any
other Federal law enforcement agency.
SEC. 1075. MODIFICATION OF AUTHORITIES ON COMMISSION TO ASSESS THE
THREAT TO THE UNITED STATES FROM ELECTROMAGNETIC
PULSE ATTACK.
(a) Extension of Date of Submittal of Final Report.--
Section 1403(a) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 50 U.S.C. 2301 note) is amended by striking
``June 30, 2007'' and inserting ``November 30, 2008''.
(b) Coordination of Work With Department of Homeland
Security.--Section 1404 of such Act is amended by adding at the
end the following new subsection:
``(c) Coordination With Department of Homeland Security.--
The Commission and the Secretary of Homeland Security shall
jointly ensure that the work of the Commission with respect to
electromagnetic pulse attack on electricity infrastructure, and
protection against such attack, is coordinated with Department
of Homeland Security efforts on such matters.''.
(c) Limitation on Department of Defense Funding.--The
aggregate amount of funds provided by the Department of Defense
to the Commission to Assess the Threat to the United States
from Electromagnetic Pulse Attack for purposes of the
preparation and submittal of the final report required by
section 1403(a) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as amended by
subsection (a)), whether by transfer or otherwise and including
funds provided the Commission before the date of the enactment
of this Act, shall not exceed $5,600,000.
SEC. 1076. SENSE OF CONGRESS ON SMALL BUSINESS INNOVATION RESEARCH
PROGRAM.
It is the sense of Congress that--
(1) the Department of Defense's Small Business
Innovation Research program has been effective in
supporting the performance of the missions of the
Department of Defense, by stimulating technological
innovation through investments in small business
research activities;
(2) the Department of Defense's Small Business
Innovation Research program has transitioned a number
of technologies and systems into operational use by
warfighters; and
(3) the Department of Defense's Small Business
Innovation Research program should be reauthorized so
as to ensure that the program's activities can continue
seamlessly, efficiently, and effectively.
SEC. 1077. REVISION OF PROFICIENCY FLYING DEFINITION.
Subsection (c) of section 2245 of title 10, United States
Code, is amended to read as follows:
``(c) In this section, the term `proficiency flying' means
flying performed under competent orders by a rated or
designated member of the armed forces while serving in a non-
aviation assignment or in an assignment in which skills would
normally not be maintained in the performance of assigned
duties.''.
SEC. 1078. QUALIFICATIONS FOR PUBLIC AIRCRAFT STATUS OF AIRCRAFT UNDER
CONTRACT WITH THE ARMED FORCES.
(a) Definition of Public Aircraft.--Section 40102(a)(41)(E)
of title 49, United States Code, is amended--
(1) by inserting ``or other commercial air
service'' after ``transportation''; and
(2) by adding at the end the following: ``In the
preceding sentence, the term `other commercial air
service' means an aircraft operation that (i) is within
the United States territorial airspace; (ii) the
Administrator of the Federal Aviation Administration
determines is available for compensation or hire to the
public, and (iii) must comply with all applicable civil
aircraft rules under title 14, Code of Federal
Regulations.''.
(b) Aircraft Operated by the Armed Forces.--Section
40125(c)(1)(C) of such title is amended by inserting ``or other
commercial air service'' after ``transportation''.
(c) Conforming Amendments.--
(1) Section 40125(b) of such title is amended by
striking ``40102(a)(37)'' and inserting
``40102(a)(41)''.
(2) Section 40125(c)(1) of such title is amended by
striking ``40102(a)(37)(E)'' and inserting
``40102(a)(41)(E)''.
SEC. 1079. COMMUNICATIONS WITH THE COMMITTEES ON ARMED SERVICES OF THE
SENATE AND THE HOUSE OF REPRESENTATIVES.
(a) Requests of Committees.--The Director of the National
Counterterrorism Center, the Director of a national
intelligence center, or the head of any element of the
intelligence community shall, not later than 45 days after
receiving a written request from the Chair or ranking minority
member of the Committee on Armed Services of the Senate or the
Committee on Armed Services of the House of Representatives for
any existing intelligence assessment, report, estimate, or
legal opinion relating to matters within the jurisdiction of
such Committee, make available to such committee such
assessment, report, estimate, or legal opinion, as the case may
be.
(b) Assertion of Privilege.--
(1) In general.--In response to a request covered
by subsection (a), the Director of the National
Counterterrorism Center, the Director of a national
intelligence center, or the head of any element of the
intelligence community shall provide to the Committee
making such request the document or information covered
by such request unless the President determines that
such document or information shall not be provided
because the President is asserting a privilege pursuant
to the Constitution of the United States.
(2) Submission to congress.--The White House
Counsel shall submit to Congress in writing any
assertion by the President under paragraph (1) of a
privilege pursuant to the Constitution.
(c) Definitions.--In this section:
(1) Intelligence community.--The term
``intelligence community'' has the meaning given the
term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).
(2) Intelligence assessment.--The term
``intelligence assessment'' means an intelligence-
related analytical study of a subject of policy
significance and does not include building-block
papers, research projects, and reference aids.
(3) Intelligence estimate.--The term ``intelligence
estimate'' means an appraisal of available intelligence
relating to a specific situation or condition with a
view to determining the courses of action open to an
enemy or potential enemy and the probable order of
adoption of such courses of action.
SEC. 1080. RETENTION OF REIMBURSEMENT FOR PROVISION OF RECIPROCAL FIRE
PROTECTION SERVICES.
Section 5 of the Act of May 27, 1955 (chapter 105; 69 Stat.
67; 42 U.S.C. 1856d) is amended--
(1) by striking ``Funds'' and inserting ``(a)
Funds''; and
(2) by adding at the end the following new
subsection:
``(b) Notwithstanding the provisions of subsection (a), all
sums received for any Department of Defense activity for fire
protection rendered pursuant to this Act shall be credited to
the appropriation fund or account from which the expenses were
paid. Amounts so credited shall be merged with funds in such
appropriation fund or account and shall be available for the
same purposes and subject to the same limitations as the funds
with which the funds are merged.''.
SEC. 1081. PILOT PROGRAM ON COMMERCIAL FEE-FOR-SERVICE AIR REFUELING
SUPPORT FOR THE AIR FORCE.
(a) Pilot Program Required.--The Secretary of Air Force
shall conduct, as soon as practicable after the date of
enactment of this Act, a pilot program to assess the
feasibility and advisability of utilizing commercial fee-for-
service air refueling tanker aircraft for Air Force operations.
The duration of the pilot program shall be at least five years
after commencement of the program.
(b) Purpose.--
(1) In general.--The pilot program required by
subsection (a) shall evaluate the feasibility of fee-
for-service air refueling to support, augment, or
enhance the air refueling mission of the Air Force by
utilizing commercial air refueling providers on a fee-
for-service basis.
(2) Elements.--In order to achieve the purpose of
the pilot program, the Secretary of the Air Force
shall--
(A) demonstrate and validate a
comprehensive strategy for air refueling on a
fee-for-service basis by evaluating all mission
areas, including testing support, training
support to receiving aircraft, homeland defense
support, deployment support, air bridge
support, aeromedical evacuation, and emergency
air refueling; and
(B) integrate fee-for-service air refueling
described in paragraph (1) into Air Mobility
Command operations during the evaluation and
execution phases of the pilot program.
(c) Annual Report.--The Secretary of the Air Force shall
provide to the congressional defense committees an annual
report on the fee-for-service air refueling program, which
includes--
(1) information with respect to--
(A) missions flown;
(B) mission areas supported;
(C) aircraft number, type, model series
supported;
(D) fuel dispensed;
(E) departure reliability rates;
(F) the annual and cumulative cost to the
Government for the program, including a
comparison of costs of the same service
provided by the Air Force;
(2) an assessment of the impact of outsourcing air
refueling on the Air Force's flying hour program and
aircrew training; and
(3) any other data that the Secretary determines is
appropriate for evaluating the performance of the
commercial air refueling providers participating in the
pilot program.
(d) Comptroller General Review.--The Comptroller General
shall submit to the congressional defense committees--
(1) an annual review of the conduct of the pilot
program under this section and any recommendations of
the Comptroller General for improving the program; and
(2) not later than 90 days after the completion of
the pilot program, a final assessment of the results of
the pilot program and the recommendations of the
Comptroller General for whether the Secretary of the
Air Force should continue to utilize fee-for-service
air refueling.
SEC. 1082. ADVISORY PANEL ON DEPARTMENT OF DEFENSE 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.
(b) Panel Matters.--
(1) In general.--The advisory panel required by
subsection (a) shall consist of individuals appointed
by the Secretary of Defense (in consultation with the
chairmen and ranking 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.
(2) Deadline for appointment.--All members of the
advisory panel shall be appointed under this subsection
not later than 30 days after the date on which the
Secretary enters into the contract required by
subsection (c).
(3) Initial meeting.--The advisory panel shall
conduct its first meeting not later than 30 days after
the date that all appointments to the panel have been
made under this subsection.
(4) Procedures.--The advisory panel shall carry out
its duties under this section under procedures
established under subsection (c) by the federally
funded research and development center with which the
Secretary contracts under that subsection. Such
procedures shall include procedures for the selection
of a chairman of the advisory panel from among its
members.
(c) Support of Federally Funded Research and Development
Center.--
(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).
(2) Deadline for contract.--The Secretary shall
enter into the contract required by this subsection not
later than 60 days after the date of the enactment of
this Act.
(d) Duties of Panel.--The advisory panel required by
subsection (a) shall--
(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);
(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;
(3) assess policies, directives, and plans of the
Department of Defense in support of civilian
authorities in managing the consequences of a chemical,
biological, radiological, nuclear, or high-yield
explosive incident;
(4) assess the adequacy of policies and structures
of the Department of Defense for coordination with
other department and agencies of the Federal
Government, especially the 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);
(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;
(6) assess the equipment capabilities and needs of
the Department of Defense to provide support described
in paragraph (1);
(7) develop recommendations for modifying the
capabilities, plans, policies, equipment, and
structures evaluated or assessed under this subsection
in order to improve the provision by the Department of
Defense of the support described in paragraph (1); and
(8) assess and make recommendations on--
(A) whether there should be any additional
Weapons of Mass Destruction Civil Support
Teams, beyond the 55 already authorized and, if
so, how many additional Civil Support Teams,
and where they should be located; and
(B) what criteria and considerations are
appropriate to determine whether additional
Civil Support Teams are needed and, if so,
where they should be located.
(e) Cooperation of Other Agencies.--
(1) In general.--The advisory panel required by
subsection (a) may secure directly from the Department
of Defense, the Department of Homeland Security, the
Department of Energy, the Department of Justice, the
Department of Health and Human Services, and any other
department or agency of the Federal Government
information that the panel considers necessary for the
panel to carry out its duties.
(2) Cooperation.--The Secretary of Defense, the
Secretary of Homeland Secretary, the Secretary of
Energy, the Attorney General, the Secretary of Health
and Human Services, and any other official of the
United States shall provide the advisory panel with
full and timely cooperation in carrying out its duties
under this section.
(f) Report.--Not later than 12 months after the date of the
initial meeting of the advisory panel required by subsection
(a), the advisory panel shall submit to the Secretary of
Defense, and to the Committees on Armed Services of the Senate
and the House of Representatives, a report on activities under
this section. The report shall set forth--
(1) the findings, conclusions, and recommendations
of the advisory panel for improving the capabilities of
the Department of Defense to provide support to United
States civil authorities in the event of a chemical,
biological, radiological, nuclear, or high-yield
explosive incident; and
(2) such other findings, conclusions, and
recommendations for improving the capabilities of the
Department for homeland defense as the advisory panel
considers appropriate.
SEC. 1083. TERRORISM EXCEPTION TO IMMUNITY.
(a) Terrorism Exception to Immunity.--
(1) In general.--Chapter 97 of title 28, United
States Code, is amended by inserting after section 1605
the following:
``Sec. 1605A. Terrorism exception to the jurisdictional immunity of a
foreign state
``(a) In General.--
``(1) No immunity.--A foreign state shall not be
immune from the jurisdiction of courts of the United
States or of the States in any case not otherwise
covered by this chapter in which money damages are
sought against a foreign state for personal injury or
death that was caused by an act of torture,
extrajudicial killing, aircraft sabotage, hostage
taking, or the provision of material support or
resources for such an act if such act or provision of
material support or resources is engaged in by an
official, employee, or agent of such foreign state
while acting within the scope of his or her office,
employment, or agency.
``(2) Claim heard.--The court shall hear a claim
under this section if--
``(A)(i)(I) the foreign state was
designated as a state sponsor of terrorism at
the time the act described in paragraph (1)
occurred, or was so designated as a result of
such act, and, subject to subclause (II),
either remains so designated when the claim is
filed under this section or was so designated
within the 6-month period before the claim is
filed under this section; or
``(II) in the case of an action that is
refiled under this section by reason of section
1083(c)(2)(A) of the National Defense
Authorization Act for Fiscal Year 2008 or is
filed under this section by reason of section
1083(c)(3) of that Act, the foreign state was
designated as a state sponsor of terrorism when
the original action or the related action under
section 1605(a)(7) (as in effect before the
enactment of this section) or section 589 of
the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1997 (as
contained in 101(c) of Division A of Public Law
104-208) was filed;
``(ii) the claimant or the victim was, at
the time the act described in paragraph (1)
occurred--
``(I) a national of the United
States;
``(II) a member of the armed
forces; or
``(III) otherwise an employee of
the Government of the United States, or
of an individual performing a contract
awarded by the United States
Government, acting within the scope of
the employee's employment; and
``(iii) in a case in which the act occurred
in the foreign state against which the claim
has been brought, the claimant has afforded the
foreign state a reasonable opportunity to
arbitrate the claim in accordance with the
accepted international rules of arbitration; or
``(B) the act described in paragraph (1) is
related to Case Number 1:00CV03110 (EGS) in the
United States District Court for the District
of Columbia.
``(b) Limitations.--An action may be brought or maintained
under this section if the action is commenced, or a related
action was commenced under section 1605(a)(7) (before the date
of the enactment of this section) or section 589 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (as contained in 101(c) of Division A
of Public Law 104-208) not later than the latter of--
``(1) 10 years after April 24, 1996; or
``(2) 10 years after the date on which the cause of
action arose.
``(c) Private Right of Action.--A foreign state that is or
was a state sponsor of terrorism as described in subsection
(a)(2)(A)(i), and any official, employee, or agent of that
foreign state while acting within the scope of his or her
office, employment, or agency, shall be liable to--
``(1) a national of the United States,
``(2) a member of the armed forces,
``(3) an employee of the Government of the United
States, or of an individual performing a contract
awarded by the United States Government, acting within
the scope of the employee's employment, or
``(4) the legal representative of a person
described in paragraph (1), (2), or (3),
for personal injury or death caused by acts described in
subsection (a)(1) of that foreign state, or of an official,
employee, or agent of that foreign state, for which the courts
of the United States may maintain jurisdiction under this
section for money damages. In any such action, damages may
include economic damages, solatium, pain, and suffering, and
punitive damages. In any such action, a foreign state shall be
vicariously liable for the acts of its officials, employees, or
agents.
``(d) Additional Damages.--After an action has been brought
under subsection (c), actions may also be brought for
reasonably foreseeable property loss, whether insured or
uninsured, third party liability, and loss claims under life
and property insurance policies, by reason of the same acts on
which the action under subsection (c) is based.
``(e) Special Masters.--
``(1) In general.--The courts of the United States
may appoint special masters to hear damage claims
brought under this section.
``(2) Transfer of funds.--The Attorney General
shall transfer, from funds available for the program
under section 1404C of the Victims of Crime Act of 1984
(42 U.S.C. 10603c), to the Administrator of the United
States district court in which any case is pending
which has been brought or maintained under this section
such funds as may be required to cover the costs of
special masters appointed under paragraph (1). Any
amount paid in compensation to any such special master
shall constitute an item of court costs.
``(f) Appeal.--In an action brought under this section,
appeals from orders not conclusively ending the litigation may
only be taken pursuant to section 1292(b) of this title.
``(g) Property Disposition.--
``(1) In general.--In every action filed in a
United States district court in which jurisdiction is
alleged under this section, the filing of a notice of
pending action pursuant to this section, to which is
attached a copy of the complaint filed in the action,
shall have the effect of establishing a lien of lis
pendens upon any real property or tangible personal
property that is--
``(A) subject to attachment in aid of
execution, or execution, under section 1610;
``(B) located within that judicial
district; and
``(C) titled in the name of any defendant,
or titled in the name of any entity controlled
by any defendant if such notice contains a
statement listing such controlled entity.
``(2) Notice.--A notice of pending action pursuant
to this section shall be filed by the clerk of the
district court in the same manner as any pending action
and shall be indexed by listing as defendants all named
defendants and all entities listed as controlled by any
defendant.
``(3) Enforceability.--Liens established by reason
of this subsection shall be enforceable as provided in
chapter 111 of this title.
``(h) Definitions.--For purposes of this section--
``(1) the term `aircraft sabotage' has the meaning
given that term in Article 1 of the Convention for the
Suppression of Unlawful Acts Against the Safety of
Civil Aviation;
``(2) the term `hostage taking' has the meaning
given that term in Article 1 of the International
Convention Against the Taking of Hostages;
``(3) the term `material support or resources' has
the meaning given that term in section 2339A of title
18;
``(4) the term `armed forces' has the meaning given
that term in section 101 of title 10;
``(5) the term `national of the United States' has
the meaning given that term in section 101(a)(22) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(22));
``(6) the term `state sponsor of terrorism' means a
country the government of which the Secretary of State
has determined, for purposes of section 6(j) of the
Export Administration Act of 1979 (50 U.S.C. App.
2405(j)), section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371), section 40 of the Arms Export
Control Act (22 U.S.C. 2780), or any other provision of
law, is a government that has repeatedly provided
support for acts of international terrorism; and
``(7) the terms `torture' and `extrajudicial
killing' have the meaning given those terms in section
3 of the Torture Victim Protection Act of 1991 (28
U.S.C. 1350 note).''.
(2) Amendment to chapter analysis.--The table of
sections at the beginning of chapter 97 of title 28,
United States Code, is amended by inserting after the
item relating to section 1605 the following:
``1605A. Terrorism exception to the jurisdictional immunity of a foreign
state.''.
(b) Conforming Amendments.--
(1) General exception.--Section 1605 of title 28,
United States Code, is amended--
(A) in subsection (a)--
(i) in paragraph (5)(B), by
inserting ``or'' after the semicolon;
(ii) in paragraph (6)(D), by
striking ``; or'' and inserting a
period; and
(iii) by striking paragraph (7);
(B) by repealing subsections (e) and (f);
and
(C) in subsection (g)(1)(A), by striking
``but for subsection (a)(7)'' and inserting
``but for section 1605A''.
(2) Counterclaims.--Section 1607(a) of title 28,
United States Code, is amended by inserting ``or
1605A'' after ``1605''.
(3) Property.--Section 1610 of title 28, United
States Code, is amended--
(A) in subsection (a)(7), by striking
``1605(a)(7)'' and inserting ``1605A'';
(B) in subsection (b)(2), by striking
``(5), or (7), or 1605(b)'' and inserting ``or
(5), 1605(b), or 1605A'';
(C) in subsection (f), in paragraphs (1)(A)
and (2)(A), by inserting ``(as in effect before
the enactment of section 1605A) or section
1605A'' after ``1605(a)(7)''; and
(D) by adding at the end the following:
``(g) Property in Certain Actions.--
``(1) In general.--Subject to paragraph (3), the
property of a foreign state against which a judgment is
entered under section 1605A, and the property of an
agency or instrumentality of such a state, including
property that is a separate juridical entity or is an
interest held directly or indirectly in a separate
juridical entity, is subject to attachment in aid of
execution, and execution, upon that judgment as
provided in this section, regardless of--
``(A) the level of economic control over
the property by the government of the foreign
state;
``(B) whether the profits of the property
go to that government;
``(C) the degree to which officials of that
government manage the property or otherwise
control its daily affairs;
``(D) whether that government is the sole
beneficiary in interest of the property; or
``(E) whether establishing the property as
a separate entity would entitle the foreign
state to benefits in United States courts while
avoiding its obligations.
``(2) United states sovereign immunity
inapplicable.--Any property of a foreign state, or
agency or instrumentality of a foreign state, to which
paragraph (1) applies shall not be immune from
attachment in aid of execution, or execution, upon a
judgment entered under section 1605A because the
property is regulated by the United States Government
by reason of action taken against that foreign state
under the Trading With the Enemy Act or the
International Emergency Economic Powers Act.
``(3) Third-party joint property holders.--Nothing
in this subsection shall be construed to supersede the
authority of a court to prevent appropriately the
impairment of an interest held by a person who is not
liable in the action giving rise to a judgment in
property subject to attachment in aid of execution, or
execution, upon such judgment.''.
(4) Victims of crime act.--Section 1404C(a)(3) of
the Victims of Crime Act of 1984 (42 U.S.C.
10603c(a)(3)) is amended by striking ``December 21,
1988 with respect to which an investigation or'' and
inserting ``October 23, 1983, with respect to which an
investigation or civil or criminal''.
(c) Application to Pending Cases.--
(1) In general.--The amendments made by this
section shall apply to any claim arising under section
1605A of title 28, United States Code.
(2) Prior actions.--
(A) In general.--With respect to any action
that--
(i) was brought under section
1605(a)(7) of title 28, United States
Code, or section 589 of the Foreign
Operations, Export Financing, and
Related Programs Appropriations Act,
1997 (as contained in 101(c) of
Division A of Public Law 104-208),
before the date of the enactment of
this Act,
(ii) relied upon either such
provision as creating a cause of
action,
(iii) has been adversely affected
on the grounds that either or both of
these provisions fail to create a cause
of action against the state, and
(iv) as of such date of enactment,
is before the courts in any form,
including on appeal or motion under
rule 60(b) of the Federal Rules of
Civil Procedure,
that action, and any judgment in the action
shall, on motion made by plaintiffs to the
United States district court where the action
was initially brought, or judgment in the
action was initially entered, be given effect
as if the action had originally been filed
under section 1605A(c) of title 28, United
States Code.
(B) Defenses waived.--The defenses of res
judicata, collateral estoppel, and limitation
period are waived--
(i) in any action with respect to
which a motion is made under
subparagraph (A), or
(ii) in any action that was
originally brought, before the date of
the enactment of this Act, under
section 1605(a)(7) of title 28, United
States Code, or section 589 of the
Foreign Operations, Export Financing,
and Related Programs Appropriations
Act, 1997 (as contained in 101(c) of
Division A of Public Law 104-208), and
is refiled under 1605A(c) of title 28,
United States Code,
to the extent such defenses are based on the
claim in the action.
(C) Time limitations.--A motion may be made
or an action may be refiled under subparagraph
(A) only--
(i) if the original action was
commenced not later than the latter
of--
(I) 10 years after April
24, 1996; or
(II) 10 years after the
cause of action arose; and
(ii) within the 60-day period
beginning on the date of the enactment
of this Act.
(3) Related actions.--If an action arising out of
an act or incident has been timely commenced under
section 1605(a)(7) of title 28, United States Code, or
section 589 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act,
1997 (as contained in 101(c) of Division A of Public
Law 104-208), any other action arising out of the same
act or incident may be brought under section 1605A of
title 28, United States Code, if the action is
commenced not later than the latter of 60 days after--
(A) the date of the entry of judgment in
the original action; or
(B) the date of the enactment of this Act.
(4) Preserving the jurisdiction of the courts.--
Nothing in section 1503 of the Emergency Wartime
Supplemental Appropriations Act, 2003 (Public Law 108-
11, 117 Stat. 579) has ever authorized, directly or
indirectly, the making inapplicable of any provision of
chapter 97 of title 28, United States Code, or the
removal of the jurisdiction of any court of the United
States.
(d) Severability.--If any provision of this section or the
amendments made by this section, or the application of such
provision to any person or circumstance, is held invalid, the
remainder of this section and such amendments, and the
application of such provision to other persons not similarly
situated or to other circumstances, shall not be affected by
such invalidation.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Extension of authority to waive annual limitation on total
compensation paid to Federal civilian employees working
overseas under areas of United States Central Command.
Sec. 1102. Continuation of life insurance coverage for Federal employees
called to active duty.
Sec. 1103. Transportation of dependents, household effects, and personal
property to former home following death of Federal employee
where death resulted from disease or injury incurred in the
Central Command area of responsibility.
Sec. 1104. Special benefits for civilian employees assigned on
deployment temporary change of station.
Sec. 1105. Death gratuity authorized for Federal employees.
Sec. 1106. Modifications to the National Security Personnel System.
Sec. 1107. Requirement for full implementation of personnel
demonstration project.
Sec. 1108. Authority for inclusion of certain Office of Defense Research
and Engineering positions in experimental personnel program
for scientific and technical personnel.
Sec. 1109. Pilot program for the temporary assignment of information
technology personnel to private sector organizations.
Sec. 1110. Compensation for Federal wage system employees for certain
travel hours.
Sec. 1111. Travel compensation for wage grade personnel.
Sec. 1112. Accumulation of annual leave by senior level employees.
Sec. 1113. Uniform allowances for civilian employees.
Sec. 1114. Flexibility in setting pay for employees who move from a
Department of Defense or Coast Guard nonappropriated fund
instrumentality position to a position in the General Schedule
pay system.
Sec. 1115. Retirement service credit for service as cadet or midshipman
at a military service academy.
Sec. 1116. Authorization for increased compensation for faculty and
staff of the Uniformed Services University of the Health
Sciences.
Sec. 1117. Report on establishment of a scholarship program for civilian
mental health professionals.
SEC. 1101. EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION ON TOTAL
COMPENSATION PAID TO FEDERAL CIVILIAN EMPLOYEES
WORKING OVERSEAS UNDER AREAS OF UNITED STATES
CENTRAL COMMAND.
Section 1105 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3450), as
amended by section 1105 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2409), is amended--
(1) in subsection (a)--
(A) by striking ``and 2007'' and inserting
``2007, and 2008''; and
(B) by striking ``Code).'' and inserting
``Code) or, during 2008, a military operation
(including a contingency operation, as so
defined) or an operation in response to an
emergency declared by the President.''; and
(2) in subsection (b), by striking ``2007.'' and
inserting ``2007 or 2008.''.
SEC. 1102. CONTINUATION OF LIFE INSURANCE COVERAGE FOR FEDERAL
EMPLOYEES CALLED TO ACTIVE DUTY.
Section 8706 of title 5, United States Code, is amended--
(1) by redesignating subsections (d) through (g) as
subsections (e) through (h), respectively; and
(2) by inserting after subsection (c) the
following:
``(d)(1) An employee who enters on approved leave without
pay in the circumstances described in paragraph (2) may elect
to have such employee's life insurance continue (beyond the end
of the 12 months of coverage provided for under subsection (a))
for an additional 12 months and arrange to pay currently into
the Employees' Life Insurance Fund, through such employee's
employing agency, both employee and agency contributions, from
the beginning of that additional 12 months of coverage. The
employing agency shall forward the premium payments to the
Fund. If the employee does not so elect, such employee's
insurance will continue during nonpay status and stop as
provided by subsection (a). An individual making an election
under this subsection may cancel that election at any time, in
which case such employee's insurance will stop as provided by
subsection (a) or upon receipt of notice of cancellation,
whichever is later.
``(2) This subsection applies in the case of any employee
who--
``(A) is a member of a reserve component of the
armed forces called or ordered to active duty under a
call or order that does not specify a period of 30 days
or less; and
``(B) enters on approved leave without pay to
perform active duty pursuant to such call or order.''.
SEC. 1103. TRANSPORTATION OF DEPENDENTS, HOUSEHOLD EFFECTS, AND
PERSONAL PROPERTY TO FORMER HOME FOLLOWING DEATH OF
FEDERAL EMPLOYEE WHERE DEATH RESULTED FROM DISEASE
OR INJURY INCURRED IN THE CENTRAL COMMAND AREA OF
RESPONSIBILITY.
(a) In General.--Paragraph (2) of section 5742(b) of title
5, United States Code, is amended to read as follows:
``(2) the expense of transporting his dependents,
including expenses of packing, crating, draying, and
transporting household effects and other personal
property to his former home or such other place as is
determined by the head of the agency concerned, if--
``(A) the employee died while performing
official duties outside the continental United
States or in transit thereto or therefrom; or
``(B) in the case of an employee who was a
party to a mandatory mobility agreement that
was in effect when the employee died--
``(i) the employee died in the
circumstances described in subparagraph
(A); or
``(ii)(I) the employee died as a
result of disease or injury incurred
while performing official duties--
``(aa) in an overseas
location that, at the time such
employee was performing such
official duties, was within the
area of responsibility of the
Commander of the United States
Central Command; and
``(bb) in direct support of
or directly related to a
military operation, including a
contingency operation (as
defined in section 101(13) of
title 10) or an operation in
response to an emergency
declared by the President; and
``(II) the employee's dependents
were residing either outside the
continental United States or within the
continental United States when the
employee died; and''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to deaths occurring on or after the
date of the enactment of this Act.
SEC. 1104. SPECIAL BENEFITS FOR CIVILIAN EMPLOYEES ASSIGNED ON
DEPLOYMENT TEMPORARY CHANGE OF STATION.
(a) Authority.--Subchapter II of chapter 57 of title 5,
United States Code, is amended by inserting after section 5737
the following:
``Sec. 5737a. Employees temporarily deployed in contingency operations
``(a) Definitions.--For purposes of this section--
``(1) the term `covered employee' means an
individual who--
``(A) is an employee of an Executive agency
or a military department, excluding a
Government controlled corporation; and
``(B) is assigned on a temporary change of
station in support of a contingency operation;
``(2) the term `temporary change of station', as
used with respect to an employee, means an assignment--
``(A) from the employee's official duty
station to a temporary duty station; and
``(B) for which such employee is eligible
for expenses under section 5737; and
``(3) the term `contingency operation' has the
meaning given such term by section 1482a(c) of title
10.
``(b) Quarters and Rations.--The head of an agency may
provide quarters and rations, without charge, to any covered
employee of such agency during the period of such employee's
temporary assignment (as described in subsection (a)(1)(B)).
``(c) Storage of Motor Vehicle.--The head of an agency may
provide for the storage, without charge, or for the
reimbursement of the cost of storage, of a motor vehicle that
is owned or leased by a covered employee of such agency (or by
a dependent of such an employee) and that is for the personal
use of the covered employee. This subsection shall apply--
``(1) with respect to storage during the period of
the employee's temporary assignment (as described in
subsection (a)(1)(B)); and
``(2) in the case of a covered employee, with
respect to not more than one motor vehicle as of any
given time.
``(d) Relationship to Other Benefits.--Any benefits under
this section shall be in addition to (and not in lieu of) any
other benefits for which the covered employee is otherwise
eligible.''.
(b) Clerical Amendment.--The table of sections for chapter
57 of such title is amended by inserting after the item
relating to section 5737 the following:
``5737a. Employees temporarily deployed in contingency operations.''.
SEC. 1105. DEATH GRATUITY AUTHORIZED FOR FEDERAL EMPLOYEES.
(a) Death Gratuity Authorized.--Chapter 81 of title 5,
United States Code, is amended by inserting after section 8102
the following:
``Sec. 8102a. Death gratuity for injuries incurred in connection with
employee's service with an Armed Force
``(a) Death Gratuity Authorized.--The United States shall
pay a death gratuity of up to $100,000 to or for the survivor
prescribed by subsection (d) immediately upon receiving
official notification of the death of an employee who dies of
injuries incurred in connection with the employee's service
with an Armed Force in a contingency operation.
``(b) Retroactive Payment in Certain Cases.--At the
discretion of the Secretary concerned, subsection (a) may apply
in the case of an employee who died, on or after October 7,
2001, and before the date of enactment of this section, as a
result of injuries incurred in connection with the employee's
service with an Armed Force in the theater of operations of
Operation Enduring Freedom or Operation Iraqi Freedom.
``(c) Relationship to Other Benefits.--The death gratuity
payable under this section shall be reduced by the amount of
any death gratuity provided under section 413 of the Foreign
Service Act of 1980, section 1603 of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Hurricane Recovery, 2006, or any other law of the United States
based on the same death.
``(d) Eligible Survivors.--
``(1) Subject to paragraph (5), a death gratuity
payable upon the death of a person covered by
subsection (a) shall be paid to or for the living
survivor highest on the following list:
``(A) The employee's surviving spouse.
``(B) The employee's children, as
prescribed by paragraph (2), in equal shares.
``(C) If designated by the employee, any
one or more of the following persons:
``(i) The employee's parents or
persons in loco parentis, as prescribed
by paragraph (3).
``(ii) The employee's brothers.
``(iii) The employee's sisters.
``(D) The employee's parents or persons in
loco parentis, as prescribed by paragraph (3),
in equal shares.
``(E) The employee's brothers and sisters
in equal shares.
Subparagraphs (C) and (E) of this paragraph include
brothers and sisters of the half blood and those
through adoption.
``(2) Paragraph (1)(B) applies, without regard to
age or marital status, to--
``(A) legitimate children;
``(B) adopted children;
``(C) stepchildren who were a part of the
decedent's household at the time of death;
``(D) illegitimate children of a female
decedent; and
``(E) illegitimate children of a male
decedent--
``(i) who have been acknowledged in
writing signed by the decedent;
``(ii) who have been judicially
determined, before the decedent's
death, to be his children;
``(iii) who have been otherwise
proved, by evidence satisfactory to the
employing agency, to be children of the
decedent; or
``(iv) to whose support the
decedent had been judicially ordered to
contribute.
``(3) Subparagraphs (C) and (D) of paragraph (1),
so far as they apply to parents and persons in loco
parentis, include fathers and mothers through adoption,
and persons who stood in loco parentis to the decedent
for a period of not less than one year at any time
before the decedent became an employee. However, only
one father and one mother, or their counterparts in
loco parentis, may be recognized in any case, and
preference shall be given to those who exercised a
parental relationship on the date, or most nearly
before the date, on which the decedent became an
employee.
``(4) Beginning on the date of the enactment of
this paragraph, a person covered by this section may
designate another person to receive not more than 50
percent of the amount payable under this section. The
designation shall indicate the percentage of the
amount, to be specified only in 10 percent increments
up to the maximum of 50 percent, that the designated
person may receive. The balance of the amount of the
death gratuity shall be paid to or for the living
survivors of the person concerned in accordance with
subparagraphs (A) through (E) of paragraph (1).
``(5) If a person entitled to all or a portion of a
death gratuity under paragraph (1) or (4) dies before
the person receives the death gratuity, it shall be
paid to the living survivor next in the order
prescribed by paragraph (1).
``(e) Definitions.--(1) The term `contingency operation'
has the meaning given to that term in section 1482a(c) of title
10, United States Code.
``(2) The term `employee' has the meaning provided in
section 8101 of this title, but also includes a nonappropriated
fund instrumentality employee, as defined in section 1587(a)(1)
of title 10.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 81 of such title is amended by inserting
after the item relating to section 8102 the following:
``8102a. Death gratuity for injuries incurred in connection with
employee's service with an Armed Force.''.
SEC. 1106. MODIFICATIONS TO THE NATIONAL SECURITY PERSONNEL SYSTEM.
(a) In General.--Section 9902 of title 5, United States
Code, is amended to read as follows:
``Sec. 9902. Establishment of human resources management system
``(a) In General.--The Secretary may, in regulations
prescribed jointly with the Director, establish, and from time
to time adjust, a human resources management system for some or
all of the organizational or functional units of the Department
of Defense. The human resources management system established
under authority of this section shall be referred to as the
`National Security Personnel System'.
``(b) System Requirements.--Any system established under
subsection (a) shall--
``(1) be flexible;
``(2) be contemporary;
``(3) not waive, modify, or otherwise affect--
``(A) the public employment principles of
merit and fitness set forth in section 2301,
including the principles of hiring based on
merit, fair treatment without regard to
political affiliation or other nonmerit
considerations, equal pay for equal work, and
protection of employees against reprisal for
whistleblowing;
``(B) any provision of section 2302,
relating to prohibited personnel practices;
``(C)(i) any provision of law referred to
in section 2302(b)(1), (8), and (9); or
``(ii) any provision of law implementing
any provision of law referred to in section
2302(b)(1), (8), and (9) by--
``(I) providing for equal
employment opportunity through
affirmative action; or
``(II) providing any right or
remedy available to any employee or
applicant for employment in the public
service;
``(D) any other provision of this part (as
described in subsection (d)); or
``(E) any rule or regulation prescribed
under any provision of law referred to in this
paragraph;
``(4) not apply to any prevailing rate employees,
as defined in section 5342(a)(2);
``(5) ensure that employees may organize, bargain
collectively, and participate through labor
organizations of their own choosing in decisions which
affect them, subject to any exclusion from coverage or
limitation on negotiability established pursuant to
law;
``(6) not be limited by any specific law or
authority under this title, or by any rule or
regulation prescribed under this title, that is waived
in regulations prescribed under this chapter, subject
to paragraph (3); and
``(7) include a performance management system that
incorporates the following elements:
``(A) Adherence to merit principles set
forth in section 2301.
``(B) A fair, credible, and transparent
employee performance appraisal system.
``(C) A link between the performance
management system and the agency's strategic
plan.
``(D) A means for ensuring employee
involvement in the design and implementation of
the system.
``(E) Adequate training and retraining for
supervisors, managers, and employees in the
implementation and operation of the performance
management system.
``(F) A process for ensuring ongoing
performance feedback and dialogue between
supervisors, managers, and employees throughout
the appraisal period, and setting timetables
for review.
``(G) Effective safeguards to ensure that
the management of the system is fair and
equitable and based on employee performance.
``(H) A means for ensuring that adequate
agency resources are allocated for the design,
implementation, and administration of the
performance management system.
``(I) A pay-for-performance evaluation
system to better link individual pay to
performance, and provide an equitable method
for appraising and compensating employees.
``(c) Personnel Management at Defense Laboratories.--
``(1) The National Security Personnel System shall
not apply with respect to a laboratory under paragraph
(2) before October 1, 2011, and shall apply on or after
October 1, 2011, only to the extent that the Secretary
determines that the flexibilities provided by the
National Security Personnel System are greater than the
flexibilities provided to those laboratories pursuant
to section 342 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2721) and section 1101 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (5
U.S.C. 3104 note), respectively.
``(2) The laboratories to which this subsection
applies are--
``(A) the Aviation and Missile Research
Development and Engineering Center;
``(B) the Army Research Laboratory;
``(C) the Medical Research and Materiel
Command;
``(D) the Engineer Research and Development
Command;
``(E) the Communications-Electronics
Command;
``(F) the Soldier and Biological Chemical
Command;
``(G) the Naval Sea Systems Command
Centers;
``(H) the Naval Research Laboratory;
``(I) the Office of Naval Research; and
``(J) the Air Force Research Laboratory.
``(d) Other Nonwaivable Provisions.--The other provisions
of this part referred to in subsection (b)(3)(D) are--
``(1) subparts A, B, E, G, and H of this part; and
``(2) chapters 41, 45, 47, 55 (except subchapter V
thereof, apart from section 5545b), 57, 59, 71, 72, 73,
75, 77, and 79, and this chapter.
``(e) Limitations Relating to Pay.--
``(1) Nothing in this section shall constitute
authority to modify the pay of any employee who serves
in an Executive Schedule position under subchapter II
of chapter 53.
``(2) Except as provided for in paragraph (1), the
total amount in a calendar year of allowances,
differentials, bonuses, awards, or other similar cash
payments paid under this title to any employee who is
paid under section 5376 or 5383 or under title 10 or
under other comparable pay authority established for
payment of Department of Defense senior executive or
equivalent employees may not exceed the total annual
compensation payable to the Vice President under
section 104 of title 3.
``(3) To the maximum extent practicable, the rates
of compensation for civilian employees at the
Department of Defense shall be adjusted at the same
rate, and in the same proportion, as are rates of
compensation for members of the uniformed services.
``(4) To the maximum extent practicable, for fiscal
years 2004 through 2012, the overall amount allocated
for compensation of the civilian employees of an
organizational or functional unit of the Department of
Defense that is included in the National Security
Personnel System shall not be less than the amount that
would have been allocated for compensation of such
employees for such fiscal year if they had not been
converted to the National Security Personnel System,
based on, at a minimum--
``(A) the number and mix of employees in
such organizational or functional unit prior to
the conversion of such employees to the
National Security Personnel System; and
``(B) adjusted for normal step increases
and rates of promotion that would have been
expected, had such employees remained in their
previous pay schedule.
``(5) To the maximum extent practicable, the
regulations implementing the National Security
Personnel System shall provide a formula for
calculating the overall amount to be allocated for
fiscal years after fiscal year 2012 for compensation of
the civilian employees of an organization or functional
unit of the Department of Defense that is included in
the National Security Personnel System. The formula
shall ensure that in the aggregate, employees are not
disadvantaged in terms of the overall amount of pay
available as a result of conversion to the National
Security Personnel System, while providing flexibility
to accommodate changes in the function of the
organization, changes in the mix of employees
performing those functions, and other changed
circumstances that might impact pay levels.
``(6) Amounts allocated for compensation of
civilian employees of the Department of Defense
pursuant to paragraphs (4) and (5) shall be available
only for the purpose of providing such compensation.
``(7) At the time of any annual adjustment to pay
schedules pursuant to section 5303, the rate of basic
pay for each employee of an organizational or
functional unit of the Department of Defense that is
included in the National Security Personnel System who
receives a performance rating above unacceptable or who
does not have a current rating of record for the most
recently completed appraisal period shall be adjusted
by no less than 60 percent of the amount of such
adjustment. The balance of the amount that would have
been available for an annual adjustment under section
5303 shall be allocated to pay pool funding, for the
purpose of increasing rates of pay on the basis of
employee performance.
``(8) Each employee of an organizational or
functional unit of the Department of Defense that is
included in the National Security Personnel System who
receives a performance rating above unacceptable or who
does not have a current rating of record for the most
recently completed appraisal period shall receive--
``(A) locality-based comparability payments
under section 5304 and section 5304a in the
same manner and to the same extent as employees
under the General Schedule; or
``(B) the full measure of any other local
market supplement applicable to the employee if
locality-based comparability payments referred
to in subparagraph (A) are not generally
applicable to the employee.
Nothing in this paragraph shall be construed to make
locality-based comparability payments or other local
market supplements payable to any category of employees
or positions which were ineligible for such payments or
supplements (as the case may be) as of the day before
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2004.
``(9) Any rate of pay established or adjusted in
accordance with the requirements of this section shall
be non-negotiable, but shall be subject to procedures
and appropriate arrangements of paragraphs (2) and (3)
of section 7106(b), except that nothing in this
paragraph shall be construed to eliminate the
bargaining rights of any category of employees who were
authorized to negotiate rates of pay as of the day
before the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2004.
``(f) Provisions Regarding National Level Bargaining.--
``(1) The Secretary may bargain with a labor
organization which has been accorded exclusive
recognition under chapter 71 at an organizational level
above the level of exclusive recognition. The decision
to bargain above the level of exclusive recognition
shall not be subject to review. The Secretary shall
consult with the labor organization before determining
the appropriate organizational level of bargaining.
``(2) Any such bargaining shall--
``(A) address issues that are--
``(i) subject to bargaining under
chapter 71 and this chapter;
``(ii) applicable to multiple
bargaining units; and
``(iii) raised by either party to
the bargaining;
``(B) except as agreed by the parties or
directed through an independent dispute
resolution process agreed upon by the parties,
be binding on all affected subordinate
bargaining units of the labor organization at
the level of recognition and their exclusive
representatives, and the Department of Defense
and its subcomponents, without regard to levels
of recognition;
``(C) to the extent agreed by the parties
or directed through an independent dispute
resolution process agreed upon by the parties,
supersede conflicting provisions of all other
collective bargaining agreements of the labor
organization, including collective bargaining
agreements negotiated with an exclusive
representative at the level of recognition; and
``(D) except as agreed by the parties or
directed through an independent dispute
resolution process agreed upon by the parties,
not be subject to further negotiations for any
purpose, including bargaining at the level of
recognition.
``(3) Any independent dispute resolution process
agreed to by the parties for the purposes of paragraph
(2) shall have the authority to address all issues on
which the parties are unable to reach agreement.
``(4) The National Guard Bureau and the Army and
Air Force National Guard may be included in coverage
under this subsection.
``(5) Any bargaining completed pursuant to this
subsection with a labor organization not otherwise
having national consultation rights with the Department
of Defense or its subcomponents shall not create any
obligation on the Department of Defense or its
subcomponents to confer national consultation rights on
such a labor organization.
``(g) Provisions Related to Separation and Retirement
Incentives.--
``(1) The Secretary may establish a program within
the Department of Defense under which employees may be
eligible for early retirement, offered separation
incentive pay to separate from service voluntarily, or
both. This authority may be used to reduce the number
of personnel employed by the Department of Defense or
to restructure the workforce to meet mission objectives
without reducing the overall number of personnel. This
authority is in addition to, and notwithstanding, any
other authorities established by law or regulation for
such programs.
``(2)(A) The Secretary may not authorize the
payment of voluntary separation incentive pay under
paragraph (1) to more than 25,000 employees in any
fiscal year, except that employees who receive
voluntary separation incentive pay as a result of a
closure or realignment of a military installation under
the Defense Base Closure and Realignment Act of 1990
(title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
shall not be included in that number.
``(B) The Secretary shall prepare a report each
fiscal year setting forth the number of employees who
received such pay as a result of a closure or
realignment of a military base as described under
subparagraph (A).
``(C) The Secretary shall submit the report under
subparagraph (B) to the Committee on Armed Services and
the Committee on Governmental Affairs of the Senate,
and the Committee on Armed Services and the Committee
on Government Reform of the House of Representatives.
``(3) For purposes of this section, the term
`employee' means an employee of the Department of
Defense, serving under an appointment without time
limitation, except that such term does not include--
``(A) a reemployed annuitant under
subchapter III of chapter 83 or chapter 84, or
another retirement system for employees of the
Federal Government;
``(B) an employee having a disability on
the basis of which such employee is or would be
eligible for disability retirement under any of
the retirement systems referred to in
subparagraph (A); or
``(C) for purposes of eligibility for
separation incentives under this section, an
employee who is in receipt of a decision notice
of involuntary separation for misconduct or
unacceptable performance.
``(4) An employee who is at least 50 years of age
and has completed 20 years of service, or has at least
25 years of service, may, pursuant to regulations
promulgated under this section, apply and be retired
from the Department of Defense and receive benefits in
accordance with chapter 83 or 84 if the employee has
been employed continuously within the Department of
Defense for more than 30 days before the date on which
the determination to conduct a reduction or
restructuring within 1 or more Department of Defense
components is approved.
``(5)(A) Separation pay shall be paid in a lump sum
or in installments and shall be equal to the lesser of
--
``(i) an amount equal to the amount the
employee would be entitled to receive under
section 5595(c), if the employee were entitled
to payment under such section; or
``(ii) $25,000.
``(B) Separation pay shall not be a basis for
payment, and shall not be included in the computation,
of any other type of Government benefit. Separation pay
shall not be taken into account for the purpose of
determining the amount of any severance pay to which an
individual may be entitled under section 5595, based on
any other separation.
``(C) Separation pay, if paid in installments,
shall cease to be paid upon the recipient's acceptance
of employment by the Federal Government, or
commencement of work under a personal services contract
as described in paragraph (6).
``(6)(A) An employee who receives separation pay
under such program may not be reemployed by the
Department of Defense for a 12-month period beginning
on the effective date of the employee's separation,
unless this prohibition is waived by the Secretary on a
case-by-case basis.
``(B) An employee who receives separation pay under
this section on the basis of a separation occurring on
or after the date of the enactment of the Federal
Workforce Restructuring Act of 1994 (Public Law 103-
226; 108 Stat. 111) and accepts employment with the
Government of the United States, or who commences work
through a personal services contract with the United
States within 5 years after the date of the separation
on which payment of the separation pay is based, shall
be required to repay the entire amount of the
separation pay to the Department of Defense. If the
employment is with an Executive agency (as defined by
section 105) other than the Department of Defense, the
Director may, at the request of the head of that
agency, waive the repayment if the individual involved
possesses unique abilities and is the only qualified
applicant available for the position. If the employment
is within the Department of Defense, the Secretary may
waive the repayment if the individual involved is the
only qualified applicant available for the position. If
the employment is with an entity in the legislative
branch, the head of the entity or the appointing
official may waive the repayment if the individual
involved possesses unique abilities and is the only
qualified applicant available for the position. If the
employment is with the judicial branch, the Director of
the Administrative Office of the United States Courts
may waive the repayment if the individual involved
possesses unique abilities and is the only qualified
applicant available for the position.
``(7) Under this program, early retirement and
separation pay may be offered only pursuant to
regulations established by the Secretary, subject to
such limitations or conditions as the Secretary may
require.
``(h) Provisions Relating to Reemployment.--
``(1) Except as provided under paragraph (2), if an
annuitant receiving an annuity from the Civil Service
Retirement and Disability Fund becomes employed in a
position within the Department of Defense, his annuity
shall continue. An annuitant so reemployed shall not be
considered an employee for purposes of subchapter III
of chapter 83 or chapter 84.
``(2)(A) An annuitant retired under section
8336(d)(1) or 8414(b)(1)(A) receiving an annuity from
the Civil Service Retirement and Disability Fund, who
becomes employed in a position within the Department of
Defense after the date of enactment of the National
Defense Authorization Act for Fiscal Year 2004 (Public
Law 108-136), may elect to be subject to section 8344
or 8468 (as the case may be).
``(B) An election for coverage under this paragraph
shall be filed not later than the later of 90 days
after the date the Department of Defense--
``(i) prescribes regulations to carry out
this subsection; or
``(ii) takes reasonable actions to notify
employees who may file an election.
``(C) If an employee files an election under this
paragraph, coverage shall be effective beginning on the
first day of the first applicable pay period beginning
on or after the date of the filing of the election.
``(D) Paragraph (1) shall apply to an individual
who is eligible to file an election under subparagraph
(A) and does not file a timely election under
subparagraph (B).
``(3) The Secretary shall prescribe regulations to
carry out this subsection.
``(i) Additional Provisions Relating to Personnel
Management.--
``(1) Subject to the requirements of chapter 71 and
the limitations in subsection (b)(3), the Secretary of
Defense, in establishing and implementing the National
Security Personnel System under subsection (a), shall
not be limited by any provision of this title or any
rule or regulation prescribed under this title in
establishing and implementing regulations relating to--
``(A) the methods of establishing
qualification requirements for, recruitment
for, and appointments to positions; and
``(B) the methods of assigning,
reassigning, detailing, transferring, or
promoting employees.
``(2) In implementing this subsection, the
Secretary shall comply with the provisions of section
2302(b)(11), regarding veterans' preference
requirements, as provided for in subsection (b)(3).
``(j) Phase-in.--The Secretary may not, in any calendar
year, add any organizational or functional unit to the National
Security Personnel System which would cause the total number of
employees added to such System in such year to exceed
100,000.''.
(b) Implementation.--
(1) The requirements of section 9902 of title 5,
United States Code, as amended by this section, may be
implemented through rules promulgated jointly by the
Secretary of Defense and the Director of the Office of
Personnel Management after notice and opportunity for
public comment or through Department of Defense rules
or internal agency implementing issuances. Rules
promulgated jointly by the Secretary and the Director
under this paragraph shall be treated as major rules
for the purposes of section 801 of title 5, United
States Code.
(2) Both rules and implementing issuances shall be
subject to collective bargaining consistent with the
requirements of chapter 71 of title 5, United States
Code. Rules promulgated jointly by the Secretary of
Defense and the Director of the Office of Personnel
Management after notice and opportunity for public
comment and in accordance with the requirements of
section 801 of such title 5 for a major rule shall be
treated in the same manner as government-wide rules for
the purpose of such collective bargaining, if such
rules are uniformly applicable to all organizational or
functional units included in the National Security
Personnel System.
(3) Any rules and implementing issuances that were
adopted prior to the date of the enactment of this
Act--
(A) shall be invalid to the extent that
they are inconsistent with the requirements of
section 9902 of title 5, United States Code, as
amended by this section;
(B) shall not supersede a collective
bargaining agreement that was in place prior to
the date on which the rule or implementing
issuance was promulgated; and
(C) shall be subject to collective
bargaining--
(i) in the case of rules which are
uniformly applicable to all
organizational or functional units
included in the National Security
Personnel System and issued jointly by
the Secretary of Defense and the
Director of the Office of Personnel
Management pursuant to subsection
9902(f)(1) of title 5, United States
Code (as in effect prior to the
enactment of this section), only as to
impact and implementation, when applied
to employees of the Department of
Defense from any bargaining unit;
(ii) in the case of any other rules
or implementing issuances, to the
extent provided in chapter 71 of title
5, United States Code.
(4) The availability of judicial review of any
rules or implementing issuances that were adopted prior
to the date of the enactment of this Act shall not be
affected by the enactment of this section.
(c) Comptroller General Reviews.--
(1) The Comptroller General shall conduct annual
reviews in calendar years 2008, 2009 and 2010 of--
(A) employee satisfaction with the National
Security Personnel System established pursuant
to section 9902 of title 5, United States Code,
as amended by this section; and
(B) the extent to which the Department of
Defense has effectively implemented
accountability mechanisms, including those
established in section 9902(b)(7) of title 5,
United States Code, and internal safeguards for
the National Security Personnel System.
(2) To the extent that the Department of Defense
undertakes internal assessments or employee surveys to
assess employee satisfaction with the National Security
Personnel System in any such calendar year, the
Comptroller General shall--
(A) determine whether such assessments or
surveys are appropriately designed and
statistically valid; and
(B) provide an independent evaluation of
the results of such assessments or surveys.
(3) To the extent that the Department of Defense
does not undertake appropriately designed and
statistically valid employee surveys, the Comptroller
General shall conduct such a survey and provide an
independent evaluation of the results.
(4) The Comptroller General shall report the
results of each annual review conducted under this
subsection to the Committees on Armed Services of the
Senate and the House of Representatives, the Committee
on Homeland Security and Governmental Affairs of the
Senate, and the Committee on Oversight and Government
Reform of the House of Representatives.
SEC. 1107. REQUIREMENT FOR FULL IMPLEMENTATION OF PERSONNEL
DEMONSTRATION PROJECT.
(a) Requirement.--The Secretary of Defense shall take all
necessary actions to fully implement and use the authorities
provided to the Secretary under section 342(b) of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2721), as amended by section 1114 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 114 Stat.
1654A-315), to carry out personnel management demonstration
projects at Department of Defense laboratories that are
exempted by section 9902(c) of title 5, United States Code,
from inclusion in the Department of Defense National Security
Personnel System.
(b) Process for Full Implementation.--The Secretary of
Defense shall also implement a process and implementation plan
to fully utilize the authorities described in subsection (a) to
enhance the performance of the missions of the laboratories.
(c) Other Laboratories.--Any flexibility available to any
demonstration laboratory shall be available for use at any
other laboratory as enumerated in section 9902(c)(2) of title
5, United States Code.
(d) Submission of List and Description.--Not later than
March 1 of each year, beginning with March 1, 2008, the
Secretary of Defense shall submit to Congress a list and
description of the demonstration project notices, amendments,
and changes requested by the laboratories during the preceding
calendar year. The list shall include all approved and
disapproved notices, amendments, and changes, and the reasons
for disapproval or delay in approval.
SEC. 1108. AUTHORITY FOR INCLUSION OF CERTAIN OFFICE OF DEFENSE
RESEARCH AND ENGINEERING POSITIONS IN EXPERIMENTAL
PERSONNEL PROGRAM FOR SCIENTIFIC AND TECHNICAL
PERSONNEL.
Section 1101(b)(1) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note) is
amended--
(1) in subparagraph (B), by striking ``and'' at the
end;
(2) in subparagraph (C), by adding ``and'' at the
end; and
(3) by adding after subparagraph (C) the following:
``(D) not more than a total of 10
scientific and engineering positions in the
Office of the Director of Defense Research and
Engineering;''.
SEC. 1109. PILOT PROGRAM FOR THE TEMPORARY ASSIGNMENT OF INFORMATION
TECHNOLOGY PERSONNEL TO PRIVATE SECTOR
ORGANIZATIONS.
(a) Assignment Authority.--The Secretary of Defense may,
with the agreement of the private sector organization and the
Department of Defense employee concerned, arrange for the
temporary assignment of such employee to such private sector
organization under this section. An employee shall be eligible
for such an assignment only if--
(1) the employee--
(A) works in the field of information
technology management;
(B) is considered to be an exceptional
employee;
(C) is expected to assume increased
information technology management
responsibilities in the future;
(D) is compensated at not less than the GS-
11 level (or the equivalent); and
(E) is serving under a career or career-
conditional appointment or an appointment of
equivalent tenure in the excepted service; and
(2) the proposed assignment meets applicable
requirements of section 209(b) of the E-Government Act
of 2002 (44 U.S.C. 3501 note).
(b) Agreements.--The Secretary of Defense shall provide for
a written agreement between the Department of Defense and the
employee concerned regarding the terms and conditions of the
employee's assignment under this section. The agreement--
(1) shall require that, upon completion of the
assignment, the employee will serve in the civil
service for a period equal to the length of the
assignment; and
(2) shall provide that if the employee fails to
carry out the agreement, such employee shall be liable
to the United States for payment of all expenses of the
assignment, unless that failure was for good and
sufficient reason (as determined by the Secretary of
Defense).
An amount for which an employee is liable under paragraph (2)
shall be treated as a debt due the United States.
(c) Termination.--An assignment under this section may, at
any time and for any reason, be terminated by the Department of
Defense or the private sector organization concerned.
(d) Duration.--An assignment under this section shall be
for a period of not less than 3 months and not more than 1
year, and may be extended in 3-month increments for a total of
not more than 1 additional year; however, no assignment under
this section may commence after September 30, 2010.
(e) Considerations.--In carrying out this section, the
Secretary of Defense--
(1) shall ensure that, of the assignments made
under this section each year, at least 20 percent are
to small business concerns (as defined by section
3703(e)(2)(A) of title 5, United States Code); and
(2) shall take into consideration the question of
how assignments under this section might best be used
to help meet the needs of the Department of Defense
with respect to the training of employees in
information technology management.
(f) Numerical Limitation.--In no event may more than 10
employees be participating in assignments under this section as
of any given time.
(g) Reporting Requirement.--
(1) In general.--Not later than 6 months after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a
report on the potential benefits of a program under
which employees specializing in information technology
may be temporarily assigned from private sector
organizations to the Department of Defense.
(2) Contents.--The report shall include--
(A) a statement of findings and an
explanation of the bases for those findings;
(B) an assessment of the laws, rules, and
processes relating to the prevention of
conflicts of interest and abuse which would
apply to private sector employees during the
period of their assignment to the Department of
Defense, and whether they need to be
strengthened or otherwise changed;
(C) mechanisms proposed for the governance
and oversight of the program; and
(D) recommendations for any legislation
which may be necessary.
SEC. 1110. COMPENSATION FOR FEDERAL WAGE SYSTEM EMPLOYEES FOR CERTAIN
TRAVEL HOURS.
Section 5544(a) of title 5, United States Code, is amended
in clause (iv) (in the third sentence following paragraph (3)),
by striking ``administratively.'' and inserting
``administratively (including travel by the employee to such
event and the return of the employee from such event to the
employee's official duty station).''.
SEC. 1111. TRAVEL COMPENSATION FOR WAGE GRADE PERSONNEL.
(a) Eligibility for Compensatory Time Off for Travel.--
Section 5550b(a) of title 5, United States Code, is amended by
striking ``section 5542(b)(2),'' and inserting ``any provision
of section 5542(b)(2) or 5544(a),''.
(b) Conforming Amendment.--Section 5541(2)(xi) of such
title is amended by striking ``section 5544'' and inserting
``section 5544 or 5550b''.
(c) Effective Date.--The amendments made by this section
shall take effect on the earlier of--
(1) the effective date of any regulations
prescribed to carry out such amendments; or
(2) the 90th day after the date of the enactment of
this Act.
SEC. 1112. ACCUMULATION OF ANNUAL LEAVE BY SENIOR LEVEL EMPLOYEES.
Section 6304(f)(1) of title 5, United States Code, is
amended--
(1) in the matter before subparagraph (A), by
striking ``in a position in--'' and inserting ``in--'';
(2) in subparagraphs (A) through (E), by inserting
``a position in'' before ``the'';
(3) in subparagraph (D), by striking ``or'' at the
end;
(4) in subparagraph (E), by striking the period and
inserting a semicolon; and
(5) by adding after subparagraph (E) the following:
``(F) a position to which section 5376 applies; or
``(G) a position designated under section 1607(a)
of title 10 as an Intelligence Senior Level
position.''.
SEC. 1113. UNIFORM ALLOWANCES FOR CIVILIAN EMPLOYEES.
Section 1593(b) of title 10, United States Code, is amended
by striking ``$400 per year.'' and inserting ``$400 per year
(or such higher maximum amount as the Secretary of Defense may
by regulation prescribe).''.
SEC. 1114. FLEXIBILITY IN SETTING PAY FOR EMPLOYEES WHO MOVE FROM A
DEPARTMENT OF DEFENSE OR COAST GUARD
NONAPPROPRIATED FUND INSTRUMENTALITY POSITION TO A
POSITION IN THE GENERAL SCHEDULE PAY SYSTEM.
Section 5334(f) of title 5, United States Code, is
amended--
(1) by striking ``(f)'' and inserting ``(f)(1)'';
(2) in the first sentence, by striking ``does not
exceed'' and all that follows through ``2105(c).'' and
inserting the following: ``does not exceed--
``(A) if the highest previous rate of basic pay
received by that employee during the employee's service
described in section 2105(c) is equal to a rate of the
appropriate grade, such rate of the appropriate grade;
``(B) if the employee's highest previous rate of
basic pay (as described in subparagraph (A)) is between
two rates of the appropriate grade, the higher of those
two rates; or
``(C) if the employee's highest previous rate of
basic pay (as described in subparagraph (A)) exceeds
the maximum rate of the appropriate grade, the maximum
rate of the appropriate grade.''; and
(3) in the second sentence, by striking ``In the
case of'' and inserting the following:
``(2) In the case of''.
SEC. 1115. RETIREMENT SERVICE CREDIT FOR SERVICE AS CADET OR MIDSHIPMAN
AT A MILITARY SERVICE ACADEMY.
(a) Civil Service Retirement System.--Section 8331(13) of
title 5, United States Code, is amended by striking ``but'' and
inserting ``and includes service as a cadet at the United
States Military Academy, the United States Air Force Academy,
or the United States Coast Guard Academy, or as a midshipman at
the United States Naval Academy, but''.
(b) Federal Employees' Retirement System.--Section 8401(31)
of such title is amended by striking ``but'' and inserting
``and includes service as a cadet at the United States Military
Academy, the United States Air Force Academy, or the United
States Coast Guard Academy, or as a midshipman at the United
States Naval Academy, but''.
(c) Applicability.--The amendments made by this section
shall apply to--
(1) any annuity, eligibility for which is based
upon a separation occurring before, on, or after the
date of enactment of this Act; and
(2) any period of service as a cadet at the United
States Military Academy, the United States Air Force
Academy, or the United States Coast Guard Academy, or
as a midshipman at the United States Naval Academy,
occurring before, on, or after the date of enactment of
this Act.
SEC. 1116. AUTHORIZATION FOR INCREASED COMPENSATION FOR FACULTY AND
STAFF OF THE UNIFORMED SERVICES UNIVERSITY OF THE
HEALTH SCIENCES.
Section 2113(c) of title 10, United States Code, as
redesignated by section 954(a)(3) of this Act, is amended--
(1) in paragraph (1)--
(A) by inserting ``(after due consideration
by the Secretary)'' before ``so as''; and
(B) by striking ``within the vicinity of
the District of Columbia'' and inserting
``identified by the Secretary for purposes of
this paragraph''; and
(2) in paragraph (4)--
(A) by striking ``section 5373'' and
inserting ``sections 5307 and 5373''; and
(B) by adding at the end the following new
sentence: ``In no event may the total amount of
compensation paid to an employee under
paragraph (1) in any year (including salary,
allowances, differentials, bonuses, awards, and
other similar cash payments) exceed the total
amount of annual compensation (excluding
expenses) specified in section 102 of title
3.''.
SEC. 1117. REPORT ON ESTABLISHMENT OF A SCHOLARSHIP PROGRAM FOR
CIVILIAN MENTAL HEALTH PROFESSIONALS.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall, in consultation with the Assistant Secretary of Defense
for Health Affairs and each of the Surgeons General of the
Armed Forces, submit to Congress a report on the feasibility
and advisability of establishing a scholarship program for
civilian mental health professionals.
(b) Elements.--The report shall include the following:
(1) An assessment of a potential scholarship
program that provides certain educational funding to
students seeking a career in mental health services in
exchange for service in the Department of Defense.
(2) An assessment of current scholarship programs
which may be expanded to include mental health
professionals.
(3) Recommendations regarding the establishment or
expansion of scholarship programs for mental health
professionals.
(4) A plan to implement, or reasons for not
implementing, recommendations that will increase mental
health staffing across the Department of Defense.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Military-to-military contacts and comparable activities.
Sec. 1202. Authority for support of military operations to combat
terrorism.
Sec. 1203. Medical care and temporary duty travel expenses for liaison
officers of certain foreign nations.
Sec. 1204. Extension and expansion of Department of Defense authority to
participate in multinational military centers of excellence.
Sec. 1205. Reauthorization of Commanders' Emergency Response Program.
Sec. 1206. Authority to build the capacity of the Pakistan Frontier
Corps.
Sec. 1207. Authority to equip and train foreign personnel to assist in
accounting for missing United States Government personnel.
Sec. 1208. Authority to provide automatic identification system data on
maritime shipping to foreign countries and international
organizations.
Sec. 1209. Report on foreign-assistance related programs carried out by
the Department of Defense.
Sec. 1210. Extension and enhancement of authority for security and
stabilization assistance.
Sec. 1211. Government Accountability Office report on Global Peace
Operations Initiative.
Sec. 1212. Repeal of limitations on military assistance under the
American Servicemembers' Protection Act of 2002.
Subtitle B--Matters Relating to Iraq and Afghanistan
Sec. 1221. Modification of authorities relating to the Office of the
Special Inspector General for Iraq Reconstruction.
Sec. 1222. Limitation on availability of funds for certain purposes
relating to Iraq.
Sec. 1223. Report on United States policy and military operations in
Iraq.
Sec. 1224. Report on a comprehensive set of performance indicators and
measures for progress toward military and political stability
in Iraq.
Sec. 1225. Report on support from Iran for attacks against coalition
forces in Iraq.
Sec. 1226. Sense of Congress on the consequences of a failed state in
Iraq.
Sec. 1227. Sense of Congress on federalism in Iraq.
Sec. 1228. Tracking and monitoring of defense articles provided to the
Government of Iraq and other individuals and groups in Iraq.
Sec. 1229. Special Inspector General for Afghanistan Reconstruction.
Sec. 1230. Report on progress toward security and stability in
Afghanistan.
Sec. 1231. United States plan for sustaining the Afghanistan National
Security Forces.
Sec. 1232. Report on enhancing security and stability in the region
along the border of Afghanistan and Pakistan.
Sec. 1233. Reimbursement of certain coalition nations for support
provided to United States military operations.
Sec. 1234. Logistical support for coalition forces supporting operations
in Iraq and Afghanistan.
Subtitle C--Iraq Refugee Crisis
Sec. 1241. Short title.
Sec. 1242. Processing mechanisms.
Sec. 1243. United States refugee program processing priorities.
Sec. 1244. Special immigrant status for certain Iraqis.
Sec. 1245. Senior Coordinator for Iraqi Refugees and Internally
Displaced Persons.
Sec. 1246. Countries with significant populations of Iraqi refugees.
Sec. 1247. Motion to reopen denial or termination of asylum.
Sec. 1248. Reports.
Sec. 1249. Authorization of appropriations.
Subtitle D--Other Authorities and Limitations
Sec. 1251. Cooperative opportunities documents under cooperative
research and development agreements with NATO organizations
and other allied and friendly foreign countries.
Sec. 1252. Extension and expansion of temporary authority to use
acquisition and cross-servicing agreements to lend military
equipment for personnel protection and survivability.
Sec. 1253. Acceptance of funds from the Government of Palau for costs of
United States military Civic Action Team in Palau.
Sec. 1254. Repeal of requirement relating to North Korea.
Sec. 1255. Justice for Osama bin Laden and other leaders of al Qaeda.
Sec. 1256. Extension of Counterproliferation Program Review Committee.
Sec. 1257. Sense of Congress on the Western Hemisphere Institute for
Security Cooperation.
Sec. 1258. Sense of Congress on Iran.
Subtitle E--Reports
Sec. 1261. One-year extension of update on report on claims relating to
the bombing of the Labelle Discotheque.
Sec. 1262. Report on United States policy toward Darfur, Sudan.
Sec. 1263. Inclusion of information on asymmetric capabilities in annual
report on military power of the People's Republic of China.
Sec. 1264. Report on application of the Uniform Code of Military Justice
to civilians accompanying the Armed Forces during a time of
declared war or contingency operation.
Sec. 1265. Report on family reunions between United States citizens and
their relatives in North Korea.
Sec. 1266. Reports on prevention of mass atrocities.
Sec. 1267. Report on threats to the United States from ungoverned areas.
Subtitle A--Assistance and Training
SEC. 1201. MILITARY-TO-MILITARY CONTACTS AND COMPARABLE ACTIVITIES.
Section 168(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(9) The assignment of personnel described in
paragraph (3) or (4) on a non-reciprocal basis if the
Secretary of Defense determines that such an
assignment, rather than an exchange of personnel, is in
the interests of the United States.''.
SEC. 1202. AUTHORITY FOR SUPPORT OF MILITARY OPERATIONS TO COMBAT
TERRORISM.
(a) Modification of Reporting Requirement.--Subsection (f)
of section 1208 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2086-2087) is amended to read as follows:
``(f) Annual Report.--
``(1) Report required.--Not later than 120 days
after the close of each fiscal year during which
subsection (a) is in effect, the Secretary of Defense
shall submit to the congressional defense committees a
report on support provided under that subsection during
that fiscal year.
``(2) Matters to be included.--Each report required
by paragraph (1) shall describe the support provided,
including--
``(A) the country involved in the activity,
the individual or force receiving the support,
and, to the maximum extent practicable, the
specific region of each country involved in the
activity;
``(B) the respective dates and a summary of
congressional notifications for each activity;
``(C) the unified commander for each
activity, as well as the related objectives, as
established by that commander;
``(D) the total amount obligated to provide
the support;
``(E) for each activity that amounts to
more than $500,000, specific budget details
that explain the overall funding level for that
activity; and
``(F) a statement providing a brief
assessment of the outcome of the support,
including specific indications of how the
support furthered the mission objective of
special operations forces and the types of
follow-on support, if any, that may be
necessary.''.
(b) Annual Limitation.--Subsection (g) of such section is
amended--
(1) in the heading, by striking ``Fiscal Year
2005'' and inserting ``Annual''; and
(2) by striking ``fiscal year 2005'' and inserting
``each fiscal year during which subsection (a) is in
effect''.
(c) Extension of Period of Authority.--Subsection (h) of
such section is amended by striking ``2007'' and inserting
``2010''.
SEC. 1203. MEDICAL CARE AND TEMPORARY DUTY TRAVEL EXPENSES FOR LIAISON
OFFICERS OF CERTAIN FOREIGN NATIONS.
(a) Authority.--Subsection (a) of section 1051a of title
10, United States Code, is amended--
(1) by striking ``involved in a coalition'' and
inserting ``involved in a military operation''; and
(2) by striking ``coalition operation'' and
inserting ``military operation''.
(b) Medical Care and Temporary Duty Travel Expenses.--
Subsection (b) of such section is amended--
(1) in the heading, by striking ``and Subsistence''
inserting ``, Subsistence, and Medical Care'';
(2) in paragraph (2), by adding at the end the
following:
``(C) Expenses for medical care at a civilian
medical facility if--
``(i) adequate medical care is not
available to the liaison officer at a local
military medical treatment facility;
``(ii) the Secretary determines that
payment of such medical expenses is necessary
and in the best interests of the United States;
and
``(iii) medical care is not otherwise
available to the liaison officer pursuant to
any treaty or other international agreement.'';
and
(3) by adding at the end the following:
``(3) The Secretary may pay the mission-related
travel expenses of a liaison officer described in
subsection (a) if such travel is in support of the
national interests of the United States and the
commander of the headquarters to which the liaison
officer is temporarily assigned directs round-trip
travel from the assigned headquarters to one or more
locations.''.
(c) Definition.--Subsection (d) of such section is
amended--
(1) by striking ``(d) Definitions.--'' and all that
follows through ``(1) The term'' and inserting ``(d)
Definition.--In this section, the term''; and
(2) by striking paragraph (2).
(d) Expiration of Authority.--Such section is further
amended by striking subsection (e).
(e) Conforming and Clerical Amendments.--(1) The heading
for such section is amended to read as follows:
``Sec. 1051a. Liaison officers of certain foreign nations;
administrative services and support; travel,
subsistence, medical care, and other personal
expenses''.
(2) The table of sections at the beginning of chapter 53 of
title 10, United States Code, is amended by striking the item
relating to section 1051a and inserting the following:
``1051a. Liaison officers of certain foreign nations; administrative
services and support; travel, subsistence, medical care, and
other personal expenses.''.
SEC. 1204. EXTENSION AND EXPANSION OF DEPARTMENT OF DEFENSE AUTHORITY
TO PARTICIPATE IN MULTINATIONAL MILITARY CENTERS OF
EXCELLENCE.
(a) Extension of Authority.--Subsection (a) of section 1205
of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 1202 Stat. 2416) is
amended by striking ``fiscal year 2007'' and inserting ``fiscal
years 2007 and 2008''.
(b) Limitation on Amounts Available for Participation.--
Subsection (e) of such section is amended by striking paragraph
(2) and inserting the following new paragraph:
``(2) Limitation on amount.--The amount available
under paragraph (1)(A) for the expenses referred to in
that paragraph may not exceed--
``(A) in fiscal year 2007, $3,000,000; and
``(B) in fiscal year 2008, $5,000,000.''.
(c) Reports.--Subsection (g) of such section is amended--
(1) in paragraph (1)--
(A) by inserting ``and October 31, 2008,''
after ``October 31, 2007,''; and
(B) by striking ``fiscal year 2007'' and
inserting ``fiscal years 2007 and 2008''; and
(2) in paragraph (2)(A), by striking ``during
fiscal year 2007'' and inserting ``during the preceding
fiscal year''.
SEC. 1205. REAUTHORIZATION OF COMMANDERS' EMERGENCY RESPONSE PROGRAM.
(a) Authority.--Subsection (a) of section 1202 of the
National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3455-3456) is amended--
(1) in the heading, by striking ``Fiscal Years 2006
and 2007'' and inserting ``Fiscal Years 2008 and
2009''; and
(2) in the matter preceding paragraph (1)--
(A) by striking ``fiscal years 2006 and
2007'' and inserting ``fiscal years 2008 and
2009''; and
(B) by striking ``$500,000,000'' and
inserting ``$977,441,000''.
(b) Quarterly Reports.--Subsection (b) of such section is
amended by striking ``fiscal years 2006 and 2007'' and
inserting ``fiscal years 2008 and 2009''.
SEC. 1206. AUTHORITY TO BUILD THE CAPACITY OF THE PAKISTAN FRONTIER
CORPS.
(a) Authority.--The Secretary of Defense, with the
concurrence of the Secretary of State, is authorized during
fiscal year 2008 to provide assistance to enhance the ability
of the Pakistan Frontier Corps to conduct counterterrorism
operations along the border between Pakistan and Afghanistan.
(b) Types of Assistance.--
(1) Authorized elements.--Assistance under
subsection (a) may include the provision of equipment,
supplies, and training.
(2) Required elements.--Assistance under subsection
(a) shall be provided in a manner that promotes--
(A) observance of and respect for human
rights and fundamental freedoms; and
(B) respect for legitimate civilian
authority within Pakistan.
(c) Limitations.--
(1) Funding limitation.--The Secretary of Defense
may use up to $75,000,000 of funds available to the
Department of Defense for operation and maintenance for
fiscal year 2008 to provide the assistance under
subsection (a).
(2) Assistance otherwise prohibited by law.--The
Secretary of Defense may not use the authority in
subsection (a) to provide any type of assistance
described in subsection (b) that is otherwise
prohibited by any provision of law.
(d) Congressional Notification.--
(1) In general.--Not less than 15 days before
providing assistance under subsection (a), the
Secretary of Defense shall submit to the congressional
committees specified in paragraph (2) a notice of the
following:
(A) The budget, types of assistance, and
completion date for providing the assistance
under subsection (a).
(B) The source and planned expenditure of
funds for the assistance under subsection (a).
(2) Specified congressional committees.--The
congressional committees specified in this paragraph
are the following:
(A) The Committee on Armed Services, the
Committee on Foreign Relations, and the
Committee on Appropriations of the Senate.
(B) The Committee on Armed Services, the
Committee on Foreign Affairs, and the Committee
on Appropriations of the House of
Representatives.
SEC. 1207. AUTHORITY TO EQUIP AND TRAIN FOREIGN PERSONNEL TO ASSIST IN
ACCOUNTING FOR MISSING UNITED STATES GOVERNMENT
PERSONNEL.
(a) In General.--Chapter 20 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 408. Equipment and training of foreign personnel to assist in
Department of Defense accounting for missing United
States Government personnel
``(a) In General.--The Secretary of Defense may provide
assistance to any foreign nation to assist the Department of
Defense with recovery of and accounting for missing United
States Government personnel.
``(b) Types of Assistance.--The assistance provided under
subsection (a) may include the following:
``(1) Equipment.
``(2) Supplies.
``(3) Services.
``(4) Training of personnel.
``(c) Approval by Secretary of State.--Assistance may not
be provided under this section to any foreign nation unless the
Secretary of State specifically approves the provision of such
assistance.
``(d) Limitation.--The amount of assistance provided under
this section in any fiscal year may not exceed $1,000,000.
``(e) Construction With Other Assistance.--The authority to
provide assistance under this section is in addition to any
other authority to provide assistance to foreign nations under
law.
``(f) Annual Reports.--(1) Not later than December 31 each
year, the Secretary of Defense shall submit to the
congressional defense committees a report on the assistance
provided under this section during the fiscal year ending in
such year.
``(2) Each report under paragraph (1) shall include, for
the fiscal year covered by such report, the following:
``(A) A listing of each foreign nation provided
assistance under this section.
``(B) For each nation so provided assistance, a
description of the type and amount of such
assistance.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 20 of such title is amended by adding at
the end the following new item:
``408. Equipment and training of foreign personnel to assist in
Department of Defense accounting for missing United States
Government personnel''.
SEC. 1208. AUTHORITY TO PROVIDE AUTOMATIC IDENTIFICATION SYSTEM DATA ON
MARITIME SHIPPING TO FOREIGN COUNTRIES AND
INTERNATIONAL ORGANIZATIONS.
(a) Authority To Provide Data.--The Secretary of Defense,
with the concurrence of the Secretary of State, may authorize
the Secretary of a military department or a commander of a
combatant command to exchange or furnish automatic
identification system data broadcast by merchant or private
ships and collected by the United States to a foreign country
or international organization pursuant to an agreement for the
exchange or production of such data. Such data may be
transferred pursuant to this section without cost to the
recipient country or international organization.
(b) Definitions.--In this section:
(1) Automatic identification system.--The term
``automatic identification system'' means a system that
is used to satisfy the requirements of the Automatic
Identification System under the International
Convention for the Safety of Life at Sea, signed at
London on November 1, 1974 (TIAS 9700).
(2) Geographic combatant commander.--The term
``commander of a combatant command'' means a commander
of a combatant command (as such term is defined in
section 161(c) of title 10, United States Code) with a
geographic area of responsibility.
SEC. 1209. REPORT ON FOREIGN-ASSISTANCE RELATED PROGRAMS CARRIED OUT BY
THE DEPARTMENT OF DEFENSE.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the appropriate congressional committees a
report that specifies, on a country-by-country basis, each
foreign-assistance related program carried out by the
Department of Defense during the prior fiscal year under the
authorities described in subsection (b).
(b) Matters To Be Included.--The report required under
subsection (a) shall include--
(1) a description of the dollar amount, type of
support, and purpose of each foreign-assistance related
program carried out by the Department of Defense
under--
(A) section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3456), relating to
authority to build the capacity of foreign
military forces;
(B) section 1207 of the National Defense
Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3458), relating to
authority to provide security and stabilization
assistance to foreign countries;
(C) section 1208 of the National Defense
Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3459), relating to
authority to reimburse certain coalition
nations for support provided to United States
military operations;
(D) section 1033 of the National Defense
Authorization Act for Fiscal Year 1998 (Public
Law 105-85; 111 Stat. 1881), relating to
authority to provide additional support for
counter-drug activities of Peru and Colombia;
(E) section 1004 of the National Defense
Authorization Act for Fiscal Year 1991 (Public
Law 101-510; 10 U.S.C. 374 note), relating to
additional support for counter-drug activities;
(F) section 127d of title 10, United States
Code, relating to authority to provide logistic
support, supplies, and services to allied
forces participating in a combined operation
with the Armed Forces;
(G) section 2249c of title 10, United
States Code, relating to authority to use
appropriated funds for costs associated with
education and training of foreign officials
under the Regional Defense Combating Terrorism
Fellowship Program; and
(H) section 2561 of title 10, United States
Code, relating to authority to provide
humanitarian assistance; and
(2) a description of each foreign-assistance
related program that the Department of Defense
undertakes or implements on behalf of any other
department or agency of the United States Government,
including programs under the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) and the Arms Export
Control Act (22 U.S.C. 2751 et seq.).
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Appropriations, the Committee
on Armed Services, and the Committee on Foreign Affairs
of the House of Representatives; and
(2) the Committee on Appropriations, the Committee
on Armed Services, and the Committee on Foreign
Relations of the Senate.
SEC. 1210. EXTENSION AND ENHANCEMENT OF AUTHORITY FOR SECURITY AND
STABILIZATION ASSISTANCE.
(a) Program for Assistance.--Section 1207 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 119 Stat. 3458) is amended--
(1) by redesignating subsections (d), (e), and (f)
as subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the
following:
``(d) Formulation and Implementation of Program for
Assistance.--The Secretary of State shall coordinate with the
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).''.
(b) One-Year Extension.--Subsection (g) of such section, as
redesignated by subsection (a) of this section, is amended by
striking ``September 30, 2007'' and inserting ``September 30,
2008''.
SEC. 1211. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON GLOBAL PEACE
OPERATIONS INITIATIVE.
(a) Report Required.--Not later than June 1, 2008, the
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.
(b) Content.--The report required under subsection (a)
shall include the following:
(1) An assessment of whether, and to what extent,
the Global Peace Operations Initiative has met the
goals set by the President at the inception of the
program in 2004.
(2) Which goals, if any, remain unfulfilled.
(3) A description of activities conducted by each
member state of the Group of Eight (G-8), including the
approximate cost of the activities, and the approximate
percentage of the total monetary value of the
activities conducted by each G-8 member, including the
United States, as well as efforts by the President to
seek contributions or participation by other G-8
members.
(4) A description of any activities conducted by
non-G-8 members, or other organizations and
institutions, as well as any efforts by the President
to solicit contributions or participation.
(5) A description of the extent to which the Global
Peace Operations Initiative has had global
participation.
(6) A description of the administration of the
program by the Department of State and Department of
Defense, including--
(A) whether each Department should
concentrate administration in one office or
bureau, and if so, which one;
(B) the extent to which the two Departments
coordinate and the quality of their
coordination; and
(C) the extent to which contractors are
used and an assessment of the quality and
timeliness of the results achieved by the
contractors, and whether the United States
Government might have achieved similar or
better results without contracting out
functions.
(7) A description of the metrics, if any, that are
used by the President and the G-8 to measure progress
in implementation of the Global Peace Operations
Initiative, including--
(A) assessments of the quality and
sustainability of the training of individual
soldiers and units;
(B) the extent to which the G-8 and
participating countries maintain records or
databases of trained individuals and units and
conduct inspections to measure and monitor the
continued readiness of such individuals and
units;
(C) the extent to which the individuals and
units are equipped and remain equipped to
deploy in peace operations; and
(D) the extent to which, the timeline by
which, and how individuals and units can be
mobilized for peace operations.
(8) The extent to which, the timeline by which, and
how individuals and units can be and are being deployed
to peace operations.
(9) An assessment of whether individuals and units
trained under the Global Peace Operations Initiative
have been utilized in peace operations subsequent to
receiving training under the Initiative, whether they
will be deployed to upcoming 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.
(10) Recommendations as to whether participation in
the Global Peace Operations Initiative should require
reciprocal participation by countries in peace
operations.
(11) Any additional measures that could be taken to
enhance the effectiveness of the Global Peace
Operations Initiative in terms of--
(A) achieving its stated goals; and
(B) ensuring that individuals and units
trained as part of the Initiative are regularly
participating in peace operations.
(c) Form.--To the maximum extent practicable, the report
required under subsection (a) shall be submitted in
unclassified form, but may include a classified annex, if
necessary.
SEC. 1212. REPEAL OF LIMITATIONS ON MILITARY ASSISTANCE UNDER THE
AMERICAN SERVICEMEMBERS' PROTECTION ACT OF 2002.
(a) Repeal of Limitations.--Section 2007 of the American
Servicemembers' Protection Act of 2002 (22 U.S.C. 7426) is
repealed.
(b) Conforming Amendments.--Such Act is further amended--
(1) in section 2003 (22 U.S.C. 7422)--
(A) in subsection (a)--
(i) in the heading, by striking
``SECTIONS 5 AND 7'' and inserting
``SECTION 2005''; and
(ii) by striking ``sections 2005
and 2007'' and inserting ``section
2005'';
(B) in subsection (b)--
(i) in the heading, by striking
``SECTIONS 5 AND 7'' and inserting
``SECTION 2005''; and
(ii) by striking ``sections 2005
and 2007'' and inserting ``section
2005'';
(C) in subsection (c)(2)(A), by striking
``sections 2005 and 2007'' and inserting
``section 2005'';
(D) in subsection (d), by striking
``sections 2005 and 2007'' and inserting
``section 2005''; and
(E) in subsection (e), by striking ``2006,
and 2007'' and inserting ``and 2006''; and
(2) in section 2013 (22 U.S.C. 7432), by striking
paragraph (13).
Subtitle B--Matters Relating to Iraq and Afghanistan
SEC. 1221. MODIFICATION OF AUTHORITIES RELATING TO THE OFFICE OF THE
SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION.
(a) Purposes.--Subsection (a)(1) of section 3001 of the
Emergency Supplemental Appropriations Act for Defense and for
the Reconstruction of Iraq and Afghanistan, 2004 (Public Law
108-106; 117 Stat. 1234-1238; 5 U.S.C. App., note to section 8G
of Public Law 95-452) is amended by striking ``to the Iraq
Relief and Reconstruction Fund'' and inserting ``for the
reconstruction of Iraq''.
(b) Assistant Inspectors General.--Subsection (d)(1) of
such section is amended by striking ``the Iraq Relief and
Reconstruction Fund'' and inserting ``amounts appropriated or
otherwise made available for the reconstruction of Iraq''.
(c) Supervision.--Subsection (e)(2) of such section is
amended by striking ``the Iraq Relief and Reconstruction Fund''
and inserting ``amounts appropriated or otherwise made
available for the reconstruction of Iraq''.
(d) Duties.--Subsection (f)(1) of such section is amended
by striking ``to the Iraq Relief and Reconstruction Fund'' and
inserting ``for the reconstruction of Iraq''.
(e) Personnel, Facilities, and Other Resources.--Subsection
(h) of such section is amended--
(1) in paragraph (1), by inserting after ``pay
rates'' the following: ``, and may exercise the
authorities of subsections (b) through (i) of section
3161 of title 5, United States Code (without regard to
subsection (a) of such section)''; and
(2) in paragraph (3), by striking ``my enter'' and
inserting ``may enter''.
(f) Reports.--Subsection (i) of such section is amended by
striking ``to the Iraq Relief and Reconstruction Fund'' each
place it appears and inserting ``for the reconstruction of
Iraq''.
(g) Definitions.--Subsection (m) of such section is
amended--
(1) in the heading, by striking ``Appropriate
Committees of Congress Defined'' and inserting
``Definitions'';
(2) by striking ``In this section, the term'' and
inserting the following: ``In this section--
``(1) the term'';
(3) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(4) in paragraph (1)(B) (as redesignated by
paragraph (3) of this subsection), by striking ``and
International Relations'' and inserting ``Foreign
Affairs, and Oversight and Government Reform'';
(5) by striking the period at the end and inserting
``; and''; and
(6) by adding at the end the following:
``(2) the term `amounts appropriated or otherwise
made available for the reconstruction of Iraq' means
amounts appropriated or otherwise made available for
any fiscal year--
``(A) to the Iraq Relief and Reconstruction
Fund, the Iraq Security Forces Fund, and the
Commanders' Emergency Response Program
authorized under section 1202 of the National
Defense Authorization for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3455-3456); or
``(B) for assistance for the reconstruction
of Iraq under--
``(i) the Economic Support Fund
authorized under chapter 4 of part II
of the Foreign Assistance Act of 1961
(22 U.S.C. 2346 et seq.);
``(ii) the International Narcotics
Control and Law Enforcement account
authorized under section 481 of the
Foreign Assistance Act of 1961 (22
U.S.C. 2291); or
``(iii) any other provision of
law.''.
(h) Termination Date.--Subsection (o) of such section is
amended--
(1) in paragraph (1), to read as follows:
``(1) The Office of the Inspector General shall terminate
180 days after the date on which amounts appropriated or
otherwise made available for the reconstruction of Iraq that
are unexpended are less than $250,000,000.''; and
(2) in paragraph (2)--
(A) by striking ``funds deemed to be''; and
(B) by striking ``to the Iraq Relief and
Reconstruction Fund'' and inserting ``for the
reconstruction of Iraq''.
SEC. 1222. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN PURPOSES
RELATING TO IRAQ.
No funds appropriated pursuant to an authorization of
appropriations in this Act may be obligated or expended for a
purpose as follows:
(1) To establish any military installation or base
for the purpose of providing for the permanent
stationing of United States Armed Forces in Iraq.
(2) To exercise United States control of the oil
resources of Iraq.
SEC. 1223. REPORT ON UNITED STATES POLICY AND MILITARY OPERATIONS IN
IRAQ.
(a) Report.--
(1) In general.--Subsection (c) of section 1227 of
the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 119 Stat. 3465; 50 U.S.C.
1541 note) is amended--
(A) in paragraph (2), by striking ``Iraq.''
and inserting the following: ``Iraq,
including--
``(A) enacting a broadly-accepted
hydrocarbon law that equitably shares revenue
among all Iraqis;
``(B) adopting laws necessary for the
conduct of provincial and local elections,
taking steps to implement such laws, and
setting a schedule to conduct provincial and
local elections;
``(C) reforming current laws governing the
de-Baathification process in a manner that
encourages national reconciliation;
``(D) amending the Constitution of Iraq in
a manner that encourages national
reconciliation;
``(E) allocating and beginning expenditure
of $10 billion in Iraqi revenues for
reconstruction projects, including delivery of
essential services, and implementing such
reconstruction projects on an equitable basis;
and
``(F) making significant efforts to plan
and implement disarmament, demobilization, and
reintegration programs relating to Iraqi
militias.'';
(B) by striking paragraph (3) and inserting
the following:
``(3) A detailed description of the Joint Campaign
Plan, or any subsequent revisions, updates, or
documents that replace or supersede the Joint Campaign
Plan, including goals, phases, or other milestones
contained in the Joint Campaign Plan. Specifically, the
description shall include the following:
``(A) An explanation of conditions required
to move though phases of the Joint Campaign
Plan, in particular those conditions that must
be met in order to provide for the transition
of additional security responsibility to the
Iraqi Security Forces, and the measurements
used to determine progress.
``(B) An assessment of which conditions in
the Joint Campaign Plan have been achieved and
which conditions have not been achieved. The
assessment of those conditions that have not
been achieved shall include a discussion of the
factors that have precluded progress.
``(C) A description of any companion or
equivalent plan of the Government of Iraq used
to measure progress for Iraqi Security Forces
undertaking joint operations with Coalition
Forces.''; and
(C) by adding at the end the following:
``(7) An assessment of the levels of United States
Armed Forces required in Iraq for the six-month period
following the date of the report, the missions to be
undertaken by the Armed Forces in Iraq for such period,
and the incremental costs or savings of any proposed
changes to such levels or missions.
``(8) A description of the range of conditions that
could prompt changes to the levels of United States
Armed Forces required in Iraq for the six-month period
following the date of the report or the missions to be
undertaken by the Armed Forces in Iraq for such period,
including the status of planning for such changes to
the levels or missions of the Armed Forces in Iraq.''.
(2) Effective date.--The amendments made by
paragraph (1) shall apply with respect to each report
required to be submitted to Congress under section
1227(c) of the National Defense Authorization Act for
Fiscal Year 2006 on or after the date of the enactment
of this Act.
(b) Congressional Briefings Required.--Such section is
further amended by adding at the end the following:
``(d) Congressional Briefings Required.--Not later than 30
days after the submission of the first report under subsection
(c) on or after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2008, the Secretary
of Defense and the Chairman of the Joint Chiefs of Staff shall
meet with the congressional defense committees to brief such
committees on the matters described in paragraphs (7) and (8)
of subsection (c) contained in the report. Not later than 30
days after the submission of each subsequent report under
subsection (c), appropriate senior officials of the Department
of Defense shall meet with the congressional defense committees
to brief such committees on the matters described in paragraphs
(7) and (8) of subsection (c) contained in the report.''.
SEC. 1224. REPORT ON A COMPREHENSIVE SET OF PERFORMANCE INDICATORS AND
MEASURES FOR PROGRESS TOWARD MILITARY AND POLITICAL
STABILITY IN IRAQ.
(a) Report.--Section 9010(c) of the Department of Defense
Appropriations Act, 2007 (division A of Public Law 109-289; 120
Stat. 1307) is amended--
(1) in paragraph (1)(B)--
(A) by striking ``and trends'' and
inserting ``trends''; and
(B) by adding at the end before the period
the following: ``, and progress made in the
transition of responsibility for the security
of Iraqi provinces to the Iraqi Security Forces
under the Provincial Iraqi Control (PIC)
process''; and
(2) in paragraph (2)--
(A) in subparagraph (C)(i), by adding at
the end before the semicolon the following: ``,
without any support from Coalition Forces'';
(B) by redesignating subparagraphs (D)
through (J) as subparagraphs (F) through (L),
respectively;
(C) by inserting after subparagraph (C) the
following:
``(D) The amount and type of support
provided by Coalition Forces to the Iraqi
Security Forces at each level of operational
readiness.
``(E) The number of Iraqi battalions in the
Iraqi Army currently conducting operations and
the type of operations being conducted.'';
(D) by redesignating subparagraphs (H)
through (L) (as redesignated by subparagraph
(B) of this paragraph) as subparagraphs (I)
through (M), respectively;
(E) by inserting after subparagraph (G) (as
redesignated by subparagraph (B) of this
paragraph) the following:
``(H) The level and effectiveness of the
Iraqi Security Forces under the Ministry of
Defense in provinces where the United States
has formally transferred responsibility for the
security of the province to the Iraqi Security
Forces under the Provincial Iraqi Control (PIC)
process.''; and
(F) in subparagraph (I) (as redesignated by
subparagraphs (B) and (D) of this paragraph)--
(i) in clause (iv), by striking
``and'' at the end;
(ii) in clause (v), by striking the
period at the end and inserting ``;
and''; and
(iii) by adding at the end the
following:
``(vi) the level and effectiveness
of the Iraqi Police and other Ministry
of Interior Forces in provinces where
the United States has formally
transferred responsibility for the
security of the province to the Iraqi
Security Forces under the Provincial
Iraqi Control (PIC) process.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to each report required to be
submitted to Congress under section 9010 of the Department of
Defense Appropriations Act, 2007 on or after the date of the
enactment of this Act.
SEC. 1225. REPORT ON SUPPORT FROM IRAN FOR ATTACKS AGAINST COALITION
FORCES IN IRAQ.
(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act, and every 180 days thereafter,
the Secretary of Defense, in coordination with the Director of
National Intelligence, shall submit to the congressional
defense committees a report describing and assessing in
detail--
(1) any support or direction provided to anti-
coalition forces in Iraq by the Government of Iran or
its agents;
(2) the strategy and ambitions in Iraq of the
Government of Iran; and
(3) any strategy or efforts by the United States
Government to counter the activities of agents of the
Government of Iran in Iraq.
(b) Form.--Each report required under subsection (a) shall
be submitted in unclassified form, to the maximum extent
practicable, but may contain a classified annex, if necessary.
(c) Termination.--The requirement to submit reports under
subsection (a) shall terminate on the date on which the
Secretary of Defense, in coordination with the Director of
National Intelligence, submits to the congressional defense
committees a certification in writing that the Government of
Iran has ceased to provide military support to anti-coalition
forces that conduct attacks against coalition forces in Iraq.
(d) Rule of Construction.--Nothing in this section shall be
construed to authorize or otherwise speak to the use of the
Armed Forces against Iran.
SEC. 1226. SENSE OF CONGRESS ON THE CONSEQUENCES OF A FAILED STATE IN
IRAQ.
It is the sense of Congress that--
(1) a failed state in Iraq will have a negative
impact on the Middle East and United States interests
in the region; and
(2) the United States should pursue strategies to
prevent a failed state in Iraq or to contain the
negative effects of a failed state in Iraq.
SEC. 1227. SENSE OF CONGRESS ON FEDERALISM IN IRAQ.
It is the sense of Congress that--
(1) policies supported by the United States in the
pursuit of a political settlement in Iraq should be
consistent with the wishes of the Iraqi people and
should not violate the sovereignty of the nation of
Iraq;
(2) if the Iraqi people support a political
settlement in Iraq based on the final provisions of the
Constitution of Iraq that create a federal system of
government and allow for the creation of federal
regions, consistent with the wishes of the Iraqi people
and their elected leaders, the United States should
actively support such a political settlement in Iraq;
(3) the active support referred to in paragraph (2)
should include--
(A) calling on the international community,
including countries with troops in Iraq, the
permanent 5 members of the United Nations
Security Council, members of the Gulf
Cooperation Council, and Iraq's neighbors--
(i) to support an Iraqi political
settlement based on federalism;
(ii) to acknowledge the sovereignty
and territorial integrity of Iraq; and
(iii) to fulfill commitments for
the urgent delivery of significant
assistance and debt relief to Iraq,
especially those made by the member
states of the Gulf Cooperation Council;
and
(B) convening a conference for Iraqis to
reach an agreement on a comprehensive political
settlement based on the federalism law approved
by the Iraqi Parliament on October 11, 2006;
(4) the United States should urge the Government of
Iraq to quickly agree upon and implement a law
providing for the equitable distribution of oil
revenues, which is a critical component of a
comprehensive political settlement in Iraq, including a
potential settlement based upon federalism;
(5) the steps described in paragraphs (2), (3), and
(4) could lead to an Iraq that is stable, not a haven
for terrorists, and not a threat to its neighbors;
(6) in pursuit of a political settlement in Iraq,
whether based on federalism or not, the United States
should call on Iraq's neighbors to pledge not to
militarily intervene in or destabilize Iraq; and
(7) nothing in this Act should be construed in any
way to infringe on the sovereign rights of the nation
of Iraq or to imply that the United States wishes to
impose a political settlement in Iraq based on
federalism if such a political settlement is contrary
to the wishes of the Iraqi people.
SEC. 1228. TRACKING AND MONITORING OF DEFENSE ARTICLES PROVIDED TO THE
GOVERNMENT OF IRAQ AND OTHER INDIVIDUALS AND GROUPS
IN IRAQ.
(a) Export and Transfer Control Policy.--The President
shall implement a policy to control the export and transfer of
defense articles into Iraq, including implementation of the
registration and monitoring system under subsection (c).
(b) Requirement To Implement Control System.--No defense
articles may be provided to the Government of Iraq or any other
group, organization, citizen, or resident of Iraq until the
President certifies to the specified congressional committees
that a registration and monitoring system meeting the
requirements set forth in subsection (c) has been established.
(c) Registration and Monitoring System.--The registration
and monitoring system required under this subsection shall
include--
(1) the registration of the serial numbers of all
small arms to be provided to the Government of Iraq or
to other groups, organizations, citizens, or residents
of Iraq;
(2) a program of end-use monitoring of all lethal
defense articles provided to such entities or
individuals; and
(3) a detailed record of the origin, shipping, and
distribution of all defense articles transferred under
the Iraq Security Forces Fund or any other security
assistance program to such entities or individuals.
(d) Review; Exemption.--
(1) Review.--The President shall periodically
review the items subject to the registration and
monitoring requirements under subsection (c) to
determine what items, if any, should no longer be
subject to such registration and monitoring
requirements. The President shall transmit to the
specified congressional committees the results of each
review conducted under this paragraph.
(2) Exemption.--The President may exempt an item
from the registration and monitoring requirements under
subsection (c) beginning on the date that is 30 days
after the date on which the President provides notice
of the proposed exemption to the specified
congressional committees in accordance with the
procedures applicable to reprogramming notifications
under section 634A(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2394-1(a)). Such notice shall describe
any controls to be imposed on such item under any other
provision of law.
(e) Definitions.--In this section:
(1) Defense article.--The term ``defense article''
has the meaning given the term in section 644(d) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2403(d)).
(2) Small arms.--The term ``small arms'' means--
(A) handguns;
(B) shoulder-fired weapons;
(C) light automatic weapons up to and
including .50 caliber machine guns;
(D) recoilless rifles up to and including
106mm;
(E) mortars up to and including 81mm;
(F) rocket launchers, man-portable;
(G) grenade launchers, rifle and shoulder
fired; and
(H) individually-operated weapons which are
portable or can be fired without special mounts
or firing devices and which have potential use
in civil disturbances and are vulnerable to
theft.
(3) Specified congressional committees.--The term
``specified congressional committees'' means--
(A) the Committee on Foreign Affairs and
the Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Armed Services, and the Committee
on Banking, Housing, and Urban Affairs of the
Senate.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph
(2), this section shall take effect 180 days after the
date of the enactment of this Act.
(2) Exception.--The President may delay the
effective date of this section by an additional period
of up to 90 days if the President certifies in writing
to the specified congressional committees for such
additional period that it is in the vital interest of
the United States to do so and includes in the
certification a description of such vital interest.
SEC. 1229. SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION.
(a) Purposes.--The purposes of this section are as follows:
(1) To provide for the independent and objective
conduct and supervision of audits and investigations
relating to the programs and operations funded with
amounts appropriated or otherwise made available for
the reconstruction of Afghanistan.
(2) To provide for the independent and objective
leadership and coordination of, and recommendations on,
policies designed to--
(A) promote economy efficiency, and
effectiveness in the administration of the
programs and operations described in paragraph
(1); and
(B) prevent and detect waste, fraud, and
abuse in such programs and operations.
(3) To provide for an independent and objective
means of keeping the Secretary of State and the
Secretary of Defense fully and currently informed about
problems and deficiencies relating to the
administration of such programs and operations and the
necessity for and progress on corrective action.
(b) Office of Inspector General.--There is hereby
established the Office of the Special Inspector General for
Afghanistan Reconstruction to carry out the purposes of
subsection (a).
(c) Appointment of Inspector General; Removal.--
(1) Appointment.--The head of the Office of the
Special Inspector General for Afghanistan
Reconstruction is the Special Inspector General for
Afghanistan Reconstruction (in this section referred to
as the ``Inspector General''), who shall be appointed
by the President. The President may appoint the Special
Inspector General for Iraq Reconstruction to serve as
the Special Inspector General for Afghanistan
Reconstruction, in which case the Special Inspector
General for Iraq Reconstruction shall have all of the
duties, responsibilities, and authorities set forth
under this section with respect to such appointed
position for the purpose of carrying out this section.
(2) Qualifications.--The appointment of the
Inspector General shall be made solely on the basis of
integrity and demonstrated ability in accounting,
auditing, financial analysis, law, management analysis,
public administration, or investigations.
(3) Deadline for appointment.--The appointment of
an individual as Inspector General shall be made not
later than 30 days after the date of the enactment of
this Act.
(4) Compensation.--The annual rate of basic pay of
the Inspector General shall be the annual rate of basic
pay provided for positions at level IV of the Executive
Schedule under section 5315 of title 5, United States
Code.
(5) Prohibition on political activities.--For
purposes of section 7324 of title 5, United States
Code, the Inspector General shall not be considered an
employee who determines policies to be pursued by the
United States in the nationwide administration of
Federal law.
(6) Removal.--The Inspector General shall be
removable from office in accordance with the provisions
of section 3(b) of the Inspector General Act of 1978 (5
U.S.C. App.).
(d) Assistant Inspectors General.--The Inspector General
shall, in accordance with applicable laws and regulations
governing the civil service--
(1) appoint an Assistant Inspector General for
Auditing who shall have the responsibility for
supervising the performance of auditing activities
relating to programs and operations supported by
amounts appropriated or otherwise made available for
the reconstruction of Afghanistan; and
(2) appoint an Assistant Inspector General for
Investigations who shall have the responsibility for
supervising the performance of investigative activities
relating to such programs and operations.
(e) Supervision.--
(1) In general.--Except as provided in paragraph
(2), the Inspector General shall report directly to,
and be under the general supervision of, the Secretary
of State and the Secretary of Defense.
(2) Independence to conduct investigations and
audits.--No officer of the Department of Defense, the
Department of State, or the United States Agency for
International Development shall prevent or prohibit the
Inspector General from initiating, carrying out, or
completing any audit or investigation related to
amounts appropriated or otherwise made available for
the reconstruction of Afghanistan or from issuing any
subpoena during the course of any such audit or
investigation.
(f) Duties.--
(1) Oversight of afghanistan reconstruction.--It
shall be the duty of the Inspector General to conduct,
supervise, and coordinate audits and investigations of
the treatment, handling, and expenditure of amounts
appropriated or otherwise made available for the
reconstruction of Afghanistan, and of the programs,
operations, and contracts carried out utilizing such
funds, including--
(A) the oversight and accounting of the
obligation and expenditure of such funds;
(B) the monitoring and review of
reconstruction activities funded by such funds;
(C) the monitoring and review of contracts
funded by such funds;
(D) the monitoring and review of the
transfer of such funds and associated
information between and among departments,
agencies, and entities of the United States and
private and nongovernmental entities;
(E) the maintenance of records on the use
of such funds to facilitate future audits and
investigations of the use of such fund;
(F) the monitoring and review of the
effectiveness of United States coordination
with the Government of Afghanistan and other
donor countries in the implementation of the
Afghanistan Compact and the Afghanistan
National Development Strategy; and
(G) the investigation of overpayments such
as duplicate payments or duplicate billing and
any potential unethical or illegal actions of
Federal employees, contractors, or affiliated
entities and the referral of such reports, as
necessary, to the Department of Justice to
ensure further investigations, prosecutions,
recovery of further funds, or other remedies.
(2) Other duties related to oversight.--The
Inspector General shall establish, maintain, and
oversee such systems, procedures, and controls as the
Inspector General considers appropriate to discharge
the duties under paragraph (1).
(3) Duties and responsibilities under inspector
general act of 1978.--In addition to the duties
specified in paragraphs (1) and (2), the Inspector
General shall also have the duties and responsibilities
of inspectors general under the Inspector General Act
of 1978.
(4) Coordination of efforts.--In carrying out the
duties, responsibilities, and authorities of the
Inspector General under this section, the Inspector
General shall coordinate with, and receive the
cooperation of each of the following:
(A) The Inspector General of the Department
of Defense.
(B) The Inspector General of the Department
of State.
(C) The Inspector General of the United
States Agency for International Development.
(g) Powers and Authorities.--
(1) Authorities under inspector general act of
1978.--In carrying out the duties specified in
subsection (f), the Inspector General shall have the
authorities provided in section 6 of the Inspector
General Act of 1978, including the authorities under
subsection (e) of such section.
(2) Audit standards.--The Inspector General shall
carry out the duties specified in subsection (f)(1) in
accordance with section 4(b)(1) of the Inspector
General Act of 1978.
(h) Personnel, Facilities, and Other Resources.--
(1) Personnel.--The Inspector General may select,
appoint, and employ such officers and employees as may
be necessary for carrying out the duties of the
Inspector General, subject to the provisions of title
5, United States Code, governing appointments in the
competitive service, and the provisions of chapter 51
and subchapter III of chapter 53 of such title,
relating to classification and General Schedule pay
rates.
(2) Employment of experts and consultants.--The
Inspector General may obtain services as authorized by
section 3109 of title 5, United States Code, at daily
rates not to exceed the equivalent rate prescribed for
grade GS-15 of the General Schedule by section 5332 of
such title.
(3) Contracting authority.--To the extent and in
such amounts as may be provided in advance by
appropriations Acts, the Inspector General may enter
into contracts and other arrangements for audits,
studies, analyses, and other services with public
agencies and with private persons, and make such
payments as may be necessary to carry out the duties of
the Inspector General.
(4) Resources.--The Secretary of State or the
Secretary of Defense, as appropriate, shall provide the
Inspector General with appropriate and adequate office
space at appropriate locations of the Department of
State or the Department of Defense, as the case may be,
in Afghanistan, together with such equipment, office
supplies, and communications facilities and services as
may be necessary for the operation of such offices, and
shall provide necessary maintenance services for such
offices and the equipment and facilities located
therein.
(5) Assistance from federal agencies.--
(A) In general.--Upon request of the
Inspector General for information or assistance
from any department, agency, or other entity of
the Federal Government, the head of such entity
shall, insofar as is practicable and not in
contravention of any existing law, furnish such
information or assistance to the Inspector
General, or an authorized designee.
(B) Reporting of refused assistance.--
Whenever information or assistance requested by
the Inspector General is, in the judgment of
the Inspector General, unreasonably refused or
not provided, the Inspector General shall
report the circumstances to the Secretary of
State or the Secretary of Defense, as
appropriate, and to the appropriate
congressional committees without delay.
(6) Use of personnel, facilities, and other
resources of the office of the special inspector
general for iraq reconstruction.--Upon the request of
the Inspector General, the Special Inspector General
for Iraq Reconstruction--
(A) may detail, on a reimbursable basis,
any of the personnel of the Office of the
Special Inspector General for Iraq
Reconstruction to the Office of the Inspector
General for Afghanistan Reconstruction for the
purpose of carrying out this section; and
(B) may provide, on a reimbursable basis,
any of the facilities or other resources of the
Office of the Special Inspector General for
Iraq Reconstruction to the Office of the
Inspector General for Afghanistan
Reconstruction for the purpose of carrying out
this section.
(i) Reports.--
(1) Quarterly reports.--Not later than 30 days
after the end of each fiscal-year quarter, the
Inspector General shall submit to the appropriate
congressional committees a report summarizing, for the
period of that quarter and, to the extent possible, the
period from the end of such quarter to the time of the
submission of the report, the activities during such
period of the Inspector General and the activities
under programs and operations funded with amounts
appropriated or otherwise made available for the
reconstruction of Afghanistan. Each report shall
include, for the period covered by such report, a
detailed statement of all obligations, expenditures,
and revenues associated with reconstruction and
rehabilitation activities in Afghanistan, including the
following:
(A) Obligations and expenditures of
appropriated funds.
(B) A project-by-project and program-by-
program accounting of the costs incurred to
date for the reconstruction of Afghanistan,
together with the estimate of the Department of
Defense, the Department of State, and the
United State Agency for International
Development, as applicable, of the costs to
complete each project and each program.
(C) Revenues attributable to or consisting
of funds provided by foreign nations or
international organizations to programs and
projects funded by any department or agency of
the United States Government, and any
obligations or expenditures of such revenues.
(D) Revenues attributable to or consisting
of foreign assets seized or frozen that
contribute to programs and projects funded by
any department or agency of the United States
Government, and any obligations or expenditures
of such revenues.
(E) Operating expenses of agencies or
entities receiving amounts appropriated or
otherwise made available for the reconstruction
of Afghanistan.
(F) In the case of any contract, grant,
agreement, or other funding mechanism described
in paragraph (2)--
(i) the amount of the contract,
grant, agreement, or other funding
mechanism;
(ii) a brief discussion of the
scope of the contract, grant,
agreement, or other funding mechanism;
(iii) a discussion of how the
department or agency of the United
States Government involved in the
contract, grant, agreement, or other
funding mechanism identified, and
solicited offers from, potential
individuals or entities to perform the
contract, grant, agreement, or other
funding mechanism, together with a list
of the potential individuals or
entities that were issued solicitations
for the offers; and
(iv) the justification and approval
documents on which was based the
determination to use procedures other
than procedures that provide for full
and open competition.
(2) Covered contracts, grants, agreements, and
funding mechanisms.--A contract, grant, agreement, or
other funding mechanism described in this paragraph is
any major contract, grant, agreement, or other funding
mechanism that is entered into by any department or
agency of the United States Government that involves
the use of amounts appropriated or otherwise made
available for the reconstruction of Afghanistan with
any public or private sector entity for any of the
following purposes:
(A) To build or rebuild physical
infrastructure of Afghanistan.
(B) To establish or reestablish a political
or societal institution of Afghanistan.
(C) To provide products or services to the
people of Afghanistan.
(3) Public availability.--The Inspector General
shall publish on a publically-available Internet
website each report under paragraph (1) of this
subsection in English and other languages that the
Inspector General determines are widely used and
understood in Afghanistan.
(4) Form.--Each report required under this
subsection shall be submitted in unclassified form, but
may include a classified annex if the Inspector General
considers it necessary.
(5) Rule of construction.--Nothing in this
subsection shall be construed to authorize the public
disclosure of information that is--
(A) specifically prohibited from disclosure
by any other provision of law;
(B) specifically required by Executive
order to be protected from disclosure in the
interest of national defense or national
security or in the conduct of foreign affairs;
or
(C) a part of an ongoing criminal
investigation.
(j) Report Coordination.--
(1) Submission to secretaries of state and
defense.--The Inspector General shall also submit each
report required under subsection (i) to the Secretary
of State and the Secretary of Defense.
(2) Submission to congress.--Not later than 30 days
after receipt of a report under paragraph (1), the
Secretary of State or the Secretary of Defense may
submit to the appropriate congressional committees any
comments on the matters covered by the report as the
Secretary of State or the Secretary of Defense, as the
case may be, considers appropriate. Any comments on the
matters covered by the report shall be submitted in
unclassified form, but may include a classified annex
if the Secretary of State or the Secretary of Defense,
as the case may be, considers it necessary.
(k) Transparency.--
(1) Report.--Not later than 60 days after
submission to the appropriate congressional committees
of a report under subsection (i), the Secretary of
State and the Secretary of Defense shall jointly make
copies of the report available to the public upon
request, and at a reasonable cost.
(2) Comments on matters covered by report.--Not
later than 60 days after submission to the appropriate
congressional committees under subsection (j)(2) of
comments on a report under subsection (i), the
Secretary of State and the Secretary of Defense shall
jointly make copies of the comments available to the
public upon request, and at a reasonable cost.
(l) Waiver.--
(1) Authority.--The President may waive the
requirement under paragraph (1) or (2) of subsection
(k) with respect to availability to the public of any
element in a report under subsection (i), or any
comment under subsection (j)(2), if the President
determines that the waiver is justified for national
security reasons.
(2) Notice of waiver.--The President shall publish
a notice of each waiver made under this subsection in
the Federal Register no later than the date on which a
report required under subsection (i), or any comment
under subsection (j)(2), is submitted to the
appropriate congressional committees. The report and
comments shall specify whether waivers under this
subsection were made and with respect to which elements
in the report or which comments, as appropriate.
(m) Definitions.--In this section:
(1) Amounts appropriated or otherwise made
available for the reconstruction of afghanistan.--The
term ``amounts appropriated or otherwise made available
for the reconstruction of Afghanistan'' means--
(A) amounts appropriated or otherwise made
available for any fiscal year--
(i) to the Afghanistan Security
Forces Fund; or
(ii) to the program to assist the
people of Afghanistan established under
subsection (a)(2) of section 1202 of
the National Defense Authorization for
Fiscal Year 2006 (Public Law 109-163;
119 Stat. 3455-3456); and
(B) amounts appropriated or otherwise made
available for any fiscal year for the
reconstruction of Afghanistan under--
(i) the Economic Support Fund;
(ii) the International Narcotics
Control and Law Enforcement account; or
(iii) any other provision of law.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committees on Appropriations, Armed
Services, and Foreign Relations of the Senate;
and
(B) the Committees on Appropriations, Armed
Services, and Foreign Affairs of the House of
Representatives.
(n) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated $20,000,000 for fiscal year 2008 to carry
out this section.
(2) Offset.--The amount authorized to be
appropriated by section 1513 for the Afghanistan
Security Forces Fund is hereby reduced by $20,000,000.
(o) Termination.--
(1) In general.--The Office of the Special
Inspector General for Afghanistan Reconstruction shall
terminate 180 days after the date on which amounts
appropriated or otherwise made available for the
reconstruction of Afghanistan that are unexpended are
less than $250,000,000.
(2) Final report.--The Inspector General shall,
prior to the termination of the Office of the Special
Inspector General for Afghanistan Reconstruction under
paragraph (1), prepare and submit to the appropriate
congressional committees a final forensic audit report
on programs and operations funded with amounts
appropriated or otherwise made available for the
reconstruction of Afghanistan.
SEC. 1230. REPORT ON PROGRESS TOWARD SECURITY AND STABILITY IN
AFGHANISTAN.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, and every 180 days thereafter
through the end of fiscal year 2010, the President, acting
through the Secretary of Defense, shall submit to the
appropriate congressional committees a report on progress
toward security and stability in Afghanistan.
(b) Coordination.--The report required under subsection (a)
shall be prepared in coordination with the Secretary of State,
the Director of National Intelligence, the Attorney General,
the Administrator of the Drug Enforcement Administration, the
Administrator of the United States Agency for International
Development, the Secretary of Agriculture, and the head of any
other department or agency of the Government of the United
States involved with activities relating to security and
stability in Afghanistan.
(c) Matters To Be Included: Strategic Direction of United
States Activities Relating to Security and Stability in
Afghanistan.--The report required under subsection (a) shall
include a description of a comprehensive strategy of the United
States for security and stability in Afghanistan. The
description of such strategy shall consist of a general
overview and a separate detailed section for each of the
following:
(1) North atlantic treaty organization
international security assistance force.--A description
of the following:
(A) Efforts of the United States to work
with countries participating in the North
Atlantic Treaty Organization (NATO)
International Security Assistance Force (ISAF)
in Afghanistan (hereafter in this section
referred to as ``NATO ISAF countries'').
(B) Any actions by the United States to
achieve the following goals relating to
strengthening the NATO ISAF, and the results of
such actions:
(i) Encourage NATO ISAF countries
to fulfill commitments to the NATO ISAF
mission in Afghanistan, and ensure
adequate contributions to efforts to
build the capacity of the Afghanistan
National Security Forces (ANSF),
counter-narcotics efforts, and
reconstruction and development
activities in Afghanistan.
(ii) Remove national caveats on the
use of forces deployed as part of the
NATO ISAF.
(iii) Reduce the number of civilian
casualties resulting from military
operations of NATO ISAF countries and
mitigate the impact of such casualties
on the Afghan people.
(2) Afghanistan national security forces.--A
description of the following:
(A) A comprehensive and effective long-term
strategy and budget, with defined objectives,
for activities relating to strengthening the
resources, capabilities, and effectiveness of
the Afghanistan National Army (ANA) and the
Afghanistan National Police (ANP) of the ANSF,
with the goal of ensuring that a strong and
fully-capable ANSF is able to independently and
effectively conduct operations and maintain
security and stability in Afghanistan.
(B) Any actions by the United States to
achieve the following goals relating to
building the capacity of the ANSF, and the
results of such actions:
(i) Improve coordination with all
relevant departments and agencies of
the Government of the United States, as
well as NATO ISAF countries and other
international partners.
(ii) Improve ANSF recruitment and
retention, including through improved
vetting and salaries for the ANSF.
(iii) Increase and improve ANSF
training and mentoring.
(iv) Strengthen the partnership
between the Government of the United
States and the Government of
Afghanistan.
(3) Provincial reconstruction teams and other
reconstruction and development activities.--A
description of the following:
(A) A comprehensive and effective long-term
strategy and budget, with defined objectives,
for reconstruction and development in
Afghanistan, including a long-term strategy
with a mission and objectives for each United
States-led Provincial Reconstruction Team (PRT)
in Afghanistan.
(B) Any actions by the United States to
achieve the following goals with respect to
reconstruction and development in Afghanistan,
and the results of such actions:
(i) Improve coordination with all
relevant departments and agencies of
the Government of the United States, as
well as NATO ISAF countries and other
international partners.
(ii) Clarify the chain of command,
and operations plans for United States-
led PRTs that are appropriate to meet
the needs of the relevant local
communities.
(iii) Promote coordination among
PRTs.
(iv) Ensure that each PRT is
adequately staffed, particularly with
civilian specialists, and that such
staff receive appropriate training.
(v) Expand the ability of the
Afghan people to assume greater
responsibility for their own
reconstruction and development
projects.
(vi) Strengthen the partnership
between the Government of the United
States and Government of Afghanistan.
(vii) Ensure proper reconstruction
and development oversight activities,
including implementation, where
appropriate, of recommendations of any
United States inspectors general,
including the Special Inspector General
for Afghanistan Reconstruction
appointed pursuant to section 1229.
(4) Counter-narcotics activities.--A description of
the following:
(A) A comprehensive and effective long-term
strategy and budget, with defined objectives,
for the activities of the Department of Defense
relating to counter-narcotics efforts in
Afghanistan, including--
(i) roles and missions of the
Department of Defense within the
overall counter-narcotics strategy for
Afghanistan of the Government of the
United States, including a statement of
priorities;
(ii) a detailed, comprehensive, and
effective strategy with defined one-
year, three-year, and five-year
objectives and a description of the
accompanying allocation of resources of
the Department of Defense to accomplish
such objectives;
(iii) in furtherance of the
strategy described in clause (i),
actions that the Department of Defense
is taking and has planned to take to--
(I) improve coordination
within the Department of
Defense and with all relevant
departments and agencies of the
Government of the United
States;
(II) strengthen
significantly the Afghanistan
National Counter-narcotics
Police;
(III) build the capacity of
local and provincial
governments of Afghanistan and
the national Government of
Afghanistan to assume greater
responsibility for counter-
narcotics-related activities,
including interdiction; and
(IV) improve counter-
narcotics-related intelligence
capabilities and tactical use
of such capabilities by the
Department of Defense and other
appropriate departments and
agencies of the Government of
the United States; and
(iv) the impact, if any, including
the disadvantages and advantages, if
any, on the primary counter-terrorism
mission of the United States military
of providing enhanced logistical
support to departments and agencies of
the Government of the United States and
counter-narcotics partners of the
United States in their interdiction
efforts, including apprehending or
eliminating major drug traffickers in
Afghanistan.
(B) The counter-narcotics roles and
missions assumed by the local and provincial
governments of Afghanistan and the national
Government of Afghanistan, appropriate
departments and agencies of the Government of
the United States (other than the Department of
Defense), the NATO ISAF, and the governments of
other countries.
(C) The plan and efforts to coordinate the
counter-narcotics strategy and activities of
the Department of Defense with the counter-
narcotics strategy and activities of the
Government of Afghanistan, the NATO-led
interdiction and security forces, other
appropriate countries, and other counter-
narcotics partners of the United States, and
the results of such efforts.
(D) The progress made by the governments,
organizations, and entities specified in
subparagraph (B) in executing designated roles
and missions, and in coordinating and
implementing counternarcotics plans and
activities, and based on the results of this
progress whether, and to what extent, roles and
missions for the Department of Defense should
be altered in the future, or should remain
unaltered.
(5) Public corruption and rule of law.--A
description of any actions, and the results of such
actions, to help the Government of Afghanistan fight
public corruption and strengthen governance and the
rule of law at the local, provincial, and national
levels.
(6) Regional considerations.--A description of any
actions and the results of such actions to increase
cooperation with countries geographically located
around Afghanistan's border, with a particular focus on
improving security and stability in the Afghanistan-
Pakistan border areas.
(d) Matters to Be Included: Performance Indicators and
Measures of Progress Toward Sustainable Long-Term Security and
Stability in Afghanistan.--
(1) In general.--The report required under
subsection (a) shall set forth a comprehensive set of
performance indicators and measures of progress toward
sustainable long-term security and stability in
Afghanistan, as specified in paragraph (2), and shall
include performance standards and progress goals,
together with a notional timetable for achieving such
goals.
(2) Performance indicators and measures of progress
specified.--The performance indicators and measures of
progress specified in this paragraph shall include, at
a minimum, the following:
(A) With respect to the NATO ISAF, an
assessment of unfulfilled NATO ISAF mission
requirements and contributions from individual
NATO ISAF countries, including levels of troops
and equipment, the effect of contributions on
operations, and unfulfilled commitments.
(B) An assessment of military operations of
the NATO ISAF, including of NATO ISAF
countries, and an assessment of separate
military operations by United States forces.
Such assessments shall include--
(i) indicators of a stable security
environment in Afghanistan, such as
number of engagements per day, and
trends relating to the numbers and
types of hostile encounters; and
(ii) the effects of national
caveats that limit operations,
geographic location of operations, and
estimated number of civilian
casualties.
(C) For the Afghanistan National Army
(ANA), and separately for the Afghanistan
National Police (ANP), of the Afghanistan
National Security Forces (ANSF) an assessment
of the following:
(i) Recruitment and retention
numbers, rates of absenteeism, vetting
procedures, and salary scale.
(ii) Numbers trained, numbers
receiving mentoring, the type of
training and mentoring, and number of
trainers, mentors, and advisers needed
to support the ANA and ANP and
associated ministries.
(iii) Type of equipment used.
(iv) Operational readiness status
of ANSF units, including the type,
number, size and organizational
structure of ANA and ANP units that
are--
(I) capable of conducting
operations independently;
(II) capable of conducting
operations with the support of
the United States, NATO ISAF
forces, or other coalition
forces; or
(III) not ready to conduct
operations.
(v) Effectiveness of ANA and ANP
officers and the ANA and ANP chain of
command.
(vi) Extent to which insurgents
have infiltrated the ANA and ANP.
(vii) Estimated number and
capability level of the ANA and ANP
needed to perform duties now undertaken
by NATO ISAF countries, separate United
States forces and other coalition
forces, including defending the borders
of Afghanistan and providing adequate
levels of law and order throughout
Afghanistan.
(D) An assessment of the estimated strength
of the insurgency in Afghanistan and the extent
to which it is composed of non-Afghan fighters
and utilizing weapons or weapons-related
materials from countries other than
Afghanistan.
(E) A description of all terrorist and
insurgent groups operating in Afghanistan,
including the number, size, equipment strength,
military effectiveness, sources of support,
legal status, and any efforts to disarm or
reintegrate each such group.
(F) An assessment of security and
stability, including terrorist and insurgent
activity, in Afghanistan-Pakistan border areas
and in Pakistan's Federally Administered Tribal
Areas.
(G) An assessment of United States military
requirements, including planned force
rotations, for the twelve-month period
following the date of the report required under
subsection (a).
(H) For reconstruction and development, an
assessment of the following:
(i) The location, funding
(including the sources of funding),
staffing requirements, current staffing
levels, and activities of each United
States-led Provincial Reconstruction
Team.
(ii) Key indicators of economic
activity that should be considered the
most important for determining the
prospects of stability in Afghanistan,
including--
(I) the indicators set
forth in the Afghanistan
Compact, which consist of
roads, education, health,
agriculture and electricity;
and
(II) unemployment and
poverty levels.
(I) For counter-narcotics efforts, an
assessment of the activities of the Department
of Defense in Afghanistan, as described in
subsection (c)(4), and the effectiveness of
such activities.
(J) Key measures of political stability
relating to both central and local Afghan
governance.
(K) For public corruption and rule of law,
an assessment of anti-corruption and law
enforcement activities at the local,
provincial, and national levels and the
effectiveness of such activities.
(e) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a classified
annex, if necessary.
(f) Congressional Briefings.--The Secretary of Defense
shall supplement the report required under subsection (a) with
regular briefings to the appropriate congressional committees
on the subject matter of the report.
(g) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign Affairs
of the House of Representatives; and
(2) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign
Relations of the Senate.
SEC. 1231. UNITED STATES PLAN FOR SUSTAINING THE AFGHANISTAN NATIONAL
SECURITY FORCES.
(a) Plan Required.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter through
the end of fiscal year 2010, the Secretary of Defense shall
submit to the appropriate congressional committees a report on
a long-term detailed plan for sustaining the Afghanistan
National Army (ANA) and the Afghanistan National Police (ANP)
of the Afghanistan National Security Forces (ANSF), with the
objective of ensuring that a strong and fully-capable ANSF will
be able to independently and effectively conduct operations and
maintain long-term security and stability in Afghanistan.
(b) Coordination.--The report required under subsection (a)
shall be prepared in coordination with the Secretary of State.
(c) Matters to Be Included.--The report required under
subsection (a) shall include a description of the following
matters relating to the plan for sustaining the ANSF:
(1) A comprehensive and effective long-term
strategy and budget, with defined objectives.
(2) A mechanism for tracking funding, equipment,
training, and services provided for the ANSF by the
United States, countries participating in the North
Atlantic Treaty Organization (NATO) International
Security Assistance Force (ISAF) in Afghanistan
(hereafter in this section referred to as ``NATO ISAF
countries''), and other coalition forces that are not
part of the NATO ISAF.
(3) Any actions to assist the Government of
Afghanistan achieve the following goals, and the
results of such actions:
(A) Build and sustain effective Afghan
security institutions with fully-capable
leadership and staff, including a reformed
Ministry of Interior, a fully-established
Ministry of Defense, and logistics,
intelligence, medical, and recruiting units
(hereafter in this section referred to as
``ANSF-sustaining institutions'').
(B) Train and equip fully-capable ANSF that
are capable of conducting operations
independently and in sufficient numbers.
(C) Establish strong ANSF-readiness
assessment tools and metrics.
(D) Build and sustain strong, professional
ANSF officers at the junior-, mid-, and senior-
levels.
(E) Develop strong ANSF communication and
control between central command and regions,
provinces, and districts.
(F) Establish a robust mentoring and
advising program, and a strong professional
military training and education program, for
all ANSF officials.
(G) Establish effective merit-based salary,
rank, promotion, and incentive structures for
the ANSF.
(H) Develop mechanisms for incorporating
lessons learned and best practices into ANSF
operations.
(I) Establish an ANSF personnel
accountability system with effective internal
discipline procedures and mechanisms, and a
system for addressing ANSF personnel
complaints.
(J) Ensure effective ANSF oversight
mechanisms, including a strong record-keeping
system to track ANSF equipment and personnel.
(4) Coordination with all relevant departments and
agencies of the Government of the United States, as
well as NATO ISAF countries and other international
partners, including on--
(A) funding;
(B) reform and establishment of ANSF-
sustaining institutions; and
(C) efforts to ensure that progress on
sustaining the ANSF is reinforced with progress
in other pillars of the Afghan security sector,
particularly progress on building an effective
judiciary, curbing production and trafficking
of illicit narcotics, and demobilizing,
disarming, and reintegrating militia fighters.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign Affairs
of the House of Representatives; and
(2) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign
Relations of the Senate.
SEC. 1232. REPORT ON ENHANCING SECURITY AND STABILITY IN THE REGION
ALONG THE BORDER OF AFGHANISTAN AND PAKISTAN.
(a) Report Required.--
(1) In general.--Not later than March 31, 2008, the
Secretary of Defense, in consultation with the
Secretary of State, shall submit to the appropriate
congressional committees a report on enhancing security
and stability in the region along the border of
Afghanistan and Pakistan.
(2) Matters to be included.--The report required
under paragraph (1) shall include the following:
(A) A detailed description of the efforts
by the Government of Pakistan to achieve the
following objectives:
(i) Eliminate safe havens for
Taliban, Al Qaeda, and other violent
extremist forces on the national
territory of Pakistan.
(ii) Prevent the movement of such
forces across the border of Pakistan
into Afghanistan to engage in insurgent
or terrorist activities.
(B) An assessment of the Secretary of
Defense as to whether Pakistan is making
substantial and sustained efforts to achieve
the objectives specified in subparagraph (A).
(3) Form.--The report required under paragraph (1)
shall be submitted in unclassified form, but may
include a classified annex.
(4) Limitation.--
(A) In general.--If the Secretary of
Defense does not submit the report required
under paragraph (1) by March 31, 2008, then
after such date the Government of Pakistan may
not be reimbursed under the authority of any
provision of law described in subparagraph (B)
for logistical, military, or other support
provided by Pakistan to the United States until
the Secretary submits to the appropriate
congressional committees the report required by
such paragraph.
(B) Provisions of law.--The provisions of
law referred to in subparagraph (A) are the
following:
(i) Section 1233.
(ii) Any other provision of law
under which payments are authorized to
reimburse key cooperating nations for
logistical, military, or other support
provided by that nation to or in
connection with United States military
operations.
(5) Appropriate congressional committees defined.--
In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on Armed Services, the
Committee on Appropriations, and the Committee
on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Armed Services, the
Committee on Appropriations, and the Committee
on Foreign Relations of the Senate.
(b) Notification Relating to Department of Defense
Coalition Support Funds for Pakistan.--
(1) Notification.--
(A) In general.--Not less than 15 days
before making any reimbursement to the
Government of Pakistan under the authority of
any provision of law described in subparagraph
(B) for logistical, military, or other support
provided by Pakistan to the United States, the
Secretary of Defense shall submit to the
congressional defense committees a written
notification that contains a detailed
description of such logistical, military, or
other support.
(B) Provisions of law.--The provisions of
law referred to in subparagraph (A) are the
following:
(i) Section 1233.
(ii) Any other provision of law
under which payments are authorized to
reimburse key cooperating nations for
logistical, military, or other support
provided by that nation to or in
connection with United States military
operations.
(2) Matters to be included.--Each notification
required under paragraph (1) shall include an itemized
description of the following support provided by
Pakistan to the United States for which the United
States will provide reimbursement:
(A) Logistic support, supplies, and
services, as such term is defined in section
2350(1) of title 10, United States Code.
(B) Military support.
(C) Any other support or services.
(3) Form.--Each notification required under
paragraph (1) shall be submitted in unclassified form,
but may include a classified annex.
(4) Relationship to other notification
requirements.--Each notification required under
paragraph (1) shall be in addition to any notification
requirements under any provision of law described in
subparagraph (B) of such paragraph.
(5) Effective date.--The requirement to submit
notifications under paragraph (1) shall apply with
respect to reimbursements to the Government of Pakistan
for logistical, military, or other support provided by
Pakistan to the United States during the period
beginning on February 1, 2008, and ending on September
30, 2009.
SEC. 1233. REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR SUPPORT
PROVIDED TO UNITED STATES MILITARY OPERATIONS.
(a) Authority.--From funds made available for the
Department of Defense by section 1508 for operation and
maintenance, Defense-wide activities, the Secretary of Defense
may reimburse any key cooperating nation for logistical and
military support provided by that nation to or in connection
with United States military operations in Operation Iraqi
Freedom or Operation Enduring Freedom.
(b) Amounts of Reimbursement.--
(1) In general.--Reimbursement authorized by
subsection (a) may be made in such amounts as the
Secretary of Defense, with the concurrence of the
Secretary of State and in 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.
(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.
(c) Limitations.--
(1) Limitation on amount.--The total amount of
reimbursements made under the authority in subsection
(a) during fiscal year 2008 may not exceed
$1,200,000,000.
(2) Prohibition on contractual obligations to make
payments.--The Secretary of Defense may not enter into
any contractual obligation to make a reimbursement
under the authority in subsection (a).
(d) Notice to Congress.--The Secretary of Defense shall--
(1) notify the congressional defense committees not
less than 15 days before making any reimbursement under
the authority in subsection (a); and
(2) submit to the congressional defense committees
on a quarterly basis a report on any reimbursements
made under the authority in subsection (a) during such
quarter.
SEC. 1234. LOGISTICAL SUPPORT FOR COALITION FORCES 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.
(b) Required Determination.--The Secretary may provide
logistical support under the authority in subsection (a) only
if the Secretary determines that the coalition forces to be
provided the logistical support--
(1) are essential to the success of a United States
military or stabilization operation; and
(2) would not be able to participate in such
operation without the provision of the logistical
support.
(c) Coordination With Export Control Laws.--Logistical
support may be provided under the authority in subsection (a)
only in accordance with applicable provisions of the Arms
Export Control Act and other export control laws of the United
States.
(d) Limitation on Value.--The total amount of logistical
support provided under the authority in subsection (a) in
fiscal year 2008 may not exceed $400,000,000.
(e) Quarterly Reports.--
(1) Reports required.--Not later than 15 days after
the end of each fiscal-year quarter of fiscal year
2008, the Secretary shall submit to the congressional
defense committees a report on the provision of
logistical support under the authority in subsection
(a) during such fiscal-year quarter.
(2) Elements.--Each report under paragraph (1)
shall include, for the fiscal-year quarter covered by
such report, the following:
(A) Each nation provided logistical support
under the authority in subsection (a).
(B) For each such nation, a description of
the type and value of logistical support so
provided.
Subtitle C--Iraq Refugee Crisis
SEC. 1241. SHORT TITLE.
This subtitle may be cited as the ``Refugee Crisis in Iraq
Act of 2007''.
SEC. 1242. PROCESSING MECHANISMS.
(a) In General.--The Secretary of State, in consultation
with the Secretary of Homeland Security, shall establish or use
existing refugee processing mechanisms in Iraq and in
countries, where appropriate, in the region in which--
(1) aliens described in section 1243 may apply and
interview for admission to the United States as
refugees; and
(2) aliens described in section 1244(b) may apply
and interview for admission to United States as special
immigrants.
(b) Suspension.--If such is determined necessary, the
Secretary of State, in consultation with the Secretary of
Homeland Security, may suspend in-country processing under
subsection (a) for a period not to exceed 90 days. Such
suspension may be extended by the Secretary of State upon
notification to the Committee on the Judiciary of the House of
Representatives, the Committee on Foreign Affairs of the House
of Representatives, the Committee on the Judiciary of the
Senate, and the Committee on Foreign Relations of the Senate.
The Secretary of State shall submit to such committees a report
outlining the basis of any such suspension and any extensions
thereof.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in consultation
with the Secretary of Homeland Security, shall submit to the
committees specified in subsection (b) a report that--
(1) describes the Secretary of State's plans to
establish the processing mechanisms required under
subsection (a);
(2) contains an assessment of in-country processing
that makes use of videoconferencing; and
(3) describe the Secretary of State's diplomatic
efforts to improve issuance of exit permits to Iraqis
who have been provided special immigrant status under
section 1244 and Iraqi refugees under section 1243.
SEC. 1243. UNITED STATES REFUGEE PROGRAM PROCESSING PRIORITIES.
(a) In General.--Refugees of special humanitarian concern
eligible for Priority 2 processing under the refugee
resettlement priority system who may apply directly to the
United States Admission Program shall include--
(1) Iraqis who were or are employed by the United
States Government, in Iraq;
(2) Iraqis who establish to the satisfaction of the
Secretary of State that they are or were employed in
Iraq by--
(A) a media or nongovernmental organization
headquartered in the United States; or
(B) an organization or entity closely
associated with the United States mission in
Iraq that has received United States Government
funding through an official and documented
contract, award, grant, or cooperative
agreement; and
(3) spouses, children, and parents whether or not
accompanying or following to join, and sons, daughters,
and siblings of aliens described in paragraph (1),
paragraph (2), or section 1244(b)(1); and
(4) Iraqis who are members of a religious or
minority community, have been identified by the
Secretary of State, or the designee of the Secretary,
as a persecuted group, and have close family members
(as described in section 201(b)(2)(A)(i) or 203(a) of
the Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i) and 1153(a))) in the United States.
(b) Identification of Other Persecuted Groups.--The
Secretary of State, or the designee of the Secretary, is
authorized to identify other Priority 2 groups of Iraqis,
including vulnerable populations.
(c) Ineligible Organizations and Entities.--Organizations
and entities described in subsection (a)(2) shall not include
any that appear on the Department of the Treasury's list of
Specially Designated Nationals or any entity specifically
excluded by the Secretary of Homeland Security, after
consultation with the Secretary of State and the heads of
relevant elements of the intelligence community (as defined in
section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
(d) Applicability of Other Requirements.--Aliens under this
section who qualify for Priority 2 processing under the refugee
resettlement priority system shall satisfy the requirements of
section 207 of the Immigration and Nationality Act (8 U.S.C.
1157) for admission to the United States.
(e) Numerical Limitations.--In determining the number of
Iraqi refugees who should be resettled in the United States
under paragraphs (2), (3), and (4) of subsection (a) and
subsection (b) of section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157), the President shall consult
with the heads of nongovernmental organizations that have a
presence in Iraq or experience in assessing the problems faced
by Iraqi refugees.
(f) Eligibility for Admission as Refugee.--No alien shall
be denied the opportunity to apply for admission under this
section solely because such alien qualifies as an immediate
relative or is eligible for any other immigrant classification.
SEC. 1244. SPECIAL IMMIGRANT STATUS FOR CERTAIN IRAQIS.
(a) In General.--Subject to subsection (c), the Secretary
of Homeland Security, or, notwithstanding any other provision
of law, the Secretary of State in consultation with the
Secretary of Homeland Security, may provide an alien described
in subsection (b) with the status of a special immigrant under
section 101(a)(27) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)), if the alien--
(1) or an agent acting on behalf of the alien,
submits a petition for classification under section
203(b)(4) of such Act (8 U.S.C. 1153(b)(4));
(2) is otherwise eligible to receive an immigrant
visa;
(3) is otherwise admissible to the United States
for permanent residence (excluding the grounds for
inadmissibility specified in section 212(a)(4) of such
Act (8 U.S.C. 1182(a)(4)); and
(4) cleared a background check and appropriate
screening, as determined by the Secretary of Homeland
Security.
(b) Aliens Described.--
(1) Principal aliens.--An alien is described in
this subsection if the alien--
(A) is a citizen or national of Iraq;
(B) was or is employed by or on behalf of
the United States Government in Iraq, on or
after March 20, 2003, for not less than one
year;
(C) provided faithful and valuable service
to the United States Government, which is
documented in a positive recommendation or
evaluation, subject to paragraph (4), from the
employee's senior supervisor or the person
currently occupying that position, or a more
senior person, if the employee's senior
supervisor has left the employer or has left
Iraq; and
(D) has experienced or is experiencing an
ongoing serious threat as a consequence of the
alien's employment by the United States
Government.
(2) Spouses and children.--An alien is described in
this subsection if the alien--
(A) is the spouse or child of a principal
alien described in paragraph (1); and
(B) is accompanying or following to join
the principal alien in the United States.
(3) Treatment of surviving spouse or child.--An
alien is described in subsection (b) if the alien--
(A) was the spouse or child of a principal
alien described in paragraph (1) who had a
petition for classification approved pursuant
to this section or section 1059 of the National
Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 8 U.S.C. 1101 note), which
included the alien as an accompanying spouse or
child; and
(B) due to the death of the principal
alien--
(i) such petition was revoked or
terminated (or otherwise rendered
null); and
(ii) such petition would have been
approved if the principal alien had
survived.
(4) Approval by chief of mission required.--A
recommendation or evaluation required under paragraph
(1)(C) shall be accompanied by approval from the Chief
of Mission, or the designee of the Chief of Mission,
who shall conduct a risk assessment of the alien and an
independent review of records maintained by the United
States Government or hiring organization or entity to
confirm employment and faithful and valuable service to
the United States Government prior to approval of a
petition under this section.
(c) Numerical Limitations.--
(1) In general.--The total number of principal
aliens who may be provided special immigrant status
under this section may not exceed 5,000 per year for
each of the five fiscal years beginning after the date
of the enactment of this Act.
(2) Exclusion from numerical limitations.--Aliens
provided special immigrant status under this section
shall not be counted against any numerical limitation
under sections 201(d), 202(a), or 203(b)(4) of the
Immigration and Nationality Act (8 U.S.C. 1151(d),
1152(a), and 1153(b)(4)).
(3) Carry forward.--
(A) Fiscal years one through four.--If the
numerical limitation specified in paragraph (1)
is not reached during a given fiscal year
referred to in such paragraph (with respect to
fiscal years one through four), the numerical
limitation specified in such paragraph for the
following fiscal year shall be increased by a
number equal to the difference between--
(i) the numerical limitation
specified in paragraph (1) for the
given fiscal year; and
(ii) the number of principal aliens
provided special immigrant status under
this section during the given fiscal
year.
(B) Fiscal years five and six.--If the
numerical limitation specified in paragraph (1)
is not reached in the fifth fiscal year
beginning after the date of the enactment of
this Act, the total number of principal aliens
who may be provided special immigrant status
under this section for the sixth fiscal year
beginning after such date shall be equal to the
difference between--
(i) the numerical limitation
specified in paragraph (1) for the
fifth fiscal year; and
(ii) the number of principal aliens
provided such status under this section
during the fifth fiscal year.
(d) Visa and Passport Issuance and Fees.--Neither the
Secretary of State nor the Secretary of Homeland Security may
charge an alien described in subsection (b) any fee in
connection with an application for, or issuance of, a special
immigrant visa. The Secretary of State shall make a reasonable
effort to ensure that aliens described in this section who are
issued special immigrant visas are provided with the
appropriate series Iraqi passport necessary to enter the United
States.
(e) Protection of Aliens.--The Secretary of State, in
consultation with the heads of other relevant Federal agencies,
shall make a reasonable effort to provide an alien described in
this section who is applying for a special immigrant visa with
protection or the immediate removal from Iraq, if possible, of
such alien if the Secretary determines after consultation that
such alien is in imminent danger.
(f) Eligibility for Admission Under Other Classification.--
No alien shall be denied the opportunity to apply for admission
under this section solely because such alien qualifies as an
immediate relative or is eligible for any other immigrant
classification.
(g) Resettlement Support.--Iraqi aliens granted special
immigrant status described in section 101(a)(27) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) shall be
eligible for resettlement assistance, entitlement programs, and
other benefits available to refugees admitted under section 207
of such Act (8 U.S.C. 1157) for a period not to exceed eight
months.
(h) Rule of Construction.--Nothing in this section may be
construed to affect the authority of the Secretary of Homeland
Security under section 1059 of the National Defense
Authorization Act for Fiscal Year 2006.
SEC. 1245. SENIOR COORDINATOR FOR IRAQI REFUGEES AND INTERNALLY
DISPLACED PERSONS.
(a) Designation in Iraq.--The Secretary of State shall
designate in the embassy of the United States in Baghdad, Iraq,
a Senior Coordinator for Iraqi Refugees and Internally
Displaced Persons (referred to in this section as the ``Senior
Coordinator'').
(b) Responsibilities.--The Senior Coordinator shall be
responsible for the oversight of processing for the
resettlement in the United States of refugees of special
humanitarian concern, special immigrant visa programs in Iraq,
and the development and implementation of other appropriate
policies and programs concerning Iraqi refugees and internally
displaced persons. The Senior Coordinator shall have the
authority to refer persons to the United States refugee
resettlement program.
(c) Designation of Additional Senior Coordinators.--The
Secretary of State shall designate in the embassies of the
United States in Cairo, Egypt, Amman, Jordan, Damascus, Syria,
and Beirut, Lebanon, a Senior Coordinator to oversee
resettlement in the United States of refugees of special
humanitarian concern in those countries to ensure their
applications to the United States refugee resettlement program
are processed in an orderly manner and without delay.
SEC. 1246. COUNTRIES WITH SIGNIFICANT POPULATIONS OF IRAQI REFUGEES.
With respect to each country with a significant population
of Iraqi refugees, including Iraq, Jordan, Egypt, Syria,
Turkey, and Lebanon, the Secretary of State shall--
(1) as appropriate, consult with the appropriate
government officials of such countries and other
countries and the United Nations High Commissioner for
Refugees regarding resettlement of the most vulnerable
members of such refugee populations; and
(2) as appropriate, except where otherwise
prohibited by the laws of the United States, develop
mechanisms in and provide assistance to countries with
a significant population of Iraqi refugees to ensure
the well-being and safety of such populations in their
host environments.
SEC. 1247. MOTION TO REOPEN DENIAL OR TERMINATION OF ASYLUM.
An alien who applied for asylum or withholding of removal
and whose claim was denied on or after March 1, 2003, by an
asylum officer or an immigration judge solely, or in part, on
the basis of changed country conditions may, notwithstanding
any other provision of law, file a motion to reopen such claim
in accordance with subparagraphs (A) and (B) of section
240(c)(7) of the Immigration and Nationality Act (8 U.S.C.
1229a(c)(7)) not later than six months after the date of the
enactment of the Refugee Crisis in Iraq Act if the alien--
(1) is a citizen or national of Iraq; and
(2) has remained in the United States since the
date of such denial.
SEC. 1248. REPORTS.
(a) Secretary of Homeland Security.--Not later than 120
days after the date of the enactment of this Act, the Secretary
of Homeland Security shall submit to the Committee on the
Judiciary of the House of Representatives, the Committee on
Foreign Affairs of the House of Representatives, the Committee
on the Judiciary of the Senate, and the Committee on Foreign
Relations of the Senate a report containing plans to expedite
the processing of Iraqi refugees for resettlement, including
information relating to--
(1) expediting the processing of Iraqi refugees for
resettlement, including through temporary expansion of
the Refugee Corps of United States Citizenship and
Immigration Services;
(2) increasing the number of personnel of the
Department of Homeland Security devoted to refugee
processing in Iraq, Jordan, Egypt, Syria, Turkey, and
Lebanon;
(3) enhancing existing systems for conducting
background and security checks of persons applying for
special immigrant status and of persons considered
Priority 2 refugees of special humanitarian concern
under the refugee resettlement priority system, which
enhancements shall support immigration security and
provide for the orderly processing of such applications
without delay; and
(4) the projections of the Secretary, per country
and per month, for the number of refugee interviews
that will be conducted in fiscal year 2008 and fiscal
year 2009.
(b) President.--Not later than 120 days after the date of
the enactment of this Act, and annually thereafter through
2013, the President shall submit to Congress an unclassified
report, with a classified annex if necessary, which includes--
(1) an assessment of the financial, security, and
personnel considerations and resources necessary to
carry out the provisions of this subtitle;
(2) the number of aliens described in section
1243(a)(1);
(3) the number of such aliens who have applied for
special immigrant visas;
(4) the date of such applications; and
(5) in the case of applications pending for longer
than six months, the reasons that such visas have not
been expeditiously processed.
(c) Report on Iraqi Citizens and Nationals Employed by the
United States Government or Federal Contractors in Iraq.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of
Defense, the Secretary of State, the Administrator of
the United States Agency for International Development,
the Secretary of the Treasury, and the Secretary of
Homeland Security shall--
(A) review internal records and databases
of their respective agencies for information
that can be used to verify employment of Iraqi
nationals by the United States Government; and
(B) request from each prime contractor or
grantee that has performed work in Iraq since
March 20, 2003, under a contract, grant, or
cooperative agreement with their respective
agencies that is valued in excess of $25,000
information that can be used to verify the
employment of Iraqi nationals by such
contractor or grantee.
(2) Information required.--To the extent data is
available, the information referred to in paragraph (1)
shall include the name and dates of employment of,
biometric data for, and other data that can be used to
verify the employment of each Iraqi citizen or national
who has performed work in Iraq since March 20, 2003,
under a contract, grant, or cooperative agreement with
an executive agency.
(3) Executive agency defined.--In this subsection,
the term ``executive agency'' has the meaning given the
term in section 4(1) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(1)).
(d) Report on Establishment of Database.--Not later than
120 days after the date of the enactment of this Act, the
Secretary of Defense, in consultation with the Secretary of
State, the Administrator of the United States Agency for
International Development, the Secretary of the Treasury, and
the Secretary of Homeland Security, shall submit to Congress a
report examining the options for establishing a unified,
classified database of information related to contracts,
grants, or cooperative agreements entered into by executive
agencies for the performance of work in Iraq since March 20,
2003, including the information described and collected under
subsection (c), to be used by relevant Federal departments and
agencies to adjudicate refugee, asylum, special immigrant visa,
and other immigration claims and applications.
(e) Noncompliance Report.--Not later than 180 days after
the date of the enactment of this Act, the President shall
submit a report to Congress that describes--
(1) the inability or unwillingness of any
contractor or grantee to provide the information
requested under subsection (c)(1)(B); and
(2) the reasons for failing to provide such
information.
SEC. 1249. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this subtitle.
Subtitle D--Other Authorities and Limitations
SEC. 1251. COOPERATIVE OPPORTUNITIES DOCUMENTS UNDER COOPERATIVE
RESEARCH AND DEVELOPMENT AGREEMENTS WITH NATO
ORGANIZATIONS AND OTHER ALLIED AND FRIENDLY FOREIGN
COUNTRIES.
Section 2350a(e) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``(A)'';
(B) by striking ``an arms cooperation
opportunities document'' and inserting ``a
cooperative opportunities document before the
first milestone or decision point''; and
(C) by striking subparagraph (B); and
(2) in paragraph (2), by striking ``An arms
cooperation opportunities document'' and inserting ``A
cooperative opportunities document''.
SEC. 1252. 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 (Public
Law 109-364; 120 Stat. 2412) is amended--
(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''; and
(2) in paragraph (3) by inserting ``, or in a
peacekeeping operation described in paragraph (1), as
applicable,'' after ``Iraq or Afghanistan''.
(b) One-Year Extension.--Subsection (e) of such section is
amended by striking ``September 30, 2008'' and inserting
``September 30, 2009''.
(c) Conforming Amendment.--The heading of such section is
amended by striking ``FOREIGN FORCES IN IRAQ AND AFGHANISTAN''
and inserting ``CERTAIN FOREIGN FORCES''.
SEC. 1253. ACCEPTANCE OF FUNDS FROM THE GOVERNMENT OF PALAU FOR COSTS
OF UNITED STATES MILITARY CIVIC ACTION TEAM IN
PALAU.
Section 104(a) of Public Law 99-658 (48 U.S.C. 1933(a)) is
amended--
(1) by striking ``In recognition'' and inserting
``(1) In recognition''; and
(2) by adding at the end the following:
``(2) For expenditures that the Department of Defense makes
pursuant to paragraph (1), the Secretary of Defense may accept
up to the amount of $250,000 in annual funds from the
Government of Palau as specified in paragraph (1). Funds
accepted by the Secretary from the Government of Palau under
this paragraph shall be credited to and merged with
appropriations available to the Department of Defense and shall
be used to defray expenditures attendant to the operation of
the United States military Civic Action Team in Palau. Funds so
credited and merged shall be available for the same time period
as the appropriations to which the funds are credited and
merged.''.
SEC. 1254. REPEAL OF REQUIREMENT RELATING TO NORTH KOREA.
Section 1211 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2420) is amended by striking subsection (a).
SEC. 1255. JUSTICE FOR OSAMA BIN LADEN AND OTHER LEADERS OF AL QAEDA.
(a) Enhanced Reward for Capture of Osama Bin Laden.--
Section 36(e)(1) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2708(e)(1)) is amended by adding at the end
the following new sentence: ``The Secretary shall authorize a
reward of $50,000,000 for the capture or death or information
leading to the capture or death of Osama bin Laden.''.
(b) Status of Efforts To Bring Osama Bin Laden and Other
Leaders of Al Qaeda to Justice.--
(1) Report required.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
State and the Secretary of Defense shall, in
coordination with the Director of National
Intelligence, jointly submit to Congress a report on
the progress made in bringing Osama bin Laden and other
leaders of al Qaeda to justice.
(2) Elements.--The report required under paragraph
(1) shall include the following:
(A) An assessment of the likely current
location of terrorist leaders, including Osama
bin Laden, Ayman al-Zawahiri, and other key
leaders of al Qaeda.
(B) A description of ongoing efforts to
bring to justice such terrorist leaders,
particularly those who have been directly
implicated in attacks in the United States and
its embassies.
(C) An assessment of whether the government
of each country assessed as a likely location
of top leaders of al Qaeda has fully cooperated
in efforts to bring those leaders to justice.
(D) A description of diplomatic efforts
currently being made to improve the cooperation
of the governments described in subparagraph
(C).
(E) A description of the current status of
the top leadership of al Qaeda and the strategy
for locating them and bringing them to justice.
(F) An assessment of whether al Qaeda
remains the terrorist organization that poses
the greatest threat to United States interests,
including the greatest threat to the
territorial United States.
(3) Update of report.--Not later than one year
after the submission of the report required under
paragraph (1), the Secretary of State and the Secretary
of Defense shall, in coordination with the Director of
National Intelligence, jointly submit to Congress an
update of the report required under paragraph (1).
(4) Form.--The report required under paragraph (1)
and the update of the report required under paragraph
(3) shall be submitted in unclassified form, but may
contain a classified annex, if necessary.
SEC. 1256. EXTENSION OF COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE.
(a) Members.--Section 1605 of the National Defense
Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note) is
amended in subsection (a)(1)--
(1) in subparagraph (C) by striking ``Director of
Central Intelligence'' and inserting ``Director of
National Intelligence''; and
(2) by adding at the end the following:
``(E) The Secretary of State.
``(F) The Secretary of Homeland
Security.''.
(b) Access to Information.--Subsection (d) of such section
is amended by inserting after ``Department of Energy,'' the
following: ``the Department of State, the Department of
Homeland Security,''.
(c) Termination.--Subsection (f) of such section is amended
by striking ``2008'' and inserting ``2013''.
(d) Submission of Report.--Section 1503 of the National
Defense Authorization Act for Fiscal Year 1995 (22 U.S.C. 2751
note) is amended--
(1) in subsection (a)--
(A) by striking ``Annual'' and inserting
``Biennial''; and
(B) by striking ``each year'' and inserting
``each odd-numbered year''; and
(2) in subsection (b)(5)--
(A) by striking ``fiscal year preceding''
and inserting ``two fiscal years preceding'';
and
(B) by striking ``preceding fiscal year''
and inserting ``preceding fiscal years''.
SEC. 1257. SENSE OF CONGRESS ON THE WESTERN HEMISPHERE INSTITUTE FOR
SECURITY COOPERATION.
It is the sense of Congress that--
(1) the education and training facility of the
Department of Defense known as the Western Hemisphere
Institute for Security Cooperation has the mission of
providing professional education and training to
eligible military personnel, law enforcement officials,
and civilians of nations of the Western Hemisphere that
support the democratic principles set forth in the
Inter-American Democratic Charter of the Organization
of American States, while fostering mutual knowledge,
transparency, confidence, and cooperation among the
participating nations and promoting democratic values
and respect for human rights; and
(2) therefore, the Institute is an invaluable
education and training facility which the Department of
Defense should continue to utilize in order to help
foster a spirit of partnership and interoperability
among the United States military and the militaries of
participating nations.
SEC. 1258. SENSE OF CONGRESS ON IRAN.
It is the sense of Congress that--
(1) the manner in which the United States
transitions and structures its military presence in
Iraq will have critical long-term consequences for the
future of the Persian Gulf and the Middle East, in
particular with regard to the ability of the Government
of Iran to pose a threat to the security of the region,
the prospects for democracy for the people of the
region, and the health of the global economy;
(2) it is in the national interest of the United
States that the Government of Iran should not use
extremists in Iraq to subvert or co-opt the
institutions of the legitimate Government of Iraq;
(3) the United States should designate Iran's
Islamic Revolutionary Guards Corps as a foreign
terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189) and
place the Islamic Revolutionary Guards Corps on the
list of Specially Designated Global Terrorists, as
established under the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) and initiated under
Executive Order 13224 (September 23, 2001); and
(4) the United States should act with all possible
expediency to complete the listing of those entities
targeted under United Nations Security Council
Resolutions 1737 and 1747, adopted unanimously on
December 23, 2006, and March 24, 2007, respectively.
Subtitle E--Reports
SEC. 1261. ONE-YEAR EXTENSION OF UPDATE ON REPORT ON CLAIMS RELATING TO
THE BOMBING OF THE LABELLE DISCOTHEQUE.
Section 1225 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465) is
amended--
(1) in subsection (b)(2)--
(A) in the heading, by striking ``Update''
and inserting ``Updates''; and
(B) by inserting ``and not later than two
years after enactment of this Act,'' after
``Not later than one year after enactment of
this Act,''; and
(2) in subsection (c), by striking ``Committee on
International Relations'' and inserting ``Committee on
Foreign Affairs''.
SEC. 1262. REPORT ON UNITED STATES POLICY TOWARD DARFUR, SUDAN.
(a) Requirement for Report.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of
Defense and the Secretary of State shall jointly submit
to the appropriate congressional committees a report on
the policy of the United States to address the crisis
in the Darfur region of Sudan, eastern Chad, and north-
eastern Central African Republic, and on the
contributions of the Department of Defense and the
Department of State to the North Atlantic Treaty
Organization (NATO), the United Nations, and the
African Union in support of the current African Union
Mission in Sudan (AMIS) or any covered United Nations
mission.
(2) Update of report.--Not later than 180 days
after the submission of the report required under
paragraph (1), the Secretary of Defense and the
Secretary of State shall jointly submit to the
appropriate congressional committees an update of the
report.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) An assessment of the extent to which the
Government of Sudan is in compliance with its
obligations under international law and as a member of
the United Nations, including under United Nations
Security Council Resolutions 1591 (2005), 1706 (2006),
1769 (2007), and 1784 (2007) and a description of any
violations of such obligations, including violations
relating to the denial of or delay in facilitating
access by AMIS and United Nations peacekeeping forces
to conflict areas, failure to implement
responsibilities to demobilize and disarm the Janjaweed
militias, obstruction of the voluntary safe return of
internally displaced persons and refugees, and
degradation of security of and access to humanitarian
supply routes.
(2) An assessment of the role played by rebel
forces in contributing to violence being carried out
against civilians and humanitarian organizations and of
the impact of such activities on international efforts
to create conditions of peace and security on the
ground.
(3) A comprehensive explanation of the policy of
the United States to address the crisis in the Darfur
region, including the activities undertaken by the
Department of Defense and the Department of State in
support of that policy.
(4) A comprehensive assessment of the potential
impact of a no-fly zone for the Darfur region,
including an assessment of the impact of such a no-fly
zone on humanitarian efforts in Darfur and the region
and a plan to minimize any negative impact on such
humanitarian efforts during the implementation of such
a no-fly zone.
(5) A description of contributions made by the
Department of Defense and the Department of State in
support of NATO assistance to AMIS and any covered
United Nations mission.
(6) An assessment of the extent to which additional
United States Government resources are necessary to
meet its obligations to AMIS and any covered United
Nations mission.
(7) An assessment of the force size and composition
of an international effort estimated to be necessary to
provide protection to civilian populations currently
displaced in the Darfur region, as well as the force
size and composition of an international effort
estimated to be necessary to provide broader stability
within that region.
(8) An examination of the current capacity of the
existing airfield in Abeche, Chad, including the scope
of its current use by the international community in
response to the crisis in the Darfur region.
(9) An analysis of the upgrades, and their
associated costs, necessary to enable the airfield in
Abeche, Chad, to be improved to be fully capable of
accommodating a humanitarian, peacekeeping, or other
force deployment of the size foreseen by United Nations
Security Council Resolution 1769 calling for a United
Nations deployment to Chad and a hybrid force of the
United Nations and African Union operating under
Chapter VII of the United Nations Charter for Sudan.
(c) Form and Availability of Reports.--
(1) Form.--The report and update of the report
required under subsection (a) shall be submitted in an
unclassified form, but may include a classified annex.
(2) Availability.--The unclassified portion of the
report and update of the report required under
subsection (a) shall be made available to the public.
(d) Repeal of Superseded Report Requirement.--Section 1227
of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2426) is
repealed.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate;
and
(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(2) Covered united nations mission.--The term
``covered United Nations mission'' means any United
Nations-African Union hybrid peacekeeping operation in
the Darfur region of Sudan, and any United Nations
peacekeeping operation in the Darfur region, eastern
Chad, or northern Central African Republic, that is
deployed on or after the date of the enactment of this
Act.
SEC. 1263. INCLUSION OF INFORMATION ON ASYMMETRIC CAPABILITIES IN
ANNUAL REPORT ON MILITARY POWER OF THE PEOPLE'S
REPUBLIC OF CHINA.
Section 1202(b) of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 10 U.S.C. 113 note) is
amended by adding at the end the following new paragraph:
``(9) Developments in China's asymmetric
capabilities, including efforts to acquire, develop,
and deploy cyberwarfare capabilities.''.
SEC. 1264. REPORT ON APPLICATION OF THE UNIFORM CODE OF MILITARY
JUSTICE TO CIVILIANS ACCOMPANYING THE ARMED FORCES
DURING A TIME OF DECLARED WAR OR CONTINGENCY
OPERATION.
(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the status of
implementing paragraph (10) of section 802(a) of title 10,
United States Code (article 2(a) of the Uniform Code of
Military Justice), as amended by section 552 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364), related to the application of chapter 47 of such
title (the Uniform Code of Military Justice) to persons serving
with or accompanying an armed force in the field during a time
of declared war or contingency operation.
(b) Contents of Report.--The report required by subsection
(a) shall include each of the following:
(1) A discussion of how the Secretary has resolved
issues related to establishing jurisdiction under such
chapter over persons referred to in paragraph (10) of
section 802(a) of title 10, United States Code (article
2(a) of the Uniform Code of Military Justice),
specifically with respect to persons under contract
with the Department of Defense or with other Federal
agencies.
(2) An identification of any outstanding issues
that remain to be resolved with respect to implementing
such paragraph and a timetable for resolving such
issues.
(3) A description of key implementing steps that
have been taken or remain to be taken to assert
jurisdiction under chapter 47 of such title over such
persons.
(4) An explanation of the Secretary's approach to
identifying factors that commanders should consider in
determining whether to seek prosecution of such a
person under such chapter or under chapter 212 of title
18, United States Code.
SEC. 1265. REPORT ON FAMILY REUNIONS BETWEEN UNITED STATES CITIZENS AND
THEIR RELATIVES IN NORTH KOREA.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the President shall transmit
to Congress a report on family reunions between United States
citizens and their relatives in the Democratic People's
Republic of Korea.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) A description of the efforts, if any, of the
United States Government to facilitate family reunions
between United States citizens and their relatives in
North Korea, including the following:
(A) Discussing with North Korea family
reunions between United States citizens and
their relatives in North Korea.
(B) Planning, in the event of a
normalization of relations between the United
States and North Korea, for the appropriate
role of the United States embassy in Pyongyang,
North Korea, in facilitating family reunions
between United States citizens and their
relatives in North Korea.
(2) A description of additional efforts, if any, of
the United States Government to facilitate family
reunions between United States citizens and their
relatives in North Korea that the President considers
to be desirable and feasible.
SEC. 1266. REPORTS ON PREVENTION OF MASS ATROCITIES.
(a) Department of State Report.--
(1) Report required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
State shall submit to the congressional defense
committees, the Committee on Foreign Relations of the
Senate, and the Committee on Foreign Affairs of the
House of Representatives a report assessing the
capability of the Department of State to provide
training and guidance to the command of an
international intervention force that seeks to prevent
mass atrocities.
(2) Content.--The report required under paragraph
(1) shall include the following:
(A) An evaluation of any doctrine currently
used by the Secretary of State to prepare for
the training and guidance of the command of an
international intervention force.
(B) An assessment of the role played by the
United States in developing the
``responsibility to protect'' doctrine
described in paragraphs 138 through 140 of the
outcome document of the High-level Plenary
Meeting of the General Assembly adopted by the
United Nations in September 2005, and an update
on actions taken by the United States Mission
to the United Nations to discuss, promote, and
implement such doctrine.
(C) An assessment of the potential
capability of the Department of State and other
Federal departments and agencies to support the
development of new doctrines for the training
and guidance of an international intervention
force in keeping with the ``responsibility to
protect'' doctrine.
(D) Recommendations as to the steps
necessary to allow the Secretary of State to
provide more effective training and guidance to
an international intervention force.
(b) Department of Defense Report.--
(1) Report required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees, the Committee on Foreign Relations of the
Senate, and the Committee on Foreign Affairs of the
House of Representatives a report assessing the
capability of the Department of Defense to provide
training and guidance to the command of an
international intervention force that seeks to prevent
mass atrocities.
(2) Content.--The report required under paragraph
(1) shall include the following:
(A) An evaluation of any doctrine currently
used by the Secretary of Defense to prepare for
the training and guidance of the command of an
international intervention force.
(B) An assessment of the potential
capability of the Department of Defense and
other Federal departments and agencies to
support the development of new doctrines for
the training and guidance of an international
intervention force in keeping with the
``responsibility to protect'' doctrine.
(C) Recommendations as to the steps
necessary to allow the Secretary of Defense to
provide more effective training and guidance to
an international intervention force.
(D) A summary of any assessments or studies
of the Department of Defense or other Federal
departments or agencies relating to ``Operation
Artemis'', the 2004 French military deployment
and intervention in the eastern region of the
Democratic Republic of Congo to protect
civilians from local warring factions.
(c) International Intervention Force.--For the purposes of
this section, ``international intervention force'' means a
military force that--
(1) is authorized by the United Nations; and
(2) has a mission that is narrowly focused on the
protection of civilian life and the prevention of mass
atrocities such as genocide.
SEC. 1267. REPORT ON THREATS TO THE UNITED STATES FROM UNGOVERNED
AREAS.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense and
the Secretary of State, in coordination with the Director of
National Intelligence, shall jointly submit to the specified
congressional committees a report on the threats posed to the
United States from ungoverned areas, including the threats to
the United States from terrorist groups and individuals located
in such areas who direct their activities against the national
security interests of the United States and its allies.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) A description of those areas the United States
Government considers ungoverned, including--
(A) a description of the geo-political and
cultural influences exerted within such areas
and by whom;
(B) a description of the economic
conditions and prospects and the major social
dynamics of such areas; and
(C) a description of the United States
Government's relationships with entities
located in such areas, including with relevant
national or other governments and relevant
tribal or other groups.
(2) A description of the capabilities required by
the United States Government to support United States
policy aimed at managing the threats described in
subsection (a), including, specifically, the technical,
linguistic, and analytical capabilities required by the
Department of Defense and the Department of State.
(3) An assessment of the extent to which the
Department of Defense and the Department of State
possess the capabilities described in paragraph (2) as
well as the necessary resources and organization to
support United States policy aimed at managing the
threats described in subsection (a).
(4) A description of the extent to which the
implementation of Department of Defense Directive
3000.05, entitled ``Military Support for Stability,
Security, Transition, and Reconstruction Operations'',
will support United States policy for managing such
threats.
(5) A description of the actions, if any, to be
taken to improve the capabilities of the Department of
Defense and the Department of State described in
paragraph (2), and the schedule for implementing any
actions so described.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, to the maximum extent
practicable, but may contain a classified annex, if necessary.
(d) Definition.--In this section, the term ``specified
congressional committees'' means--
(1) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Specification of Cooperative Threat Reduction programs in
states outside the former Soviet Union.
Sec. 1304. Repeal of restrictions on assistance to states of the former
Soviet Union for Cooperative Threat Reduction.
Sec. 1305. Modification of authority to use Cooperative Threat Reduction
funds outside the former Soviet Union.
Sec. 1306. New initiatives for the Cooperative Threat Reduction Program.
Sec. 1307. Report relating to chemical weapons destruction at
Shchuch'ye, Russia.
Sec. 1308. National Academy of Sciences study of prevention of
proliferation of biological weapons.
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 (50 U.S.C. 2362 note),
as amended by section 1303 of this Act.
(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.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $428,048,000
authorized to be appropriated to the Department of Defense for
fiscal year 2008 in section 301(19) for Cooperative Threat
Reduction programs, the following amounts may be obligated for
the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $92,885,000.
(2) For nuclear weapons storage security in Russia,
$47,640,000.
(3) For nuclear weapons transportation security in
Russia, $37,700,000.
(4) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$47,986,000.
(5) For biological weapons proliferation prevention
in the former Soviet Union, $158,489,000.
(6) For chemical weapons destruction, $6,000,000.
(7) For defense and military contacts, $8,000,000.
(8) For new Cooperative Threat Reduction
initiatives that are outside the former Soviet Union,
$10,000,000.
(9) For activities designated as Other Assessments/
Administrative Support, $19,348,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2008 Cooperative Threat 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.
(c) Limited Authority To Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any
case in which the Secretary of Defense determines that
it is 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.
(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--
(A) the Secretary submits to Congress
notification of the intent to do so together
with a complete discussion of the justification
for doing so; and
(B) 15 days have elapsed following the date
of the notification.
SEC. 1303. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS IN
STATES OUTSIDE THE FORMER SOVIET UNION.
Section 1501 of the National Defense Authorization Act for
Fiscal Year 1997 (50 U.S.C. 2362 note) is amended--
(1) in subsection (a), by striking ``subsection
(b)'' and inserting ``subsections (b) and (c)''; and
(2) by adding at the end the following new
subsection:
``(c) Specified Programs With Respect to States Outside the
Former Soviet Union.--The programs referred to in subsection
(a) are the following programs with respect to states that are
not states of the former Soviet Union:
``(1) Programs to facilitate the elimination, and
the safe and secure transportation and storage, of
chemical or biological weapons, weapons components,
weapons-related materials, and their delivery vehicles.
``(2) Programs to facilitate safe and secure
transportation and storage of nuclear weapons, weapons
components, and their delivery vehicles.
``(3) Programs to prevent the proliferation of
nuclear and chemical weapons, weapons components, and
weapons-related military technology and expertise.
``(4) Programs to prevent the proliferation of
biological weapons, weapons components, and weapons-
related military technology and expertise, which may
include activities that facilitate detection and
reporting of highly pathogenic diseases or other
diseases that are associated with or that could be
utilized as an early warning mechanism for disease
outbreaks that could impact the Armed Forces of the
United States or allies of the United States.
``(5) Programs to expand military-to-military and
defense contacts.''.
SEC. 1304. REPEAL OF RESTRICTIONS ON ASSISTANCE TO STATES OF THE FORMER
SOVIET UNION FOR COOPERATIVE THREAT REDUCTION.
(a) In General.--
(1) Soviet nuclear threat reduction act of 1991.--
The Soviet Nuclear Threat Reduction Act of 1991 (title
II of Public Law 102-228; 22 U.S.C. 2551 note) is
amended--
(A) by striking section 211; and
(B) in section 212, by striking ``,
consistent with the findings stated in section
211,''.
(2) Cooperative threat reduction act of 1993.--
Section 1203 of the Cooperative Threat Reduction Act of
1993 (22 U.S.C. 5952) is amended by striking subsection
(d).
(3) Russian chemical weapons destruction
facilities.--Section 1305 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-
65; 22 U.S.C. 5952 note) is repealed.
(4) Conforming repeal.--Section 1303 of the Ronald
W. Reagan National Defense Authorization Act for Fiscal
Year 2005 (Public Law 108-375; 22 U.S.C. 5952 note) is
repealed.
(b) Inapplicability of Other Restrictions.--Section 502 of
the Freedom for Russia and Emerging Eurasian Democracies and
Open Markets Support Act of 1992 (22 U.S.C. 5852) shall not
apply to any Cooperative Threat Reduction program.
SEC. 1305. MODIFICATION OF AUTHORITY TO USE COOPERATIVE THREAT
REDUCTION FUNDS OUTSIDE THE FORMER SOVIET UNION.
Section 1308 of the National Defense Authorization Act for
Fiscal Year 2004 (22 U.S.C. 5963) is amended--
(1) in subsection (a), by striking ``Subject to''
and all that follows through ``the following:'' and
inserting ``Subject to the provisions of this section,
the Secretary of Defense may obligate and expend
Cooperative Threat Reduction funds for a fiscal year,
and any Cooperative Threat Reduction funds for a fiscal
year before such fiscal year that remain available for
obligation, for a proliferation threat reduction
project or activity outside the states of the former
Soviet Union if the Secretary of Defense, with the
concurrence of the Secretary of State, determines each
of the following:'';
(2) by striking subsection (c) and redesignating
subsections (d) and (e) as (c) and (d), respectively;
and
(3) by amending subsection (c) (as so redesignated)
to read as follows:
``(c) Limitation on Availability of Funds.--
``(1) The Secretary of Defense may not obligate
funds for a project or activity under the authority in
subsection (a) of this section until the Secretary of
Defense, with the concurrence of the Secretary of
State, makes each determination specified in that
subsection with respect to such project or activity.
``(2) Not later than 10 days after obligating funds
under the authority in subsection (a) of this section
for a project or activity, the Secretary of Defense and
the Secretary of State shall notify Congress in writing
of the determinations made under paragraph (1) with
respect to such project or activity, together with--
``(A) a justification for such
determinations; and
``(B) a description of the scope and
duration of such project or activity.''.
SEC. 1306. NEW INITIATIVES FOR THE COOPERATIVE THREAT REDUCTION
PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense Cooperative Threat
Reduction (CTR) Program should be strengthened and
expanded, in part by developing new CTR initiatives;
(2) such new initiatives should--
(A) be well-coordinated with the Department
of Energy, the Department of State, and any
other relevant United States Government agency
or department;
(B) include appropriate transparency and
accountability mechanisms, and legal frameworks
and agreements between the United States and
CTR partner countries;
(C) reflect engagement with non-
governmental experts on possible new options
for the CTR Program;
(D) include work with the Russian
Federation and other countries to establish
strong CTR partnerships that, among other
things--
(i) increase the role of scientists
and government officials of CTR partner
countries in designing CTR programs and
projects; and
(ii) increase financial
contributions and additional
commitments to CTR programs and
projects from Russia and other partner
countries, as appropriate, as evidence
that the programs and projects reflect
national priorities and will be
sustainable;
(E) include broader international
cooperation and partnerships, and increased
international contributions;
(F) incorporate a strong focus on national
programs and sustainability, which includes
actions to address concerns raised and
recommendations made by the Government
Accountability Office, in its report of
February 2007 titled ``Progress Made in
Improving Security at Russian Nuclear Sites,
but the Long-Term Sustainability of U.S. Funded
Security Upgrades is Uncertain'', which pertain
to the Department of Defense;
(G) continue to focus on the development of
CTR programs and projects that secure nuclear
weapons; secure and eliminate chemical and
biological weapons and weapons-related
materials; and eliminate nuclear, chemical, and
biological weapons-related delivery vehicles
and infrastructure at the source; and
(H) include efforts to develop new CTR
programs and projects in Russia and the former
Soviet Union, and in countries and regions
outside the former Soviet Union, as appropriate
and in the interest of United States national
security; and
(3) such new initiatives could include--
(A) programs and projects in Asia and the
Middle East; and
(B) activities relating to the
denuclearization of the Democratic People's
Republic of Korea.
(b) National Academy of Sciences Study.--
(1) Study.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense
shall enter into an arrangement with the National
Academy of Sciences under which the Academy shall carry
out a study to analyze options for strengthening and
expanding the CTR Program.
(2) Matters to be included in study.--The Secretary
shall provide for the study under paragraph (1) to
include--
(A) an assessment of new CTR initiatives
described in subsection (a); and
(B) an identification of options and
recommendations for strengthening and expanding
the CTR Program.
(3) Submission of national academy of sciences
report.--The National Academy of Sciences shall submit
to Congress a report on the study under this subsection
at the same time that such report is submitted to the
Secretary of Defense pursuant to subsection (c).
(c) Secretary of Defense Report.--
(1) In general.--Not later than 90 days after
receipt of the report under subsection (b), the
Secretary of Defense shall submit to Congress a report
on new CTR initiatives. The report shall include--
(A) a summary of the results of the study
carried out under subsection (b);
(B) an assessment by the Secretary of the
study; and
(C) a statement of the actions, if any, to
be undertaken by the Secretary to implement any
recommendations in the study.
(2) Form.--The report shall be in unclassified form
but may include a classified annex if necessary.
(d) Funding.--Of the amounts appropriated pursuant to the
authorization of appropriations in section 301(19) or otherwise
made available for Cooperative Threat Reduction programs for
fiscal year 2008, not more than $1,000,000 shall be obligated
or expended to carry out this section.
SEC. 1307. REPORT RELATING TO CHEMICAL WEAPONS DESTRUCTION AT
SHCHUCH'YE, RUSSIA.
(a) Definition.--In this section, the terms ``Shchuch'ye
project'' and ``project'' mean the Cooperative Threat Reduction
Program chemical weapons destruction project located in the
area of Shchuch'ye in the Russian Federation.
(b) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on the
Shchuch'ye project. The report shall include--
(1) a current and detailed cost estimate for
completion of the project, to include costs that will
be borne by the United States and Russia, respectively;
and
(2) a specific strategic and operating plan for
completion of the project, which includes--
(A) the Department's plans to ensure robust
project management and oversight, including
management and oversight with respect to the
performance of any contractors;
(B) project quality assurance and
sustainability measures;
(C) metrics for measuring project progress
with a timetable for achieving goals, including
initial systems integration and start-up
testing; and
(D) a projected project completion date.
SEC. 1308. NATIONAL ACADEMY OF SCIENCES STUDY OF PREVENTION OF
PROLIFERATION OF BIOLOGICAL WEAPONS.
(a) Study Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
enter into an arrangement with the National Academy of Sciences
under which the Academy shall carry out a study to identify
areas for cooperation with states other than states of the
former Soviet Union under the Cooperative Threat Reduction
Program of the Department of Defense in the prevention of
proliferation of biological weapons.
(b) Matters To Be Included in Study.--The Secretary shall
provide for the study under subsection (a) to include the
following:
(1) An assessment of the capabilities and capacity
of 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.
(2) An assessment of the approaches to cooperative
threat reduction used by the states of the former
Soviet Union that are of special relevance in
preventing the proliferation of biological weapons in
other areas of the world.
(3) A brief review of programs of the United States
Government and other governments, international
organizations, foundations, and other private sector
entities that may contribute to the prevention of the
proliferation of biological weapons.
(4) Recommendations on steps for integrating
activities of the Cooperative Threat Reduction Program
relating to biological weapons proliferation prevention
with activities of other departments and agencies of
the United States, as appropriate, in states outside of
the former Soviet Union.
(c) Submission of National Academy of Sciences Report.--The
National Academy of Sciences shall submit to Congress a report
on the study under subsection (a) at the same time that such
report is submitted to the Secretary of Defense pursuant to
subsection (d).
(d) Secretary of Defense Report.--
(1) In general.--Not later than 90 days after
receipt of the report required by subsection (a), the
Secretary shall submit to the Congress a report on the
study carried out under subsection (a).
(2) Matters to be included.--The report under
paragraph (1) shall include the following:
(A) A summary of the results of the study
carried out under subsection (a).
(B) An assessment by the Secretary of the
study.
(C) A statement of the actions, if any, to
be undertaken by the Secretary to implement any
recommendations in the study.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a
classified annex.
(e) Funding.--Of the amounts appropriated pursuant to the
authorization of appropriations in section 301(19) or otherwise
made available for Cooperative Threat Reduction programs for
fiscal year 2008, not more than $1,000,000 may be obligated or
expended to carry out this section.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Defense Health Program.
Sec. 1404. Chemical agents and munitions destruction, Defense.
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1406. Defense Inspector General.
Subtitle B--National Defense Stockpile
Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revisions to required receipt objectives for previously
authorized disposals from the National Defense Stockpile.
Sec. 1413. Disposal of ferromanganese.
Sec. 1414. Disposal of chrome metal.
Subtitle C--Armed Forces Retirement Home
Sec. 1421. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1422. Administration and oversight of the Armed Forces Retirement
Home.
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for providing capital
for working capital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds,
$102,446,000.
(2) For the Defense Working Capital Fund, Defense
Commissary, $1,250,300,000.
SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for the National Defense Sealift Fund in the amount
of $1,349,094,000.
SEC. 1403. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2008 for expenses, not
otherwise provided for, for the Defense Health Program, in the
amount of $23,080,384,000, of which--
(1) $22,583,641,000 is for Operation and
Maintenance;
(2) $134,482,000 is for Research, Development,
Test, and Evaluation; and
(3) $362,261,000 is for Procurement.
SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense for
fiscal year 2008 for expenses, not otherwise provided for, for
Chemical Agents and Munitions Destruction, Defense, in the
amount of $1,512,724,000, of which--
(1) $1,181,500,000 is for Operation and
Maintenance;
(2) $312,800,000 is for Research, Development,
Test, and Evaluation; and
(3) $18,424,000 is for Procurement.
(b) Use.--Amounts authorized to be appropriated under
subsection (a) are authorized for--
(1) the destruction of lethal chemical agents and
munitions in accordance with section 1412 of the
Department of Defense Authorization Act, 1986 (50
U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of
the United States that is not covered by section 1412
of such Act.
SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
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 $938,022,000.
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--
(1) $224,995,000 is for Operation and Maintenance;
and
(2) $1,000,000 is for Procurement.
Subtitle B--National Defense Stockpile
SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year
2008, the National Defense Stockpile Manager may obligate up to
$44,825,000 of the funds in the National Defense Stockpile
Transaction Fund established under subsection (a) of section 9
of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98h) for the authorized uses of such funds under
subsection (b)(2) of such section, including the disposal of
hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile
Manager may obligate amounts in excess of the amount specified
in subsection (a) if the National Defense Stockpile Manager
notifies Congress that extraordinary or emergency conditions
necessitate the additional obligations. The National Defense
Stockpile Manager may make the additional obligations described
in the notification after the end of the 45-day period
beginning on the date on which Congress receives the
notification.
(c) Limitations.--The authorities provided by this section
shall be subject to such limitations as may be provided in
appropriations Acts.
SEC. 1412. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR PREVIOUSLY
AUTHORIZED DISPOSALS FROM THE NATIONAL DEFENSE
STOCKPILE.
(a) Fiscal Year 2000 Disposal Authority.--Section 3402(b)
of the National Defense Authorization Act for Fiscal Year 2000
(50 U.S.C. 98d note), as amended by section 3302 of the
National Defense Authorization Act for Fiscal Year 2004 (Public
Law 108-136; 117 Stat. 1788) and section 3302 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 119 Stat. 3545), is amended by striking ``$600,000,000
before'' in paragraph (5) and inserting ``$710,000,000 by''.
(b) Fiscal Year 1999 Disposal Authority.--Section 3303(a)
of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 98d note), as
amended by section 3302 of the Ronald W. Reagan National
Defense Authorization Act for Year 2005 (Public Law 108-375;
118 Stat. 2193), section 3302 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3545), and section 3302(a) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 120 Stat. 2513), is amended by striking ``$1,016,000,000
by the end of fiscal year 2014'' in paragraph (7) and inserting
``$1,066,000,000 by the end of fiscal year 2015''.
SEC. 1413. DISPOSAL OF FERROMANGANESE.
(a) Disposal Authorized.--The Secretary of Defense may
dispose of up to 50,000 tons of ferromanganese from the
National Defense Stockpile during fiscal year 2008.
(b) Contingent Authority for Additional Disposal.--
(1) In general.--If the Secretary of Defense enters
into a contract for the disposal of the total quantity
of ferromanganese authorized for disposal by subsection
(a) before September 30, 2008, the Secretary of Defense
may dispose of up to an additional 25,000 tons of
ferromanganese from the National Defense Stockpile
before that date.
(2) Additional amounts.--If the Secretary enters
into a contract for the disposal of the total quantity
of additional ferromanganese authorized for disposal by
paragraph (1) before September 30, 2008, the Secretary
may dispose of up to an additional 25,000 tons of
ferromanganese from the National Defense Stockpile
before that date.
(c) Certification.--The Secretary of Defense may dispose of
ferromanganese under the authority of paragraph (1) or (2) of
subsection (b) only if the Secretary submits to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives, written certification
that--
(1) the disposal of the additional ferromanganese
from the National Defense Stockpile under such
paragraph is in the interest of national defense;
(2) the disposal of the additional ferromanganese
under such paragraph will not cause disruption to the
usual markets of producers and processors of
ferromanganese in the United States; and
(3) the disposal of the additional ferromanganese
under such paragraph is consistent with the
requirements and purpose of the National Defense
Stockpile.
(d) National Defense Stockpile Defined.--In this section,
the term ``National Defense Stockpile'' means the stockpile
provided for in section 4 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98c).
SEC. 1414. 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.
(b) Contingent Authority for Additional Disposal.--
(1) In general.--If the Secretary of Defense
completes the disposal of the total quantity of chrome
metal authorized for disposal by subsection (a) before
September 30, 2008, the Secretary of Defense may
dispose of up to an additional 250 short tons of chrome
metal from the National Defense Stockpile before that
date.
(2) Additional amounts.--If the Secretary completes
the disposal of the total quantity of additional chrome
metal 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.
(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 to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives, not later than 30
days before the commencement of disposal under the applicable
paragraph, written certification that--
(1) the disposal of the additional chrome metal
from the National Defense Stockpile is in the interest
of national defense;
(2) the disposal of the additional chrome metal
will not cause disruption to the usual markets of
producers and processors of chrome metal in the United
States; and
(3) the disposal of the additional chrome metal is
consistent with the requirements and purpose of the
National Defense Stockpile.
(d) National Defense Stockpile Defined.--In this section,
the term ``National Defense Stockpile'' means the stockpile
provided for in section 4 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98c).
Subtitle C--Armed Forces Retirement Home
SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
HOME.
There is authorized to be appropriated for fiscal year 2008
from the Armed Forces Retirement Home Trust Fund the sum of
$61,624,000 for the operation of the Armed Forces Retirement
Home.
SEC. 1422. ADMINISTRATION AND OVERSIGHT OF THE ARMED FORCES RETIREMENT
HOME.
(a) Role of Secretary of Defense.--Section 1511 of the
Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411) is
amended--
(1) in subsection (d), by adding at the end the
following new paragraph:
``(3) The administration of the Retirement Home (including
administration for the provision of health care and medical
care for residents) shall remain under the direct authority,
control, and administration of the Secretary of Defense.''; and
(2) in subsection (h), by adding at the end the
following new sentence: ``The annual report shall
include an assessment of all aspects of each facility
of the Retirement Home, including the quality of care
at the facility.''.
(b) Accreditation.--Subsection (g) of section 1511 of the
Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411) is
amended to read as follows:
``(g) Accreditation.--The Chief Operating Officer shall
secure and maintain accreditation by a nationally recognized
civilian accrediting organization for each aspect of each
facility of the Retirement Home, including medical and dental
care, pharmacy, independent living, and assisted living and
nursing care.''.
(c) Spectrum of Care.--Section 1513(b) of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 413(b)) is amended by
inserting after the first sentence the following new sentence:
``The services provided residents of the Retirement Home shall
include appropriate nonacute medical and dental services,
pharmaceutical services, and transportation of residents, which
shall be provided at no cost to residents.''.
(d) Senior Medical Advisor for Retirement Home.--
(1) Designation and duties of senior medical
advisor.--The Armed Forces Retirement Home Act of 1991
is amended by inserting after section 1513 (24 U.S.C.
413) the following new section:
``SEC. 1513A. IMPROVED HEALTH CARE OVERSIGHT OF RETIREMENT HOME.
``(a) Designation of Senior Medical Advisor.--(1) The
Secretary of Defense shall designate the Deputy Director of the
TRICARE Management Activity to serve as the Senior Medical
Advisor for the Retirement Home.
``(2) The Deputy Director of the TRICARE Management
Activity shall serve as Senior Medical Advisor for the
Retirement Home in addition to performing all other duties and
responsibilities assigned to the Deputy Director of the TRICARE
Management Activity at the time of the designation under
paragraph (1) or afterward.
``(b) Responsibilities.--(1) The Senior Medical Advisor
shall provide advice to the Secretary of Defense, the Under
Secretary of Defense for Personnel and Readiness, and the Chief
Operating Officer regarding the direction and oversight of the
provision of medical, preventive mental health, and dental care
services at each facility of the Retirement Home.
``(2) The Senior Medical Advisor shall also provide advice
to the Local Board for a facility of the Retirement Home
regarding all medical and medical administrative matters of the
facility.
``(c) Duties.--In carrying out the responsibilities set
forth in subsection (b), the Senior Medical Advisor shall
perform the following duties:
``(1) Ensure the timely availability to residents
of the Retirement Home, at locations other than the
Retirement Home, of such acute medical, mental health,
and dental care as such resident may require that is
not available at the applicable facility of the
Retirement Home.
``(2) Ensure compliance by the facilities of the
Retirement Home with accreditation standards,
applicable health care standards of the Department of
Veterans Affairs, or any other applicable health care
standards and requirements (including requirements
identified in applicable reports of the Inspector
General of the Department of Defense).
``(3) Periodically visit and inspect the medical
facilities and medical operations of each facility of
the Retirement Home.
``(4) Periodically examine and audit the medical
records and administration of the Retirement Home.
``(5) Consult with the Local Board for each
facility of the Retirement Home not less frequently
than once each year.
``(d) Advisory Bodies.--In carrying out the
responsibilities set forth in subsection (b) and the duties set
forth in subsection (c), the Senior Medical Advisor may
establish and seek the advice of such advisory bodies as the
Senior Medical Advisor considers appropriate.''.
(2) Clerical amendment.--The table of contents in
section 1501(b) of the Armed Forces Retirement Home Act
of 1991 (24 U.S.C. 401 note) is amended by inserting
after the item relating to section 1513 the following
new item:
``1513A. Improved health care oversight of Retirement Home.''.
(e) Local Boards of Trustees.--
(1) Duties.--Subsection (b) of section 1516 of the
Armed Forces Retirement Home Act of 1991 (24 U.S.C.
416) is amended to read as follows:
``(b) Duties.--(1) The Local Board for a facility shall
serve in an advisory capacity to the Director of the facility
and to the Chief Operating Officer.
``(2) The Local Board for a facility shall provide to the
Chief Operating Officer and the Director of the facility such
guidance and recommendations on the administration of the
facility as the Local Board considers appropriate.
``(3) Not less often than annually, the Local Board for a
facility shall provide to the Under Secretary of Defense for
Personnel and Readiness an assessment of all aspects of the
facility, including the quality of care at the facility.''.
(2) Composition.--Subparagraph (K) of subsection
(c) of such section is amended to read as follows:
``(K) One senior representative of one of the chief
personnel officers of the Armed Forces, who shall be a
commissioned officer of the Armed Forces serving on
active duty in the grade of brigadier general, or in
the case of the Navy or Coast Guard, rear admiral
(lower half).''.
(f) Inspection of Retirement Home.--Section 1518 of the
Armed Forces Retirement Home Act of 1991 (24 U.S.C. 418) is
amended to read as follows:
``SEC. 1518. INSPECTION OF RETIREMENT HOME.
``(a) Duty of Inspector General of the Department of
Defense.--The Inspector General of the Department of Defense
shall have the duty to inspect the Retirement Home.
``(b) Inspections by Inspector General.--(1) In any year in
which a facility of the Retirement Home is not inspected by a
nationally recognized civilian accrediting organization, the
Inspector General of the Department of Defense shall perform a
comprehensive inspection of all aspects of that facility,
including independent living, assisted living, medical and
dental care, pharmacy, financial and contracting records, and
any aspect of either facility on which the Local Board for the
facility or the resident advisory committee or council of the
facility recommends inspection.
``(2) The Inspector General shall be assisted in
inspections under this subsection by a medical inspector
general of a military department designated for purposes of
this subsection by the Secretary of Defense.
``(3) In conducting the inspection of a facility of the
Retirement Home under this subsection, the Inspector General
shall solicit concerns, observations, and recommendations from
the Local Board for the facility, the resident advisory
committee or council of the facility, and the residents of the
facility. Any concerns, observations, and recommendations
solicited from residents shall be solicited on a not-for-
attribution basis.
``(4) The Chief Operating Officer and the Director of each
facility of the Retirement Home shall make all staff, other
personnel, and records of each facility available to the
Inspector General in a timely manner for purposes of
inspections under this subsection.
``(c) Reports on Inspections by Inspector General.--(1) The
Inspector General shall prepare a report describing the results
of each inspection conducted of a facility of the Retirement
Home under subsection (b), and include in the report such
recommendations as the Inspector General considers appropriate
in light of the inspection. Not later than 45 days after
completing the inspection of the facility, the Inspector
General shall submit the report to Congress and the Secretary
of Defense, the Under Secretary of Defense for Personnel and
Readiness, the Chief Operating Officer, the Director of the
facility, the Senior Medical Advisor, and the Local Board for
the facility.
``(2) Not later than 45 days after receiving a report of
the Inspector General under paragraph (1), the Director of the
facility concerned shall submit the Secretary of Defense, the
Under Secretary of Defense for Personnel and Readiness, the
Chief Operating Officer, and the Local Board for the facility,
and to Congress, a plan to address the recommendations and
other matters set forth in the report.
``(d) Additional Inspections.--(1) The Chief Operating
Officer shall request the inspection of each facility of the
Retirement Home by a nationally recognized civilian accrediting
organization in accordance with section 1511(g).
``(2) The Chief Operating Officer and the Director of a
facility being inspected under this subsection shall make all
staff, other personnel, and records of the facility available
to the civilian accrediting organization in a timely manner for
purposes of inspections under this subsection.
``(e) Reports on Additional Inspections.--(1) Not later
than 45 days after receiving a report of an inspection from the
civilian accrediting organization under subsection (d), the
Director of the facility concerned shall submit to the Under
Secretary of Defense for Personnel and Readiness, the Chief
Operating Officer, and the Local Board for the facility a
report containing--
``(A) the results of the inspection; and
``(B) a plan to address any recommendations and
other matters set forth in the report.
``(2) Not later than 45 days after receiving a report and
plan under paragraph (1), the Secretary of Defense shall submit
the report and plan to Congress.''.
(g) Armed Forces Retirement Home Trust Fund.--Section 1519
of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 419)
is amended by adding at the end the following new subsection:
``(d) Reporting Requirements.--The Chief Financial Officer
of the Armed Forces Retirement Home shall comply with the
reporting requirements of subchapter II of chapter 35 of title
31, United States Code.''.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION
IRAQI FREEDOM AND OPERATION ENDURING FREEDOM
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Air Force procurement.
Sec. 1505. Joint Improvised Explosive Device Defeat Fund.
Sec. 1506. Defense-wide activities procurement.
Sec. 1507. Research, development, test, and evaluation.
Sec. 1508. Operation and maintenance.
Sec. 1509. Working capital funds.
Sec. 1510. Other Department of Defense programs.
Sec. 1511. Iraq Freedom Fund.
Sec. 1512. Iraq Security Forces Fund.
Sec. 1513. Afghanistan Security Forces Fund.
Sec. 1514. Military personnel.
Sec. 1515. Strategic Readiness Fund.
Sec. 1516. Treatment as additional authorizations.
Sec. 1517. Special transfer authority.
SEC. 1501. PURPOSE.
The purpose of this title is to authorize appropriations
for the Department of Defense for fiscal year 2008 to provide
additional funds for Operation Iraqi Freedom and Operation
Enduring Freedom.
SEC. 1502. ARMY PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for procurement accounts of the Army in amounts as
follows:
(1) For aircraft procurement, $2,086,864,000.
(2) For ammunition procurement, $513,600,000.
(3) For weapons and tracked combat vehicles
procurement, $7,289,697,000.
(4) For missile procurement, $641,764,000.
(5) For other procurement, $32,478,568,000.
SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.
(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2008 for procurement accounts for the Navy in
amounts as follows:
(1) For aircraft procurement, $3,908,458,000.
(2) For weapons procurement, $318,281,000.
(3) For other procurement, $1,870,597,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2008 for the procurement account
for the Marine Corps in the amount of $5,519,740,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for fiscal year 2008 for the
procurement account for ammunition for the Navy and the Marine
Corps in the amount of $609,890,000.
SEC. 1504. AIR FORCE PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for procurement accounts for the Air Force in amounts
as follows:
(1) For aircraft procurement, $5,828,239,000.
(2) For ammunition procurement, $104,405,000.
(3) For missile procurement, $1,800,000.
(4) For other procurement, $4,528,126,000.
SEC. 1505. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
(a) Authorization of Appropriations.--Funds are hereby
authorized for fiscal year 2008 for the Joint Improvised
Explosive Device Defeat Fund in the amount of $4,541,000,000.
(b) Use and Transfer of Funds.--Subsections (b) and (c) of
section 1514 of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2439)
shall apply to the funds appropriated pursuant to the
authorization of appropriations in subsection (a).
(c) Revision of Management Plan.--The Secretary of Defense
shall revise the management plan required by section 1514(d) of
the John Warner National Defense Authorization Act for Fiscal
Year 2007 to identify projected transfers and obligations
through September 30, 2008.
(d) Duration of Authority.--Section 1514(f) of the John
Warner National Defense Authorization Act for Fiscal Year 2007
is amended by striking ``September 30, 2009'' and inserting
``September 30, 2010''.
SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for the procurement account for Defense-wide in the
amount of $768,157,000.
SEC. 1507. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $183,299,000.
(2) For the Navy, $695,996,000.
(3) For the Air Force, $1,457,710,000.
(4) For Defense-wide activities, $1,320,088,000.
SEC. 1508. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for the use of the Armed Forces for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1) For the Army, $54,929,551,000.
(2) For the Navy, $6,249,793,000.
(3) For the Marine Corps, $4,674,688,000.
(4) For the Air Force, $10,798,473,000.
(5) For Defense-wide activities, $6,424,085,000.
(6) For the Army Reserve, $196,694,000.
(7) For the Navy Reserve, $83,407,000.
(8) For the Marine Corps Reserve, $68,193,000.
(9) For the Army National Guard, $757,008,000.
(10) For the Air Force Reserve, $24,266,000.
(11) For the Air National Guard, $103,267,000.
SEC. 1509. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for providing capital
for working capital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds,
$1,957,675,000.
(2) For the National Defense Sealift Fund,
$5,110,000.
SEC. 1510. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) Defense Health Program.--Funds are hereby authorized to
be appropriated for the Department of Defense for fiscal year
2008 for expenses, not otherwise provided for, for the Defense
Health Program in the amount of $1,137,442,000 for operation
and maintenance.
(b) Drug Interdiction and Counter-Drug Activities, Defense-
Wide.--Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2008 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-Drug
Activities, Defense-wide in the amount of $257,618,000.
(c) Defense Inspector General.--Funds are hereby 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 $4,394,000 for operation and maintenance.
SEC. 1511. 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 $207,500,000.
(b) Transfer.--
(1) Transfer authorized.--Subject to paragraph (2),
amounts authorized to be appropriated by subsection (a)
may be transferred from the Iraq Freedom Fund to any
accounts as follows:
(A) Operation and maintenance accounts of
the Armed Forces.
(B) Military personnel accounts.
(C) Research, development, test, and
evaluation accounts of the Department of
Defense.
(D) Procurement accounts of the Department
of Defense.
(E) Accounts providing funding for
classified programs.
(F) The operating expenses account of the
Coast Guard.
(2) Notice to congress.--A transfer may not be made
under the authority in paragraph (1) until five days
after the date on which the Secretary of Defense
notifies the congressional defense committees in
writing of the transfer.
(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.
(4) Effect on authorization amounts.--A transfer of
an amount to an account under the authority in
paragraph (1) shall be deemed to increase the amount
authorized for such account by an amount equal to the
amount transferred.
SEC. 1512. IRAQ SECURITY FORCES FUND.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal year 2008 for the Iraq
Security Forces Fund in the amount of $3,000,000,000.
(b) Use of Funds.--
(1) In general.--Funds appropriated pursuant to
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.
(2) Types of assistance authorized.--Assistance
provided under this section may include the provision
of equipment, supplies, services, training, facility
and infrastructure repair, renovation, construction,
and funding.
(3) Secretary of state concurrence.--Assistance may
be provided under this section only with the
concurrence of the Secretary of State.
(c) Authority in Addition to Other Authorities.--The
authority to provide assistance under this section is in
addition to any other authority to provide assistance to
foreign nations.
(d) Transfer Authority.--
(1) Transfers authorized.--Subject to paragraph
(2), amounts authorized to be appropriated by
subsection (a) may be transferred from the Iraq
Security Forces Fund to any of the following accounts
and funds of the Department of Defense to accomplish
the purposes provided in subsection (b):
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(C) Procurement accounts.
(D) Research, development, test, and
evaluation accounts.
(E) Defense working capital funds.
(F) Overseas Humanitarian, Disaster, and
Civic Aid account.
(2) Additional authority.--The transfer authority
provided by paragraph (1) is in addition to any other
transfer authority available to the Department of
Defense.
(3) Transfers back to the fund.--Upon determination
that all or part of the funds transferred from the Iraq
Security Forces Fund under paragraph (1) are not
necessary for the purpose provided, such funds may be
transferred back to the Iraq Security Forces Fund.
(4) Effect on authorization amounts.--A transfer of
an amount to an account under the authority in
paragraph (1) shall be deemed to increase the amount
authorized for such account by an amount equal to the
amount transferred.
(e) Notice to Congress.--Funds may not be obligated from
the Iraq Security Forces Fund, or transferred under the
authority provided in subsection (d)(1), until five days after
the date on which the Secretary of Defense notifies the
congressional defense committees in writing of the details of
the proposed obligation or transfer.
(f) Contributions.--
(1) Authority to accept contributions.--Subject to
paragraph (2), the Secretary of Defense may accept
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.
(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.
(3) Use.--Amounts accepted under this subsection
shall be available for assistance authorized by
subsection (b), including transfer under subsection (d)
for that purpose.
(4) Notification.--The Secretary shall notify the
congressional defense committees, the Committee on
Foreign Relations of the Senate, and the Committee on
Foreign Affairs of the House of Representatives, in
writing, upon the acceptance, and upon the transfer
under subsection (d), of any contribution under this
subsection. Such notice shall specify the source and
amount of any amount so accepted and the use of any
amount so accepted.
(g) Quarterly Reports.--Not later than 30 days after the
end of each fiscal-year quarter, the Secretary of Defense shall
submit to the congressional defense committees a report
summarizing the details of any obligation or transfer of funds
from the Iraq Security Forces Fund during such fiscal-year
quarter.
(h) Duration of Authority.--Amounts authorized to be
appropriated or contributed to the Iraq Security Forces Fund
during fiscal year 2008 are available for obligation or
transfer from the Iraq Security Forces Fund in accordance with
this section until September 30, 2009.
SEC. 1513. AFGHANISTAN SECURITY FORCES FUND.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal year 2008 for the
Afghanistan Security Forces Fund in the amount of
$2,700,000,000.
(b) Use of Funds.--
(1) In general.--Funds authorized to be
appropriated by subsection (a) shall be available to
the Secretary of Defense to provide assistance to the
security forces of Afghanistan.
(2) Types of assistance authorized.--Assistance
provided under this section may include the provision
of equipment, supplies, services, training, facility
and infrastructure repair, renovation, construction,
and funds.
(3) Secretary of state concurrence.--Assistance may
be provided under this section only with the
concurrence of the Secretary of State.
(c) Authority in Addition to Other Authorities.--The
authority to provide assistance under this section is in
addition to any other authority to provide assistance to
foreign nations.
(d) Transfer Authority.--
(1) Transfers authorized.--Subject to paragraph
(2), amounts authorized to be appropriated by
subsection (a) may be transferred from the Afghanistan
Security Forces Fund to any of the following accounts
and funds of the Department of Defense to accomplish
the purposes provided in subsection (b):
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(C) Procurement accounts.
(D) Research, development, test, and
evaluation accounts.
(E) Defense working capital funds.
(F) Overseas Humanitarian, Disaster, and
Civic Aid.
(2) Additional authority.--The transfer authority
provided by paragraph (1) is in addition to any other
transfer authority available to the Department of
Defense.
(3) Transfers back to fund.--Upon a determination
that all or part of the funds transferred from the
Afghanistan 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.
(4) Effect on authorization amounts.--A transfer of
an amount to an account under the authority in
paragraph (1) shall be deemed to increase the amount
authorized for such account by an amount equal to the
amount transferred.
(e) Prior Notice to Congress of Obligation or Transfer.--
Funds may not be obligated from the Afghanistan Security Forces
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.
(f) Contributions.--
(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.
(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.
(3) Use.--Amounts accepted under this subsection
shall be available for assistance authorized by
subsection (b), including transfer under subsection (d)
for that purpose.
(4) Notification.--The Secretary shall notify the
congressional defense committees, the Committee on
Foreign Relations of the Senate, and the Committee on
Foreign Affairs of the House of Representatives, in
writing, upon the acceptance, and upon the transfer
under subsection (d), of any contribution under this
subsection. Such notice shall specify the source and
amount of any amount so accepted and the use of any
amount so accepted.
(g) Quarterly Reports.--Not later than 30 days after the
end of each fiscal-year quarter, the Secretary of Defense shall
submit to the congressional defense committees a report
summarizing the details of any obligation or transfer of funds
from the Afghanistan Security Forces Fund during such fiscal-
year quarter.
(h) Duration of Authority.--Amounts authorized to be
appropriated or contributed to the Afghanistan Security Forces
Fund during fiscal year 2008 are available for obligation or
transfer from the Afghanistan Security Forces Fund in
accordance with this section until September 30, 2009.
SEC. 1514. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel accounts for
fiscal year 2008 a total of $17,912,510,000.
SEC. 1515. STRATEGIC READINESS FUND.
There is authorized to be appropriated $1,000,000,000 to
the Strategic Readiness Fund.
SEC. 1516. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are
in addition to amounts otherwise authorized to be appropriated
by this Act.
SEC. 1517. SPECIAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary
of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts
of authorizations made available to the Department of
Defense in this title for fiscal year 2008 between any
such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for
the same purposes as the authorization to which
transferred.
(2) Limitation.--The total amount of authorizations
that the Secretary may transfer under the authority of
this section may not exceed $3,500,000,000.
(b) Terms and Conditions.--Transfers under this section
shall be subject to the same terms and conditions as transfers
under section 1001.
(c) Additional Authority.--The transfer authority provided
by this section is in addition to the transfer authority
provided under section 1001.
TITLE XVI--WOUNDED WARRIOR MATTERS
Sec. 1601. Short title.
Sec. 1602. General definitions.
Sec. 1603. Consideration of gender-specific needs of recovering service
members and veterans.
Subtitle A--Policy on Improvements to Care, Management, and Transition
of Recovering Service Members
Sec. 1611. Comprehensive policy on improvements to care, management, and
transition of recovering service members.
Sec. 1612. Medical evaluations and physical disability evaluations of
recovering service members.
Sec. 1613. Return of recovering service members to active duty in the
Armed Forces.
Sec. 1614. Transition of recovering service members from care and
treatment through the Department of Defense to care,
treatment, and rehabilitation through the Department of
Veterans Affairs.
Sec. 1615. Reports.
Sec. 1616. Establishment of a wounded warrior resource center.
Sec. 1617. Notification to Congress of hospitalization of combat wounded
service members.
Sec. 1618. Comprehensive plan on prevention, diagnosis, mitigation,
treatment, and rehabilitation of, and research on, traumatic
brain injury, post-traumatic stress disorder, and other mental
health conditions in members of the Armed Forces.
Subtitle B--Centers of Excellence in the Prevention, Diagnosis,
Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury,
Post-Traumatic Stress Disorder, and Eye Injuries
Sec. 1621. Center of excellence in the prevention, diagnosis,
mitigation, treatment, and rehabilitation of traumatic brain
injury.
Sec. 1622. Center of excellence in prevention, diagnosis, mitigation,
treatment, and rehabilitation of post-traumatic stress
disorder and other mental health conditions.
Sec. 1623. Center of excellence in prevention, diagnosis, mitigation,
treatment, and rehabilitation of military eye injuries.
Sec. 1624. Report on establishment of centers of excellence.
Subtitle C--Health Care Matters
Sec. 1631. Medical care and other benefits for members and former
members of the Armed Forces with severe injuries or illnesses.
Sec. 1632. Reimbursement of travel expenses of retired members with
combat-related disabilities for follow-on specialty care,
services, and supplies.
Sec. 1633. Respite care and other extended care benefits for members of
the uniformed services who incur a serious injury or illness
on active duty.
Sec. 1634. Reports.
Sec. 1635. Fully interoperable electronic personal health information
for the Department of Defense and Department of Veterans
Affairs.
Sec. 1636. Enhanced personnel authorities for the Department of Defense
for health care professionals for care and treatment of
wounded and injured members of the Armed Forces.
Sec. 1637. Continuation of transitional health benefits for members of
the Armed Forces pending resolution of service-related medical
conditions.
Subtitle D--Disability Matters
Sec. 1641. Utilization of veterans' presumption of sound condition in
establishing eligibility of members of the Armed Forces for
retirement for disability.
Sec. 1642. Requirements and limitations on Department of Defense
determinations of disability with respect to members of the
Armed Forces.
Sec. 1643. Review of separation of members of the Armed Forces separated
from service with a disability rating of 20 percent disabled
or less.
Sec. 1644. Authorization of pilot programs to improve the disability
evaluation system for members of the Armed Forces.
Sec. 1645. Reports on Army action plan in response to deficiencies in
the Army physical disability evaluation system.
Sec. 1646. Enhancement of disability severance pay for members of the
Armed Forces.
Sec. 1647. Assessments of continuing utility and future role of
temporary disability retired list.
Sec. 1648. Standards for military medical treatment facilities,
specialty medical care facilities, and military quarters
housing patients and annual report on such facilities.
Sec. 1649. Reports on Army Medical Action Plan in response to
deficiencies identified at Walter Reed Army Medical Center,
District of Columbia.
Sec. 1650. Required certifications in connection with closure of Walter
Reed Army Medical Center, District of Columbia.
Sec. 1651. Handbook for members of the Armed Forces on compensation and
benefits available for serious injuries and illnesses.
Subtitle E--Studies and Reports
Sec. 1661. Study on physical and mental health and other readjustment
needs of members and former members of the Armed Forces who
deployed in Operation Iraqi Freedom and Operation Enduring
Freedom and their families.
Sec. 1662. Access of recovering service members to adequate outpatient
residential facilities.
Sec. 1663. Study and report on support services for families of
recovering service members.
Sec. 1664. Report on traumatic brain injury classifications.
Sec. 1665. Evaluation of the Polytrauma Liaison Officer/Non-Commissioned
Officer program.
Subtitle F--Other Matters
Sec. 1671. Prohibition on transfer of resources from medical care.
Sec. 1672. Medical care for families of members of the Armed Forces
recovering from serious injuries or illnesses.
Sec. 1673. Improvement of medical tracking system for members of the
Armed Forces deployed overseas.
Sec. 1674. Guaranteed funding for Walter Reed Army Medical Center,
District of Columbia.
Sec. 1675. Use of leave transfer program by wounded veterans who are
Federal employees.
Sec. 1676. Moratorium on conversion to contractor performance of
Department of Defense functions at military medical
facilities.
SEC. 1601. SHORT TITLE.
This title may be cited as the ``Wounded Warrior Act''.
SEC. 1602. GENERAL DEFINITIONS.
In this title:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committees on Armed Services,
Veterans' Affairs, and Appropriations of the
Senate; and
(B) the Committees on Armed Services,
Veterans' Affairs, and Appropriations of the
House of Representatives.
(2) Benefits delivery at discharge program.--The
term ``Benefits Delivery at Discharge Program'' means a
program administered jointly by the Secretary of
Defense and the Secretary of Veterans Affairs to
provide information and assistance on available
benefits and other transition assistance to members of
the Armed Forces who are separating from the Armed
Forces, including assistance to obtain any disability
benefits for which such members may be eligible.
(3) Disability evaluation system.--The term
``Disability Evaluation System'' means the following:
(A) A system or process of the Department
of Defense for evaluating the nature and extent
of disabilities affecting members of the Armed
Forces that is operated by the Secretaries of
the military departments and is comprised of
medical evaluation boards, physical evaluation
boards, counseling of members, and mechanisms
for the final disposition of disability
evaluations by appropriate personnel.
(B) A system or process of the Coast Guard
for evaluating the nature and extent of
disabilities affecting members of the Coast
Guard that is operated by the Secretary of
Homeland Security and is similar to the system
or process of the Department of Defense
described in subparagraph (A).
(4) Eligible family member.--The term ``eligible
family member'', with respect to a recovering service
member, means a family member (as defined in section
411h(b) of title 37, United States Code) who is on
invitational travel orders or serving as a non-medical
attendee while caring for the recovering service member
for more than 45 days during a one-year period.
(5) Medical care.--The term ``medical care''
includes mental health care.
(6) Outpatient status.--The term ``outpatient
status'', with respect to a recovering service member,
means the status of a recovering service member
assigned to--
(A) a military medical treatment facility
as an outpatient; or
(B) a unit established for the purpose of
providing command and control of members of the
Armed Forces receiving medical care as
outpatients.
(7) Recovering service member.--The term
``recovering service member'' means a member of the
Armed Forces, including a member of the National Guard
or a Reserve, who is undergoing medical treatment,
recuperation, or therapy and is in an outpatient status
while recovering from a serious injury or illness
related to the member's military service.
(8) Serious injury or illness.--The term ``serious
injury or illness'', in the case of a member of the
Armed Forces, means an injury or illness incurred by
the member in line of duty on active duty in the Armed
Forces that may render the member medically unfit to
perform the duties of the member's office, grade, rank,
or rating.
(9) TRICARE program.--The term ``TRICARE program''
has the meaning given that term in section 1072(7) of
title 10, United States Code.
SEC. 1603. CONSIDERATION OF GENDER-SPECIFIC NEEDS OF RECOVERING SERVICE
MEMBERS AND VETERANS.
(a) In General.--In developing and implementing the policy
required by section 1611(a), and in otherwise carrying out any
other provision of this title or any amendment made by this
title, the Secretary of Defense and the Secretary of Veterans
Affairs shall take into account and fully address any unique
gender-specific needs of recovering service members and
veterans under such policy or other provision.
(b) Reports.--In submitting any report required by this
title or an amendment made by this title, the Secretary of
Defense and the Secretary of Veterans Affairs shall, to the
extent applicable, include a description of the manner in which
the matters covered by such report address the unique gender-
specific needs of recovering service members and veterans.
Subtitle A--Policy on Improvements to Care, Management, and Transition
of Recovering Service Members
SEC. 1611. COMPREHENSIVE POLICY ON IMPROVEMENTS TO CARE, MANAGEMENT,
AND TRANSITION OF RECOVERING SERVICE MEMBERS.
(a) Comprehensive Policy Required.--
(1) In general.--Not later than July 1, 2008, the
Secretary of Defense and the Secretary of Veterans
Affairs shall, to the extent feasible, jointly develop
and implement a comprehensive policy on improvements to
the care, management, and transition of recovering
service members.
(2) Scope of policy.--The policy shall cover each
of the following:
(A) The care and management of recovering
service members.
(B) The medical evaluation and disability
evaluation of recovering service members.
(C) The return of service members who have
recovered to active duty when appropriate.
(D) The transition of recovering service
members from receipt of care and services
through the Department of Defense to receipt of
care and services through the Department of
Veterans Affairs.
(3) Consultation.--The Secretary of Defense and the
Secretary of Veterans Affairs shall develop the policy
in consultation with the heads of other appropriate
departments and agencies of the Federal Government and
with appropriate non-governmental organizations having
an expertise in matters relating to the policy.
(4) Update.--The Secretary of Defense and the
Secretary of Veterans Affairs shall jointly update the
policy on a periodic basis, but not less often than
annually, in order to incorporate in the policy, as
appropriate, the following:
(A) The results of the reviews required
under subsections (b) and (c).
(B) Best practices identified through pilot
programs carried out under this title.
(C) Improvements to matters under the
policy otherwise identified and agreed upon by
the Secretary of Defense and the Secretary of
Veterans Affairs.
(b) Review of Current Policies and Procedures.--
(1) Review required.--In developing the policy
required by subsection (a), the Secretary of Defense
and the Secretary of Veterans Affairs shall, to the
extent necessary, jointly and separately conduct a
review of all policies and procedures of the Department
of Defense and the Department of Veterans Affairs that
apply to, or shall be covered by, the policy.
(2) Purpose.--The purpose of the review shall be to
identify the most effective and patient-oriented
approaches to care and management of recovering service
members for purposes of--
(A) incorporating such approaches into the
policy; and
(B) extending such approaches, where
applicable, to the care and management of other
injured or ill members of the Armed Forces and
veterans.
(3) Elements.--In conducting the review, the
Secretary of Defense and the Secretary of Veterans
Affairs shall--
(A) identify among the policies and
procedures described in paragraph (1) best
practices in approaches to the care and
management of recovering service members;
(B) identify among such policies and
procedures existing and potential shortfalls in
the care and management of recovering service
members (including care and management of
recovering service members on the temporary
disability retired list), and determine means
of addressing any shortfalls so identified;
(C) determine potential modifications of
such policies and procedures in order to ensure
consistency and uniformity, where appropriate,
in the application of such policies and
procedures--
(i) among the military departments;
(ii) among the Veterans Integrated
Services Networks (VISNs) of the
Department of Veterans Affairs; and
(iii) between the military
departments and the Veterans Integrated
Services Networks; and
(D) develop recommendations for legislative
and administrative action necessary to
implement the results of the review.
(4) Deadline for completion.--The review shall be
completed not later than 90 days after the date of the
enactment of this Act.
(c) Consideration of Existing Findings, Recommendations,
and Practices.--In developing the policy required by subsection
(a), the Secretary of Defense and the Secretary of Veterans
Affairs shall take into account the following:
(1) The findings and recommendations of applicable
studies, reviews, reports, and evaluations that address
matters relating to the policy, including, but not
limited, to the following:
(A) The Independent Review Group on
Rehabilitative Care and Administrative
Processes at Walter Reed Army Medical Center
and National Naval Medical Center, appointed by
the Secretary of Defense.
(B) The Secretary of Veterans Affairs Task
Force on Returning Global War on Terror Heroes,
appointed by the President.
(C) The President's Commission on Care for
America's Returning Wounded Warriors.
(D) The Veterans' Disability Benefits
Commission established by title XV of the
National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1676;
38 U.S.C. 1101 note).
(E) The President's Task Force to Improve
Health Care Delivery for Our Nation's Veterans,
of March 2003.
(F) The Report of the Congressional
Commission on Servicemembers and Veterans
Transition Assistance, of 1999, chaired by
Anthony J. Principi.
(G) The President's Commission on Veterans'
Pensions, of 1956, chaired by General Omar N.
Bradley.
(2) The experience and best practices of the
Department of Defense and the military departments on
matters relating to the policy.
(3) The experience and best practices of the
Department of Veterans Affairs on matters relating to
the policy.
(4) Such other matters as the Secretary of Defense
and the Secretary of Veterans Affairs consider
appropriate.
(d) Training and Skills of Health Care Professionals,
Recovery Care Coordinators, Medical Care Case Managers, and
Non-Medical Care Managers for Recovering Service Members.--
(1) In general.--The policy required by subsection
(a) shall provide for uniform standards among the
military departments for the training and skills of
health care professionals, recovery care coordinators,
medical care case managers, and non-medical care
managers for recovering service members under
subsection (e) in order to ensure that such personnel
are able to--
(A) detect early warning signs of post-
traumatic stress disorder (PTSD), suicidal or
homicidal thoughts or behaviors, and other
behavioral health concerns among recovering
service members; and
(B) promptly notify appropriate health care
professionals following detection of such
signs.
(2) Tracking of notifications.--In providing for
uniform standards under paragraph (1), the policy shall
include a mechanism or system to track the number of
notifications made by recovery care coordinators,
medical care case managers, and non-medical care
managers to health care professionals under paragraph
(1)(A) regarding early warning signs of post-traumatic
stress disorder and suicide in recovering service
members.
(e) Services for Recovering Service Members.--The policy
required by subsection (a) shall provide for improvements as
follows with respect to the care, management, and transition of
recovering service members:
(1) Comprehensive recovery plan for recovering
service members.--The policy shall provide for uniform
standards and procedures for the development of a
comprehensive recovery plan for each recovering service
member that covers the full spectrum of care,
management, transition, and rehabilitation of the
service member during recovery.
(2) Recovery care coordinators for recovering
service members.--
(A) In general.--The policy shall provide
for a uniform program for the assignment to
recovering service members of recovery care
coordinators having the duties specified in
subparagraph (B).
(B) Duties.--The duties under the program
of a recovery care coordinator for a recovering
service member shall include, but not be
limited to, overseeing and assisting the
service member in the service member's course
through the entire spectrum of care,
management, transition, and rehabilitation
services available from the Federal Government,
including services provided by the Department
of Defense, the Department of Veterans Affairs,
the Department of Labor, and the Social
Security Administration.
(C) Limitation on number of service members
managed by coordinators.--The maximum number of
recovering service members whose cases may be
assigned to a recovery care coordinator under
the program at any one time shall be such
number as the policy shall specify, except that
the Secretary of the military department
concerned may waive such limitation with
respect to a given coordinator for not more
than 120 days in the event of unforeseen
circumstances (as specified in the policy).
(D) Training.--The policy shall specify
standard training requirements and curricula
for recovery care coordinators under the
program, including a requirement for successful
completion of the training program before a
person may assume the duties of such a
coordinator.
(E) Resources.--The policy shall include
mechanisms to ensure that recovery care
coordinators under the program have the
resources necessary to expeditiously carry out
the duties of such coordinators under the
program.
(F) Supervision.--The policy shall specify
requirements for the appropriate rank or grade,
and appropriate occupation, for persons
appointed to head and supervise recovery care
coordinators.
(3) Medical care case managers for recovering
service members.--
(A) In general.--The policy shall provide
for a uniform program among the military
departments for the assignment to recovering
service members of medical care case managers
having the duties specified in subparagraph
(B).
(B) Duties.--The duties under the program
of a medical care case manager for a recovering
service member (or the service member's
immediate family or other designee if the
service member is incapable of making judgments
about personal medical care) shall include, at
a minimum, the following:
(i) Assisting in understanding the
service member's medical status during
the care, recovery, and transition of
the service member.
(ii) Assisting in the receipt by
the service member of prescribed
medical care during the care, recovery,
and transition of the service member.
(iii) Conducting a periodic review
of the medical status of the service
member, which review shall be
conducted, to the extent practicable,
in person with the service member, or,
whenever the conduct of the review in
person is not practicable, with the
medical care case manager submitting to
the manager's supervisor a written
explanation why the review in person
was not practicable (if the Secretary
of the military department concerned
elects to require such written
explanations for purposes of the
program).
(C) Limitation on number of service members
managed by managers.--The maximum number of
recovering service members whose cases may be
assigned to a medical care case manager under
the program at any one time shall be such
number as the policy shall specify, except that
the Secretary of the military department
concerned may waive such limitation with
respect to a given manager for not more than
120 days in the event of unforeseen
circumstances (as specified in the policy).
(D) Training.--The policy shall specify
standard training requirements and curricula
for medical care case managers under the
program, including a requirement for successful
completion of the training program before a
person may assume the duties of such a manager.
(E) Resources.--The policy shall include
mechanisms to ensure that medical care case
managers under the program have the resources
necessary to expeditiously carry out the duties
of such managers under the program.
(F) Supervision at armed forces medical
facilities.--The policy shall specify
requirements for the appropriate rank or grade,
and appropriate occupation, for persons
appointed to head and supervise the medical
care case managers at each medical facility of
the Armed Forces. Persons so appointed may be
appointed from the Army Medical Corps, Army
Medical Service Corps, Army Nurse Corps, Navy
Medical Corps, Navy Medical Service Corps, Navy
Nurse Corps, Air Force Medical Service, or
other corps or civilian health care
professional, as applicable, at the discretion
of the Secretary of Defense.
(4) Non-medical care managers for recovering
service members.--
(A) In general.--The policy shall provide
for a uniform program among the military
departments for the assignment to recovering
service members of non-medical care managers
having the duties specified in subparagraph
(B).
(B) Duties.--The duties under the program
of a non-medical care manager for a recovering
service member shall include, at a minimum, the
following:
(i) Communicating with the service
member and with the service member's
family or other individuals designated
by the service member regarding non-
medical matters that arise during the
care, recovery, and transition of the
service member.
(ii) Assisting with oversight of
the service member's welfare and
quality of life.
(iii) Assisting the service member
in resolving problems involving
financial, administrative, personnel,
transitional, and other matters that
arise during the care, recovery, and
transition of the service member.
(C) Duration of duties.--The policy shall
provide that a non-medical care manager shall
perform duties under the program for a
recovering service member until the service
member is returned to active duty or retired or
separated from the Armed Forces.
(D) Limitation on number of service members
managed by managers.--The maximum number of
recovering service members whose cases may be
assigned to a non-medical care manager under
the program at any one time shall be such
number as the policy shall specify, except that
the Secretary of the military department
concerned may waive such limitation with
respect to a given manager for not more than
120 days in the event of unforeseen
circumstances (as specified in the policy).
(E) Training.--The policy shall specify
standard training requirements and curricula
among the military departments for non-medical
care managers under the program, including a
requirement for successful completion of the
training program before a person may assume the
duties of such a manager.
(F) Resources.--The policy shall include
mechanisms to ensure that non-medical care
managers under the program have the resources
necessary to expeditiously carry out the duties
of such managers under the program.
(G) Supervision at armed forces medical
facilities.--The policy shall specify
requirements for the appropriate rank and
occupational speciality for persons appointed
to head and supervise the non-medical care
managers at each medical facility of the Armed
Forces.
(5) Access of recovering service members to non-
urgent health care from the department of defense or
other providers under tricare.--
(A) In general.--The policy shall provide
for appropriate minimum standards for access of
recovering service members to non-urgent
medical care and other health care services as
follows:
(i) In medical facilities of the
Department of Defense.
(ii) Through the TRICARE program.
(B) Maximum waiting times for certain
care.--The standards for access under
subparagraph (A) shall include such standards
on maximum waiting times of recovering service
members as the policy shall specify for care
that includes, but is not limited to, the
following:
(i) Follow-up care
(ii) Specialty care.
(iii) Diagnostic referrals and
studies.
(iv) Surgery based on a physician's
determination of medical necessity.
(C) Waiver by recovering service members.--
The policy shall permit any recovering service
member to waive a standard for access under
this paragraph under such circumstances and
conditions as the policy shall specify.
(6) Assignment of recovering service members to
locations of care.--
(A) In general.--The policy shall provide
for uniform guidelines among the military
departments for the assignment of recovering
service members to a location of care,
including guidelines that provide for the
assignment of recovering service members, when
medically appropriate, to care and residential
facilities closest to their duty station or
home of record or the location of their
designated care giver at the earliest possible
time.
(B) Reassignment from deficient
facilities.--The policy shall provide for
uniform guidelines and procedures among the
military departments for the reassignment of
recovering service members from a medical or
medical-related support facility determined by
the Secretary of Defense to violate the
standards required by section 1648 to another
appropriate medical or medical-related support
facility until the correction of violations of
such standards at the medical or medical-
related support facility from which such
service members are reassigned.
(7) Transportation and subsistence for recovering
service members.--The policy shall provide for uniform
standards among the military departments on the
availability of appropriate transportation and
subsistence for recovering service members to
facilitate their obtaining needed medical care and
services.
(8) Work and duty assignments for recovering
service members.--The policy shall provide for uniform
criteria among the military departments for the
assignment of recovering service members to work and
duty assignments that are compatible with their medical
conditions.
(9) Access of recovering service members to
educational and vocational training and
rehabilitation.--The policy shall provide for uniform
standards among the military departments on the
provision of educational and vocational training and
rehabilitation opportunities for recovering service
members at the earliest possible point in their
recovery.
(10) Tracking of recovering service members.--The
policy shall provide for uniform procedures among the
military departments on tracking recovering service
members to facilitate--
(A) locating each recovering service
member; and
(B) tracking medical care appointments of
recovering service members to ensure timeliness
and compliance of recovering service members
with appointments, and other physical and
evaluation timelines, and to provide any other
information needed to conduct oversight of the
care, management, and transition of recovering
service members.
(11) Referrals of recovering service members to
other care and services providers.--The policy shall
provide for uniform policies, procedures, and criteria
among the military departments on the referral of
recovering service members to the Department of
Veterans Affairs and other private and public entities
(including universities and rehabilitation hospitals,
centers, and clinics) in order to secure the most
appropriate care for recovering service members, which
policies, procedures, and criteria shall take into
account, but not be limited to, the medical needs of
recovering service members and the geographic location
of available necessary recovery care services.
(f) Services for Families of Recovering Service Members.--
The policy required by subsection (a) shall provide for
improvements as follows with respect to services for families
of recovering service members:
(1) Support for family members of recovering
service members.--The policy shall provide for uniform
guidelines among the military departments on the
provision by the military departments of support for
family members of recovering service members who are
not otherwise eligible for care under section 1672 in
caring for such service members during their recovery.
(2) Advice and training for family members of
recovering service members.--The policy shall provide
for uniform requirements and standards among the
military departments on the provision by the military
departments of advice and training, as appropriate, to
family members of recovering service members with
respect to care for such service members during their
recovery.
(3) Measurement of satisfaction of family members
of recovering service members with quality of health
care services.--The policy shall provide for uniform
procedures among the military departments on the
measurement of the satisfaction of family members of
recovering service members with the quality of health
care services provided to such service members during
their recovery.
(4) Job placement services for family members of
recovering service members.--The policy shall provide
for procedures for application by eligible family
members during a one-year period for job placement
services otherwise offered by the Department of
Defense.
(g) Outreach to Recovering Service Members and Their
Families on Comprehensive Policy.--The policy required by
subsection (a) shall include procedures and mechanisms to
ensure that recovering service members and their families are
fully informed of the policies required by this section,
including policies on medical care for recovering service
members, on the management and transition of recovering service
members, and on the responsibilities of recovering service
members and their family members throughout the continuum of
care and services for recovering service members under this
section.
(h) Applicability of Comprehensive Policy to Recovering
Service Members on Temporary Disability Retired List.--
Appropriate elements of the policy required by this section
shall apply to recovering service members whose names are
placed on the temporary disability retired list in such manner,
and subject to such terms and conditions, as the Secretary of
Defense shall prescribe in regulations for purposes of this
subsection.
SEC. 1612. MEDICAL EVALUATIONS AND PHYSICAL DISABILITY EVALUATIONS OF
RECOVERING SERVICE MEMBERS.
(a) Medical Evaluations of Recovering Service Members.--
(1) In general.--Not later than July 1, 2008, the
Secretary of Defense shall develop a policy on
improvements to the processes, procedures, and
standards for the conduct by the military departments
of medical evaluations of recovering service members.
(2) Elements.--The policy on improvements to
processes, procedures, and standards required under
this subsection shall include and address the
following:
(A) Processes for medical evaluations of
recovering service members that--
(i) apply uniformly throughout the
military departments; and
(ii) apply uniformly with respect
to recovering service members who are
members of the regular components of
the Armed Forces and recovering service
members who are members of the National
Guard and Reserve.
(B) Standard criteria and definitions for
determining the achievement for recovering
service members of the maximum medical benefit
from treatment and rehabilitation.
(C) Standard timelines for each of the
following:
(i) Determinations of fitness for
duty of recovering service members.
(ii) Specialty care consultations
for recovering service members.
(iii) Preparation of medical
documents for recovering service
members.
(iv) Appeals by recovering service
members of medical evaluation
determinations, including
determinations of fitness for duty.
(D) Procedures for ensuring that--
(i) upon request of a recovering
service member being considered by a
medical evaluation board, a physician
or other appropriate health care
professional who is independent of the
medical evaluation board is assigned to
the service member; and
(ii) the physician or other health
care professional assigned to a
recovering service member under clause
(i)--
(I) serves as an
independent source for review
of the findings and
recommendations of the medical
evaluation board;
(II) provides the service
member with advice and counsel
regarding the findings and
recommendations of the medical
evaluation board; and
(III) advises the service
member on whether the findings
of the medical evaluation board
adequately reflect the complete
spectrum of injuries and
illness of the service member.
(E) Standards for qualifications and
training of medical evaluation board personnel,
including physicians, case workers, and
physical disability evaluation board liaison
officers, in conducting medical evaluations of
recovering service members.
(F) Standards for the maximum number of
medical evaluation cases of recovering service
members that are pending before a medical
evaluation board at any one time, and
requirements for the establishment of
additional medical evaluation boards in the
event such number is exceeded.
(G) Standards for information for
recovering service members, and their families,
on the medical evaluation board process and the
rights and responsibilities of recovering
service members under that process, including a
standard handbook on such information (which
handbook shall also be available
electronically).
(b) Physical Disability Evaluations of Recovering Service
Members.--
(1) In general.--Not later than July 1, 2008, the
Secretary of Defense and the Secretary of Veterans
Affairs shall develop a policy on improvements to the
processes, procedures, and standards for the conduct of
physical disability evaluations of recovering service
members by the military departments and by the
Department of Veterans Affairs.
(2) Elements.--The policy on improvements to
processes, procedures, and standards required under
this subsection shall include and address the
following:
(A) A clearly-defined process of the
Department of Defense and the Department of
Veterans Affairs for disability determinations
of recovering service members.
(B) To the extent feasible, procedures to
eliminate unacceptable discrepancies and
improve consistency among disability ratings
assigned by the military departments and the
Department of Veterans Affairs, particularly in
the disability evaluation of recovering service
members, which procedures shall be subject to
the following requirements and limitations:
(i) Such procedures shall apply
uniformly with respect to recovering
service members who are members of the
regular components of the Armed Forces
and recovering service members who are
members of the National Guard and
Reserve.
(ii) Under such procedures, each
Secretary of a military department
shall, to the extent feasible, utilize
the standard schedule for rating
disabilities in use by the Department
of Veterans Affairs, including any
applicable interpretation of such
schedule by the United States Court of
Appeals for Veterans Claims, in making
any determination of disability of a
recovering service member, except as
otherwise authorized by section 1216a
of title 10, United States Code (as
added by section 1642 of this Act).
(C) Uniform timelines among the military
departments for appeals of determinations of
disability of recovering service members,
including timelines for presentation,
consideration, and disposition of appeals.
(D) Uniform standards among the military
departments for qualifications and training of
physical disability evaluation board personnel,
including physical evaluation board liaison
personnel, in conducting physical disability
evaluations of recovering service members.
(E) Uniform standards among the military
departments for the maximum number of physical
disability evaluation cases of recovering
service members that are pending before a
physical disability evaluation board at any one
time, and requirements for the establishment of
additional physical disability evaluation
boards in the event such number is exceeded.
(F) Uniform standards and procedures among
the military departments for the provision of
legal counsel to recovering service members
while undergoing evaluation by a physical
disability evaluation board.
(G) Uniform standards among the military
departments on the roles and responsibilities
of non-medical care managers under section
1611(e)(4) and judge advocates assigned to
recovering service members undergoing
evaluation by a physical disability board, and
uniform standards on the maximum number of
cases involving such service members that are
to be assigned to judge advocates at any one
time.
(c) Assessment of Consolidation of Department of Defense
and Department of Veterans Affairs Disability Evaluation
Systems.--
(1) In general.--The Secretary of Defense and the
Secretary of Veterans Affairs shall jointly submit to
the appropriate committees of Congress a report on the
feasibility and advisability of consolidating the
disability evaluation systems of the military
departments and the disability evaluation system of the
Department of Veterans Affairs into a single disability
evaluation system. The report shall be submitted
together with the report required by section 1611(a).
(2) Elements.--The report required by paragraph (1)
shall include the following:
(A) An assessment of the feasibility and
advisability of consolidating the disability
evaluation systems described in paragraph (1)
as specified in that paragraph.
(B) If the consolidation of the systems is
considered feasible and advisable--
(i) recommendations for various
options for consolidating the systems
as specified in paragraph (1); and
(ii) recommendations for mechanisms
to evaluate and assess any progress
made in consolidating the systems as
specified in that paragraph.
SEC. 1613. RETURN OF RECOVERING SERVICE MEMBERS TO ACTIVE DUTY IN THE
ARMED FORCES.
The Secretary of Defense shall establish standards for
determinations by the military departments on the return of
recovering service members to active duty in the Armed Forces.
SEC. 1614. TRANSITION OF RECOVERING SERVICE MEMBERS FROM CARE AND
TREATMENT THROUGH THE DEPARTMENT OF DEFENSE TO
CARE, TREATMENT, AND REHABILITATION THROUGH THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Not later than July 1, 2008, the Secretary
of Defense and the Secretary of Veterans Affairs shall jointly
develop and implement processes, procedures, and standards for
the transition of recovering service members from care and
treatment through the Department of Defense to care, treatment,
and rehabilitation through the Department of Veterans Affairs.
(b) Elements.--The processes, procedures, and standards
required under this section shall include the following:
(1) Uniform, patient-focused procedures to ensure
that the transition described in subsection (a) occurs
without gaps in medical care and in the quality of
medical care, benefits, and services.
(2) Procedures for the identification and tracking
of recovering service members during the transition,
and for the coordination of care and treatment of
recovering service members during the transition,
including a system of cooperative case management of
recovering service members by the Department of Defense
and the Department of Veterans Affairs during the
transition.
(3) Procedures for the notification of Department
of Veterans Affairs liaison personnel of the
commencement by recovering service members of the
medical evaluation process and the physical disability
evaluation process.
(4) Procedures and timelines for the enrollment of
recovering service members in applicable enrollment or
application systems of the Department of Veterans with
respect to health care, disability, education,
vocational rehabilitation, or other benefits.
(5) Procedures to ensure the access of recovering
service members during the transition to vocational,
educational, and rehabilitation benefits available
through the Department of Veterans Affairs.
(6) Standards for the optimal location of
Department of Defense and Department of Veterans
Affairs liaison and case management personnel at
military medical treatment facilities, medical centers,
and other medical facilities of the Department of
Defense.
(7) Standards and procedures for integrated medical
care and management of recovering service members
during the transition, including procedures for the
assignment of medical personnel of the Department of
Veterans Affairs to Department of Defense facilities to
participate in the needs assessments of recovering
service members before, during, and after their
separation from military service.
(8) Standards for the preparation of detailed plans
for the transition of recovering service members from
care and treatment by the Department of Defense to
care, treatment, and rehabilitation by the Department
of Veterans Affairs, which plans shall--
(A) be based on standardized elements with
respect to care and treatment requirements and
other applicable requirements; and
(B) take into account the comprehensive
recovery plan for the recovering service member
concerned as developed under section
1611(e)(1).
(9) Procedures to ensure that each recovering
service member who is being retired or separated under
chapter 61 of title 10, United States Code, receives a
written transition plan, prior to the time of
retirement or separation, that--
(A) specifies the recommended schedule and
milestones for the transition of the service
member from military service;
(B) provides for a coordinated transition
of the service member from the Department of
Defense disability evaluation system to the
Department of Veterans Affairs disability
system; and
(C) includes information and guidance
designed to assist the service member in
understanding and meeting the schedule and
milestones specified under subparagraph (A) for
the service member's transition.
(10) Procedures for the transmittal from the
Department of Defense to the Department of Veterans
Affairs of records and any other required information
on each recovering service member described in
paragraph (9), which procedures shall provide for the
transmission from the Department of Defense to the
Department of Veterans Affairs of records and
information on the service member as follows:
(A) The address and contact information of
the service member.
(B) The DD-214 discharge form of the
service member, which shall be transmitted
under such procedures electronically.
(C) A copy of the military service record
of the service member, including medical
records and any results of a physical
evaluation board.
(D) Information on whether the service
member is entitled to transitional health care,
a conversion health policy, or other health
benefits through the Department of Defense
under section 1145 of title 10, United States
Code.
(E) A copy of any request of the service
member for assistance in enrolling in, or
completed applications for enrollment in, the
health care system of the Department of
Veterans Affairs for health care benefits for
which the service member may be eligible under
laws administered by the Secretary of Veterans
Affairs.
(F) A copy of any request by the service
member for assistance in applying for, or
completed applications for, compensation and
vocational rehabilitation benefits to which the
service member may be entitled under laws
administered by the Secretary of Veterans
Affairs.
(11) A process to ensure that, before transmittal
of medical records of a recovering service member to
the Department of Veterans Affairs, the Secretary of
Defense ensures that the service member (or an
individual legally recognized to make medical decisions
on behalf of the service member) authorizes the
transfer of the medical records of the service member
from the Department of Defense to the Department of
Veterans Affairs pursuant to the Health Insurance
Portability and Accountability Act of 1996.
(12) Procedures to ensure that, with the consent of
the recovering service member concerned, the address
and contact information of the service member is
transmitted to the department or agency for veterans
affairs of the State in which the service member
intends to reside after the retirement or separation of
the service member from the Armed Forces.
(13) Procedures to ensure that, before the
transmittal of records and other information with
respect to a recovering service member under this
section, a meeting regarding the transmittal of such
records and other information occurs among the service
member, appropriate family members of the service
member, representatives of the Secretary of the
military department concerned, and representatives of
the Secretary of Veterans Affairs, with at least 30
days advance notice of the meeting being given to the
service member unless the service member waives the
advance notice requirement in order to accelerate
transmission of the service member's records and other
information to the Department of Veterans Affairs.
(14) Procedures to ensure that the Secretary of
Veterans Affairs gives appropriate consideration to a
written statement submitted to the Secretary by a
recovering service member regarding the transition.
(15) Procedures to provide access for the
Department of Veterans Affairs to the military health
records of recovering service members who are receiving
care and treatment, or are anticipating receipt of care
and treatment, in Department of Veterans Affairs health
care facilities, which procedures shall be consistent
with the procedures and requirements in paragraphs (11)
and (13).
(16) A process for the utilization of a joint
separation and evaluation physical examination that
meets the requirements of both the Department of
Defense and the Department of Veterans Affairs in
connection with the medical separation or retirement of
a recovering service member from military service and
for use by the Department of Veterans Affairs in
disability evaluations.
(17) Procedures for surveys and other mechanisms to
measure patient and family satisfaction with the
provision by the Department of Defense and the
Department of Veterans Affairs of care and services for
recovering service members, and to facilitate
appropriate oversight by supervisory personnel of the
provision of such care and services.
(18) Procedures to ensure the participation of
recovering service members who are members of the
National Guard or Reserve in the Benefits Delivery at
Discharge Program, including procedures to ensure that,
to the maximum extent feasible, services under the
Benefits Delivery at Discharge Program are provided to
recovering service members at--
(A) appropriate military installations;
(B) appropriate armories and military
family support centers of the National Guard;
(C) appropriate military medical care
facilities at which members of the Armed Forces
are separated or discharged from the Armed
Forces; and
(D) in the case of a member on the
temporary disability retired list under section
1202 or 1205 of title 10, United States Code,
who is being retired under another provision of
such title or is being discharged, at a
location reasonably convenient to the member.
SEC. 1615. REPORTS.
(a) Report on Policy.--Upon the development of the policy
required by subsection (a) of section 1611 but not later than
July 1, 2008, the Secretary of Defense and the Secretary of
Veterans Affairs shall jointly submit to the appropriate
committees of Congress a report on the policy, including a
comprehensive and detailed description of the policy and of the
manner in which the policy addresses the detailed elements of
the policy specified in subsections (d) through (h) of section
1611, and the findings and recommendations of the reviews under
subsections (b) and (c) of section 1611.
(b) Interim Report on Policy.--Not later than February 1,
2008, the Secretary of Defense and the Secretary of Veterans
Affairs shall jointly submit to the appropriate committees of
Congress an interim report on the policy, which shall include a
comprehensive and detailed description of the matters specified
in subsection (a) current as of the date of such interim
report.
(c) Report on Update of Policy.--Upon updating the policy
under section 1611(a)(4), the Secretary of Defense and the
Secretary of Veterans Affairs shall jointly submit to the
appropriate committees of Congress a report on the update of
the policy, including a comprehensive and detailed description
of such update and of the reasons for such update.
(d) Comptroller General Assessment of Implementation of
Policy.--
(1) In general.--Not later than six months after
the date of the enactment of this Act and every year
thereafter through 2010, the Comptroller General of the
United States shall submit to the appropriate
committees of Congress a report setting forth the
assessment of the Comptroller General of the progress
of the Secretary of Defense and the Secretary of
Veterans Affairs in developing and implementing the
policy required by section 1611(a). Each report shall
include a certification by the Comptroller General as
to whether the Comptroller General has had timely
access to sufficient information to enable the
Comptroller General to make informed judgments on the
matters covered by the report.
(2) Access information.--The Secretary of Defense
and the Secretary of Veterans Affairs shall facilitate
the ability of the Comptroller General to conduct any
review required for a report under this subsection
within the time period required for such report,
including prompt and complete access to such
information as the Comptroller General considers
necessary to perform such review.
(e) Report on Reduction in Disability Ratings by the
Department of Defense.--Not later than February 1, 2009, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on
the number of instances during the period beginning on October
7, 2001, and ending on September 30, 2006, in which a
disability rating assigned to a member of the Armed Forces by
an informal physical evaluation board of the Department of
Defense was reduced upon appeal, and the reasons for such
reduction.
SEC. 1616. ESTABLISHMENT OF A WOUNDED WARRIOR RESOURCE CENTER.
(a) Establishment.--The Secretary of Defense shall
establish a wounded warrior resource center (in this section
referred to as the ``center'') to provide wounded warriors,
their families, and their primary caregivers with a single
point of contact for assistance with reporting deficiencies in
covered military facilities, obtaining health care services,
receiving benefits information, and any other difficulties
encountered while supporting wounded warriors. The Secretary
shall widely disseminate information regarding the existence
and availability of the center, including contact information,
to members of the Armed Forces and their dependents. In
carrying out this subsection, the Secretary may use existing
infrastructure and organizations but shall ensure that the
center has the ability to separately keep track of calls from
wounded warriors.
(b) Access.--The center shall provide multiple methods of
access, including at a minimum an Internet website and a toll-
free telephone number (commonly referred to as a ``hot line'')
at which personnel are accessible at all times to receive
reports of deficiencies or provide information about covered
military facilities, health care services, or military
benefits.
(c) Confidentiality.--
(1) Notification.--Individuals who seek to provide
information through the center under subsection (a)
shall be notified, immediately before they provide such
information, of their option to elect, at their
discretion, to have their identity remain confidential.
(2) Prohibition on further disclosure.--In the case
of information provided through use of the toll-free
telephone number by an individual who elects to
maintain the confidentiality of his or her identity,
any individual who, by necessity, has had access to
such information for purposes of investigating or
responding to the call as required under subsection (d)
may not disclose the identity of the individual who
provided the information.
(d) Functions.--The center shall perform the following
functions:
(1) Call tracking.--The center shall be responsible
for documenting receipt of a call, referring the call
to the appropriate office within a military department
for answer or investigation, and tracking the
formulation and notification of the response to the
call.
(2) Investigation and response.--The center shall
be responsible for ensuring that, not later than 96
hours after a call--
(A) if a report of deficiencies is received
in a call--
(i) any deficiencies referred to in
the call are investigated;
(ii) if substantiated, a plan of
action for remediation of the
deficiencies is developed and
implemented; and
(iii) if requested, the individual
who made the report is notified of the
current status of the report; or
(B) if a request for information is
received in a call--
(i) the information requested by
the caller is provided by the center;
(ii) all requests for information
from the call are referred to the
appropriate office or offices of a
military department for response; and
(iii) the individual who made the
report is notified, at a minimum, of
the current status of the query.
(3) Final notification.--The center shall be
responsible for ensuring that, if requested, the caller
is notified when the deficiency has been corrected or
when the request for information has been fulfilled to
the maximum extent practicable, as determined by the
Secretary.
(e) Definitions.--In this section:
(1) Covered military facility.--The term ``covered
military facility'' has the meaning provided in section
1648(b) of this Act.
(2) Call.--The term ``call'' means any query or
report that is received by the center by means of the
toll-free telephone number or other source.
(f) Effective Dates.--
(1) Toll-free telephone number.--The toll-free
telephone number required to be established by
subsection (a), shall be fully operational not later
than April 1, 2008.
(2) Internet website.--The Internet website
required to be established by subsection (a), shall be
fully operational not later than July 1, 2008.
SEC. 1617. NOTIFICATION TO CONGRESS OF HOSPITALIZATION OF COMBAT
WOUNDED SERVICE MEMBERS.
(a) Notification Required.--
(1) In general.--Chapter 55 of title 10, United
States Code, is further amended by inserting after
section 1074k the following new section:
``Sec. 1074l. Notification to Congress of hospitalization of combat
wounded members
``(a) Notification Required.--The Secretary concerned shall
provide notification of the hospitalization of any member of
the armed forces evacuated from a theater of combat and
admitted to a military treatment facility within the United
States to the appropriate Members of Congress.
``(b) Appropriate Members.--In this section, the term
`appropriate Members of Congress', with respect to the member
of the armed forces about whom notification is being made,
means the Senators representing the State, and the Member,
Delegate, or Resident Commissioner of the House of
Representatives representing the district, that includes the
member's home of record or a different location as provided by
the member.
``(c) Consent of Member Required.--The notification under
subsection (a) may be provided only with the consent of the
member of the armed forces about whom notification is to be
made. In the case of a member who is unable to provide consent,
information and consent may be provided by next of kin.''.
(2) Effective date.--The notification requirement
under section 1074l(a) of title 10, United States Code,
as added by paragraph (1), shall apply beginning 60
days after the date of the enactment of this Act.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1074l. Notification to Congress of hospitalization of combat wounded
members.''.
SEC. 1618. COMPREHENSIVE PLAN ON PREVENTION, DIAGNOSIS, MITIGATION,
TREATMENT, AND REHABILITATION OF, AND RESEARCH ON,
TRAUMATIC BRAIN INJURY, POST-TRAUMATIC STRESS
DISORDER, AND OTHER MENTAL HEALTH CONDITIONS IN
MEMBERS OF THE ARMED FORCES.
(a) Comprehensive Statement of Policy.--The Secretary of
Defense and the Secretary of Veterans Affairs shall direct
joint planning among the Department of Defense, the military
departments, and the Department of Veterans Affairs for the
prevention, diagnosis, mitigation, treatment, and
rehabilitation of, and research on, traumatic brain injury,
post-traumatic stress disorder, and other mental health
conditions in members of the Armed Forces, including planning
for the seamless transition of such members from care through
the Department of Defense to care through the Department of
Veterans Affairs.
(b) Comprehensive Plan Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall, in consultation with the Secretary of Veterans
Affairs, submit to the congressional defense committees a
comprehensive plan for programs and activities of the
Department of Defense to prevent, diagnose, mitigate, treat,
research, and otherwise respond to traumatic brain injury,
post-traumatic stress disorder, and other mental health
conditions in members of the Armed Forces, including--
(1) an assessment of the current capabilities of
the Department for the prevention, diagnosis,
mitigation, treatment, and rehabilitation of, and
research on, traumatic brain injury, post-traumatic
stress disorder, and other mental health conditions in
members of the Armed Forces;
(2) the identification of gaps in current
capabilities of the Department for the prevention,
diagnosis, mitigation, treatment, and rehabilitation
of, and research on, traumatic brain injury, post-
traumatic stress disorder, and other mental health
conditions in members of the Armed Forces; and
(3) the identification of the resources required
for the Department in fiscal years 2009 through 2013 to
address the gaps in capabilities identified under
paragraph (2).
(c) Program Required.--One of the programs contained in the
comprehensive plan submitted under subsection (b) shall be a
Department of Defense program, developed in collaboration with
the Department of Veterans Affairs, under which each member of
the Armed Forces who incurs a traumatic brain injury or post-
traumatic stress disorder during service in the Armed Forces--
(1) is enrolled in the program; and
(2) receives treatment and rehabilitation meeting a
standard of care such that each individual who
qualifies for care under the program shall--
(A) be provided the highest quality,
evidence-based care in facilities that most
appropriately meet the specific needs of the
individual; and
(B) be rehabilitated to the fullest extent
possible using up-to-date evidence-based
medical technology, and physical and medical
rehabilitation practices and expertise.
(d) Provision of Information Required.--The comprehensive
plan submitted under subsection (b) shall require the provision
of information by the Secretary of Defense to members of the
Armed Forces with traumatic brain injury, post-traumatic stress
disorder, or other mental health conditions and their families
about their options with respect to the following:
(1) The receipt of medical and mental health care
from the Department of Defense and the Department of
Veterans Affairs.
(2) Additional options available to such members
for treatment and rehabilitation of traumatic brain
injury, post-traumatic stress disorder, and other
mental health conditions.
(3) The options available, including obtaining a
second opinion, to such members for a referral to an
authorized provider under chapter 55 of title 10,
United States Code, as determined under regulations
prescribed by the Secretary of Defense.
(e) Additional Elements of Plan.--The comprehensive plan
submitted under subsection (b) shall include comprehensive
proposals of the Department on the following:
(1) Lead agent.--The designation by the Secretary
of Defense of a lead agent or executive agent for the
Department to coordinate development and implementation
of the plan.
(2) Detection and treatment.--The improvement of
methods and mechanisms for the detection and treatment
of traumatic brain injury, post-traumatic stress
disorder, and other mental health conditions in members
of the Armed Forces in the field.
(3) Reduction of ptsd.--The development of a plan
for reducing post traumatic stress disorder,
incorporating evidence-based preventive and early-
intervention measures, practices, or procedures that
reduce the likelihood that personnel in combat will
develop post-traumatic stress disorder or other stress-
related conditions (including substance abuse
conditions) into--
(A) basic and pre-deployment training for
enlisted members of the Armed Forces,
noncommissioned officers, and officers;
(B) combat theater operations; and
(C) post-deployment service.
(4) Research.--Requirements for research on
traumatic brain injury, post-traumatic stress disorder,
and other mental health conditions including (in
particular) research on pharmacological and other
approaches to treatment for traumatic brain injury,
post-traumatic stress disorder, or other mental health
conditions, as applicable, and the allocation of
priorities among such research.
(5) Diagnostic criteria.--The development,
adoption, and deployment of joint Department of
Defense-Department of Veterans Affairs evidence-based
diagnostic criteria for the detection and evaluation of
the range of traumatic brain injury, post-traumatic
stress disorder, and other mental health conditions in
members of the Armed Forces, which criteria shall be
employed uniformly across the military departments in
all applicable circumstances, including provision of
clinical care and assessment of future deployability of
members of the Armed Forces.
(6) Assessment.--The development and deployment of
evidence-based means of assessing traumatic brain
injury, post-traumatic stress disorder, and other
mental health conditions in members of the Armed
Forces, including a system of pre-deployment and post-
deployment screenings of cognitive ability in members
for the detection of cognitive impairment.
(7) Managing and monitoring.--The development and
deployment of effective means of managing and
monitoring members of the Armed Forces with traumatic
brain injury, post-traumatic stress disorder, or other
mental health conditions in the receipt of care for
traumatic brain injury, post-traumatic stress disorder,
or other mental health conditions, as applicable,
including the monitoring and assessment of treatment
and outcomes.
(8) Education and awareness.--The development and
deployment of an education and awareness training
initiative designed to reduce the negative stigma
associated with traumatic brain injury, post-traumatic
stress disorder, and other mental health conditions,
and mental health treatment.
(9) Education and outreach.--The provision of
education and outreach to families of members of the
Armed Forces with traumatic brain injury, post-
traumatic stress disorder, or other mental health
conditions on a range of matters relating to traumatic
brain injury, post-traumatic stress disorder, or other
mental health conditions, as applicable, including
detection, mitigation, and treatment.
(10) Recording of blasts.--A requirement that
exposure to a blast or blasts be recorded in the
records of members of the Armed Forces.
(11) Guidelines for blast injuries.--The
development of clinical practice guidelines for the
diagnosis and treatment of blast injuries in members of
the Armed Forces, including, but not limited to,
traumatic brain injury.
(12) Gender- and ethnic group-specific services and
treatment.--The development of requirements, as
appropriate, for gender- and ethnic group-specific
medical care services and treatment for members of the
Armed Forces who experience mental health problems and
conditions, including post-traumatic stress disorder,
with specific regard to the availability of, access to,
and research and development requirements of such
needs.
(f) Coordination in Development.--The comprehensive plan
submitted under subsection (b) shall be developed in
coordination with the Secretary of the Army (who was designated
by the Secretary of Defense as executive agent for the
prevention, mitigation, and treatment of blast injuries under
section 256 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3181; 10 U.S.C.
1071 note)).
Subtitle B--Centers of Excellence in the Prevention, Diagnosis,
Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury,
Post-Traumatic Stress Disorder, and Eye Injuries
SEC. 1621. CENTER OF EXCELLENCE IN THE PREVENTION, DIAGNOSIS,
MITIGATION, TREATMENT, AND REHABILITATION OF
TRAUMATIC BRAIN INJURY.
(a) In General.--The Secretary of Defense shall establish
within the Department of Defense a center of excellence in the
prevention, diagnosis, mitigation, treatment, and
rehabilitation of traumatic brain injury, including mild,
moderate, and severe traumatic brain injury, to carry out the
responsibilities specified in subsection (c).
(b) Partnerships.--The Secretary shall ensure that the
Center collaborates to the maximum extent practicable with the
Department of Veterans Affairs, institutions of higher
education, and other appropriate public and private entities
(including international entities) to carry out the
responsibilities specified in subsection (c).
(c) Responsibilities.--The Center shall have
responsibilities as follows:
(1) To implement the comprehensive plan and
strategy for the Department of Defense, required by
section 1618 of this Act, for the prevention,
diagnosis, mitigation, treatment, and rehabilitation of
traumatic brain injury, including research on gender
and ethnic group-specific health needs related to
traumatic brain injury.
(2) To provide for the development, testing, and
dissemination within the Department of best practices
for the treatment of traumatic brain injury.
(3) To provide guidance for the mental health
system of the Department in determining the mental
health and neurological health personnel required to
provide quality mental health care for members of the
Armed Forces with traumatic brain injury.
(4) To establish, implement, and oversee a
comprehensive program to train mental health and
neurological health professionals of the Department in
the treatment of traumatic brain injury.
(5) To facilitate advancements in the study of the
short-term and long-term psychological effects of
traumatic brain injury.
(6) To disseminate within the military medical
treatment facilities of the Department best practices
for training mental health professionals, including
neurological health professionals, with respect to
traumatic brain injury.
(7) To conduct basic science and translational
research on traumatic brain injury for the purposes of
understanding the etiology of traumatic brain injury
and developing preventive interventions and new
treatments.
(8) To develop programs and outreach strategies for
families of members of the Armed Forces with traumatic
brain injury in order to mitigate the negative impacts
of traumatic brain injury on such family members and to
support the recovery of such members from traumatic
brain injury.
(9) To conduct research on the mental health needs
of families of members of the Armed Forces with
traumatic brain injury and develop protocols to address
any needs identified through such research.
(10) To conduct longitudinal studies (using imaging
technology and other proven research methods) on
members of the Armed Forces with traumatic brain injury
to identify early signs of Alzheimer's disease,
Parkinson's disease, or other manifestations of
neurodegeneration, as well as epilepsy, in such
members, in coordination with the studies authorized by
section 721 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 120 Stat. 2294) and other studies of the
Department of Defense and the Department of Veterans
Affairs that address the connection between exposure to
combat and the development of Alzheimer's disease,
Parkinson's disease, and other neurodegenerative
disorders, as well as epilepsy.
(11) To develop and oversee a long-term plan to
increase the number of mental health and neurological
health professionals within the Department in order to
facilitate the meeting by the Department of the needs
of members of the Armed Forces with traumatic brain
injury until their transition to care and treatment
from the Department of Veterans Affairs.
(12) To develop a program on comprehensive pain
management, including management of acute and chronic
pain, to utilize current and develop new treatments for
pain, and to identify and disseminate best practices on
pain management related to traumatic brain injury.
(13) Such other responsibilities as the Secretary
shall specify.
SEC. 1622. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITIGATION,
TREATMENT, AND REHABILITATION OF POST-TRAUMATIC
STRESS DISORDER AND OTHER MENTAL HEALTH CONDITIONS.
(a) In General.--The Secretary of Defense shall establish
within the Department of Defense a center of excellence in the
prevention, diagnosis, mitigation, treatment, and
rehabilitation of post-traumatic stress disorder (PTSD) and
other mental health conditions, including mild, moderate, and
severe post-traumatic stress disorder and other mental health
conditions, to carry out the responsibilities specified in
subsection (c).
(b) Partnerships.--The Secretary shall ensure that the
center collaborates to the maximum extent practicable with the
National Center on Post-Traumatic Stress Disorder of the
Department of Veterans Affairs, institutions of higher
education, and other appropriate public and private entities
(including international entities) to carry out the
responsibilities specified in subsection (c).
(c) Responsibilities.--The center shall have
responsibilities as follows:
(1) To implement the comprehensive plan and
strategy for the Department of Defense, required by
section 1618 of this Act, for the prevention,
diagnosis, mitigation, treatment, and rehabilitation of
post-traumatic stress disorder and other mental health
conditions, including research on gender- and ethnic
group-specific health needs related to of post-
traumatic stress disorder and other mental health
conditions.
(2) To provide for the development, testing, and
dissemination within the Department of best practices
for the treatment of post-traumatic stress disorder.
(3) To provide guidance for the mental health
system of the Department in determining the mental
health and neurological health personnel required to
provide quality mental health care for members of the
Armed Forces with post-traumatic stress disorder and
other mental health conditions.
(4) To establish, implement, and oversee a
comprehensive program to train mental health and
neurological health professionals of the Department in
the treatment of post-traumatic stress disorder and
other mental health conditions.
(5) To facilitate advancements in the study of the
short-term and long-term psychological effects of post-
traumatic stress disorder and other mental health
conditions.
(6) To disseminate within the military medical
treatment facilities of the Department best practices
for training mental health professionals, including
neurological health professionals, with respect to
post-traumatic stress disorder and other mental health
conditions.
(7) To conduct basic science and translational
research on post-traumatic stress disorder for the
purposes of understanding the etiology of post-
traumatic stress disorder and developing preventive
interventions and new treatments.
(8) To develop programs and outreach strategies for
families of members of the Armed Forces with post-
traumatic stress disorder and other mental health
conditions in order to mitigate the negative impacts of
post-traumatic stress disorder and other mental health
conditions on such family members and to support the
recovery of such members from post-traumatic stress
disorder and other mental health conditions.
(9) To conduct research on the mental health needs
of families of members of the Armed Forces with post-
traumatic stress disorder and other mental health
conditions and develop protocols to address any needs
identified through such research.
(10) To develop and oversee a long-term plan to
increase the number of mental health and neurological
health professionals within the Department in order to
facilitate the meeting by the Department of the needs
of members of the Armed Forces with post-traumatic
stress disorder and other mental health conditions
until their transition to care and treatment from the
Department of Veterans Affairs.
SEC. 1623. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITIGATION,
TREATMENT, AND REHABILITATION OF MILITARY EYE
INJURIES.
(a) In General.--The Secretary of Defense shall establish
within the Department of Defense a center of excellence in the
prevention, diagnosis, mitigation, treatment, and
rehabilitation of military eye injuries to carry out the
responsibilities specified in subsection (c).
(b) Partnerships.--The Secretary shall ensure that the
center collaborates to the maximum extent practicable with the
Secretary of Veterans Affairs, institutions of higher
education, and other appropriate public and private entities
(including international entities) to carry out the
responsibilities specified in subsection (c).
(c) Responsibilities.--
(1) In general.--The center shall--
(A) implement a comprehensive plan and
strategy for the Department of Defense, as
developed by the Secretary of Defense, for a
registry of information for the tracking of the
diagnosis, surgical intervention or other
operative procedure, other treatment, and
follow up for each case of significant eye
injury incurred by a member of the Armed Forces
while serving on active duty;
(B) ensure the electronic exchange with the
Secretary of Veterans Affairs of information
obtained through tracking under subparagraph
(A); and
(C) enable the Secretary of Veterans
Affairs to access the registry and add
information pertaining to additional treatments
or surgical procedures and eventual visual
outcomes for veterans who were entered into the
registry and subsequently received treatment
through the Veterans Health Administration.
(2) Designation of registry.--The registry under
this subsection shall be known as the ``Military Eye
Injury Registry'' (hereinafter referred to as the
``Registry'').
(3) Consultation in development.--The center shall
develop the Registry in consultation with the
ophthalmological specialist personnel and optometric
specialist personnel of the Department of Defense and
the ophthalmological specialist personnel and
optometric specialist personnel of the Department of
Veterans Affairs. The mechanisms and procedures of the
Registry shall reflect applicable expert research on
military and other eye injuries.
(4) Mechanisms.--The mechanisms of the Registry for
tracking under paragraph (1)(A) shall ensure that each
military medical treatment facility or other medical
facility shall submit to the center for inclusion in
the Registry information on the diagnosis, surgical
intervention or other operative procedure, other
treatment, and follow up for each case of eye injury
described in that paragraph as follows (to the extent
applicable):
(A) Not later than 30 days after surgery or
other operative intervention, including a
surgery or other operative intervention carried
out as a result of a follow-up examination.
(B) Not later than 180 days after the
significant eye injury is reported or recorded
in the medical record.
(5) Coordination of care and benefits.--(A) The
center shall provide notice to the Blind Rehabilitation
Service of the Department of Veterans Affairs and to
the eye care services of the Veterans Health
Administration on each member of the Armed Forces
described in subparagraph (B) for purposes of ensuring
the coordination of the provision of ongoing eye care
and visual rehabilitation benefits and services by the
Department of Veterans Affairs after the separation or
release of such member from the Armed Forces.
(B) A member of the Armed Forces described in this
subparagraph is a member of the Armed Forces as
follows:
(i) A member with a significant eye injury
incurred while serving on active duty,
including a member with visual dysfunction
related to traumatic brain injury.
(ii) A member with an eye injury incurred
while serving on active duty who has a visual
acuity of 20/200 or less in the injured eye.
(iii) A member with an eye injury incurred
while serving on active duty who has a loss of
peripheral vision resulting in twenty degrees
or less of visual field in the injured eye.
(d) Utilization of Registry Information.--The Secretary of
Defense and the Secretary of Veterans Affairs shall jointly
ensure that information in the Registry is available to
appropriate ophthalmological and optometric personnel of the
Department of Defense and the Department of Veterans Affairs
for purposes of encouraging and facilitating the conduct of
research, and the development of best practices and clinical
education, on eye injuries incurred by members of the Armed
Forces in combat.
(e) Inclusion of Records of OIF/OEF Veterans.--The
Secretary of Defense shall take appropriate actions to include
in the Registry such records of members of the Armed Forces who
incurred an eye injury while serving on active duty on or after
September 11, 2001, but before the establishment of the
Registry, as the Secretary considers appropriate for purposes
of the Registry.
(d) Traumatic Brain Injury Post Traumatic Visual
Syndrome.--In carrying out the program at Walter Reed Army
Medical Center, District of Columbia, on traumatic brain injury
post traumatic visual syndrome, the Secretary of Defense and
the Department of Veterans Affairs shall jointly provide for
the conduct of a cooperative program for members of the Armed
Forces and veterans with traumatic brain injury by military
medical treatment facilities of the Department of Defense and
medical centers of the Department of Veterans Affairs selected
for purposes of this subsection for purposes of vision
screening, diagnosis, rehabilitative management, and vision
research, including research on prevention, on visual
dysfunction related to traumatic brain injury.
SEC. 1624. REPORT ON ESTABLISHMENT OF CENTERS OF EXCELLENCE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on--
(1) the establishment of the center of excellence
in prevention, diagnosis, mitigation, treatment, and
rehabilitation of traumatic brain injury under section
1621;
(2) the establishment of the center of excellence
in prevention, diagnosis, mitigation, treatment, and
rehabilitation of post-traumatic stress disorder and
other mental health conditions under section 1622; and
(3) the establishment of the center of excellence
in prevention, diagnosis, mitigation, treatment, and
rehabilitation of military eye injuries under section
1623.
(b) Matters Covered.--The report shall, for each such
center--
(1) describe in detail the activities and proposed
activities of such center; and
(2) assess the progress of such center in
discharging the responsibilities of such center.
Subtitle C--Health Care Matters
SEC. 1631. MEDICAL CARE AND OTHER BENEFITS FOR MEMBERS AND FORMER
MEMBERS OF THE ARMED FORCES WITH SEVERE INJURIES OR
ILLNESSES.
(a) Medical and Dental Care for Former Members.--
(1) In general.--Effective as of the date of the
enactment of this Act and subject to regulations
prescribed by the Secretary of Defense, the Secretary
may authorize that any former member of the Armed
Forces with a serious injury or illness may receive the
same medical and dental care as a member of the Armed
Forces on active duty for medical and dental care not
reasonably available to such former member in the
Department of Veterans Affairs.
(2) Sunset.--The Secretary of Defense may not
provide medical or dental care to a former member of
the Armed Forces under this subsection after December
31, 2012, if the Secretary has not provided medical or
dental care to the former member under this subsection
before that date.
(b) Rehabilitation and Vocational Benefits.--
(1) In general.--Effective as of the date of the
enactment of this Act, a member of the Armed Forces
with a severe injury or illness is entitled to such
benefits (including rehabilitation and vocational
benefits, but not including compensation) from the
Secretary of Veterans Affairs to facilitate the
recovery and rehabilitation of such member as the
Secretary otherwise provides to veterans of the Armed
Forces receiving medical care in medical facilities of
the Department of Veterans Affairs facilities in order
to facilitate the recovery and rehabilitation of such
members.
(2) Sunset.--The Secretary of Veterans Affairs may
not provide benefits to a member of the Armed Forces
under this subsection after December 31, 2012, if the
Secretary has not provided benefits to the member under
this subsection before that date.
SEC. 1632. REIMBURSEMENT OF TRAVEL EXPENSES OF RETIRED MEMBERS WITH
COMBAT-RELATED DISABILITIES FOR FOLLOW-ON SPECIALTY
CARE, SERVICES, AND SUPPLIES.
(a) Travel.--Section 1074i of title 10, United States Code,
is amended--
(1) by redesignating subsection (b) as subsection
(c); and
(2) by inserting after subsection (a) the following
new subsection (b):
``(b) Outreach Program and Travel Reimbursement for Follow-
on Specialty Care and Related Services.--The Secretary
concerned shall ensure that an outreach program is implemented
for each member of the uniformed services who incurred a
combat-related disability and is entitled to retired or
retainer pay, or equivalent pay, so that--
``(1) the progress of the member is closely
monitored; and
``(2) the member receives the travel reimbursement
authorized by subsection (a) whenever the member
requires follow-on specialty care, services, or
supplies.''.
(b) Combat-Related Disability Defined.--Subsection (c) of
such section, as redesignated by subsection (a)(1), is amended
by adding at the end the following new paragraph:
``(3) The term `combat-related disability' has the
meaning given that term in section 1413a of this
title.''.
(c) Effective Date.--Subsection (b) of section 1074i of
title 10, United States Code, as added by subsection (a)(2),
shall apply with respect to travel described in subsection (a)
of such section that occurs on or after January 1, 2008, for
follow-on specialty care, services, or supplies.
SEC. 1633. RESPITE CARE AND OTHER EXTENDED CARE BENEFITS FOR MEMBERS OF
THE UNIFORMED SERVICES WHO INCUR A SERIOUS INJURY
OR ILLNESS ON ACTIVE DUTY.
(a) In General.--Section 1074(c) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(4)(A) Subject to such terms and conditions as the
Secretary of Defense considers appropriate, coverage comparable
to that provided by the Secretary under subsections (d) and (e)
of section 1079 of this title shall be provided under this
subsection to members of the uniformed services who incur a
serious injury or illness on active duty as defined by
regulations prescribed by the Secretary.
``(B) The Secretary of Defense shall prescribe in
regulations--
``(i) the individuals who shall be treated as the
primary caregivers of a member of the uniformed
services for purposes of this paragraph; and
``(ii) the definition of serious injury or illness
for the purposes of this paragraph.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 2008.
SEC. 1634. REPORTS.
(a) Reports on Implementation of Certain Requirements.--Not
later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional
defense committees a report describing the progress in
implementing the requirements as follows:
(1) The requirements of section 721 of the John
Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2294),
relating to a longitudinal study on traumatic brain
injury incurred by members of the Armed Forces in
Operation Iraqi Freedom and Operation Enduring Freedom.
(2) The requirements of section 741 of the John
Warner National Defense Authorization Act for Fiscal
Year 2007 (120 Stat. 2304), relating to pilot projects
on early diagnosis and treatment of post-traumatic
stress disorder and other mental health conditions.
(b) Annual Reports on Expenditures for Activities on TBI
and PTSD.--
(1) Reports required.--Not later than March 1,
2008, and each year thereafter through 2013, the
Secretary of Defense shall submit to the congressional
defense committees a report setting forth the amounts
expended by the Department of Defense during the
preceding calendar year on activities described in
paragraph (2), including the amount allocated during
such calendar year to the Defense and Veterans Brain
Injury Center of the Department.
(2) Covered activities.--The activities described
in this paragraph are activities as follows:
(A) Activities relating to the improved
diagnosis, treatment, and rehabilitation of
members of the Armed Forces with traumatic
brain injury (TBI).
(B) Activities relating to the improved
diagnosis, treatment, and rehabilitation of
members of the Armed Forces with post-traumatic
stress disorder (PTSD).
(3) Elements.--Each report under paragraph (1)
shall include--
(A) a description of the amounts expended
as described in that paragraph, including a
description of the activities for which
expended;
(B) a description and assessment of the
outcome of such activities;
(C) a statement of priorities of the
Department in activities relating to the
prevention, diagnosis, research, treatment, and
rehabilitation of traumatic brain injury in
members of the Armed Forces during the year in
which such report is submitted and in future
calendar years;
(D) a statement of priorities of the
Department in activities relating to the
prevention, diagnosis, research, treatment, and
rehabilitation of post-traumatic stress
disorder and other mental health conditions in
members of the Armed Forces during the year in
which such report is submitted and in future
calendar years; and
(E) an assessment of the progress made
toward achieving the priorities stated in
subparagraphs (C) and (D) in the report under
paragraph (1) in the previous year, and a
description of any actions planned during the
year in which such report is submitted to
achieve any unfulfilled priorities during such
year.
SEC. 1635. FULLY INTEROPERABLE ELECTRONIC PERSONAL HEALTH INFORMATION
FOR THE DEPARTMENT OF DEFENSE AND DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--The Secretary of Defense and the Secretary
of Veterans Affairs shall jointly--
(1) develop and implement electronic health record
systems or capabilities that allow for full
interoperability of personal health care information
between the Department of Defense and the Department of
Veterans Affairs; and
(2) accelerate the exchange of health care
information between the Department of Defense and the
Department of Veterans Affairs in order to support the
delivery of health care by both Departments.
(b) Department of Defense-Department of Veterans Affairs
Interagency Program Office.--
(1) In general.--There is hereby established an
interagency program office of the Department of Defense
and the Department of Veterans Affairs (in this section
referred to as the ``Office'') for the purposes
described in paragraph (2).
(2) Purposes.--The purposes of the Office shall be
as follows:
(A) To act as a single point of
accountability for the Department of Defense
and the Department of Veterans Affairs in the
rapid development and implementation of
electronic health record systems or
capabilities that allow for full
interoperability of personal health care
information between the Department of Defense
and the Department of Veterans Affairs.
(B) To accelerate the exchange of health
care information between the Department of
Defense and the Department of Veterans Affairs
in order to support the delivery of health care
by both Departments.
(c) Leadership.--
(1) Director.--The Director of the Office shall be
the head of the Office.
(2) Deputy director.--The Deputy Director of the
Office shall be the deputy head of the Office and shall
assist the Director in carrying out the duties of the
Director.
(3) Appointments.--(A) The Director shall be
appointed by the Secretary of Defense, with the
concurrence of the Secretary of Veterans Affairs, from
among persons who are qualified to direct the
development, acquisition, and integration of major
information technology capabilities.
(B) The Deputy Director shall be appointed by the
Secretary of Veterans Affairs, with the concurrence of
the Secretary of Defense, from among employees of the
Department of Defense and the Department of Veterans
Affairs in the Senior Executive Service who are
qualified to direct the development, acquisition, and
integration of major information technology
capabilities.
(4) Additional guidance.--In addition to the
direction, supervision, and control provided by the
Secretary of Defense and the Secretary of Veterans
Affairs, the Office shall also receive guidance from
the Department of Veterans Affairs-Department of
Defense Joint Executive Committee under section 320 of
title 38, United States Code, in the discharge of the
functions of the Office under this section.
(5) Testimony.--Upon request by any of the
appropriate committees of Congress, the Director and
the Deputy Director shall testify before such committee
regarding the discharge of the functions of the Office
under this section.
(d) Function.--The function of the Office shall be to
implement, by not later than September 30, 2009, electronic
health record systems or capabilities that allow for full
interoperability of personal health care information between
the Department of Defense and the Department of Veterans
Affairs, which health records shall comply with applicable
interoperability standards, implementation specifications, and
certification criteria (including for the reporting of quality
measures) of the Federal Government.
(e) Schedules and Benchmarks.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of Defense
and the Secretary of Veterans Affairs shall jointly establish a
schedule and benchmarks for the discharge by the Office of its
function under this section, including each of the following:
(1) A schedule for the establishment of the Office.
(2) A schedule and deadline for the establishment
of the requirements for electronic health record
systems or capabilities described in subsection (d),
including coordination with the Office of the National
Coordinator for Health Information Technology in the
development of a nationwide interoperable health
information technology infrastructure.
(3) A schedule and associated deadlines for any
acquisition and testing required in the implementation
of electronic health record systems or capabilities
that allow for full interoperability of personal health
care information between the Department of Defense and
the Department of Veterans Affairs.
(4) A schedule and associated deadlines and
requirements for the implementation of electronic
health record systems or capabilities that allow for
full interoperability of personal health care
information between the Department of Defense and the
Department of Veterans Affairs.
(f) Pilot Projects.--
(1) Authority.--In order to assist the Office in
the discharge of its function under this section, the
Secretary of Defense and the Secretary of Veterans
Affairs may, acting jointly, carry out one or more
pilot projects to assess the feasibility and
advisability of various technological approaches to the
achievement of the electronic health record systems or
capabilities described in subsection (d).
(2) Sharing of protected health information.--For
purposes of each pilot project carried out under this
subsection, the Secretary of Defense and the Secretary
of Veterans Affairs shall, for purposes of the
regulations promulgated under section 264(c) of the
Health Insurance Portability and Accountability Act of
1996 (42 U.S.C. 1320d-2 note), ensure the effective
sharing of protected health information between the
health care system of the Department of Defense and the
health care system of the Department of Veterans
Affairs as needed to provide all health care services
and other benefits allowed by law.
(g) Staff and Other Resources.--
(1) In general.--The Secretary of Defense and the
Secretary of Veterans Affairs shall assign to the
Office such personnel and other resources of the
Department of Defense and the Department of Veterans
Affairs as are required for the discharge of its
function under this section.
(2) Additional services.--Subject to the approval
of the Secretary of Defense and the Secretary of
Veterans Affairs, the Director may utilize the services
of private individuals and entities as consultants to
the Office in the discharge of its function under this
section. Amounts available to the Office shall be
available for payment for such services.
(h) Annual Reports.--
(1) In general.--Not later than January 1, 2009,
and each year thereafter through 2014, the Director
shall submit to the Secretary of Defense and the
Secretary of Veterans Affairs, and to the appropriate
committees of Congress, a report on the activities of
the Office during the preceding calendar year. Each
report shall include, for the year covered by such
report, the following:
(A) A detailed description of the
activities of the Office, including a detailed
description of the amounts expended and the
purposes for which expended.
(B) An assessment of the progress made by
the Department of Defense and the Department of
Veterans Affairs in the full implementation of
electronic health record systems or
capabilities described in subsection (d).
(2) Availability to public.--The Secretary of
Defense and the Secretary of Veterans Affairs shall
make available to the public each report submitted
under paragraph (1), including by posting such report
on the Internet website of the Department of Defense
and the Department of Veterans Affairs, respectively,
that is available to the public.
(i) Comptroller General Assessment of Implementation.--Not
later than six months after the date of the enactment of this
Act and every six months thereafter until the completion of the
implementation of electronic health record systems or
capabilities described in subsection (d), the Comptroller
General of the United States shall submit to the appropriate
committees of Congress a report setting forth the assessment of
the Comptroller General of the progress of the Department of
Defense and the Department of Veterans Affairs in implementing
electronic health record systems or capabilities described in
subsection (d).
SEC. 1636. ENHANCED PERSONNEL AUTHORITIES FOR THE DEPARTMENT OF DEFENSE
FOR HEALTH CARE PROFESSIONALS FOR CARE AND
TREATMENT OF WOUNDED AND INJURED MEMBERS OF THE
ARMED FORCES.
(a) In General.--Section 1599c of title 10, United States
Code, is amended to read as follows:
``Sec. 1599c. Health care professionals: enhanced appointment and
compensation authority for personnel for care and
treatment of wounded and injured members of the
armed forces
``(a) In General.--The Secretary of Defense may, at the
discretion of the Secretary, exercise any authority for the
appointment and pay of health care personnel under chapter 74
of title 38 for purposes of the recruitment, employment, and
retention of civilian health care professionals for the
Department of Defense if the Secretary determines that the
exercise of such authority is necessary in order to provide or
enhance the capacity of the Department to provide care and
treatment for members of the armed forces who are wounded or
injured on active duty in the armed forces and to support the
ongoing patient care and medical readiness, education, and
training requirements of the Department of Defense.
``(b) Recruitment of Personnel.--(1) The Secretaries of the
military departments shall each develop and implement a
strategy to disseminate among appropriate personnel of the
military departments authorities and best practices for the
recruitment of medical and health professionals, including the
authorities under subsection (a).
``(2) Each strategy under paragraph (1) shall--
``(A) assess current recruitment policies,
procedures, and practices of the military department
concerned to assure that such strategy facilitates the
implementation of efficiencies which reduce the time
required to fill vacant positions for medical and
health professionals; and
``(B) clearly identify processes and actions that
will be used to inform and educate military and
civilian personnel responsible for the recruitment of
medical and health professionals.
``(c) Termination of Authority.--The authority of the
Secretary of Defense to exercise authorities available under
chapter 74 of title 38 for purposes of the recruitment,
employment, and retention of civilian health care professionals
for the Department of Defense expires September 30, 2010.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 81 of such title is amended by striking
the item relating to section 1599c and inserting the following
new item:
``1599c. Health care professionals: enhanced appointment and
compensation authority for personnel for care and treatment of
wounded and injured members of the armed forces.''.
(c) Reports on Strategies on Recruitment of Medical and
Health Professionals.--Not later than six months after the date
of the enactment of this Act, each Secretary of a military
department shall submit to the congressional defense committees
a report setting forth the strategy developed by such Secretary
under section 1599c(b) of title 10, United States Code, as
added by subsection (a).
SEC. 1637. CONTINUATION OF TRANSITIONAL HEALTH BENEFITS FOR MEMBERS OF
THE ARMED FORCES PENDING RESOLUTION OF SERVICE-
RELATED MEDICAL CONDITIONS.
Section 1145(a) of title 10, United States Code, is
amended--
(1) in paragraph (3), by striking ``Transitional
health care'' and inserting ``Except as provided in
paragraph (6), transitional health care''; and
(2) by adding at the end the following new
paragraph:
``(6)(A) A member who has a medical condition relating to
service on active duty that warrants further medical care that
has been identified during the member's 180-day transition
period, which condition can be resolved within 180 days as
determined by a Department of Defense physician, shall be
entitled to receive medical and dental care for that medical
condition, and that medical condition only, as if the member
were a member of the armed forces on active duty for 180 days
following the diagnosis of the condition.
``(B) The Secretary concerned shall ensure that the Defense
Enrollment and Eligibility Reporting System (DEERS) is
continually updated in order to reflect the continuing
entitlement of members covered by subparagraph (A) to the
medical and dental care referred to in that subparagraph.''.
Subtitle D--Disability Matters
SEC. 1641. UTILIZATION OF VETERANS' PRESUMPTION OF SOUND CONDITION IN
ESTABLISHING ELIGIBILITY OF MEMBERS OF THE ARMED
FORCES FOR RETIREMENT FOR DISABILITY.
(a) Retirement of Regulars and Members on Active Duty for
More Than 30 Days.--Clause (i) of section 1201(b)(3)(B) of
title 10, United States Code, is amended to read as follows:
``(i) the member has six months or
more of active military service and the
disability was not noted at the time of
the member's entrance on active duty
(unless compelling evidence or medical
judgment is such to warrant a finding
that the disability existed before the
member's entrance on active duty);''.
(b) Separation of Regulars and Members on Active Duty for
More Than 30 Days.--Section 1203(b)(4)(B) of such title is
amended by striking ``and the member has at least eight years
of service computed under section 1208 of this title'' and
inserting ``, the member has six months or more of active
military service, and the disability was not noted at the time
of the member's entrance on active duty (unless evidence or
medical judgment is such to warrant a finding that the
disability existed before the member's entrance on active
duty)''.
SEC. 1642. REQUIREMENTS AND LIMITATIONS ON DEPARTMENT OF DEFENSE
DETERMINATIONS OF DISABILITY WITH RESPECT TO
MEMBERS OF THE ARMED FORCES.
(a) In General.--Chapter 61 of title 10, United States
Code, is amended by inserting after section 1216 the following
new section:
``Sec. 1216a. Determinations of disability: requirements and
limitations on determinations
``(a) Utilization of VA Schedule for Rating Disabilities in
Determinations of Disability.--(1) In making a determination of
disability of a member of the armed forces for purposes of this
chapter, the Secretary concerned--
``(A) shall, to the extent feasible, utilize the
schedule for rating disabilities in use by the
Department of Veterans Affairs, including any
applicable interpretation of the schedule by the United
States Court of Appeals for Veterans Claims; and
``(B) except as provided in paragraph (2), may not
deviate from the schedule or any such interpretation of
the schedule.
``(2) In making a determination described in paragraph (1),
the Secretary concerned may utilize in lieu of the schedule
described in that paragraph such criteria as the Secretary of
Defense and the Secretary of Veterans Affairs may jointly
prescribe for purposes of this subsection if the utilization of
such criteria will result in a determination of a greater
percentage of disability than would be otherwise determined
through the utilization of the schedule.
``(b) Consideration of All Medical Conditions.--In making a
determination of the rating of disability of a member of the
armed forces for purposes of this chapter, the Secretary
concerned shall take into account all medical conditions,
whether individually or collectively, that render the member
unfit to perform the duties of the member's office, grade,
rank, or rating.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 61 of such title is amended by inserting
after the item relating to section 1216 the following new item:
``1216a. Determinations of disability: requirements and limitations on
determinations.''.
SEC. 1643. REVIEW OF SEPARATION OF MEMBERS OF THE ARMED FORCES
SEPARATED FROM SERVICE WITH A DISABILITY RATING OF
20 PERCENT DISABLED OR LESS.
(a) Board Required.--
(1) In general.--Chapter 79 of title 10, United
States Code, is amended by inserting after section 1554
the following new section:
``Sec. 1554a. Review of separation with disability rating of 20 percent
disabled or less
``(a) In General.--(1) The Secretary of Defense shall
establish within the Office of the Secretary of Defense a board
of review to review the disability determinations of covered
individuals by Physical Evaluation Boards. The board shall be
known as the `Physical Disability Board of Review'.
``(2) The Physical Disability Board of Review shall consist
of not less than three members appointed by the Secretary.
``(b) Covered Individuals.--For purposes of this section,
covered individuals are members and former members of the armed
forces who, during the period beginning on September 11, 2001,
and ending on December 31, 2009--
``(1) are separated from the armed forces due to
unfitness for duty due to a medical condition with a
disability rating of 20 percent disabled or less; and
``(2) are found to be not eligible for retirement.
``(c) Review.--(1) Upon the request of a covered
individual, or a surviving spouse, next of kin, or legal
representative of a covered individual, the Physical Disability
Board of Review shall review the findings and decisions of the
Physical Evaluation Board with respect to such covered
individual. Subject to paragraph (3), upon its own motion, the
Physical Disability Board of Review may review the findings and
decisions of the Physical Evaluation Board with respect to a
covered individual.
``(2) The review by the Physical Disability Board of Review
under paragraph (1) shall be based on the records of the armed
force concerned and such other evidence as may be presented to
the Physical Disability Board of Review. A witness may present
evidence to the Board by affidavit or by any other means
considered acceptable by the Secretary of Defense.
``(3) If the Physical Disability Board of Review proposes
to review, upon its own motion, the findings and decisions of
the Physical Evaluation Board with respect to a covered
individual, the Physical Disability Board of Review shall
notify the covered individual, or a surviving spouse, next of
kin, or legal representative of the covered individual, of the
proposed review and obtain the consent of the covered
individual or a surviving spouse, next of kin, or legal
representative of the covered individual before proceeding with
the review.
``(4) With respect to any review by the Physical Disability
Board of Review of the findings and decisions of the Physical
Evaluation Board with respect to a covered individual, whether
initiated at the request of the covered individual or a
surviving spouse, next of kin, or legal representative of the
covered individual or initiated by the Physical Disability
Board of Review, the Physical Disability Board of Review shall
notify the covered individual or a surviving spouse, next of
kin, or legal representative of the covered individual that, as
a result of the request or consent, the covered individual or a
surviving spouse, next of kin, or legal representative of the
covered individual may not seek relief from the Board for
Correction of Military Records operated by the Secretary
concerned.
``(d) Authorized Recommendations.--The Physical Disability
Board of Review may, as a result of its findings under a review
under subsection (c), recommend to the Secretary concerned the
following (as applicable) with respect to a covered individual:
``(1) No recharacterization of the separation of
such individual or modification of the disability
rating previously assigned such individual.
``(2) The recharacterization of the separation of
such individual to retirement for disability.
``(3) The modification of the disability rating
previously assigned such individual by the Physical
Evaluation Board concerned, which modified disability
rating may not be a reduction of the disability rating
previously assigned such individual by that Physical
Evaluation Board.
``(4) The issuance of a new disability rating for
such individual.
``(e) Correction of Military Records.--(1) The Secretary
concerned may correct the military records of a covered
individual in accordance with a recommendation made by the
Physical Disability Board of Review under subsection (d). Any
such correction may be made effective as of the effective date
of the action taken on the report of the Physical Evaluation
Board to which such recommendation relates.
``(2) In the case of a member previously separated pursuant
to the findings and decision of a Physical Evaluation Board
together with a lump-sum or other payment of back pay and
allowances at separation, the amount of pay or other monetary
benefits to which such member would be entitled based on the
member's military record as corrected shall be reduced to take
into account receipt of such lump-sum or other payment in such
manner as the Secretary of Defense considers appropriate.
``(3) If the Physical Disability Board of Review makes a
recommendation not to correct the military records of a covered
individual, the action taken on the report of the Physical
Evaluation Board to which such recommendation relates shall be
treated as final as of the date of such action.
``(f) Regulations.--(1) This section shall be carried out
in accordance with regulations prescribed by the Secretary of
Defense.
``(2) The regulations under paragraph (1) shall specify
reasonable deadlines for the performance of reviews required by
this section.
``(3) The regulations under paragraph (1) shall specify the
effect of a determination or pending determination of a
Physical Evaluation Board on considerations by boards for
correction of military records under section 1552 of this
title.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 79 of such title is amended by
inserting after the item relating to section 1554 the
following new item:
``1554a. Review of separation with disability rating of 20 percent
disabled or less.''.
(b) Implementation.--The Secretary of Defense shall
establish the board of review required by section 1554a of
title 10, United States Code (as added by subsection (a)), and
prescribe the regulations required by such section, not later
than 90 days after the date of the enactment of this Act.
SEC. 1644. AUTHORIZATION OF PILOT PROGRAMS TO IMPROVE THE DISABILITY
EVALUATION SYSTEM FOR MEMBERS OF THE ARMED FORCES.
(a) Pilot Programs.--
(1) Programs authorized.--For the purposes set
forth in subsection (c), the Secretary of Defense may
establish and conduct pilot programs with respect to
the system of the Department of Defense for the
evaluation of the disabilities of members of the Armed
Forces who are being separated or retired from the
Armed Forces for disability under chapter 61 of title
10, United States Code (in this section referred to as
the ``disability evaluation system'').
(2) Types of pilot programs.--In carrying out this
section, the Secretary of Defense may conduct one or
more of the pilot programs described in paragraphs (1)
through (3) of subsection (b) or such other pilot
programs as the Secretary of Defense considers
appropriate.
(3) Consultation.--In establishing and conducting
any pilot program under this section, the Secretary of
Defense shall consult with the Secretary of Veterans
Affairs.
(b) Scope of Pilot Programs.--
(1) Disability determinations by dod utilizing va
assigned disability rating.--Under one of the pilot
programs authorized by subsection (a), for purposes of
making a determination of disability of a member of the
Armed Forces under section 1201(b) of title 10, United
States Code, for the retirement, separation, or
placement of the member on the temporary disability
retired list under chapter 61 of such title, upon a
determination by the Secretary of the military
department concerned that the member is unfit to
perform the duties of the member's office, grade, rank,
or rating because of a physical disability as described
in section 1201(a) of such title--
(A) the Secretary of Veterans Affairs may--
(i) conduct an evaluation of the
member for physical disability; and
(ii) assign the member a rating of
disability in accordance with the
schedule for rating disabilities
utilized by the Secretary of Veterans
Affairs based on all medical conditions
(whether individually or collectively)
that render the member unfit for duty;
and
(B) the Secretary of the military
department concerned may make the determination
of disability regarding the member utilizing
the rating of disability assigned under
subparagraph (A)(ii).
(2) Disability determinations utilizing joint dod/
va assigned disability rating.--Under one of the pilot
programs authorized by subsection (a), in making a
determination of disability of a member of the Armed
Forces under section 1201(b) of title 10, United States
Code, for the retirement, separation, or placement of
the member on the temporary disability retired list
under chapter 61 of such title, the Secretary of the
military department concerned may, upon determining
that the member is unfit to perform the duties of the
member's office, grade, rank, or rating because of a
physical disability as described in section 1201(a) of
such title--
(A) provide for the joint evaluation of the
member for disability by the Secretary of the
military department concerned and the Secretary
of Veterans Affairs, including the assignment
of a rating of disability for the member in
accordance with the schedule for rating
disabilities utilized by the Secretary of
Veterans Affairs based on all medical
conditions (whether individually or
collectively) that render the member unfit for
duty; and
(B) make the determination of disability
regarding the member utilizing the rating of
disability assigned under subparagraph (A).
(3) Electronic clearing house.--Under one of the
pilot programs authorized by subsection (a), the
Secretary of Defense may establish and operate a single
Internet website for the disability evaluation system
of the Department of Defense that enables participating
members of the Armed Forces to fully utilize such
system through the Internet, with such Internet website
to include the following:
(A) The availability of any forms required
for the utilization of the disability
evaluation system by members of the Armed
Forces under the system.
(B) Secure mechanisms for the submission of
such forms by members of the Armed Forces under
the system, and for the tracking of the
acceptance and review of any forms so
submitted.
(C) Secure mechanisms for advising members
of the Armed Forces under the system of any
additional information, forms, or other items
that are required for the acceptance and review
of any forms so submitted.
(D) The continuous availability of
assistance to members of the Armed Forces under
the system (including assistance through the
caseworkers assigned to such members of the
Armed Forces) in submitting and tracking such
forms, including assistance in obtaining
information, forms, or other items described by
subparagraph (C).
(E) Secure mechanisms to request and
receive personnel files or other personnel
records of members of the Armed Forces under
the system that are required for submission
under the disability evaluation system,
including the capability to track requests for
such files or records and to determine the
status of such requests and of responses to
such requests.
(4) Other pilot programs.--The pilot programs
authorized by subsection (a) may also provide for the
development, evaluation, and identification of such
practices and procedures under the disability
evaluation system as the Secretary considers
appropriate for purposes set forth in subsection (c).
(c) Purposes.--A pilot program established under subsection
(a) may have one or more of the following purposes:
(1) To provide for the development, evaluation, and
identification of revised and improved practices and
procedures under the disability evaluation system in
order to--
(A) reduce the processing time under the
disability evaluation system of members of the
Armed Forces who are likely to be retired or
separated for disability, and who have not
requested continuation on active duty,
including, in particular, members who are
severely wounded;
(B) identify and implement or seek the
modification of statutory or administrative
policies and requirements applicable to the
disability evaluation system that--
(i) are unnecessary or contrary to
applicable best practices of civilian
employers and civilian healthcare
systems; or
(ii) otherwise result in hardship,
arbitrary, or inconsistent outcomes for
members of the Armed Forces, or
unwarranted inefficiencies and delays;
(C) eliminate material variations in
policies, interpretations, and overall
performance standards among the military
departments under the disability evaluation
system; and
(D) determine whether it enhances the
capability of the Department of Veterans
Affairs to receive and determine claims from
members of the Armed Forces for compensation,
pension, hospitalization, or other veterans
benefits.
(2) In conjunction with the findings and
recommendations of applicable Presidential and
Department of Defense study groups, to provide for the
eventual development of revised and improved practices
and procedures for the disability evaluation system in
order to achieve the objectives set forth in paragraph
(1).
(d) Utilization of Results in Updates of Comprehensive
Policy on Care, Management, and Transition of Recovering
Service Members.--The Secretary of Defense and the Secretary of
Veterans Affairs, acting jointly, may incorporate responses to
any findings and recommendations arising under the pilot
programs conducted under subsection (a) in updating the
comprehensive policy on the care and management of covered
service members under section 1611(a)(4).
(e) Construction With Other Authorities.--
(1) In general.--Subject to paragraph (2), in
carrying out a pilot program under subsection (a)--
(A) the rules and regulations of the
Department of Defense and the Department of
Veterans Affairs relating to methods of
determining fitness or unfitness for duty and
disability ratings for members of the Armed
Forces shall apply to the pilot program only to
the extent provided in the report on the pilot
program under subsection (g)(1); and
(B) the Secretary of Defense and the
Secretary of Veterans Affairs may waive any
provision of title 10, 37, or 38, United States
Code, relating to methods of determining
fitness or unfitness for duty and disability
ratings for members of the Armed Forces if the
Secretaries determine in writing that the
application of such provision would be
inconsistent with the purpose of the pilot
program.
(2) Limitation.--Nothing in paragraph (1) shall be
construed to authorize the waiver of any provision of
section 1216a of title 10, United States Code, as added
by section 1642 of this Act.
(f) Duration.--Each pilot program conducted under
subsection (a) shall be completed not later than one year after
the date of the commencement of such pilot program under that
subsection.
(g) Reports.--
(1) Initial report.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the appropriate committees of
Congress a report on each pilot program that has been
commenced as of that date under subsection (a). The
report shall include--
(A) a description of the scope and
objectives of the pilot program;
(B) a description of the methodology to be
used under the pilot program to ensure rapid
identification under such pilot program of
revised or improved practices under the
disability evaluation system in order to
achieve the objectives set forth in subsection
(c)(1); and
(C) a statement of any provision described
in subsection (e)(1)(B) that will not apply to
the pilot program by reason of a waiver under
that subsection.
(2) Interim report.--Not later than 180 days after
the date of the submittal of the report required by
paragraph (1) with respect to a pilot program, the
Secretary shall submit to the appropriate committees of
Congress a report describing the current status of the
pilot program.
(3) Final report.--Not later than 90 days after the
completion of all of the pilot programs conducted under
subsection (a), the Secretary shall submit to the
appropriate committees of Congress a report setting
forth a final evaluation and assessment of the pilot
programs. The report shall include such recommendations
for legislative or administrative action as the
Secretary considers appropriate in light of such pilot
programs.
SEC. 1645. REPORTS ON ARMY ACTION PLAN IN RESPONSE TO DEFICIENCIES IN
THE ARMY PHYSICAL DISABILITY EVALUATION SYSTEM.
(a) Reports Required.--Not later than June 1, 2008, and
June 1, 2009, the Secretary of Defense shall submit to the
congressional defense committees a report on the implementation
of corrective measures by the Department of Defense with
respect to the Physical Disability Evaluation System (PDES) in
response to the following:
(1) The report of the Inspector General of the Army
on that system of March 6, 2007.
(2) The report of the Independent Review Group on
Rehabilitation Care and Administrative Processes at
Walter Reed Army Medical Center and National Naval
Medical Center.
(3) The report of the Department of Veterans
Affairs Task Force on Returning Global War on Terror
Heroes.
(b) Elements of Report.--Each report under subsection (a)
shall include current information on the following:
(1) The total number of cases, and the number of
cases involving combat disabled service members,
pending resolution before the Medical and Physical
Disability Evaluation Boards of the Army, including
information on the number of members of the Army who
have been in a medical hold or holdover status for more
than each of 100, 200, and 300 days.
(2) The status of the implementation of
modifications to disability evaluation processes of the
Department of Defense in response to the following:
(A) The report of the Inspector General on
such processes dated March 6, 2007.
(B) The report of the Independent Review
Group on Rehabilitation Care and Administrative
Processes at Walter Reed Army Medical Center
and National Naval Medical Center.
(C) The report of the Department of
Veterans Affairs Task Force on Returning Global
War on Terror Heroes.
(c) Posting on Internet.--Not later than 24 hours after
submitting a report under subsection (a), the Secretary shall
post such report on the Internet website of the Department of
Defense that is available to the public.
SEC. 1646. ENHANCEMENT OF DISABILITY SEVERANCE PAY FOR MEMBERS OF THE
ARMED FORCES.
(a) In General.--Section 1212 of title 10, United States
Code, is amended--
(1) in subsection (a)(1), by striking ``his years
of service, but not more than 12, computed under
section 1208 of this title'' in the matter preceding
subparagraph (A) and inserting ``the member's years of
service computed under section 1208 of this title
(subject to the minimum and maximum years of service
provided for in subsection (c))'';
(2) by redesignating subsection (c) as subsection
(d); and
(3) by inserting after subsection (b) the following
new subsection (c):
``(c)(1) The minimum years of service of a member for
purposes of subsection (a)(1) shall be as follows:
``(A) Six years in the case of a member separated
from the armed forces for a disability incurred in line
of duty in a combat zone (as designated by the
Secretary of Defense for purposes of this subsection)
or incurred during the performance of duty in combat-
related operations as designated by the Secretary of
Defense.
``(B) Three years in the case of any other member.
``(2) The maximum years of service of a member for purposes
of subsection (a)(1) shall be 19 years.''.
(b) No Deduction From Compensation of Severance Pay for
Disabilities Incurred in Combat Zones.--Subsection (d) of such
section, as redesignated by subsection (a)(2) of this section,
is further amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) by striking the second sentence; and
(3) by adding at the end the following new
paragraphs:
``(2) No deduction may be made under paragraph (1) in the
case of disability severance pay received by a member for a
disability incurred in line of duty in a combat zone or
incurred during performance of duty in combat-related
operations as designated by the Secretary of Defense.
``(3) No deduction may be made under paragraph (1) from any
death compensation to which a member's dependents become
entitled after the member's death.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act, and
shall apply with respect to members of the Armed Forces
separated from the Armed Forces under chapter 61 of title 10,
United States Code, on or after that date.
SEC. 1647. ASSESSMENTS OF CONTINUING UTILITY AND FUTURE ROLE OF
TEMPORARY DISABILITY RETIRED LIST.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
containing--
(1) a statistical history since January 1, 2000, of
the numbers of members of the Armed Forces who are
returned to duty or separated following a tenure on the
temporary disability retired list and, in the case of
members who were separated, how many of the members
were granted disability separation or retirement and
what were their disability ratings;
(2) the results of the assessments required by
subsection (b); and
(3) such recommendations for the modification or
improvement of the temporary disability retired list as
the Secretary considers appropriate in response to the
assessments.
(b) Required Assessments.--The assessments required to be
conducted as part of the report under subsection (a) are the
following:
(1) An assessment of the continuing utility of the
temporary disability retired list in satisfying the
purposes for which the temporary disability retired
list was established.
(2) An assessment of the need to require that the
condition of a member be permanent and stable before
the member is separated with less than a 30 percent
disability rating prior to exceeding the maximum tenure
allowed on the temporary disability retired list.
(3) An assessment of the future role of the
temporary disability retired list in the Disability
Evaluation System of the Department of Defense and the
changes in policy and law required to fulfill the
future role of the temporary disability retire list.
SEC. 1648. STANDARDS FOR MILITARY MEDICAL TREATMENT FACILITIES,
SPECIALTY MEDICAL CARE FACILITIES, AND MILITARY
QUARTERS HOUSING PATIENTS AND ANNUAL REPORT ON SUCH
FACILITIES.
(a) Establishment of Standards.--The Secretary of Defense
shall establish for the military facilities of the Department
of Defense and the military departments referred to in
subsection (b) standards with respect to the matters set forth
in subsection (c). To the maximum extent practicable, the
standards shall--
(1) be uniform and consistent for all such
facilities; and
(2) be uniform and consistent throughout the
Department of Defense and the military departments.
(b) Covered Military Facilities.--The military facilities
covered by this section are the following:
(1) Military medical treatment facilities.
(2) Specialty medical care facilities.
(3) Military quarters or leased housing for
patients.
(c) Scope of Standards.--The standards required by
subsection (a) shall include the following:
(1) Generally accepted standards for the
accreditation of medical facilities, or for facilities
used to quarter individuals that may require medical
supervision, as applicable, in the United States.
(2) To the extent not inconsistent with the
standards described in paragraph (1), minimally
acceptable conditions for the following:
(A) Appearance and maintenance of
facilities generally, including the structure
and roofs of facilities.
(B) Size, appearance, and maintenance of
rooms housing or utilized by patients,
including furniture and amenities in such
rooms.
(C) Operation and maintenance of primary
and back-up facility utility systems and other
systems required for patient care, including
electrical systems, plumbing systems, heating,
ventilation, and air conditioning systems,
communications systems, fire protection
systems, energy management systems, and other
systems required for patient care.
(D) Compliance of facilities, rooms, and
grounds, to the maximum extent practicable,
with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.).
(E) Such other matters relating to the
appearance, size, operation, and maintenance of
facilities and rooms as the Secretary considers
appropriate.
(d) Compliance With Standards.--
(1) Deadline.--In establishing standards under
subsection (a), the Secretary shall specify a deadline
for compliance with such standards by each facility
referred to in subsection (b). The deadline shall be at
the earliest date practicable after the date of the
enactment of this Act, and shall, to the maximum extent
practicable, be uniform across the facilities referred
to in subsection (b).
(2) Investment.--In carrying out this section, the
Secretary shall also establish guidelines for
investment to be utilized by the Department of Defense
and the military departments in determining the
allocation of financial resources to facilities
referred to in subsection (b) in order to meet the
deadline specified under paragraph (1).
(e) Report on Development and Implementation of
Standards.--
(1) In general.--Not later than March 1, 2008, the
Secretary shall submit to the congressional defense
committees a report on the actions taken to carry out
subsection (a).
(2) Elements.--The report under paragraph (1) shall
include the following:
(A) The standards established under
subsection (a).
(B) An assessment of the appearance,
condition, and maintenance of each facility
referred to in subsection (b), including--
(i) an assessment of the compliance
of the facility with the standards
established under subsection (a); and
(ii) a description of any
deficiency or noncompliance in each
facility with the standards.
(C) A description of the investment to be
allocated to address each deficiency or
noncompliance identified under subparagraph
(B)(ii).
(f) Annual Report.--Not later than the date on which the
President submits the budget for a fiscal year to Congress
pursuant to section 1105 of title 31, United States Code, the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
adequacy, suitability, and quality of each facility referred to
in subsection (b). The Secretary shall include in each report
information regarding--
(1) any deficiencies in the adequacy, quality, or
state of repair of medical-related support facilities
raised as a result of information received during the
period covered by the report through the toll-free hot
line required by section 1616; and
(2) the investigations conducted and plans of
action prepared under such section to respond to such
deficiencies.
SEC. 1649. REPORTS ON ARMY MEDICAL ACTION PLAN IN RESPONSE TO
DEFICIENCIES IDENTIFIED AT WALTER REED ARMY MEDICAL
CENTER, DISTRICT OF COLUMBIA.
Not later than 30 days after the date of the enactment of
this Act, and every 180 days thereafter until March 1, 2009,
the Secretary of Defense shall submit to the congressional
defense committees a report on the implementation of the Army
Medical Action Plan to correct deficiencies identified in the
condition of facilities and patient administration.
SEC. 1650. REQUIRED CERTIFICATIONS IN CONNECTION WITH CLOSURE OF WALTER
REED ARMY MEDICAL CENTER, DISTRICT OF COLUMBIA.
(a) Certifications.--In implementing the decision to close
Walter Reed Army Medical Center, District of Columbia, required
as a result of the 2005 round of defense base closure and
realignment under the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; U.S.C.
2687 note), the Secretary of Defense shall submit to the
congressional defense committees a certification of each of the
following:
(1) That a transition plan has been developed, and
resources have been committed, to ensure that patient
care services, medical operations, and facilities are
sustained at the highest possible level at Walter Reed
Army Medical Center until facilities to replace Walter
Reed Army Medical Center are staffed and ready to
assume at least the same level of care previously
provided at Walter Reed Army Medical Center.
(2) That the closure of Walter Reed Army Medical
Center will not result in a net loss of capacity in the
major medical centers in the National Capitol Region in
terms of total bed capacity or staffed bed capacity.
(3) That the capacity of medical hold and
outpatient lodging facilities operating at Walter Reed
Army Medical Center as of the date of the certification
will be available in sufficient quantities at the
facilities designated to replace Walter Reed Army
Medical Center by the date of the closure of Walter
Reed Army Medical Center.
(b) Time for Submittal.--The Secretary shall submit the
certifications required by subsection (a) not later than 90
days after the date of the enactment of this Act. If the
Secretary is unable to make one or more of the certifications
by the end of the 90-day period, the Secretary shall notify the
congressional defense committees of the delay and the reasons
for the delay.
SEC. 1651. HANDBOOK FOR MEMBERS OF THE ARMED FORCES ON COMPENSATION AND
BENEFITS AVAILABLE FOR SERIOUS INJURIES AND
ILLNESSES.
(a) Information on Available Compensation and Benefits.--
Not later than October 1, 2008, the Secretary of Defense shall
develop and maintain, in handbook and electronic form, a
comprehensive description of the compensation and other
benefits to which a member of the Armed Forces, and the family
of such member, would be entitled upon the separation or
retirement of the member from the Armed Forces as a result of a
serious injury or illness. The handbook shall set forth the
range of such compensation and benefits based on grade, length
of service, degree of disability at separation or retirement,
and such other factors affecting such compensation and benefits
as the Secretary considers appropriate.
(b) Consultation.--The Secretary of Defense shall develop
and maintain the comprehensive description required by
subsection (a), including the handbook and electronic form of
the description, in consultation with the Secretary of Veterans
Affairs, the Secretary of Health and Human Services, and the
Commissioner of Social Security.
(c) Update.--The Secretary of Defense shall update the
comprehensive description required by subsection (a), including
the handbook and electronic form of the description, on a
periodic basis, but not less often than annually.
(d) Provision to Members.--The Secretary of the military
department concerned shall provide the descriptive handbook
under subsection (a) to each member of the Armed Forces
described in that subsection as soon as practicable following
the injury or illness qualifying the member for coverage under
such subsection.
(e) Provision to Representatives.--If a member is
incapacitated or otherwise unable to receive the descriptive
handbook to be provided under subsection (a), the handbook
shall be provided to the next of kin or a legal representative
of the member, as determined in accordance with regulations
prescribed by the Secretary of the military department
concerned for purposes of this section.
Subtitle E--Studies and Reports
SEC. 1661. STUDY ON PHYSICAL AND MENTAL HEALTH AND OTHER READJUSTMENT
NEEDS OF MEMBERS AND FORMER MEMBERS OF THE ARMED
FORCES WHO DEPLOYED IN OPERATION IRAQI FREEDOM AND
OPERATION ENDURING FREEDOM AND THEIR FAMILIES.
(a) Study Required.--The Secretary of Defense shall, in
consultation with the Secretary of Veterans Affairs, enter into
an agreement with the National Academy of Sciences for a study
on the physical and mental health and other readjustment needs
of members and former members of the Armed Forces who deployed
in Operation Iraqi Freedom or Operation Enduring Freedom and
their families as a result of such deployment.
(b) Phases.--The study required under subsection (a) shall
consist of two phases:
(1) A preliminary phase, to be completed not later
than one year after the date of the enactment of this
Act--
(A) to identify preliminary findings on the
physical and mental health and other
readjustment needs described in subsection (a)
and on gaps in care for the members, former
members, and families described in that
subsection; and
(B) to determine the parameters of the
second phase of the study under paragraph (2).
(2) A second phase, to be completed not later than
three years after the date of the enactment of this
Act, to carry out a comprehensive assessment, in
accordance with the parameters identified under the
preliminary report required by paragraph (1), of the
physical and mental health and other readjustment needs
of members and former members of the Armed Forces who
deployed in Operation Iraqi Freedom or Operation
Enduring Freedom and their families as a result of such
deployment, including, at a minimum--
(A) an assessment of the psychological,
social, and economic impacts of such deployment
on such members and former members and their
families;
(B) an assessment of the particular impacts
of multiple deployments in Operation Iraqi
Freedom or Operation Enduring Freedom on such
members and former members and their families;
(C) an assessment of the full scope of the
neurological, psychiatric, and psychological
effects of traumatic brain injury on members
and former members of the Armed Forces,
including the effects of such effects on the
family members of such members and former
members, and an assessment of the efficacy of
current treatment approaches for traumatic
brain injury in the United States and the
efficacy of screenings and treatment approaches
for traumatic brain injury within the
Department of Defense and the Department of
Veterans Affairs;
(D) an assessment of the effects of
undiagnosed injuries such as post-traumatic
stress disorder and traumatic brain injury, an
estimate of the long-term costs associated with
such injuries, and an assessment of the
efficacy of screenings and treatment approaches
for post-traumatic stress disorder and other
mental health conditions within the Department
of Defense and Department of Veterans Affairs;
(E) an assessment of the gender- and ethnic
group-specific needs and concerns of members of
the Armed Forces and veterans;
(F) an assessment of the particular needs
and concerns of children of members of the
Armed Forces, taking into account differing age
groups, impacts on development and education,
and the mental and emotional well being of
children;
(G) an assessment of the particular
educational and vocational needs of such
members and former members and their families,
and an assessment of the efficacy of existing
educational and vocational programs to address
such needs;
(H) an assessment of the impacts on
communities with high populations of military
families, including military housing
communities and townships with deployed members
of the National Guard and Reserve, of
deployments associated with Operation Iraqi
Freedom and Operation Enduring Freedom, and an
assessment of the efficacy of programs that
address community outreach and education
concerning military deployments of community
residents;
(I) an assessment of the impacts of
increasing numbers of older and married members
of the Armed Forces on readjustment
requirements;
(J) the development, based on such
assessments, of recommendations for programs,
treatments, or policy remedies targeted at
preventing, minimizing, or addressing the
impacts, gaps, and needs identified; and
(K) the development, based on such
assessments, of recommendations for additional
research on such needs.
(c) Populations To Be Studied.--The study required under
subsection (a) shall consider the readjustment needs of each
population of individuals as follows:
(1) Members of the regular components of the Armed
Forces who are returning, or have returned, to the
United States from deployment in Operation Iraqi
Freedom or Operation Enduring Freedom.
(2) Members of the National Guard and Reserve who
are returning, or have returned, to the United States
from deployment in Operation Iraqi Freedom or Operation
Enduring Freedom.
(3) Veterans of Operation Iraqi Freedom or
Operation Enduring Freedom.
(4) Family members of the members and veterans
described in paragraphs (1) through (3).
(d) Access to Information.--The National Academy of
Sciences shall have access to such personnel, information,
records, and systems of the Department of Defense and the
Department of Veterans Affairs as the National Academy of
Sciences requires in order to carry out the study required
under subsection (a).
(e) Privacy of Information.--The National Academy of
Sciences shall maintain any personally identifiable information
accessed by the Academy in carrying out the study required
under subsection (a) in accordance with all applicable laws,
protections, and best practices regarding the privacy of such
information, and may not permit access to such information by
any persons or entities not engaged in work under the study.
(f) Reports by National Academy of Sciences.--Upon the
completion of each phase of the study required under subsection
(a), the National Academy of Sciences shall submit to the
Secretary of Defense, the Secretary of Veterans Affairs, and
the congressional defense committees a report on such phase of
the study.
(g) DoD and VA Response to NAS Reports.--Not later than 90
days after the receipt of a report under subsection (f) on each
phase of the study required under subsection (a), the Secretary
of Defense and the Secretary of Veterans Affairs shall develop
a final joint Department of Defense-Department of Veterans
Affairs response to the findings and recommendations of the
National Academy of Sciences contained in such report.
SEC. 1662. ACCESS OF RECOVERING SERVICE MEMBERS TO ADEQUATE OUTPATIENT
RESIDENTIAL FACILITIES.
(a) Required Inspections of Facilities.--All quarters of
the United States and housing facilities under the jurisdiction
of the Armed Forces that are occupied by recovering service
members shall be inspected on a semiannual basis for the first
two years after the enactment of this Act and annually
thereafter by the inspectors general of the regional medical
commands.
(b) Inspector General Reports.--The inspector general for
each regional medical command shall--
(1) submit a report on each inspection of a
facility conducted under subsection (a) to the post
commander at such facility, the commanding officer of
the hospital affiliated with such facility, the surgeon
general of the military department that operates such
hospital, the Secretary of the military department
concerned, the Assistant Secretary of Defense for
Health Affairs, and the congressional defense
committees; and
(2) post each such report on the Internet website
of such regional medical command.
SEC. 1663. STUDY AND REPORT ON SUPPORT SERVICES FOR FAMILIES OF
RECOVERING SERVICE MEMBERS.
(a) Study Required.--The Secretary of Defense shall conduct
a study of the provision of support services for families of
recovering service members.
(b) Matters Covered.--The study under subsection (a) shall
include the following:
(1) A determination of the types of support
services, including job placement services, that are
currently provided by the Department of Defense to
eligible family members, and the cost of providing such
services.
(2) A determination of additional types of support
services that would be feasible for the Department to
provide to such family members, and the costs of
providing such services, including the following types
of services:
(A) The provision of medical care at
military medical treatment facilities.
(B) The provision of additional employment
services, and the need for employment
protection, of such family members who are
placed on leave from employment or otherwise
displaced from employment while caring for a
recovering service member for more than 45 days
during a one-year period.
(C) The provision of meals without charge
at military medical treatment facilities.
(3) A survey of military medical treatment
facilities to estimate the number of family members to
whom the support services would be provided.
(4) A determination of any discrimination in
employment that such family members experience,
including denial of retention in employment, promotion,
or any benefit of employment by an employer on the
basis of the person's absence from employment, and a
determination, in consultation with the Secretary of
Labor, of the options available for such family
members.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the study, with such
findings and recommendations as the Secretary considers
appropriate.
SEC. 1664. REPORT ON TRAUMATIC BRAIN INJURY CLASSIFICATIONS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense and the Secretary of
Veterans Affairs jointly shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report describing the changes undertaken within the Department
of Defense and the Department of Veterans Affairs to ensure
that traumatic brain injury victims receive a medical
designation concomitant with their injury rather than a medical
designation that assigns a generic classification (such as
``organic psychiatric disorder'').
SEC. 1665. EVALUATION OF THE POLYTRAUMA LIAISON OFFICER/NON-
COMMISSIONED OFFICER PROGRAM.
(a) Evaluation Required.--The Secretary of Defense shall
conduct an evaluation of the Polytrauma Liaison Officer/Non-
Commissioned Officer program, which is the program operated by
each of the military departments and the Department of Veterans
Affairs for the purpose of--
(1) assisting in the seamless transition of members
of the Armed Forces from the Department of Defense
health care system to the Department of Veterans
Affairs system; and
(2) expediting the flow of information and
communication between military treatment facilities and
the Veterans Affairs Polytrauma Centers.
(b) Matters Covered.--The evaluation of the Polytrauma
Liaison Officer/Non-Commissioned Officer program shall include
an evaluation of the following:
(1) The program's effectiveness in the following
areas:
(A) Handling of military patient transfers.
(B) Ability to access military records in a
timely manner.
(C) Collaboration with Polytrauma Center
treatment teams.
(D) Collaboration with veteran service
organizations.
(E) Functioning as the Polytrauma Center's
subject-matter expert on military issues.
(F) Supporting and assisting family
members.
(G) Providing education, information, and
referrals to members of the Armed Forces and
their family members.
(H) Functioning as uniformed advocates for
members of the Armed Forces and their family
members.
(I) Inclusion in Polytrauma Center
meetings.
(J) Completion of required administrative
reporting.
(K) Ability to provide necessary
administrative support to all members of the
Armed Forces.
(2) Manpower requirements to effectively carry out
all required functions of the Polytrauma Liaison
Officer/Non-Commissioned Officer program given current
and expected case loads.
(3) Expansion of the program to incorporate Navy
and Marine Corps officers and senior enlisted
personnel.
(c) Reporting Requirement.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report containing--
(1) the results of the evaluation; and
(2) recommendations for any improvements in the
program.
Subtitle F--Other Matters
SEC. 1671. PROHIBITION ON TRANSFER OF RESOURCES FROM MEDICAL CARE.
Neither the Secretary of Defense nor the Secretaries of the
military departments may transfer funds or personnel from
medical care functions to administrative functions within the
Department of Defense in order to comply with the new
administrative requirements imposed by this title or the
amendments made by this title.
SEC. 1672. MEDICAL CARE FOR FAMILIES OF MEMBERS OF THE ARMED FORCES
RECOVERING FROM SERIOUS INJURIES OR ILLNESSES.
(a) Medical Care at Military Medical Facilities.--
(1) Medical care.--A family member of a recovering
service member who is not otherwise eligible for
medical care at a military medical treatment facility
may be eligible for such care at such facilities, on a
space-available basis, if the family member is--
(A) on invitational orders while caring for
the service member;
(B) a non-medical attendee caring for the
service member; or
(C) receiving per diem payments from the
Department of Defense while caring for the
service member.
(2) Specification of family members.--The Secretary
of Defense may prescribe in regulations the family
members of recovering service members who shall be
considered to be a family member of a service member
for purposes of this subsection.
(3) Specification of care.--The Secretary of
Defense shall prescribe in regulations the medical care
that may be available to family members under this
subsection at military medical treatment facilities.
(4) Recovery of costs.--The United States may
recover the costs of the provision of medical care
under this subsection as follows (as applicable):
(A) From third-party payers, in the same
manner as the United States may collect costs
of the charges of health care provided to
covered beneficiaries from third-party payers
under section 1095 of title 10, United States
Code.
(B) As if such care was provided under the
authority of section 1784 of title 38, United
States Code.
(b) Medical Care at Department of Veterans Affairs Medical
Facilities.--
(1) Medical care.--When a recovering service member
is receiving hospital care and medical services at a
medical facility of the Department of Veterans Affairs,
the Secretary of Veterans Affairs may provide medical
care for eligible family members under this section
when that care is readily available at that Department
facility and on a space-available basis.
(2) Regulations.--The Secretary of Veterans Affairs
shall prescribe in regulations the medical care that
may be available to family members under this
subsection at medical facilities of the Department of
Veterans Affairs.
SEC. 1673. IMPROVEMENT OF MEDICAL TRACKING SYSTEM FOR MEMBERS OF THE
ARMED FORCES DEPLOYED OVERSEAS.
(a) Protocol for Assessment of Cognitive Functioning.--
(1) Protocol required.--Subsection (b) of section
1074f of title 10, United States Code, is amended--
(A) in paragraph (2), by adding at the end
the following new subparagraph:
``(C) An assessment of post-traumatic stress
disorder.''; and
(B) by adding at the end the following new
paragraph:
``(3)(A) The Secretary shall establish for purposes of
subparagraphs (B) and (C) of paragraph (2) a protocol for the
predeployment assessment and documentation of the cognitive
(including memory) functioning of a member who is deployed
outside the United States in order to facilitate the assessment
of the postdeployment cognitive (including memory) functioning
of the member.
``(B) The protocol under subparagraph (A) shall include
appropriate mechanisms to permit the differential diagnosis of
traumatic brain injury in members returning from deployment in
a combat zone.''.
(2) Pilot projects.--(A) In developing the protocol
required by paragraph (3) of section 1074f(b) of title
10, United States Code (as amended by paragraph (1) of
this subsection), for purposes of assessments for
traumatic brain injury, the Secretary of Defense shall
conduct up to three pilot projects to evaluate various
mechanisms for use in the protocol for such purposes.
One of the mechanisms to be so evaluated shall be a
computer-based assessment tool which shall, at a
minimum, include the following:
(i) Administration of computer-based
neurocognitive assessment.
(ii) Pre-deployment assessments to
establish a neurocognitive baseline for members
of the Armed Forces for future treatment.
(B) Not later than 60 days after the completion of
the pilot projects conducted under this paragraph, the
Secretary shall submit to the appropriate committees of
Congress a report on the pilot projects. The report
shall include--
(i) a description of the pilot projects so
conducted;
(ii) an assessment of the results of each
such pilot project; and
(iii) a description of any mechanisms
evaluated under each such pilot project that
will be incorporated into the protocol.
(C) Not later than 180 days after completion of the
pilot projects conducted under this paragraph, the
Secretary shall establish a means for implementing any
mechanism evaluated under such a pilot project that is
selected for incorporation in the protocol.
(b) Quality Assurance.--Subsection (d)(2) of section 1074f
of title 10, United States Code, is amended by adding at the
end the following new subparagraph:
``(F) The diagnosis and treatment of traumatic
brain injury and post-traumatic stress disorder.''.
(c) Standards for Deployment.--Subsection (f) of such
section is amended--
(1) in the subsection heading, by striking ``Mental
Health''; and
(2) in paragraph (2)(B), by striking ``or'' and
inserting ``, traumatic brain injury, or''.
SEC. 1674. GUARANTEED FUNDING FOR WALTER REED ARMY MEDICAL CENTER,
DISTRICT OF COLUMBIA.
(a) Minimum Funding.--The amount of funds available for the
commander of Walter Reed Army Medical Center, District of
Columbia, for a fiscal year shall be not less than the amount
expended by the commander of Walter Reed Army Medical Center in
fiscal year 2006 until the first fiscal year beginning after
the date on which the Secretary of Defense submits to the
congressional defense committees a plan for the provision of
health care for military beneficiaries and their dependents in
the National Capital Region.
(b) Matters Covered.--The plan under subsection (a) shall
at a minimum include--
(1) the manner in which patients, staff, bed
capacity, and functions will move from the Walter Reed
Army Medical Center to expanded facilities;
(2) a timeline, including milestones, for such
moves;
(3) projected budgets, including planned budget
transfers, for military treatment facilities within the
region;
(4) the management or disposition of real property
of military treatment facilities within the region; and
(5) staffing projections for the region.
(c) Certification.--After submission of the plan under
subsection (a) to the congressional defense committees, the
Secretary shall certify to such committees on a quarterly basis
that patients, staff, bed capacity, functions, or parts of
functions at Walter Reed Army Medical Center have not been
moved or disestablished until the expanded facilities at the
National Naval Medical Center, Bethesda, Maryland, and DeWitt
Army Community Hospital, Fort Belvoir, Virginia, are completed,
equipped, and staffed with sufficient capacity to accept and
provide, at a minimum, the same level of and access to care as
patients received at Walter Reed Army Medical Center during
fiscal year 2006.
(d) Definitions.--In this section:
(1) The term ``expanded facilities'' means the
other two military hospitals/medical centers within the
National Capital Region, namely--
(A) the National Naval Medical Center,
Bethesda, Maryland (or its successor resulting
from implementation of the recommendations of
the 2005 Defense Base Closure and Realignment
Commission); and
(B) the DeWitt Army Community Hospital,
Fort Belvoir, Virginia.
(2) The term ``National Capital Region'' has the
meaning given that term in section 2674(f) of title 10,
United States Code.
SEC. 1675. USE OF LEAVE TRANSFER PROGRAM BY WOUNDED VETERANS WHO ARE
FEDERAL EMPLOYEES.
(a) In General.--Section 6333(b) of title 5, United States
Code, is amended--
(1) by striking ``(b)'' and inserting ``(b)(1)'';
and
(2) by adding at the end the following new
paragraph:
``(2)(A) The requirement under paragraph (1) relating to
exhaustion of annual and sick leave shall not apply in the case
of a leave recipient who--
``(i) sustains a combat-related disability while a
member of the armed forces, including a reserve
component of the armed forces; and
``(ii) is undergoing medical treatment for that
disability.
``(B) Subparagraph (A) shall apply to a member described in
such subparagraph only so long as the member continues to
undergo medical treatment for the disability, but in no event
for longer than 5 years from the start of such treatment.
``(C) For purposes of this paragraph--
``(i) the term `combat-related disability' has the
meaning given such term by section 1413a(e) of title
10; and
``(ii) the term `medical treatment' has such
meaning as the Office of Personnel Management shall by
regulation prescribe.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act,
except that, in the case of a leave recipient who is undergoing
medical treatment on such date of enactment, section
6333(b)(2)(B) of title 5, United States Code (as amended by
this section) shall be applied as if it had been amended by
inserting ``or the date of the enactment of this subsection,
whichever is later'' after ``the start of such treatment''.
SEC. 1676. MORATORIUM ON CONVERSION TO CONTRACTOR PERFORMANCE OF
DEPARTMENT OF DEFENSE FUNCTIONS AT MILITARY MEDICAL
FACILITIES.
(a) Moratorium.--No study or competition may be begun or
announced pursuant to section 2461 of title 10, United States
Code, or otherwise pursuant to Office of Management and Budget
circular A-76, relating to the possible conversion to
performance by a contractor of any Department of Defense
function carried out at a military medical facility until the
Secretary of Defense--
(1) submits the certification required by
subsection (b) to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the
House of Representatives together with a description of
the steps taken by the Secretary in accordance with the
certification; and
(2) submits the report required by subsection (c).
(b) Certification.--The certification referred to in
paragraph (a)(1) is a certification that the Secretary has
taken appropriate steps to ensure that neither the quality of
military medical care nor the availability of qualified
personnel to carry out Department of Defense functions related
to military medical care will be adversely affected by either--
(1) the process of considering a Department of
Defense function carried out at a military medical
facility for possible conversion to performance by a
contractor; or
(2) the conversion of such a function to
performance by a contractor.
(c) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report on the public-private competitions
being conducted for Department of Defense functions carried out
at military medical facilities as of the date of the enactment
of this Act by each military department and defense agency.
Such report shall include--
(1) for each such competition--
(A) the cost of conducting the public-
private competition;
(B) the number of military personnel and
civilian employees of the Department of Defense
affected;
(C) the estimated savings identified and
the savings actually achieved;
(D) an evaluation whether the anticipated
and budgeted savings can be achieved through a
public-private competition; and
(E) the effect of converting the
performance of the function to performance by a
contractor on the quality of the performance of
the function; and
(2) an assessment of whether any method of business
reform or reengineering other than a public-private
competition could, if implemented in the future,
achieve any anticipated or budgeted savings.
TITLE XVII--VETERANS MATTERS
Sec. 1701. Sense of Congress on Department of Veterans Affairs efforts
in the rehabilitation and reintegration of veterans with
traumatic brain injury.
Sec. 1702. Individual rehabilitation and community reintegration plans
for veterans and others with traumatic brain injury.
Sec. 1703. Use of non-Department of Veterans Affairs facilities for
implementation of rehabilitation and community reintegration
plans for traumatic brain injury.
Sec. 1704. Research, education, and clinical care program on traumatic
brain injury.
Sec. 1705. Pilot program on assisted living services for veterans with
traumatic brain injury.
Sec. 1706. Provision of age-appropriate nursing home care.
Sec. 1707. Extension of period of eligibility for health care for
veterans of combat service during certain periods of
hostilities and war.
Sec. 1708. Service-connection and assessments for mental health
conditions in veterans.
Sec. 1709. Modification of requirements for furnishing outpatient dental
services to veterans with service-connected dental conditions
or disabilities.
Sec. 1710. Clarification of purpose of outreach services program of
Department of Veterans Affairs.
Sec. 1711. Designation of fiduciary or trustee for purposes of Traumatic
Servicemembers' Group Life Insurance.
SEC. 1701. SENSE OF CONGRESS ON DEPARTMENT OF VETERANS AFFAIRS EFFORTS
IN THE REHABILITATION AND REINTEGRATION OF VETERANS
WITH TRAUMATIC BRAIN INJURY.
It is the sense of Congress that--
(1) the Department of Veterans Affairs is a leader
in the field of traumatic brain injury care and
coordination of such care;
(2) the Department of Veterans Affairs should have
the capacity and expertise to provide veterans who have
a traumatic brain injury with patient-centered health
care, rehabilitation, and community integration
services that are comparable to or exceed similar care
and services available to persons with such injuries in
the academic and private sector;
(3) rehabilitation for veterans who have a
traumatic brain injury should be individualized,
comprehensive, and interdisciplinary with the goals of
optimizing the independence of such veterans and
reintegrating them into their communities;
(4) family support is integral to the
rehabilitation and community reintegration of veterans
who have sustained a traumatic brain injury, and the
Department should provide the families of such veterans
with education and support;
(5) the Department of Defense and the Department of
Veterans Affairs have made efforts to provide a smooth
transition of medical care and rehabilitative services
to individuals as they transition from the health care
system of the Department of Defense to that of the
Department of Veterans Affairs, but more can be done to
assist veterans and their families in the continuum of
the rehabilitation, recovery, and reintegration of
wounded or injured veterans into their communities;
(6) in planning for rehabilitation and community
reintegration of veterans who have a traumatic brain
injury, it is necessary for the Department of Veterans
Affairs to provide a system for life-long case
management for such veterans; and
(7) in such system for life-long case management,
it is necessary to conduct outreach and to tailor
specialized traumatic brain injury case management and
outreach to the unique needs of veterans with traumatic
brain injury who reside in urban and non-urban
settings.
SEC. 1702. INDIVIDUAL REHABILITATION AND COMMUNITY REINTEGRATION PLANS
FOR VETERANS AND OTHERS WITH TRAUMATIC BRAIN
INJURY.
(a) In General.--Subchapter II of chapter 17 of title 38,
United States Code, is amended by inserting after section 1710B
the following new sections:
``Sec. 1710C. Traumatic brain injury: plans for rehabilitation and
reintegration into the community
``(a) Plan Required.--The Secretary shall, for each
individual who is a veteran or member of the Armed Forces who
receives inpatient or outpatient rehabilitative hospital care
or medical services provided by the Department for a traumatic
brain injury--
``(1) develop an individualized plan for the
rehabilitation and reintegration of the individual into
the community; and
``(2) provide such plan in writing to the
individual--
``(A) in the case of an individual
receiving inpatient care, before the individual
is discharged from inpatient care or after the
individual's transition from serving on active
duty as a member of the Armed Forces to
receiving outpatient care provided by the
Department; or
``(B) as soon as practicable following a
diagnosis of traumatic brain injury by a
Department health care provider.
``(b) Contents of Plan.--Each plan developed under
subsection (a) shall include, for the individual covered by
such plan, the following:
``(1) Rehabilitation objectives for improving the
physical, cognitive, and vocational functioning of the
individual with the goal of maximizing the independence
and reintegration of such individual into the
community.
``(2) Access, as warranted, to all appropriate
rehabilitative components of the traumatic brain injury
continuum of care, and where appropriate, to long-term
care services.
``(3) A description of specific rehabilitative
treatments and other services to achieve the objectives
described in paragraph (1), which shall set forth the
type, frequency, duration, and location of such
treatments and services.
``(4) The name of the case manager designated in
accordance with subsection (d) to be responsible for
the implementation of such plan.
``(5) Dates on which the effectiveness of such plan
will be reviewed in accordance with subsection (f).
``(c) Comprehensive Assessment.--(1) Each plan developed
under subsection (a) shall be based on a comprehensive
assessment, developed in accordance with paragraph (2), of--
``(A) the physical, cognitive, vocational, and
neuropsychological and social impairments of the
individual; and
``(B) the family education and family support needs
of the individual after the individual is discharged
from inpatient care or at the commencement of and
during the receipt of outpatient care and services.
``(2) The comprehensive assessment required under paragraph
(1) with respect to an individual is a comprehensive assessment
of the matters set forth in that paragraph by a team, composed
by the Secretary for purposes of the assessment, of individuals
with expertise in traumatic brain injury, including any of the
following:
``(A) A neurologist.
``(B) A rehabilitation physician.
``(C) A social worker.
``(D) A neuropsychologist.
``(E) A physical therapist.
``(F) A vocational rehabilitation specialist.
``(G) An occupational therapist.
``(H) A speech language pathologist.
``(I) A rehabilitation nurse.
``(J) An educational therapist.
``(K) An audiologist.
``(L) A blind rehabilitation specialist.
``(M) A recreational therapist.
``(N) A low vision optometrist.
``(O) An orthotist or prosthetist.
``(P) An assistive technologist or rehabilitation
engineer.
``(Q) An otolaryngology physician.
``(R) A dietician.
``(S) An opthamologist.
``(T) A psychiatrist.
``(d) Case Manager.--(1) The Secretary shall designate a
case manager for each individual described in subsection (a) to
be responsible for the implementation of the plan developed for
that individual under that subsection and the coordination of
the individual's medical care.
``(2) The Secretary shall ensure that each case manager has
specific expertise in the care required by the individual for
whom the case manager is designated, regardless of whether the
case manager obtains such expertise through experience,
education, or training.
``(e) Participation and Collaboration in Development of
Plans.--(1) The Secretary shall involve each individual
described in subsection (a), and the family or legal guardian
of such individual, in the development of the plan for such
individual under that subsection to the maximum extent
practicable.
``(2) The Secretary shall collaborate in the development of
a plan for an individual under subsection (a) with a State
protection and advocacy system if--
``(A) the individual covered by the plan requests
such collaboration; or
``(B) in the case of such an individual who is
incapacitated, the family or guardian of the individual
requests such collaboration.
``(3) In the case of a plan required by subsection (a) for
a member of the Armed Forces who is serving on active duty, the
Secretary shall collaborate with the Secretary of Defense in
the development of such plan.
``(4) In developing vocational rehabilitation objectives
required under subsection (b)(1) and in conducting the
assessment required under subsection (c), the Secretary shall
act through the Under Secretary for Health in coordination with
the Vocational Rehabilitation and Employment Service of the
Department of Veterans Affairs.
``(f) Evaluation.--
``(1) Periodic review by secretary.--The Secretary
shall periodically review the effectiveness of each
plan developed under subsection (a). The Secretary
shall refine each such plan as the Secretary considers
appropriate in light of such review.
``(2) Request for review by veterans.--In addition
to the periodic review required by paragraph (1), the
Secretary shall conduct a review of the plan for an
individual under paragraph (1) at the request of the
individual, or in the case of an individual who is
incapacitated, at the request of the guardian or
designee of the individual.
``(g) State Designated Protection and Advocacy System
Defined.--In this section, the term `State protection and
advocacy system' means a system established in a State under
subtitle C of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.) to protect
and advocate for the rights of persons with development
disabilities.
``Sec. 1710D. Traumatic brain injury: comprehensive program for long-
term rehabilitation
``(a) Comprehensive Program.--In developing plans for the
rehabilitation and reintegration of individuals with traumatic
brain injury under section 1710C of this title, the Secretary
shall develop and carry out a comprehensive program of long-
term care for post-acute traumatic brain injury rehabilitation
that includes residential, community, and home-based components
utilizing interdisciplinary treatment teams.
``(b) Location of Program.--The Secretary shall carry out
the program developed under subsection (a) in each Department
polytrauma rehabilitation center designated by the Secretary.
``(c) Eligibility.--A veteran is eligible for care under
the program developed under subsection (a) if the veteran is
otherwise eligible to receive hospital care and medical
services under section 1710 of this title and--
``(1) served on active duty in a theater of combat
operations (as determined by the Secretary in
consultation with the Secretary of Defense) during a
period of war after the Persian Gulf War, or in combat
against a hostile force during a period of hostilities
(as defined in section 1712A(a)(2)(B) of this title)
after November 11, 1998;
``(2) is diagnosed as suffering from moderate to
severe traumatic brain injury; and
``(3) is unable to manage routine activities of
daily living without supervision or assistance, as
determined by the Secretary.
``(d) Report.--Not later than one year after the date of
the enactment of this section, and annually thereafter, the
Secretary shall submit to the Committees on Veterans' Affairs
of the Senate and the House of Representatives a report
containing the following information:
``(1) A description of the operation of the
program.
``(2) The number of veterans provided care under
the program during the year preceding such report.
``(3) The cost of operating the program during the
year preceding such report.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1710B the following new items:
``1710C. Traumatic brain injury: plans for rehabilitation and
reintegration into the community.
``1710D. Traumatic brain injury: comprehensive plan for long-term
rehabilitation.''.
SEC. 1703. USE OF NON-DEPARTMENT OF VETERANS AFFAIRS FACILITIES FOR
IMPLEMENTATION OF REHABILITATION AND COMMUNITY
REINTEGRATION PLANS FOR TRAUMATIC BRAIN INJURY.
(a) In General.--Subchapter II of chapter 17 of title 38,
United States Code, is amended by inserting after section
1710D, as added by section 1702, the following new section:
``Sec. 1710E. Traumatic brain injury: use of non-Department facilities
for rehabilitation
``(a) Cooperative Agreements.--The Secretary, in
implementing and carrying out a plan developed under section
1710C of this title, may provide hospital care and medical
services through cooperative agreements with appropriate public
or private entities that have established long-term
neurobehavioral rehabilitation and recovery programs.
``(b) Authorities of State Protection and Advocacy
Systems.--Nothing in subtitle C of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 shall be
construed as preventing a State protection and advocacy system
(as defined in section 1710C(g) of this title) from exercising
the authorities described in such subtitle with respect to
individuals provided rehabilitative treatment or services under
section 1710C of this title in a non-Department facility.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1710D, as added by section 1702, the
following new item:
``1710E. Traumatic brain injury: use of non-Departmental facilities for
rehabilitation.''.
SEC. 1704. RESEARCH, EDUCATION, AND CLINICAL CARE PROGRAM ON TRAUMATIC
BRAIN INJURY.
(a) In General.--To improve the provision of health care by
the Department of Veterans Affairs to veterans with traumatic
brain injuries, the Secretary of Veterans Affairs shall--
(1) conduct research, including--
(A) research on the sequelae of mild to
severe forms of traumatic brain injury;
(B) research on visually-related
neurological conditions;
(C) research on seizure disorders;
(D) research on means of improving the
diagnosis, rehabilitative treatment, and
prevention of such sequelae;
(E) research to determine the most
effective cognitive and physical therapies for
such sequelae;
(F) research on dual diagnosis of post-
traumatic stress disorder and traumatic brain
injury;
(G) research on improving facilities of the
Department concentrating on traumatic brain
injury care; and
(H) research on improving the delivery of
traumatic brain injury care by the Department;
(2) educate and train health care personnel of the
Department in recognizing and treating traumatic brain
injury; and
(3) develop improved models and systems for the
furnishing of traumatic brain injury care by the
Department.
(b) Collaboration.--In carrying out research under
subsection (a), the Secretary of Veterans Affairs shall
collaborate with--
(1) facilities that conduct research on
rehabilitation for individuals with traumatic brain
injury;
(2) facilities that receive grants for such
research from the National Institute on Disability and
Rehabilitation Research of the Department of Education;
and
(3) the Defense and Veterans Brain Injury Center of
the Department of Defense and other relevant programs
of the Federal Government (including Centers of
Excellence).
(c) Dissemination of Useful Information.--The Under
Secretary of Veterans Affairs for Health shall ensure that
information produced by the research, education and training,
and clinical activities conducted under this section that may
be useful for other activities of the Veterans Health
Administration is disseminated throughout the Veterans Health
Administration.
(d) Traumatic Brain Injury Registry.--
(1) In general.--The Secretary of Veterans Affairs
shall establish and maintain a registry to be known as
the ``Traumatic Brain Injury Veterans Health Registry''
(in this section referred to as the ``Registry'').
(2) Description.--The Registry shall include the
following information:
(A) A list containing the name of each
individual who served as a member of the Armed
Forces in Operation Enduring Freedom or
Operation Iraqi Freedom who exhibits symptoms
associated with traumatic brain injury, as
determined by the Secretary of Veterans
Affairs, and who--
(i) applies for care and services
furnished by the Department of Veterans
Affairs under chapter 17 of title 38,
United States Code; or
(ii) files a claim for compensation
under chapter 11 of such title on the
basis of any disability which may be
associated with such service.
(B) Any relevant medical data relating to
the health status of an individual described in
subparagraph (A) and any other information the
Secretary considers relevant and appropriate
with respect to such an individual if the
individual--
(i) grants permission to the
Secretary to include such information
in the Registry; or
(ii) is deceased at the time such
individual is listed in the Registry.
(3) Notification.--When possible, the Secretary
shall notify each individual listed in the Registry of
significant developments in research on the health
consequences of military service in the Operation
Enduring Freedom and Operation Iraqi Freedom theaters
of operations.
SEC. 1705. PILOT PROGRAM ON ASSISTED LIVING SERVICES FOR VETERANS WITH
TRAUMATIC BRAIN INJURY.
(a) Pilot Program.--Beginning not later than 90 days after
the date of the enactment of this Act, the Secretary of
Veterans Affairs, in collaboration with the Defense and
Veterans Brain Injury Center of the Department of Defense,
shall carry out a five-year pilot program to assess the
effectiveness of providing assisted living services to eligible
veterans to enhance the rehabilitation, quality of life, and
community integration of such veterans.
(b) Program Locations.--
(1) In general.--The pilot program shall be carried
out at locations selected by the Secretary for purposes
of the pilot program. Of the locations so selected--
(A) at least one location shall be in each
health care region of the Veterans Health
Administration of the Department of Veterans
Affairs that contains a polytrauma center of
the Department of Veterans Affairs; and
(B) any location other than a location
described in subparagraph (A) shall be in an
area that contains a high concentration of
veterans with traumatic brain injuries, as
determined by the Secretary.
(2) Special consideration for veterans in rural
areas.--The Secretary shall give special consideration
to providing veterans in rural areas with an
opportunity to participate in the pilot program.
(c) Provision of Assisted Living Services.--
(1) Agreements.--In carrying out the pilot program,
the Secretary may enter into agreements for the
provision of assisted living services on behalf of
eligible veterans with a provider participating under a
State plan or waiver under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
(2) Standards.--The Secretary may not place,
transfer, or admit a veteran to any facility for
assisted living services under the pilot program unless
the Secretary determines that the facility meets such
standards as the Secretary may prescribe for purposes
of the pilot program. Such standards shall, to the
extent practicable, be consistent with the standards of
Federal, State, and local agencies charged with the
responsibility of licensing or otherwise regulating or
inspecting such facilities.
(d) Continuation of Case Management and Rehabilitation
Services.--In carrying out the pilot program, the Secretary
shall--
(1) continue to provide each veteran who is
receiving assisted living services under the pilot
program with rehabilitative services; and
(2) designate employees of the Veterans Health
Administration of the Department of Veterans Affairs to
furnish case management services for veterans
participating in the pilot program.
(e) Report.--
(1) In general.--Not later than 60 days after the
completion of the pilot program, the Secretary shall
submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report on the
pilot program.
(2) Contents.--The report required by paragraph (1)
shall include the following:
(A) A description of the pilot program.
(B) An assessment of the utility of the
activities under the pilot program in enhancing
the rehabilitation, quality of life, and
community reintegration of veterans with
traumatic brain injury.
(C) Such recommendations as the Secretary
considers appropriate regarding the extension
or expansion of the pilot program.
(f) Definitions.--In this section:
(1) The term ``assisted living services'' means
services of a facility in providing room, board, and
personal care for and supervision of residents for
their health, safety, and welfare.
(2) The term ``case management services'' includes
the coordination and facilitation of all services
furnished to a veteran by the Department of Veterans
Affairs, either directly or through a contract,
including assessment of needs, planning, referral
(including referral for services to be furnished by the
Department, either directly or through a contract, or
by an entity other than the Department), monitoring,
reassessment, and followup.
(3) The term ``eligible veteran'' means a veteran
who--
(A) is enrolled in the patient enrollment
system of the Department of Veterans Affairs
under section 1705 of title 38, United States
Code;
(B) has received hospital care or medical
services provided by the Department of Veterans
Affairs for a traumatic brain injury;
(C) is unable to manage routine activities
of daily living without supervision and
assistance, as determined by the Secretary; and
(D) could reasonably be expected to receive
ongoing services after the end of the pilot
program under this section under another
program of the Federal Government or through
other means, as determined by the Secretary.
SEC. 1706. PROVISION OF AGE-APPROPRIATE NURSING HOME CARE.
(a) Finding.--Congress finds that young veterans who are
injured or disabled through military service and require long-
term care should have access to age-appropriate nursing home
care.
(b) Requirement To Provide Age-Appropriate Nursing Home
Care.--Section 1710A of title 38, United States Code, is
amended--
(1) by redesignating subsection (c) as subsection
(d); and
(2) by inserting after subsection (b) the following
new subsection (c):
``(c) The Secretary shall ensure that nursing home care
provided under subsection (a) is provided in an age-appropriate
manner.''.
SEC. 1707. EXTENSION OF PERIOD OF ELIGIBILITY FOR HEALTH CARE FOR
VETERANS OF COMBAT SERVICE DURING CERTAIN PERIODS
OF HOSTILITIES AND WAR.
Subparagraph (C) of section 1710(e)(3) of title 38, United
States Code, is amended to read as follows:
``(C) in the case of care for a veteran described
in paragraph (1)(D) who--
``(i) is discharged or released from the
active military, naval, or air service after
the date that is five years before the date of
the enactment of the National Defense
Authorization Act for Fiscal Year 2008, after a
period of five years beginning on the date of
such discharge or release; or
``(ii) is so discharged or released more
than five years before the date of the
enactment of that Act and who did not enroll in
the patient enrollment system under section
1705 of this title before such date, after a
period of three years beginning on the date of
the enactment of that Act; and''.
SEC. 1708. SERVICE-CONNECTION AND ASSESSMENTS FOR MENTAL HEALTH
CONDITIONS IN VETERANS.
(a) Presumption of Service-Connection for Mental Illness in
Persian Gulf War Veterans.--
(1) In general.--Section 1702 of title 38, United
States Code, is amended--
(A) by inserting ``(a) Psychosis.--''
before ``For the purposes''; and
(B) by adding at the end the following new
subsection:
``(b) Mental Illness.--For purposes of this chapter, any
veteran of the Persian Gulf War who develops an active mental
illness (other than psychosis) shall be deemed to have incurred
such disability in the active military, naval, or air service
if such veteran develops such disability--
``(1) within two years after discharge or release
from the active military, naval, or air service; and
``(2) before the end of the two-year period
beginning on the last day of the Persian Gulf War.''.
(2) Heading amendment.--The heading of such section
is amended to read as follows:
``Sec. 1702. Presumptions: psychosis after service in World War II and
following periods of war; mental illness after
service in the Persian Gulf War''.
(3) Clerical amendment.--The table of sections at
the beginning of chapter 17 of such title is amended by
striking the item relating to section 1702 and
inserting the following new item:
``1702. Presumptions: psychosis after service in World War II and
following periods of war; mental illness following service in
the Persian Gulf War.''.
(b) Provision of Mental Health Assessments for Certain
Veterans.--Section 1712A(a) of such title is amended--
(1) in paragraph (1)(B), by adding at the end the
following new clause:
``(iii) Any veteran who served on active duty--
``(I) in a theater of combat operations (as
determined by the Secretary in consultation
with the Secretary of Defense) during a period
of war after the Persian Gulf War; or
``(II) in combat against a hostile force
during a period of hostilities (as defined in
paragraph (2)(B)) after November 11, 1998.'';
and
(2) by adding at the end the following new
paragraph:
``(3) Upon request of a veteran described in paragraph
(1)(B)(iii), the Secretary shall provide the veteran a
preliminary general mental health assessment as soon as
practicable after receiving the request, but not later than 30
days after receiving the request.''.
SEC. 1709. MODIFICATION OF REQUIREMENTS FOR FURNISHING OUTPATIENT
DENTAL SERVICES TO VETERANS WITH SERVICE-CONNECTED
DENTAL CONDITIONS OR DISABILITIES.
Section 1712(a)(1)(B)(iii) of title 38, United States Code,
is amended--
(1) by striking ``90 days after such discharge''
and inserting ``180 days after such discharge'';
(2) by striking ``90 days from the date of such
veteran's subsequent discharge'' and inserting ``180
days from the date of such veteran's subsequent
discharge''; and
(3) by striking ``90 days after the date of
correction'' and inserting ``180 days after the date of
correction''.
SEC. 1710. CLARIFICATION OF PURPOSE OF OUTREACH SERVICES PROGRAM OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Clarification of Inclusion of Members of the National
Guard and Reserve in Program.--Subsection (a)(1) of section
6301 of title 38, United States Code, is amended by inserting
``, or from a reserve component,'' after ``active military,
naval, or air service''.
(b) Definition of Outreach.--Subsection (b) of such section
is amended--
(1) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and
(2) by inserting before paragraph (2) the following
new paragraph (1):
``(1) the term `outreach' means the act or process
of reaching out in a systematic manner to proactively
provide information, services, and benefits counseling
to veterans, and to the spouses, children, and parents
of veterans who may be eligible to receive benefits
under the laws administered by the Secretary, to ensure
that such individuals are fully informed about, and
receive assistance in applying for, such benefits;''.
SEC. 1711. DESIGNATION OF FIDUCIARY OR TRUSTEE FOR PURPOSES OF
TRAUMATIC SERVICEMEMBERS' GROUP LIFE INSURANCE.
Section 1980A of title 38, United States Code, is amended
by adding at the end the following new subsection:
``(k) Designation of Fiduciary or Trustee.--(1) The
Secretary concerned, in consultation with the Secretary, shall
develop a process for the designation of a fiduciary or trustee
of a member of the uniformed services who is insured against
traumatic injury under this section. The fiduciary or trustee
so designated would receive a payment for a qualifying loss
under this section if the member is medically incapacitated (as
determined pursuant to regulations prescribed by the Secretary
concerned in consultation with the Secretary) or experiencing
an extended loss of consciousness.
``(2) The process under paragraph (1) may require each
member of the uniformed services who is insured under this
section to--
``(A) designate an individual as the member's
fiduciary or trustee for purposes of subsection (a); or
``(B) elect that a court of proper jurisdiction
designate an individual as the member's fiduciary or
trustee for purposes of subsection (a) in the event
that the member becomes medically incapacitated or
experiences an extended loss of consciousness.''.
TITLE XVIII--NATIONAL GUARD BUREAU MATTERS AND RELATED MATTERS
Sec. 1801. Short title.
Subtitle A--National Guard Bureau
Sec. 1811. Appointment, grade, duties, and retirement of the Chief of
the National Guard Bureau.
Sec. 1812. Establishment of National Guard Bureau as joint activity of
the Department of Defense.
Sec. 1813. Enhancement of functions of the National Guard Bureau.
Sec. 1814. Requirement for Secretary of Defense to prepare plan for
response to natural disasters and terrorist events.
Sec. 1815. Determination of Department of Defense civil support
requirements.
Subtitle B--Additional Reserve Component Enhancement
Sec. 1821. United States Northern Command.
Sec. 1822. Council of Governors.
Sec. 1823. Plan for Reserve Forces Policy Board.
Sec. 1824. High-level positions authorized or required to be held by
reserve component general or flag officers.
Sec. 1825. Retirement age and years of service limitations on certain
reserve general and flag officers.
Sec. 1826. Additional reporting requirements relating to National Guard
equipment.
SEC. 1801. SHORT TITLE.
This title may be cited as the ``National Guard Empowerment
Act of 2007''.
Subtitle A--National Guard Bureau
SEC. 1811. APPOINTMENT, GRADE, DUTIES, AND RETIREMENT OF THE CHIEF OF
THE NATIONAL GUARD BUREAU.
(a) Appointment.--Subsection (a) of section 10502 of title
10, United States Code, is amended by striking paragraphs (1)
through (3) and inserting the following new paragraphs:
``(1) are recommended for such appointment by their
respective Governors or, in the case of the District of
Columbia, the commanding general of the District of
Columbia National Guard;
``(2) are recommended for such appointment by the
Secretary of the Army or the Secretary of the Air
Force;
``(3) have had at least 10 years of federally
recognized commissioned service in an active status in
the National Guard;
``(4) are in a grade above the grade of brigadier
general;
``(5) are determined by the Chairman of the Joint
Chiefs of Staff, in accordance with criteria and as a
result of a process established by the Chairman, to
have significant joint duty experience;
``(6) are determined by the Secretary of Defense to
have successfully completed such other assignments and
experiences so as to possess a detailed understanding
of the status and capabilities of National Guard forces
and the missions of the National Guard Bureau as set
forth in section 10503 of this title;
``(7) have a level of operational experience in a
position of significant responsibility, professional
military education, and demonstrated expertise in
national defense and homeland defense matters that are
commensurate with the advisory role of the Chief of the
National Guard Bureau; and
``(8) possess such other qualifications as the
Secretary of Defense shall prescribe for purposes of
this section.''.
(b) Grade.--Subsection (d) of such section is amended by
striking ``lieutenant general'' and inserting ``general''.
(c) Repeal of Age 64 Limitation on Service.--Subsection (b)
of such section is amended by striking ``An officer may not
hold that office after becoming 64 years of age.''.
(d) Advisory Duties.--Subsection (c) of such section is
amended to read as follows:
``(c) Advisor on National Guard Matters.--The Chief of the
National Guard Bureau is--
``(1) a principal advisor to the Secretary of
Defense, through the Chairman of the Joint Chiefs of
Staff, on matters involving non-federalized National
Guard forces and on other matters as determined by the
Secretary of Defense; and
``(2) the principal adviser to the Secretary of the
Army and the Chief of Staff of the Army, and to the
Secretary of the Air Force and the Chief of Staff of
the Air Force, on matters relating to the National
Guard, the Army National Guard of the United States,
and the Air National Guard of the United States.''.
SEC. 1812. ESTABLISHMENT OF NATIONAL GUARD BUREAU AS JOINT ACTIVITY OF
THE DEPARTMENT OF DEFENSE.
(a) Joint Activity of the Department of Defense.--
Subsection (a) of section 10501 of title 10, United States
Code, is amended by striking ``joint bureau of the Department
of the Army and the Department of the Air Force'' and inserting
``joint activity of the Department of Defense''.
(b) Joint Manpower Requirements.--
(1) In general.--Chapter 1011 of such title is
amended by adding at the end the following new section:
``Sec. 10508. National Guard Bureau: general provisions
``The manpower requirements of the National Guard Bureau as
a joint activity of the Department of Defense shall be
determined in accordance with regulations prescribed by the
Secretary of Defense, in consultation with the Chairman of the
Joint Chiefs of Staff.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by adding at
the end the following new item:
``10508. National Guard Bureau: general provisions.''.
SEC. 1813. ENHANCEMENT OF FUNCTIONS OF THE NATIONAL GUARD BUREAU.
(a) Additional General Functions.--Section 10503 of title
10, United States Code, is amended--
(1) by redesignating paragraph (12) as paragraph
(14) and inserting before such paragraph (14) the
following new paragraph (13):
``(13)(A) Assisting the Secretary of Defense in
facilitating and coordinating with the entities listed
in subparagraph (B) the use of National Guard personnel
and resources for operations conducted under title 32,
or in support of State missions.
``(B) The entities listed in this subparagraph for
purposes of subparagraph (A) are the following:
``(i) Other Federal agencies.
``(ii) The Adjutants General of the States.
``(iii) The United States Joint Forces
Command.
``(iv) The combatant command the geographic
area of responsibility of which includes the
United States.'';
(2) by redesignating paragraphs (2) through (11) as
paragraphs (3) through (12), respectively; and
(3) by inserting after paragraph (1) the following
new paragraph (2):
``(2) The role of the National Guard Bureau in
support of the Secretary of the Army and the Secretary
of the Air Force.''.
(b) Charter Developed and Prescribed by Secretary of
Defense.--Section 10503 of such title is further amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``The Secretary of the Army
and the Secretary of the Air Force shall
jointly develop'' and inserting ``The Secretary
of Defense, in consultation with the Chairman
of the Joint Chiefs of Staff, the Secretary of
the Army, and the Secretary of the Air Force,
shall develop''; and
(B) by striking ``cover'' in the second
sentence and inserting ``reflect the full scope
of the duties and activities of the Bureau,
including''; and
(2) in paragraph (14), as redesignated by
subsection (a)(1), by striking ``the Secretaries'' and
inserting ``the Secretary of Defense''.
(c) Conforming and Clerical Amendments.--
(1) Conforming amendment.--The heading of section
10503 of such title is amended to read as follows:
``Sec. 10503. Functions of National Guard Bureau: charter''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 1011 of such title is amended
by striking the item relating to section 10503 and
inserting the following new item:
``10503. Functions of National Guard Bureau: charter.''.
SEC. 1814. REQUIREMENT FOR SECRETARY OF DEFENSE TO PREPARE PLAN FOR
RESPONSE TO NATURAL DISASTERS AND TERRORIST EVENTS.
(a) Requirement for Plan.--
(1) In general.--Not later than June 1, 2008, the
Secretary of Defense, in consultation with the
Secretary of Homeland Security, the Chairman of the
Joint Chiefs of Staff, the commander of the United
States Northern Command, and the Chief of the National
Guard Bureau, shall prepare and submit to Congress a
plan for coordinating the use of the National Guard and
members of the Armed Forces on active duty when
responding to natural disasters, acts of terrorism, and
other man-made disasters as identified in the national
planning scenarios described in subsection (e).
(2) Update.--Not later than June 1, 2010, the
Secretary, in consultation with the persons consulted
under paragraph (1), shall submit to Congress an update
of the plan required under paragraph (1).
(b) Information To Be Provided to Secretary.--To assist the
Secretary of Defense in preparing the plan, the National Guard
Bureau, pursuant to its purpose as channel of communications as
set forth in section 10501(b) of title 10, United States Code,
shall provide to the Secretary information gathered from
Governors, adjutants general of States, and other State civil
authorities responsible for homeland preparation and response
to natural and man-made disasters.
(c) Two Versions.--The plan shall set forth two versions of
response, one using only members of the National Guard, and one
using both members of the National Guard and members of the
regular components of the Armed Forces.
(d) Matters Covered.--The plan shall cover, at a minimum,
the following:
(1) Protocols for the Department of Defense, the
National Guard Bureau, and the Governors of the several
States to carry out operations in coordination with
each other and to ensure that Governors and local
communities are properly informed and remain in control
in their respective States and communities.
(2) An identification of operational procedures,
command structures, and lines of communication to
ensure a coordinated, efficient response to
contingencies.
(3) An identification of the training and equipment
needed for both National Guard personnel and members of
the Armed Forces on active duty to provide military
assistance to civil authorities and for other domestic
operations to respond to hazards identified in the
national planning scenarios.
(e) National Planning Scenarios.--The plan shall provide
for response to the following hazards:
(1) Nuclear detonation, biological attack,
biological disease outbreak/pandemic flu, the plague,
chemical attack-blister agent, chemical attack-toxic
industrial chemicals, chemical attack-nerve agent,
chemical attack-chlorine tank explosion, major
hurricane, major earthquake, radiological attack-
radiological dispersal device, explosives attack-
bombing using improvised explosive device, biological
attack-food contamination, biological attack-foreign
animal disease and cyber attack.
(2) Any other hazards identified in a national
planning scenario developed by the Homeland Security
Council.
SEC. 1815. DETERMINATION OF DEPARTMENT OF DEFENSE CIVIL SUPPORT
REQUIREMENTS.
(a) Determination of Requirements.--The Secretary of
Defense, in consultation with the Secretary of Homeland
Security, shall determine the military-unique capabilities
needed to be provided by the Department of Defense to support
civil authorities in an incident of national significance or a
catastrophic incident.
(b) Plan for Funding Capabilities.--
(1) Plan.--The Secretary of Defense shall develop
and implement a plan, in coordination with the
Secretaries of the military departments and the
Chairman of the Joint Chiefs of Staff, for providing
the funds and resources necessary to develop and
maintain the following:
(A) The military-unique capabilities
determined under subsection (a).
(B) Any additional capabilities determined
by the Secretary to be necessary to support the
use of the active components and the reserve
components of the Armed Forces for homeland
defense missions, domestic emergency responses,
and providing military support to civil
authorities.
(2) Term of plan.--The plan required under
paragraph (1) shall cover at least five years.
(c) Budget.--The Secretary of Defense shall include in the
materials accompanying the budget submitted for each fiscal
year a request for funds necessary to carry out the plan
required under subsection (b) during the fiscal year covered by
the budget. The defense budget materials shall delineate and
explain the budget treatment of the plan for each component of
each military department, each combatant command, and each
affected Defense Agency.
(d) Definitions.--In this section:
(1) The term ``military-unique capabilities'' means
those capabilities that, in the view of the Secretary
of Defense--
(A) cannot be provided by other Federal,
State or local civilian agencies; and
(B) are essential to provide support to
civil authorities in an incident of national
significance or a catastrophic incident.
(2) The term ``defense budget materials'', with
respect to a fiscal year, means the materials submitted
to Congress by the Secretary of Defense in support of
the budget for that fiscal year.
(e) Strategic Planning Guidance.--Section 113(g)(2) of
title 10, United States Code, is amended by striking
``contingency plans'' at the end of the first sentence and
inserting the following: ``contingency plans, including plans
for providing support to civil authorities in an incident of
national significance or a catastrophic incident, for homeland
defense, and for military support to civil authorities''.
Subtitle B--Additional Reserve Component Enhancement
SEC. 1821. UNITED STATES NORTHERN COMMAND.
(a) Manpower Review.--
(1) Review by chairman of the joint chiefs of
staff.--Not later than one year after the date of the
enactment of this Act, the Chairman of the Joint Chiefs
of Staff shall submit to the Secretary of Defense a
review of the civilian and military positions, job
descriptions, and assignments within the United States
Northern Command with the goal of determining the
feasibility of significantly increasing the number of
members of a reserve component assigned to, and
civilians employed by, the United States Northern
Command who have experience in the planning, training,
and employment of forces for homeland defense missions,
domestic emergency response, and providing military
support to civil authorities.
(2) Submission of results of review.--Not later
than 90 days after the date on which the Secretary of
Defense receives the results of the review under
paragraph (1), the Secretary shall submit to Congress a
copy of the results of the review, together with such
recommendations as the Secretary considers appropriate
to achieve the objectives of the review.
(b) Definition.--In this section, the term ``United States
Northern Command'' means the combatant command the geographic
area of responsibility of which includes the United States.
SEC. 1822. COUNCIL OF GOVERNORS.
The President shall establish a bipartisan Council of
Governors to advise the Secretary of Defense, the Secretary of
Homeland Security, and the White House Homeland Security
Council on matters related to the National Guard and civil
support missions.
SEC. 1823. PLAN FOR RESERVE FORCES POLICY BOARD.
(a) Plan.--The Secretary of Defense shall develop a plan to
implement revisions that the Secretary determines necessary in
the designation, organization, membership, functions,
procedures, and legislative framework of the Reserve Forces
Policy Board. The plan--
(1) shall be consistent with the findings,
conclusions, and recommendations included in Part III E
of the Report of the Commission on the National Guard
and Reserves of March 1, 2007; and
(2) to the extent possible, shall take into account
the views and recommendations of civilian and military
leaders, past chairmen of the Reserve Forces Policy
Board, private organizations with expertise and
interest in Department of Defense organization, and
other individuals or groups in the discretion of the
Secretary.
(b) Report.--Not later than July 1, 2008, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the plan
developed under subsection (a), including such recommendations
for legislation as the Secretary considers necessary.
SEC. 1824. HIGH-LEVEL POSITIONS AUTHORIZED OR REQUIRED TO BE HELD BY
RESERVE COMPONENT GENERAL OR FLAG OFFICERS.
(a) Sense of Congress.--It is the sense of Congress that,
whenever officers of the Armed Forces are considered for
promotion to the grade of lieutenant general, or vice admiral
in the case of the Navy, on the active duty list, officers in
the reserve components of the Armed Forces who are eligible for
promotion to such grade should be considered for promotion to
such grade.
(b) National Guard Officer as Deputy Commander of United
States Northern Command.--Section 164(e) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(4) At least one deputy commander of the combatant
command the geographic area of responsibility of which includes
the United States shall be a qualified officer of the National
Guard who is eligible for promotion to the grade of O-9, unless
a National Guard officer is serving as commander of that
combatant command.''.
(c) Increase in Number of Unified and Specified Combatant
Command Positions for Reserve Component Officers.--Section
526(b)(2)(A) of such title is amended by striking ``10 general
and flag officer positions on the staffs of the commanders of''
and inserting ``15 general and flag officer positions in''.
SEC. 1825. RETIREMENT AGE AND YEARS OF SERVICE LIMITATIONS ON CERTAIN
RESERVE GENERAL AND FLAG OFFICERS.
(a) Retirement for Age.--
(1) Inclusion of reserve generals and admirals.--
Section 14511 of title 10, United States Code, is
amended to read as follows:
``Sec. 14511. Separation at age 64: officers in grade of major general
or rear admiral and above
``(a) Separation Required.--Unless retired, transferred to
the Retired Reserve, or discharged at an earlier date, each
reserve officer of the Army, Air Force, or Marine Corps in the
grade of major general or above and each reserve officer of the
Navy in the grade of rear admiral or above shall be separated
in accordance with section 14515 of this title on the last day
of the month in which the officer becomes 64 years of age.
``(b) Exception for Officers Serving in O-9 and O-10
Positions.--The retirement of a reserve officer of the Army,
Air Force, or Marine Corps in the grade of lieutenant general
or general, or a reserve officer of the Navy in the grade of
vice admiral or admiral, under subsection (a) may be deferred--
``(1) by the President, but such a deferment may
not extend beyond the first day of the month following
the month in which the officer becomes 68 years of age;
or
``(2) by the Secretary of Defense, but such a
deferment may not extend beyond the first day of the
month following the month in which the officer becomes
66 years of age.
``(c) Exception for Officers Holding Certain Offices.--This
section does not apply to an officer covered by section 14512
of this title.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 1407 of such title is amended
by striking the item relating to section 14511 and
inserting the following new item:
``14511. Separation at age 64: officers in grade of major general or
rear admiral and above.''.
(b) Conforming Amendments and Reserve Officers Holding
Certain Other Offices.--Section 14512 of such title is
amended--
(1) in subsection (a)(2)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B),
(C), and (D) as subparagraphs (A), (B), and
(C), respectively; and
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``The
Secretary''; and
(B) by adding at the end the following new
paragraph:
``(2) The Secretary of Defense may defer the retirement of
a reserve officer serving in the position of Chief of the Navy
Reserve or Commander of the Marine Forces Reserve, but such
deferment may not extend beyond the first day of the month
following the month in which the officer becomes 66 years of
age. A deferment under this paragraph shall not count toward
the limitation on the total number of officers whose retirement
may be deferred at any one time under paragraph (1).''.
(c) Imposition of Years of Service Limitation.--
(1) Imposition of limitation.--Section 14508 of
such title is amended by inserting after subsection
(c), as added by section 513, the following new
subsection:
``(d) Forty Years of Service for Generals and Admirals.--
Unless retired, transferred to the Retired Reserve, or
discharged at an earlier date, each reserve officer of the
Army, Air Force, or Marine Corps in the grade of general and
each reserve officer of the Navy in the grade of admiral shall
be separated in accordance with section 14514 of this title on
the first day of the first month beginning after the date of
the fifth anniversary of the officer's appointment to that
grade or 30 days after the date on which the officer completes
40 years of commissioned service, whichever is later.''.
(2) Conforming amendments.--Subsection (b) of
section 10502 of such title, as amended by section
1811, is further amended--
(A) by inserting ``(1)'' before the first
sentence; and
(B) by striking ``While holding that
office'' and inserting the following:
``(2) Except as provided in section 14508(d) of this title,
while holding the office of Chief of the National Guard
Bureau''.
SEC. 1826. ADDITIONAL REPORTING REQUIREMENTS RELATING TO NATIONAL GUARD
EQUIPMENT.
Section 10541 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(d) Each report under this section concerning equipment
of the National Guard shall also include the following:
``(1) A statement of the accuracy of the
projections required by subsection (b)(5)(D) contained
in earlier reports under this section, and an
explanation, if the projection was not met, of why the
projection was not met.
``(2) A certification from the Chief of the
National Guard Bureau setting forth an inventory for
the preceding fiscal year of each item of equipment--
``(A) for which funds were appropriated;
``(B) which was due to be procured for the
National Guard during that fiscal year; and
``(C) which has not been received by a
National Guard unit as of the close of that
fiscal year.''.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2008''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained in
titles XXI through XXVII and in title XXIX for military
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--
(1) October 1, 2010; or
(2) the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2011.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have
been obligated before the later of--
(1) October 1, 2010; or
(2) the date of the enactment of an Act authorizing
funds for fiscal year 2011 for military construction
projects, land acquisition, family housing projects and
facilities, or contributions to the North Atlantic
Treaty Organization Security Investment Program.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Termination of authority to carry out fiscal year 2007 Army
projects for which funds were not appropriated.
Sec. 2106. Technical amendments to Military Construction Authorization
Act for Fiscal Year 2007.
Sec. 2107. Modification of authority to carry out certain fiscal year
2006 project.
Sec. 2108. Extension of authorization of certain fiscal year 2005
project.
Sec. 2109. Ground lease, SOUTHCOM headquarters facility, Miami-Doral,
Florida.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 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:
Army: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alabama......................... Anniston Army Depot. $26,000,000
Redstone Arsenal.... $22,000,000
Alaska.......................... Fort Richardson..... $92,800,000
Fort Wainwright..... $114,500,000
Arizona......................... Fort Huachuca....... $129,600,000
California...................... Fort Irwin.......... $24,000,000
Presidio, Monterey.. $28,000,000
Colorado........................ Fort Carson......... $156,200,000
Delaware........................ Dover Air Force Base $17,500,000
Florida......................... Miami Doral......... $237,000,000
Georgia......................... Fort Benning........ $189,500,000
Fort Stewart/Hunter $123,500,000
Army Air Field.
Hawaii.......................... Fort Shafter........ $31,000,000
Kahuku Training Area $10,200,000
Schofield Barracks.. $88,000,000
Wheeler Army Air $51,000,000
Field.
Illinois........................ Rock Island Arsenal. $3,350,000
Kansas.......................... Fort Leavenworth.... $102,400,000
Fort Riley.......... $140,200,000
Kentucky........................ Fort Campbell....... $113,600,000
Fort Knox........... $6,700,000
Louisiana....................... Fort Polk........... $15,900,000
Maryland........................ Aberdeen Proving $12,200,000
Ground.
Michigan........................ Detroit Arsenal..... $18,500,000
Missouri........................ Fort Leonard Wood... $136,050,000
Nevada.......................... Hawthorne Army $11,800,000
Ammunition Plant.
New Jersey...................... Picatinny Arsenal... $9,900,000
New Mexico...................... White Sands Missile $71,000,000
Range.
New York........................ Fort Drum........... $311,200,000
North Carolina.................. Fort Bragg.......... $287,200,000
Oklahoma........................ Fort Sill........... $7,500,000
South Carolina.................. Fort Jackson........ $85,000,000
Texas........................... Camp Bullis......... $1,600,000
Corpus Christi...... $11,200,000
Fort Bliss.......... $118,400,000
Fort Hood........... $163,400,000
Fort Sam Houston.... $19,150,000
Red River Army Depot $9,200,000
Virginia........................ Fort Belvoir........ $13,000,000
Fort Eustis......... $75,000,000
Fort Lee............ $22,600,000
Fort Myer........... $20,800,000
Washington...................... Fort Lewis.......... $178,500,000
Yakima Training $29,000,000
Center.
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real property
and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Afghanistan.................. Afghanistan.............. $13,800,000
Bulgaria..................... Nevo Selo FOS............ $61,000,000
Germany...................... Grafenwoehr.............. $62,000,000
Honduras..................... Various locations........ $2,550,000
Italy........................ Aviano................... $12,100,000
Vicenza.................. $160,900,000
Korea........................ Camp Humphreys........... $57,000,000
Romania...................... Mihail Kogalniceanu FOS.. $12,600,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
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:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Utah.......................................... Dugway Proving Ground................ 28 $5,000,000
Germany....................................... Ansbach.............................. 138 $52,000,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of
family housing units in an amount not to exceed $2,000,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization of
appropriations in section 2104(a)(5)(A), the Secretary of the
Army may improve existing military family housing units in an
amount not to exceed $365,400,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2007, for military construction, land
acquisition, and military family housing functions of the
Department of the Army in the total amount of $5,106,703,000 as
follows:
(1) For military construction projects inside the
United States authorized by section 2101(a),
$3,198,150,000.
(2) For military construction projects outside the
United States authorized by section 2101(b),
$254,950,000.
(3) For unspecified minor military construction
projects authorized by section 2805 of title 10, United
States Code, $25,900,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10,
United States Code, $321,983,000.
(5) For military family housing functions:
(A) For construction and acquisition,
planning and design, and improvement of
military family housing and facilities,
$424,400,000.
(B) For support of military family housing
(including the functions described in section
2833 of title 10, United States Code),
$731,920,000.
(6) For the construction of increment 2 of a
barracks complex at Fort Lewis, Washington, authorized
by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of
Public Law 109-364; 120 Stat. 2445), as amended by
section 20814 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289), as
added by section 2 of the Revised Continuing
Appropriations Resolution, 2007 (Public Law 110-5; 121
Stat. 41), $102,000,000.
(7) 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 Public Law 109-163; 119 Stat. 3485),
$47,400,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2101 of this Act may not exceed the sum of the
following:
(1) The total amount authorized to be appropriated
under paragraphs (1) and (2) of subsection (a).
(2) $137,000,000 (the balance of the amount
authorized under section 2101(a) for construction of
the United States Southern Command Headquarters, Miami,
Florida).
(3) $63,500,000 (the balance of the amount
authorized under section 2101(b) for construction of a
brigade complex operations support facility at Vicenza,
Italy).
(4) $63,500,000 (the balance of the amount
authorized under section 2101(b) for construction of a
brigade complex barracks and community support facility
at Vicenza, Italy).
SEC. 2105. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2007 ARMY
PROJECTS FOR WHICH FUNDS WERE NOT APPROPRIATED.
(a) Termination of Inside the United States Projects.--The
table in section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public
Law 109-364; 120 Stat. 2445), as amended by section 20814 of
the Continuing Appropriations Resolution, 2007 (division B of
Public Law 109-289), as added by section 2 of the Revised
Continuing Appropriations Resolution, 2007 (Public Law 110-5),
is further amended--
(1) by striking the item relating to Redstone
Arsenal, Alabama;
(2) by striking the item relating to Fort
Wainwright, Alaska;
(3) in the item relating to Fort Irwin, California,
by striking ``$18,200,000'' in the amount column and
inserting ``$10,000,000'';
(4) in the item relating to Fort Carson, Colorado,
by striking ``$30,800,000'' in the amount column and
inserting ``$24,000,000'';
(5) in the item relating to Fort Leavenworth,
Kansas, by striking ``$23,200,000'' in the amount
column and inserting ``$15,000,000'';
(6) in the item relating to Fort Riley, Kansas, by
striking ``$47,400,000'' in the amount column and
inserting ``$37,200,000'';
(7) in the item relating to Fort Campbell,
Kentucky, by striking ``$135,300,000'' in the amount
column and inserting ``$115,400,000'';
(8) by striking the item relating to Fort Polk,
Louisiana;
(9) by striking the item relating to Aberdeen
Proving Ground, Maryland;
(10) by striking the item relating to Fort Detrick,
Maryland;
(11) by striking the item relating to Detroit
Arsenal, Michigan;
(12) in the item relating to Fort Leonard Wood,
Missouri, by striking ``$34,500,000'' in the amount
column and inserting ``$17,000,000'';
(13) by striking the item relating to Picatinny
Arsenal, New Jersey;
(14) in the item relating to Fort Drum, New York,
by striking ``$218,600,000'' in the amount column and
inserting ``$209,200,000'';
(15) in the item relating to Fort Bragg, North
Carolina, by striking ``$96,900,000'' in the amount
column and inserting ``$89,000,000'';
(16) by striking the item relating to Letterkenny
Depot, Pennsylvania;
(17) by striking the item relating to Corpus
Christi Army Depot, Texas;
(18) by striking the item relating to Fort Bliss,
Texas;
(19) in the item relating to Fort Hood, Texas, by
striking ``$93,000,000'' in the amount column and
inserting ``$75,000,000'';
(20) by striking the item relating to Red River
Depot, Texas; and
(21) by striking the item relating to Fort Lee,
Virginia.
(b) Conforming Amendments.--Section 2104(a) of such Act
(120 Stat. 2447) is amended--
(1) in the matter preceding paragraph (1), by
striking ``$3,518,450,000'' and inserting
``$3,275,700,000''; and
(2) in paragraph (1), by striking
``$1,362,200,000'' and inserting ``$1,119,450,000''.
SEC. 2106. TECHNICAL AMENDMENTS TO MILITARY CONSTRUCTION AUTHORIZATION
ACT FOR FISCAL YEAR 2007.
(a) Location of Project in Romania.--The table in section
2101(b) of the Military Construction Authorization Act for 2007
(division B of Public Law 109-364; 120 Stat. 2446) is amended
by striking ``Babadag Range'' and inserting ``Mihail
Kogalniceanu Air Base''.
(b) Spelling Error Relating to Army Family Housing.--The
table in section 2102(a) of the Military Construction
Authorization Act for 2007 (division B of Public Law 109-364;
120 Stat. 2446) is amended by striking ``Fort McCoyine'' and
inserting ``Fort McCoy''.
SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2006 PROJECT.
(a) Modification.--The table in section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3485) is amended
in the item relating to Fort Bragg, North Carolina, by striking
``$301,250,000'' in the amount column and inserting
``$308,250,000''.
(b) Conforming Amendments.--Section 2104(b)(5) of that Act
(119 Stat. 3488) is amended by striking ``$77,400,000'' and
inserting ``$84,400,000''.
SEC. 2108. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2005
PROJECT.
(a) Extension and Renewal.--Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal Year
2005 (division B of Public Law 108-375; 118 Stat. 2116), the
authorization set forth in the table in subsection (b), as
provided in section 2101 of that Act (118 Stat. 2101), shall
remain in effect until October 1, 2008, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2009, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Army: Extension of 2005 Project Authorization
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Schofield Barracks, Hawaii..... Training facility...... $35,542,000
------------------------------------------------------------------------
SEC. 2109. GROUND LEASE, SOUTHCOM HEADQUARTERS FACILITY, MIAMI-DORAL,
FLORIDA.
(a) Ground Lease Authorized.--The Secretary of the Army may
utilize the State of Florida property as described in sublease
number 4489-01, entered into between the State of Florida and
the United States (in this section referred to as the ``ground
lease''), for the purpose of constructing a consolidated
headquarters facility for the United States Southern Command
(SOUTHCOM).
(b) Additional Terms and Conditions.--The Secretary of the
Army may carry out the project to construct a new headquarters
on property leased from the State of Florida when the following
conditions have been met regarding the lease for the property:
(1) The United States Government shall have the
right to use the property without interruption until at
least December 31, 2055.
(2) The United States Government shall have the
right to use the property for general administrative
purposes in the event the United States Southern
Command relocates or vacates the property.
(c) Authority To Obtain Ground Lease of Adjacent
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.
(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).
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Termination of authority to carry out fiscal year 2007 Navy
projects for which funds were not appropriated.
Sec. 2206. Modification of authority to carry out certain fiscal year
2005 project.
Sec. 2207. Repeal of authorization for construction of Navy Outlying
Landing Field, Washington County, North Carolina.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 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:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alaska.......................... Outlying Field $9,560,000
Evergreen.
Arizona......................... Marine Corps Air $33,720,000
Station, Yuma.
California...................... Marine Corps Air $26,760,000
Station, Miramar.
Marine Corps Base, $264,360,000
Camp Pendleton.
Marine Corps Base, $142,619,000
Twentynine Palms.
Naval Station, San $3,000,000
Diego.
Naval Support $9,780,000
Activity, Monterey.
Submarine Base, San $23,630,000
Diego.
Connecticut..................... Submarine Base, New $21,160,000
London.
Florida......................... Marine Corps $10,240,000
Logistics Base,
Blount Island.
Naval Support $9,900,000
Activity, Cape
Canaveral.
Naval Surface $13,870,000
Warfare Center,
Panama City.
Naval Training $3,140,000
Center, Corry Field.
Georgia......................... Marine Corps $9,980,000
Logistics Base.
Hawaii.......................... Marine Corps Air $37,961,000
Station, Kaneohe.
Naval Base, Pearl $99,860,000
Harbor.
Naval Station Pearl $65,410,000
Harbor, Wahiawa.
Pearl Harbor Naval $30,200,000
Shipyard.
Illinois........................ Naval Training $10,221,000
Center, Great Lakes.
Indiana......................... Naval Support $23,800,000
Activity, Crane.
Maine........................... Portsmouth Naval $9,700,000
Shipyard.
Maryland........................ Naval Air Warfare $38,360,000
Center, Patuxent
River.
Naval Surface $9,450,000
Warfare Center,
Indian Head.
Mississippi..................... Naval Air Station, $6,770,000
Meridian.
Nevada.......................... Naval Air Station, $11,460,000
Fallon.
New Jersey...................... Naval Air Warfare $4,100,000
Center, Lakehurst.
North Carolina.................. Marine Corps Air $28,610,000
Station, Cherry
Point.
Marine Corps Air $58,700,000
Station, New River.
Marine Corps Base, $248,930,000
Camp Lejeune.
Rhode Island.................... Naval Station, $13,760,000
Newport.
South Carolina.................. Marine Corps Air $10,300,000
Station, Beaufort.
Marine Corps Recruit $55,282,000
Depot, Parris
Island.
Texas........................... Naval Air Station, $14,290,000
Corpus Christi.
Virginia........................ Marine Corps Base, $50,519,000
Quantico.
Naval Station, $79,560,000
Norfolk.
Naval Support $8,450,000
Activity,
Chesapeake.
Naval Surface $10,000,000
Warfare Center,
Dahlgren.
Washington...................... Naval Air Station, $34,520,000
Whidbey Island.
Naval Station, $119,760,000
Bremerton.
Naval Station, $10,940,000
Everett.
Naval Station, $6,130,000
Kitsap.
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real property
and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Bahrain...................... Southwest Asia........... $35,500,000
Diego Garcia................. Naval Support Facility, $7,150,000
Diego Garcia.
Djibouti..................... Camp Lemonier............ $22,390,000
Guam......................... Naval Activities, Guam... $278,818,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(3), the Secretary of the Navy may acquire real property
and carry out military construction projects for unspecified
installations or locations in the amount set forth in the
following table:
Navy: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Worldwide Unspecified Wharf Utilities Upgrade.. $8,900,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
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 installations, in the number of
units, and in the amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Location Installation Units Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Twentynine Palms............... N/A.................. $4,800,000
Mariana Islands......................... Naval Activities, Guam......... 73................... $57,167,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(6)(A), the Secretary of the Navy may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of
military family housing units in an amount not to exceed
$3,172,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a)(6)(A), the Secretary of the
Navy may improve existing military family housing units in an
amount not to exceed $237,990,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be
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 $2,885,317,000, as follows:
(1) For military construction projects inside the
United States authorized by section 2201(a),
$1,628,762,000.
(2) For military construction projects outside the
United States authorized by section 2201(b),
$292,946,000.
(3) For military construction projects at
unspecified worldwide locations authorized by section
2201(c), $11,600,000.
(4) For unspecified minor military construction
projects authorized by section 2805 of title 10, United
States Code, $10,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10,
United States Code, $113,017,000.
(6) For military family housing functions:
(A) For construction and acquisition,
planning and design, and improvement of
military family housing and facilities,
$293,129,000.
(B) For support of military family housing
(including functions described in section 2833
of title 10, United States Code), $371,404,000.
(7) For the construction of increment 2 of the
construction of an addition to the National Maritime
Intelligence Center, Suitland, Maryland, authorized by
section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of
Public Law 109-364; 120 Stat. 2448), $52,069,000.
(8) For the construction of increment 3 of recruit
training barracks infrastructure upgrade at Recruit
Training Command, Great Lakes, Illinois, authorized by
section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3490), $16,650,000.
(9) For the construction of increment 3 of wharf
upgrades at Yokosuka, Japan, authorized by section
2201(b) of the Military Construction Authorization Act
of Fiscal Year 2006 (division B of Public Law 109-163;
119 Stat. 3490), $8,750,000.
(10) For the construction of increment 2 of the
Bachelor Enlisted Quarters Homeport Ashore Program at
Bremerton, Washington (formerly referred to as a
project at Naval Station, Everett), authorized by
section 2201(a) of the Military Construction
Authorization Act of Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3490), $47,240,000.
(11) For the construction of increment 4 of the
limited area production and storage complex at Naval
Submarine Base, Kitsap, Bangor, Washington (formerly
referred to as a project at the Strategic Weapons
Facility Pacific, Bangor), authorized by section
2201(a) of the Military Construction Authorization Act
of Fiscal Year 2005 (division B of Public Law 108-375;
118 Stat. 2105), as amended by section 2206 of the
Military Construction Authorization Act for Fiscal Year
2006 (division B of Public Law 109-163; 119 Stat.
3493), $39,750,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2201 of this Act may not exceed the sum of the
following:
(1) The total amount authorized to be appropriated
under paragraphs (1), (2), and (3) of subsection (a).
(2) $50,000,000 (the balance of the amount
authorized under section 2201(a) for a submarine drive-
in magnetic silencing facility in Pearl Harbor, Hawaii.
(3) $50,912,000 (the balance of the amount
authorized under section 2201(b) for construction of a
wharf extension in Apra Harbor, Guam.
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 Public
Law 109-364; 120 Stat. 2449) is amended--
(1) in the item relating to Marine Corps Base,
Twentynine Palms, California, by striking
``$27,217,000'' in the amount column and inserting
``$8,217,000'';
(2) by striking the item relating to Naval Support
Activity, Monterey, California;
(3) by striking the item relating to Naval
Submarine Base, New London, Connecticut;
(4) by striking the item relating to Cape
Canaveral, Florida;
(5) in the item relating to Marine Corps Logistics
Base, Albany, Georgia, by striking ``$70,540,000'' in
the amount column and inserting ``$62,000,000'';
(6) by striking the item relating to Naval
Magazine, Pearl Harbor, Hawaii;
(7) by striking the item relating to Naval
Shipyard, Pearl Harbor, Hawaii;
(8) by striking the item relating to Naval Support
Activity, Crane, Indiana;
(9) by striking the item relating to Portsmouth
Naval Shipyard, Maine;
(10) by striking the item relating to Naval Air
Station, Meridian, Mississippi;
(11) by striking the item relating to Naval Air
Station, Fallon, Nevada;
(12) by striking the item relating to Marine Corps
Air Station, Cherry Point, North Carolina;
(13) by striking the item relating to Naval
Station, Newport, Rhode Island;
(14) in the item relating to Marine Corps Air
Station, Beaufort, South Carolina, by striking
``$25,575,000'' in the amount column and inserting
``$22,225,000'';
(15) by striking the item relating to Naval Special
Weapons Center, Dahlgren, Virginia;
(16) in the item relating to Naval Support
Activity, Norfolk, Virginia, by striking
``$41,712,000'' in the amount column and inserting
``$28,462,000'';
(17) in the item relating to Naval Air Station,
Whidbey Island, Washington, by striking ``$67,303,000''
in the amount column and inserting ``$57,653,000''; and
(18) in the item relating to Naval Base, Kitsap,
Washington, by striking ``$17,617,000'' in the amount
column and inserting ``$13,507,000''.
(b) Termination of Military Family Housing Projects.--
Section 2204(a)(6)(A) of such Act (120 Stat. 2450) is amended
by striking ``$308,956,000'' and inserting ``$305,256,000''.
(c) Conforming Amendments.--Section 2204(a) of such Act
(120 Stat. 2450) is amended--
(1) in the matter preceding paragraph (1), by
striking ``$2,109,367,000'' and inserting
``$1,946,867,000''; and
(2) in paragraph (1), by striking ``$832,982,000''
and inserting ``$674,182,000''.
SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2005 PROJECT.
(a) Modification.--The table in section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2005
(division B of Public Law 108-375; 118 Stat. 2105), as amended
by section 2206 of the Military Construction Authorization Act
for Fiscal Year 2006 (division B of Public Law 109-163; 119
Stat. 3493) and section 2205 of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public
Law 109-364; 120 Stat. 2452), is amended--
(1) in the item relating to Strategic Weapons
Facility Pacific, Bangor, Washington, by striking
``$147,760,000'' in the amount column and inserting
``$295,000,000''; and
(2) by striking the amount identified as the total
in the amount column and inserting ``$972,719,000''.
(b) Conforming Amendment.--Section 2204 of the Military
Construction Authorization Act for Fiscal Year 2005 (division B
of Public Law 108-375; 118 Stat. 2107), as amended by section
2206 of the Military Construction Authorization Act for Fiscal
Year 2006 (division B of Public Law 109-163; 119 Stat. 3493)
and section 2205 of the Military Construction Authorization Act
for Fiscal Year 2007 (division B of Public Law 109-364; 120
Stat. 2453), is amended in subsection (b)(6), by striking
``$95,320,000'' and inserting ``$259,320,000''.
SEC. 2207. REPEAL OF AUTHORIZATION FOR CONSTRUCTION OF NAVY OUTLYING
LANDING FIELD, WASHINGTON COUNTY, NORTH CAROLINA.
(a) Repeal of Authorization.--The table in section 2201(a)
of the Military Construction Authorization Act for Fiscal Year
2004 (division B of Public Law 108-136; 117 Stat. 1704) is
amended by striking the item relating to Navy Outlying Landing
Field, Washington County, North Carolina, as added by section
2205(a) of the Military Construction Authorization Act for
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat.
2452).
(b) Repeal of Incremental Funding Authority.--Section
2204(b) of that Act (117 Stat. 1706) is amended by striking
paragraph (6).
(c) Effect of Repeal.--The amendments made by this section
do not affect the expenditure of funds obligated, before the
effective date of this title, for the construction of the Navy
Outlying Landing Field, Washington County, North Carolina, or
the acquisition of real property to facilitate such
construction.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Termination of authority to carry out fiscal year 2007 Air
Force projects for which funds were not appropriated.
Sec. 2306. Modification of authority to carry out certain fiscal year
2006 projects.
Sec. 2307. Extension of authorizations of certain fiscal year 2005
projects.
Sec. 2308. Extension of authorizations of certain fiscal year 2004
projects.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in the
amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alaska.......................... Elmendorf Air Force $83,180,000
Base.
Arizona......................... Davis-Monthan Air $11,200,000
Force Base.
Luke Air Force Base. $5,500,000
Arkansas........................ Little Rock Air $19,600,000
Force Base.
California...................... Travis Air Force $37,400,000
Base.
Colorado........................ Fort Carson......... $13,500,000
Schriever Air Force $24,500,000
Base.
United States Air $15,000,000
Force Academy.
District of Columbia............ Bolling Air Force $2,500,000
Base.
Florida......................... Eglin Air Force Base $158,300,000
MacDill Air Force $60,500,000
Base.
Patrick Air Force $11,854,000
Base.
Tyndall Air Force $52,514,000
Base.
Georgia......................... Moody Air Force Base $7,500,000
Robins Air Force $19,700,000
Base.
Hawaii.......................... Hickam Air Force $31,971,000
Base.
Illinois........................ Scott Air Force Base $24,900,000
Kansas.......................... Fort Riley.......... $12,515,000
McConnell Air Force $6,300,000
Base.
Massachusetts................... Hanscom Air Force $12,800,000
Base.
Mississippi..................... Columbus Air Force $9,800,000
Base.
Missouri........................ Whiteman Air Force $11,400,000
Base.
Montana......................... Malmstrom Air Force $7,000,000
Base.
Nebraska........................ Offutt Air Force $16,952,000
Base.
Nevada.......................... Nellis Air Force $4,950,000
Base.
New Mexico...................... Cannon Air Force $1,688,000
Base.
Kirtland Air Force $15,100,000
Base.
North Dakota.................... Grand Forks Air $13,000,000
Force Base.
Minot Air Force Base $18,200,000
Oklahoma........................ Altus Air Force Base $2,000,000
Tinker Air Force $34,600,000
Base.
Vance Air Force Base $7,700,000
South Carolina.................. Charleston Air Force $11,000,000
Base.
Shaw Air Force Base. $9,300,000
South Dakota.................... Ellsworth Air Force $16,600,000
Base.
Texas........................... Goodfellow Air Force $5,800,000
Base.
Lackland Air Force $14,000,000
Base.
Laughlin Air Force $5,200,000
Base.
Randolph Air Force $2,950,000
Base.
Shepard Air Force $7,000,000
Base.
Utah............................ Hill Air Force Base. $25,999,000
Washington...................... Fairchild Air Force $6,200,000
Base.
Wyoming......................... Francis E. Warren $14,600,000
Air Force Base.
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(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:
Air Force: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Germany...................... Ramstein Air Base........ $48,209,000
Guam......................... Andersen Air Force Base.. $15,816,000
Qatar........................ Al Udeid Air Base........ $22,300,000
Spain........................ Moron Air Base........... $1,800,000
United Kingdom............... Royal Air Force $17,300,000
Lakenheath.
Royal Air Force Menwith $41,000,000
Hill Station.
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(3), the Secretary of the Air Force may acquire real
property and carry out military construction projects for
unspecified installations or locations in the amount set forth
in the following table:
Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Worldwide Classified......... Classified Project....... $1,500,000
Classified-Special $12,328,000
Evaluation Program.
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations in
section 2304(6)(A), the Secretary of the Air Force may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations or
locations, in the number of units, and in the amounts set forth
in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Germany................................. Ramstein Air Base................ 117................ $56,275,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(6)(A), the Secretary of the Air Force may carry out
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.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization of
appropriations in section 2304(6)(A), the Secretary of the Air
Force may improve existing military family housing units in an
amount not to exceed $259,262,000.
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 $2,175,829,000, as follows:
(1) For military construction projects inside the
United States authorized by section 2301(a),
$872,273,000.
(2) For military construction projects outside the
United States authorized by section 2301(b),
$146,425,000.
(3) For the military construction projects at
unspecified worldwide locations authorized by section
2301(c), $13,828,000.
(4) For unspecified minor military construction
projects authorized by section 2805 of title 10, United
States Code, $15,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10,
United States Code, $43,721,000.
(6) For military family housing functions:
(A) For construction and acquisition,
planning and design, and improvement of
military family housing and facilities,
$327,747,000.
(B) For support of military family housing
(including functions described in section 2833
of title 10, United States Code), $688,335,000.
(7) For the construction of increments 3 and 4 of
the main base runway at Edwards Air Force Base,
California, authorized by section 2301(a) of the
Military Construction Authorization Act for Fiscal Year
2006 (division B of Public Law 109-163; 119 Stat.
3494), $43,500,000.
(8) For the construction of increment 3 of the
CENTCOM Joint Intelligence Center at MacDill Air Force
Base, Florida, authorized by section 2301(a) of the
Military Construction Authorization Act for Fiscal Year
2006 (division B of Public Law 109-163; 119 Stat.
3494), as amended by section 2305 of the Military
Construction Authorization Act for Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2456),
$25,000,000.
SEC. 2305. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2007 AIR
FORCE PROJECTS FOR WHICH FUNDS WERE NOT
APPROPRIATED.
(a) Termination of Inside the United States Projects.--The
table in section 2301(a) of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public
Law 109-364; 120 Stat. 2453) is amended--
(1) in the item relating to Elmendorf, Alaska, by
striking ``$68,100,000'' in the amount column and
inserting ``$56,100,000'';
(2) in the item relating to Davis-Monthan Air Force
Base, Arizona, by striking ``$11,800,000'' in the
amount column and inserting ``$4,600,000'';
(3) by striking the item relating to Little Rock
Air Force Base, Arkansas;
(4) in the item relating to Travis Air Force Base,
California, by striking ``$85,800,000'' in the amount
column and inserting ``$73,900,000'';
(5) by striking the item relating to Peterson Air
Force Base, Colorado;
(6) in the item relating to Dover Air Force,
Delaware, by striking ``$30,400,000'' in the amount
column and inserting ``$26,400,000'';
(7) in the item relating to Eglin Air Force Base,
Florida, by striking ``$30,350,000'' in the amount
column and inserting ``$19,350,000'';
(8) in the item relating to Tyndall Air Force Base,
Florida, by striking ``$8,200,000'' in the amount
column and inserting ``$1,800,000'';
(9) in the item relating to Robins Air Force Base,
Georgia, by striking ``$59,600,000'' in the amount
column and inserting ``$38,600,000'';
(10) in the item relating to Scott Air Force,
Illinois, by striking ``$28,200,000'' in the amount
column and inserting ``$20,000,000'';
(11) by striking the item relating to McConnell Air
Force Base, Kansas;
(12) by striking the item relating to Hanscom Air
Force Base, Massachusetts;
(13) by striking the item relating to Whiteman Air
Force Base, Missouri;
(14) by striking the item relating to Malmstrom Air
Force Base, Montana;
(15) in the item relating to McGuire Air Force
Base, New Jersey, by striking ``$28,500,000'' in the
amount column and inserting ``$15,500,000'';
(16) by striking the item relating to Kirtland Air
Force Base, New Mexico;
(17) by striking the item relating to Minot Air
Force Base, North Dakota;
(18) in the item relating to Altus Air Force Base,
Oklahoma, by striking ``$9,500,000'' in the amount
column and inserting ``$1,500,000'';
(19) by striking the item relating to Tinker Air
Force Base, Oklahoma;
(20) by striking the item relating to Charleston
Air Force Base, South Carolina;
(21) in the item relating to Shaw Air Force Base,
South Carolina, by striking ``$31,500,000'' in the
amount column and inserting ``$22,200,000'';
(22) by striking the item relating to Ellsworth Air
Force Base, South Dakota;
(23) by striking the item relating to Laughlin Air
Force Base, Texas;
(24) by striking the item relating to Sheppard Air
Force Base, Texas;
(25) in the item relating to Hill Air Force Base,
Utah, by striking ``$63,400,000'' in the amount column
and inserting ``$53,400,000''; and
(26) by striking the item relating to Fairchild Air
Force Base, Washington.
(b) Conforming Amendments.--Section 2304(a) of such Act
(120 Stat. 2455) is amended--
(1) in the matter preceding paragraph (1), by
striking ``$3,231,442,000'' and inserting
``$3,005,817,000''; and
(2) in paragraph (1), by striking ``$962,286,000''
and inserting ``$736,661,000''.
(c) Exception.--The termination of the authorization of a
military construction project or land acquisition as a result
of the amendment made by subsection (a) shall not apply with
respect to a military construction project or land
acquisition--
(1) that was authorized by section 2301(a) of such
Act; and
(2) for which a contract for the construction or
acquisition was entered into before October 1, 2007.
SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2006 PROJECTS.
(a) Further Modification of Inside the United States
Project.--The table in section 2301(a) of the Military
Construction Authorization Act for Fiscal Year 2006 (division B
of Public Law 109-163; 119 Stat. 3494), as amended by section
2305(a) of the Military Construction Authorization Act for
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat.
2456), is further amended--
(1) in the item relating to Edwards Air Force Base,
California, by striking ``$103,000,000'' in the amount
column and inserting ``$111,500,000''; and
(2) in the item relating to MacDill Air Force Base,
Florida, by striking ``$101,500,000'' in the amount
column and inserting ``$126,500,000''.
(b) Conforming Amendments.--Section 2304(b) of the Military
Construction Authorization Act for Fiscal Year 2006 (division B
of Public Law 109-163; 119 Stat. 3496), as amended by section
2305(b) of the Military Construction Authorization Act for
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat.
2456), is further amended--
(1) in paragraph (3), by striking ``$66,000,000''
and inserting ``$74,500,000''; and
(2) in paragraph (4), by striking ``$23,300,000''
and inserting ``$48,300,000''.
SEC. 2307. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2005
PROJECTS.
(a) Extension and Renewal.--Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal Year
2005 (division B of Public Law 108-375; 118 Stat. 2116), the
authorizations set forth in the table in subsection (b), as
provided in section 2302 of that Act (118 Stat. 2110), shall
remain in effect until October 1, 2008, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2009, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Air Force: Extension of 2005 Project Authorizations
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Davis-Monthan Air Force Base, Family housing (250 $48,500,000
Arizona. units).
Vandenberg Air Force Base, Family housing (120 $30,906,000
California. units).
MacDill Air Force Base, Florida Family housing (61 $21,723,000
units).
Housing maintenance $1,250,000
facility.
Columbus Air Force Base, Housing management $711,000
Mississippi. facility.
Whiteman Air Force Base, Family housing (160 $37,087,000
Missouri. units).
Seymour Johnson Air Force Base, Family housing (167 $32,693,000
North Carolina. units).
Goodfellow Air Force Base, Family housing (127 $20,604,000
Texas. units).
Ramstein Air Base, Germany..... USAFE Theater Aerospace $24,024,000
Operations Support
Center.
------------------------------------------------------------------------
SEC. 2308. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2004
PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2004
(division B of Public Law 108-136; 117 Stat. 1716),
authorizations set forth in the table in subsection (b), as
provided in section 2302 of that Act (117 Stat. 1710) and
extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public
Law 109-364; 120 Stat. 2464), shall remain in effect until
October 1, 2008, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2009, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Air Force: Extension of 2004 Project Authorizations
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Travis Air Force Base, Family housing (56 $12,723,000
California. units).
Eglin Air Force Base, Florida.. Family housing (279 $32,166,000
units).
------------------------------------------------------------------------
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Termination or modification of authority to carry out certain
fiscal year 2007 Defense Agencies projects.
Sec. 2405. Munitions demilitarization facilities, Blue Grass Army Depot,
Kentucky, and Pueblo Chemical Activity, Colorado.
Sec. 2406. Extension of authorizations of certain fiscal year 2005
projects.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(1), the Secretary of Defense may acquire real property
and carry out military construction projects for the
installations or locations inside the United States, and in the
amounts, set forth in the following tables:
Defense Education Activity
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
North Carolina............................... Marine Corps Base, Camp Lejeune.................. $2,014,000
----------------------------------------------------------------------------------------------------------------
Defense Intelligence Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
District of Columbia........................... Bolling Air Force Base......................... $1,012,000
----------------------------------------------------------------------------------------------------------------
Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Port Loma Annex.................................. $140,000,000
Florida...................................... Naval Air Station, Key West...................... $1,874,000
Hawaii....................................... Hickam Air Force Base............................ $11,900,000
New Mexico................................... Kirtland Air Force Base.......................... $1,800,000
Ohio......................................... Defense Supply Center Columbus................... $4,000,000
Pennsylvania................................. Defense Distribution Depot, New Cumberland....... $21,000,000
Virginia..................................... Fort Belvoir..................................... $5,000,000
----------------------------------------------------------------------------------------------------------------
National Security Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Maryland..................................... Fort Meade....................................... $11,901,000
----------------------------------------------------------------------------------------------------------------
Special Operations Command
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Marine Corps Base, Camp Pendleton................ $20,030,000
Naval Amphibious Base, Coronodo.................. $12,000,000
Florida...................................... Hurlburt Field................................... $29,111,000
MacDill Air Force Base........................... $47,700,000
Georgia...................................... Fort Benning..................................... $35,000,000
Hunter Army Air Field............................ $13,800,000
Kentucky..................................... Fort Campbell.................................... $53,500,000
Mississippi.................................. Stennis Space Center............................. $10,200,000
New Mexico................................... Cannon Air Force Base............................ $7,500,000
North Carolina............................... Fort Bragg....................................... $47,250,000
Marine Corps Base, Camp Lejeune.................. $28,210,000
Virginia..................................... Dam Neck......................................... $113,800,000
Naval Amphibious Base, Little Creek.............. $48,000,000
Washington................................... Fort Lewis....................................... $77,000,000
----------------------------------------------------------------------------------------------------------------
TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Florida...................................... MacDill Air Force Base........................... $5,000,000
Illinois..................................... Naval Hospital, Great Lakes...................... $99,000,000
New York..................................... Fort Drum........................................ $41,000,000
Texas........................................ Camp Bullis...................................... $7,400,000
Virginia..................................... Naval Station, Norfolk........................... $6,450,000
Washington................................... Fort Lewis....................................... $21,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(2), the Secretary of Defense may acquire real property
and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following tables:
Defense Education Activity
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Belgium....................................... Sterrebeek...................................... $5,992,000
Germany....................................... Ramstein Air Base............................... $5,393,000
Wiesbaden Air Base.............................. $20,472,000
----------------------------------------------------------------------------------------------------------------
Special Operations Command
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Bahrain....................................... Southwest Asia.................................. $19,000,000
Qatar......................................... Al Udeid AB..................................... $52,852,000
----------------------------------------------------------------------------------------------------------------
TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany....................................... Spangdahlem Air Base............................ $30,100,000
----------------------------------------------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using the amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(3), the Secretary of Defense may acquire real property
and carry out military construction projects for unspecified
installations or locations in the amount set forth in the
following table:
Defense Agencies: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Worldwide Classified Classified Project....... $1,887,000
------------------------------------------------------------------------
SEC. 2402. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2403(a)(7), the Secretary of Defense
may carry out energy conservation projects under chapter 173 of
title 10, United States Code, in the amount of $70,000,000.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be
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
$1,763,120,000 as follows:
(1) For military construction projects inside the
United States authorized by section 2401(a),
$791,902,000.
(2) For military construction projects outside the
United States authorized by section 2401(b),
$133,809,000.
(3) For the military construction projects at
unspecified worldwide locations authorized by section
2301(c), $1,887,000.
(4) For unspecified minor military construction
projects under section 2805 of title 10, United States
Code, $23,711,000.
(5) For contingency construction projects of the
Secretary of Defense under section 2804 of title 10,
United States Code, $5,000,000.
(6) For architectural and engineering services and
construction design under section 2807 of title 10,
United States Code, $155,569,000.
(7) For energy conservation projects authorized by
section 2402 of this Act, $70,000,000.
(8) For military family housing functions:
(A) For support of military family housing
(including functions described in section 2833
of title 10, United States Code), $48,848,000.
(B) For credit to the Department of Defense
Family Housing Improvement Fund established by
section 2883(a)(1) of title 10, United States
Code, $500,000.
(9) For the construction of increment 3 of the
regional security operations center at Kunia, Hawaii,
authorized by section 2401(a) of the Military
Construction Authorization Act of Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3497), as
amended by section 7017 of the Emergency Supplemental
Appropriations Act for Defense, the Global War on
Terror, and Hurricane Recovery, 2006 (Public Law 109-
234; 120 Stat. 485), $136,318,000.
(10) For the construction of increment 3 of the
regional security operations center at Augusta,
Georgia, authorized by section 2401(a) of the Military
Construction Authorization Act of Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3497), as
amended by section 7016 of the Emergency Supplemental
Appropriations Act for Defense, the Global War on
Terror, and Hurricane Recovery, 2006 (Public Law 109-
234; 120 Stat. 485), $100,000,000.
(11) For the construction of increment 2 of the
health clinic replacement at MacDill Air Force Base,
Florida, authorized by section 2401(a) of the Military
Construction Authorization Act of Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2457),
$41,400,000.
(12) For the construction of increment 2 of the
replacement of the Army Medical Research Institute of
Infectious Diseases at Fort Detrick, Maryland,
authorized by section 2401(a) of the Military
Construction Authorization Act of Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2457),
$150,000,000.
(13) For the construction of increment 9 of a
munitions demilitarization facility at Pueblo Chemical
Activity, Colorado, authorized by section 2401(a) of
the Military Construction Authorization Act for Fiscal
Year 1997 (division B of Public Law 104-201; 110 Stat.
2775), as amended by section 2406 of the Military
Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 839) and
section 2407 of the Military Construction Authorization
Act for Fiscal Year 2003 (division B of Public Law 107-
314; 116 Stat. 2698), $35,159,000.
(14) For the construction of increment 8 of a
munitions demilitarization facility at Blue Grass Army
Depot, Kentucky, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year
2000 (division B of Public Law 106-65; 113 Stat. 835),
as amended by section 2405 of the Military Construction
Authorization Act for Fiscal Year 2002 (division B of
Public Law 107-107; 115 Stat. 1298) and section 2405 of
the Military Construction Authorization Act for Fiscal
Year 2003 (division B of Public Law 107-314; 116 Stat.
2698), $69,017,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2401 of this Act may not exceed the sum of the
following:
(1) The total amount authorized to be appropriated
under paragraphs (1), (2), and (3) of subsection (a).
(2) $84,300,000 (the balance of the amount
authorized for the Defense Logistics Agency under
section 2401(a) for the replacement of fuel storage
facilities, Point Loma Annex, California).
(3) $47,250,000 (the balance of the amount
authorized for the Special Operations Command under
section 2401(a) for a special operations forces
operations facility at Dam Neck, Virginia).
SEC. 2404. TERMINATION OR MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2007 DEFENSE AGENCIES PROJECTS.
(a) Termination of Projects for Which Funds Were Not
Appropriated.--The table relating to Special Operations Command
in section 2401(a) of the Military Construction Authorization
Act for Fiscal Year 2007 (division B of Public Law 109-364; 120
Stat. 2457) is amended--
(1) by striking the item relating to Stennis Space
Center, Mississippi; and
(2) in the item relating to Fort Bragg, North
Carolina, by striking ``$51,768,000'' in the amount
column and inserting ``$44,868,000''.
(b) Modification of Authority to Carry Out Certain Base
Closure and Realignment Activities.--Section 2405(a)(7) of that
Act (120 Stat. 2460) is amended by striking ``$191,220,000''
and inserting ``$252,279,000''.
(c) Modification of Munitions Demilitarization Facility
Project.--Section 2405(a)(15) of that Act (120 Stat. 2461) is
amended by striking ``$99,157,000'' and inserting
``$89,157,000''.
(d) Conforming Amendments.--Section 2405(a) of that Act
(120 Stat. 2460) is amended--
(1) in the matter preceding paragraph (1), by
striking ``$7,163,431,000'' and inserting
``$7,197,390,000''; and
(2) in paragraph (1), by striking ``$533,099,000''
and inserting ``$515,999,000''.
SEC. 2405. MUNITIONS DEMILITARIZATION FACILITIES, BLUE GRASS ARMY
DEPOT, KENTUCKY, AND PUEBLO CHEMICAL ACTIVITY,
COLORADO.
(a) Munitions Demilitarization Facility, Blue Grass Army
Depot.--
(1) Authority to increase amount for
construction.--Consistent with the total project amount
authorized for the construction of a munitions
demilitarization facility at Blue Grass Army Depot,
Kentucky, by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 836), as
amended by section 2405 of the Military Construction
Authorization Act for Fiscal Year 2002 (division B of
Public Law 107-107; 115 Stat. 1298) and section 2405 of
the Military Construction Authorization Act for Fiscal
Year 2003 (division B of Public Law 107-314; 116 Stat.
2698), the Secretary of Defense may transfer amounts of
authorizations made available by section 2403(a)(1) of
this Act to increase amounts available for the
construction of increment 8 of such munitions
demilitarization facility.
(2) Aggregate limit.--The aggregate amount of
authorizations that the Secretary may transfer under
the authority of this subsection may not exceed
$17,300,000.
(b) Munitions Demilitarization Facility, Pueblo Chemical
Activity.--
(1) Authority to increase amount for
construction.--Consistent with the total project amount
authorized for the construction a munitions
demilitarization facility at Pueblo Chemical Activity,
Colorado, by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1997
(Public Law 104-201; 110 Stat. 2775), as amended by
section 2406 of the Military Construction Authorization
Act for Fiscal Year 2000 (division B of Public Law 106-
65; 113 Stat. 839) and section 2407 of the Military
Construction Authorization Act for Fiscal Year 2003
(division B of Public Law 107-314; 116 Stat. 2698), the
Secretary of Defense may transfer amounts of
authorizations made available by section 2403(a)(1) of
this Act to increase amounts available for the
construction of increment 9 of such munitions
demilitarization facility.
(2) Aggregate limit.--The aggregate amount of
authorizations that the Secretary may transfer under
the authority of this subsection may not exceed
$32,000,000.
(c) Certification Requirement.--Before exercising the
authority provided in subsection (a) or (b), the Secretary of
Defense shall provide to the congressional defense committees--
(1) a certification that the transfer under such
subsection of amounts authorized to be appropriated is
in the best interest of national security; and
(2) a statement that the increased amount
authorized to be appropriated will be used to carry out
authorized military construction activities.
SEC. 2406. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2005
PROJECTS.
(a) Extension and Renewal.--Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal Year
2005 (division B of Public Law 108-375; 118 Stat. 2116), the
authorizations set forth in the table in subsection (b), as
provided in section 2401 of that Act (118 Stat. 2112), shall
remain in effect until October 1, 2008, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2009, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Defense Agencies: Extension of 2005 Project Authorizations
------------------------------------------------------------------------
Installation or Location Agency and Project Amount
------------------------------------------------------------------------
Naval Air Station, Oceana, DLA bulk fuel storage $3,589,000
Virginia. tank.
Naval Air Station, Jacksonville, TMA hospital project. $28,438,000
Florida.
------------------------------------------------------------------------
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
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 section 2806 of title 10, United States Code, in
an amount not to exceed the sum of the amount authorized to be
appropriated for this purpose in section 2502 and the amount
collected from the North Atlantic Treaty Organization as a
result of construction previously financed by the United
States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2007, for contributions by
the Secretary of Defense under section 2806 of title 10, United
States Code, for the share of the United States of the cost of
projects for the North Atlantic Treaty Organization Security
Investment Program authorized by section 2501, in the amount of
$201,400,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Termination of authority to carry out fiscal year 2007 Guard
and Reserve projects for which funds were not appropriated.
Sec. 2608. Modification of authority to carry out fiscal year 2006 Air
Force Reserve construction and acquisition projects.
Sec. 2609. Extension of authorizations of certain fiscal year 2005
projects.
Sec. 2610. Extension of authorizations of certain Fiscal Year 2004
projects.
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(1)(A), the Secretary of the Army
may acquire real property and carry out military construction
projects for the Army National Guard locations, and in the
amounts, set forth in the following table:
Army National Guard
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Alabama......................... Springville........ $3,300,000
Arizona......................... Florence........... $10,870,000
Arkansas........................ Camp Robinson...... $25,823,000
California...................... Camp Roberts....... $2,850,000
Sacramento Army $21,000,000
Depot.
Connecticut..................... Niantic............ $13,600,000
Florida......................... Camp Blanding...... $15,524,000
Jacksonville....... $12,200,000
Idaho........................... Gowen Field........ $7,615,000
Orchard Training $1,700,000
Area.
Illinois........................ St. Clair County... $8,100,000
Indiana......................... Muscatatuck........ $4,996,000
Iowa............................ Iowa City.......... $13,186,000
Kentucky........................ London............. $2,427,000
Michigan........................ Camp Grayling...... $2,450,000
Lansing............ $4,239,000
Minnesota....................... Camp Ripley........ $17,450,000
Mississippi..................... Camp Shelby........ $4,000,000
Missouri........................ Whiteman Air Force $30,000,000
Base.
North Carolina.................. Asheville.......... $3,733,000
North Dakota.................... Camp Grafton....... $33,416,000
Oregon.......................... Ontario............ $11,000,000
Pennsylvania.................... Carlisle........... $7,800,000
East Fallowfield $8,300,000
Township.
Fort Indiantown Gap $9,500,000
Gettysburg......... $6,300,000
Graterford......... $7,300,000
Hanover............ $5,500,000
Hazelton........... $5,600,000
Holidaysburg....... $9,400,000
Huntingdon......... $7,500,000
Kutztown........... $6,800,000
Lebanon............ $7,800,000
Philadelphia....... $13,650,000
Waynesburg......... $9,000,000
Rhode Island.................... East Greenwich..... $8,200,000
North Kingstown.... $33,000,000
Texas........................... Camp Bowie......... $1,500,000
Fort Wolters....... $2,100,000
Utah............................ North Salt Lake.... $12,200,000
Vermont......................... Ethan Allen Range.. $1,996,000
Virginia........................ Fort Pickett....... $26,211,000
Winchester......... $3,113,000
West Virginia................... Camp Dawson........ $9,400,000
Wyoming......................... Camp Guernsey...... $2,650,000
------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(1)(B), the Secretary of the Army
may acquire real property and carry out military construction
projects for the Army Reserve locations, and in the amounts,
set forth in the following table:
Army Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
California...................... BT Collins......... $6,874,000
Fort Hunter Liggett $7,035,000
Garden Grove....... $25,440,000
Montana......................... Butte.............. $7,629,000
New Jersey...................... Fort Dix........... $22,900,000
New York........................ Fort Drum.......... $15,923,000
Texas........................... Ellington Field.... $15,000,000
Fort Worth......... $15,076,000
Wisconsin....................... Ellsworth.......... $9,100,000
Fort McCoy......... $8,523,000
------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(a)(2), the Secretary of the Navy
may acquire real property and carry out military construction
projects for the Navy Reserve and Marine Corps Reserve
locations, and in the amounts, set forth in the following
table:
Navy Reserve and Marine Corps Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
California.................... Miramar.............. $5,580,000
Michigan...................... Selfridge............ $4,030,000
Ohio.......................... Wright-Patterson Air $10,277,000
Force Base.
Oregon........................ Portland............. $1,900,000
South Dakota.................. Sioux Falls.......... $3,730,000
Texas......................... Austin............... $6,490,000
Fort Worth........... $27,484,000
Virginia...................... Quantico............. $2,410,000
------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(3)(A), the Secretary of the Air
Force may acquire real property and carry out military
construction projects for the Air National Guard locations, and
in the amounts, set forth in the following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Colorado....................................... Buckley Air National Guard Base.................. $7,300,000
Delaware....................................... New Castle....................................... $10,800,000
Florida........................................ Jacksonville International Airport............... $6,000,000
Georgia........................................ Savannah International Airport................... $9,000,000
Indiana........................................ Hulman Regional Airport.......................... $7,700,000
Kansas......................................... Smoky Hill Air National Guard Range.............. $9,000,000
Louisiana...................................... Camp Beauregard.................................. $1,800,000
Massachusetts.................................. Otis Air National Guard Base..................... $1,800,000
Barnes Air National Guard Base................... $7,300,000
Mississippi.................................... Key Field........................................ $6,100,000
Nebraska....................................... Lincoln.......................................... $8,900,000
Nevada......................................... Reno-Tahoe International Airport................. $5,200,000
New Hampshire.................................. Pease Air National Guard Base.................... $8,900,000
New Jersey..................................... Atlantic City.................................... $9,800,000
New York....................................... Gabreski Airport................................. $8,400,000
Griffiss......................................... $6,600,000
Hancock Field.................................... $5,100,000
North Carolina................................. Charlotte........................................ $4,000,000
Ohio........................................... Rickenbacker Air National Guard Base............. $7,600,000
Pennsylvania................................... Fort Indiantown Gap.............................. $12,700,000
Harrisburg....................................... $1,000,000
Rhode Island................................... Quonset State Airport............................ $5,000,000
South Dakota................................... Joe Foss Field................................... $7,900,000
Tennessee...................................... Lovell Field..................................... $8,200,000
McGhee-Tyson Airport............................. $3,200,000
Memphis International Airport.................... $11,376,000
Texas.......................................... Ellington Field.................................. $7,200,000
Vermont........................................ Burlington....................................... $6,600,000
West Virginia.................................. Eastern WV Regional Airport...................... $50,776,000
Yeager........................................... $17,300,000
Wisconsin...................................... Truax Field...................................... $7,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(3)(B), the Secretary of the Air
Force may acquire real property and carry out military
construction projects for the Air Force Reserve locations, and
in the amounts, set forth in the following table:
Air Force Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Alaska........................ Elmendorf Air Force $14,950,000
Base.
Utah.......................... Hill Air Force Base.. $3,200,000
------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2007, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title 10,
United States Code (including the cost of acquisition of land
for those facilities), in the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the
United States, $536,656,000; and
(B) for the Army Reserve, $148,133,000.
(2) For the Department of the Navy, for the Navy
and Marine Corps Reserve, $64,430,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the
United States, $287,537,000; and
(B) for the Air Force Reserve, $28,359,000.
SEC. 2607. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2007 GUARD
AND RESERVE PROJECTS FOR WHICH FUNDS WERE NOT
APPROPRIATED.
Section 2601 of the Military Construction Authorization Act
for Fiscal Year 2007 (division B of Public Law 109-364; 120
Stat. 2463) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking
``$561,375,000'' and inserting
``$476,697,000''; and
(B) in subparagraph (B), by striking
``$190,617,000'' and inserting
``$167,987,000'';
(2) in paragraph (2), by striking ``49,998,000''
and inserting ``$43,498,000''; and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking
``$294,283,000'' and inserting
``$133,983,000''; and
(B) in subparagraph (B), by striking
``$56,836,000'' and inserting ``$47,436,000''.
SEC. 2608. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2006 AIR
FORCE RESERVE CONSTRUCTION AND ACQUISITION
PROJECTS.
Section 2601(3)(B) of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public
Law 109-163; 119 Stat. 3501) is amended by striking
``$105,883,000'' and inserting ``$102,783,000''.
SEC. 2609. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2005
PROJECTS.
(a) Extension and Renewal.--Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal Year
2005 (division B of Public Law 108-375; 118 Stat. 2116), the
authorizations set forth in the tables in subsection (b), as
provided in section 2601 of that Act (118 Stat. 2115), shall
remain in effect until October 1, 2008, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2009, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:
Army National Guard: Extension of 2005 Project Authorizations
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Dublin, California............... Readiness center..... $11,318,000
Gary, Indiana.................... Reserve center....... $9,380,000
------------------------------------------------------------------------
Army Reserve: Extension of 2005 Project Authorization
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Corpus Christi (Robstown), Texas. Storage facility..... $9,038,000
------------------------------------------------------------------------
SEC. 2610. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2004
PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2004
(division B of Public Law 108-136; 117 Stat. 1716), the
authorizations set forth in the table in subsection (b), as
provided in section 2601 of that Act (117 Stat. 1715) and
extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public
Law 109-364; 120 Stat. 2464), shall remain in effect until
October 1, 2008, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2009, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Army National Guard: Extension of 2004 Project Authorizations
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Albuquerque, New Mexico........ Readiness center....... $2,533,000
Fort Indiantown Gap, Multi-purpose training $15,338,000
Pennsylvania. range.
------------------------------------------------------------------------
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.
Sec. 2702. Authorized base closure and realignment activities funded
through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base closure and
realignment activities funded through Department of Defense
Base Closure Account 2005.
Sec. 2704. Authorized cost and scope of work variations for military
construction and military family housing projects related to
base closures and realignments.
Sec. 2705. Transfer of funds from Department of Defense Base Closure
Account 2005 to Department of Defense Housing Funds.
Sec. 2706. Comprehensive accounting of funding required to ensure timely
implementation of 2005 Defense Base Closure and Realignment
Commission recommendations.
Sec. 2707. Relocation of units from Roberts United States Army Reserve
Center and Navy-Marine Corps Reserve Center, Baton Rouge,
Louisiana.
Sec. 2708. Acquisition of real property, Fort Belvoir, Virginia, as part
of the realignment of the installation.
Sec. 2709. Report on availability of traffic infrastructure and
facilities to support base realignment.
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND
REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF
DEFENSE BASE CLOSURE ACCOUNT 1990.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2007, for base closure and
realignment activities, including real property acquisition and
military construction projects, as authorized by the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note) and funded through
the Department of Defense Base Closure Account 1990 established
by section 2906 of such Act, in the total amount of
$295,689,000, as follows:
(1) For the Department of the Army, $98,716,000.
(2) For the Department of the Navy, $50,000,000.
(3) For the Department of the Air Force,
$143,260,000.
(4) For the Defense Agencies, $3,713,000.
SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT 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 Public Law 101-510; 10 U.S.C.
2687 note) and funded through the Department of Defense Base
Closure Account 2005 established by section 2906A of such Act,
in the amount of $8,718,988,000.
SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND
REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF
DEFENSE BASE CLOSURE ACCOUNT 2005.
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 Public Law 101-510; 10 U.S.C. 2687 note) and funded through
the Department of Defense Base Closure Account 2005 established
by section 2906A of such Act, in the total amount of
$8,040,401,000, as follows:
(1) For the Department of the Army, $4,015,746,000.
(2) For the Department of the Navy, $733,695,000.
(3) For the Department of the Air Force,
$1,183,812,000.
(4) For the Defense Agencies, $2,107,148,000.
SEC. 2704. AUTHORIZED COST AND SCOPE OF WORK VARIATIONS FOR MILITARY
CONSTRUCTION AND MILITARY FAMILY HOUSING PROJECTS
RELATED TO BASE CLOSURES AND REALIGNMENTS.
(a) Variations Authorized.--Section 2905A of the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note) is amended by
adding at the end the following new subsection:
``(f) Authorized Cost and Scope of Work Variations.--(1)
Subject to paragraphs (2) and (3), the cost authorized for a
military construction project or military family housing
project to be carried out using funds in the Account may not be
increased or reduced by more than 20 percent or $2,000,000,
whichever is greater, of the amount specified for the project
in the conference report to accompany the Military Construction
Authorization Act authorizing the project. The scope of work
for such a project may not be reduced by more than 25 percent
from the scope specified in the most recent budget documents
for the projects listed in such conference report.
``(2) Paragraph (1) shall not apply to a military
construction project or military family housing project to be
carried out using funds in the Account with an estimated cost
of less than $5,000,000, unless the project has not been
previously identified in any budget submission for the Account
and exceeds the applicable minor construction threshold under
section 2805 of title 10, United States Code.
``(3) The limitation on cost or scope variation in
paragraph (1) shall not apply if the Secretary of Defense makes
a determination that an increase or reduction in cost or a
reduction in the scope of work for a military construction
project or military family housing project to be carried out
using funds in the Account needs to be made for the sole
purpose of meeting unusual variations in cost or scope. If the
Secretary makes such a determination, the Secretary shall
notify the congressional defense committees of the variation in
cost or scope not later than 21 days before the date on which
the variation is made in connection with the project or, if the
notification is provided in an electronic medium pursuant to
section 480 of title 10, United States Code, not later than 14
days before the date on which the variation is made. The
Secretary shall include the reasons for the variation in the
notification.''.
(b) Report on Existing Projects.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees a
report specifying all military construction projects and
military family housing projects carried out using funds in the
Department of Defense Base Closure Account 2005 for which a
cost or scope of work variation was made before that date that
would have been subject to subsection (f) of section 2905A of
the Defense Base Closure and Realignment Act of 1990, as added
by this section, if such subsection had been in effect when the
cost or scope of work variation was made. The Secretary shall
include a description of each variation covered by the report
and the reasons for the variation.
SEC. 2705. TRANSFER OF FUNDS FROM DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT 2005 TO DEPARTMENT OF DEFENSE HOUSING
FUNDS.
(a) Transfer Authority.--Subsection (c) of section 2883 of
title 10, United States Code, is amended--
(1) in paragraph (1), by adding at the end the
following new subparagraph:
``(G) Subject to subsection (f), any amounts that
the Secretary of Defense transfers to that Fund from
amounts in the Department of Defense Base Closure
Account 2005.''; and
(2) in paragraph (2), by adding at the end the
following new subparagraph:
``(G) Subject to subsection (f), any amounts that
the Secretary of Defense transfers to that Fund from
amounts in the Department of Defense Base Closure
Account 2005.''.
(b) Notification and Justification for Transfer.--
Subsection (f) of such section is amended--
(1) by striking ``paragraph (1)(B) or (2)(B)'' and
inserting ``subparagraph (B) or (G) of paragraph (1) or
subparagraph (B) or (G) of paragraph (2)''; and
(2) by adding at the end the following new
sentence: ``In addition, the notice required in
connection with a transfer under subparagraph (G) of
paragraph (1) or subparagraph (G) of paragraph (2)
shall include a certification that the amounts to be
transferred from the Department of Defense Base Closure
Account 2005 were specified in the conference report to
accompany the most recent Military Construction
Authorization Act.''.
SEC. 2706. COMPREHENSIVE ACCOUNTING OF FUNDING REQUIRED TO ENSURE
TIMELY IMPLEMENTATION OF 2005 DEFENSE BASE CLOSURE
AND REALIGNMENT COMMISSION RECOMMENDATIONS.
The Secretary of Defense shall submit to Congress with the
budget materials for fiscal year 2009 a comprehensive
accounting of the funding required to ensure that the plan for
implementing the final recommendations of the 2005 Defense Base
Closure and Realignment Commission remains on schedule for
completion by September 15, 2011, as required by section
2904(c)(5) of the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note).
SEC. 2707. RELOCATION OF UNITS FROM ROBERTS UNITED STATES ARMY RESERVE
CENTER AND NAVY-MARINE CORPS RESERVE CENTER, BATON
ROUGE, LOUISIANA.
The Secretary of the Army may use funds appropriated
pursuant to the authorization of appropriations in paragraphs
(1) and (2) of section 2703 for the purpose of siting an Army
Reserve Center and Navy and Marine Corps Reserve Center on land
under the control of the State of Louisiana adjacent to, or in
the vicinity of, the Baton Rouge Metropolitan Airport in Baton
Rouge, Louisiana, at a location determined by the Secretary to
be in the best interest of national security and in the public
interest.
SEC. 2708. ACQUISITION OF REAL PROPERTY, FORT BELVOIR, VIRGINIA, AS
PART OF THE REALIGNMENT OF THE INSTALLATION.
(a) Acquisition Authority.--Pursuant to section
2905(a)(1)(A) of the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), the relocation of members of the Armed Forces and
civilian employees of the Department of Defense who are
scheduled to be relocated to Fort Belvoir, Virginia, shall be
limited to the following locations:
(1) Fort Belvoir.
(2) A parcel of real property consisting of
approximately 69.5 acres, under the administrative
jurisdiction of the Administrator of General Services
(in this section referred to as the ``Administrator'')
and containing warehouse facilities in Springfield,
Virginia, (in this section referred to the ``GSA
Property'').
(3) Any other parcels of land (using including any
improvement thereon) that are acquired, using
competitive procedures, in fee in the vicinity of Fort
Belvoir.
(b) Acquisition Selection Criteria.--The Secretary of the
Army shall select the site to be used under subsection (a)
based on the best value to the Government, and, in making that
determination, the Secretary shall consider cost and schedule.
(c) GSA Property Transfer Authorized.--Pursuant to the
relocation alternative authorized by subsection (a)(2), the
Administrator may transfer the GSA Property to the
administrative jurisdiction of the Secretary of the Army for
the purpose of permitting the Secretary to construct facilities
on the property to support administrative functions to be
located at Fort Belvoir, Virginia.
(d) Implementation of GSA Property Transfer.--
(1) Consideration.--As consideration for the
transfer of the GSA Property under subsection (c), the
Secretary of the Army shall--
(A) pay all reasonable costs to move
personnel, furnishings, equipment, and other
material related to the relocation of functions
identified by the Administrator; and
(B) if determined to be necessary by the
Administrator--
(i) transfer to the administrative
jurisdiction of the Administrator a
parcel of property in the National
Capital Region under the jurisdiction
of the Secretary and determined to be
suitable by the Administrator;
(ii) design and construct storage
facilities, utilities, security
measures, and access to a road
infrastructure on the parcel
transferred under clause (i) to meet
the requirements of the Administrator;
and
(iii) enter into a memorandum of
agreement with the Administrator for
support services and security at the
new facilities constructed pursuant to
clause (ii).
(2) Equal value transfer.--As a condition of the
transfer of the GSA Property under subsection (c), the
transfer agreement shall provide that the fair market
value of the GSA Property and the consideration
provided under paragraph (1) shall be equal or, if not
equal, shall be equalized through the use of a cash
equalization payment.
(3) Description of property.--The exact acreage and
legal description of the GSA Property shall be
determined by surveys satisfactory to the Administrator
and the Secretary of the Army.
(4) Congressional notice.--Before undertaking an
activity under subsection (c) that would require
approval of a prospectus under section 3307 of title
40, United States Code, the Administrator shall provide
to the Committee on Transportation and Infrastructure
of the House of Representatives, the Committee on
Environment and Public Works of the Senate, and the
congressional defense committees a written notice
containing a description of the activity to be
undertaken.
(5) No effect on compliance with environmental
laws.--Nothing in this section or subsection (c) may be
construed to affect or limit the application of or
obligation to comply with any environmental law,
including section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620(h)).
(6) Additional terms and conditions.--The
Administrator and the Secretary of the Army may require
such additional terms and conditions in connection with
the GSA Property transfer as the Administrator, in
consultation with the Secretary, determines appropriate
to protect the interests of the United States and
further the purposes of this section.
(e) Administration of Transferred or Acquired Property.--
Upon completion of any property transfer or acquisition
authorized by subsection (a), the property shall be
administered by the Secretary of the Army as a part of Fort
Belvoir.
(f) Status Report.--Not later than March 1, 2008, the
Secretary of the Army shall submit to the congressional defense
committees a report on the status and estimated costs of
implementing subsection (a).
SEC. 2709. REPORT ON AVAILABILITY OF TRAFFIC INFRASTRUCTURE AND
FACILITIES TO SUPPORT BASE REALIGNMENT.
(a) Sense of Congress.--
(1) Designation of defense access roads.--It is the
sense of Congress that roads leading onto Fort Belvoir,
Virginia, and other military installations that will be
significantly impacted by an increase in the number of
members of the Armed Forces and civilian employees of
the Department of Defense assigned to the installation
as a result of the 2005 round of defense base closures
and realignments under the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public
Law 101-510; 10 U.S.C. 2687 note) or any other
significant impact resulting from a realignment of
forces should be considered for designation as defense
access roads for purposes of section 210 of title 23,
United States Code.
(2) Facilities and infrastructure.--It is the sense
of Congress that the Secretary of Defense should seek
to ensure that the permanent facilities and
infrastructure necessary to support the mission of the
Armed Forces and the quality of life needs of members
of the Armed Forces, civilian employees, and their
families are ready for use at receiving locations
before units are transferred to such locations as a
result of the 2005 round of defense base closures and
realignments.
(b) Study of Military Infrastructure and Surface
Transportation Infrastructure.--Not later than April 1, 2008,
the Comptroller General shall submit to the congressional
defense committees a report with regard to each military
installation that will be significantly impacted by an increase
in assigned forces or civilian personnel, as described in
subsection (a), for the purpose of determining whether--
(1) military facility requirements (including
quality of life projects) will be met before the
arrival of assigned forces; and
(2) the Department of Defense has programmed
sufficient funding to mitigate community traffic
congestion in accordance with the defense access roads
program under section 210 of title 23, United States
Code.
TITLE XXIX--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Authority to use operation and maintenance funds for
construction projects outside the United States.
Sec. 2802. Clarification of requirement for authorization of military
construction.
Sec. 2803. Increase in thresholds for unspecified minor military
construction projects.
Sec. 2804. Temporary authority to support revitalization of Department
of Defense laboratories through unspecified minor military
construction projects.
Sec. 2805. Extension of authority to accept equalization payments for
facility exchanges.
Sec. 2806. Modifications of authority to lease military family housing.
Sec. 2807. Expansion of authority to exchange reserve component
facilities.
Sec. 2808. Limitation on use of alternative authority for acquisition
and improvement of military housing for privatization of
temporary lodging facilities.
Sec. 2809. Two-year extension of temporary program to use minor military
construction authority for construction of child development
centers.
Sec. 2810. Report on housing privatization initiatives.
Subtitle B--Real Property and Facilities Administration
Sec. 2821. Requirement to report real property transactions resulting in
annual costs of more than $750,000.
Sec. 2822. Continued consolidation of real property provisions without
substantive change.
Sec. 2823. Modification of authority to lease non-excess property of the
military departments.
Sec. 2824. Cooperative agreement authority for management of cultural
resources on certain sites outside military installations.
Sec. 2825. Agreements to limit encroachments and other constraints on
military training, testing, and operations.
Sec. 2826. Expansion to all military departments of Army pilot program
for purchase of certain municipal services for military
installations.
Sec. 2827. Prohibition on commercial flights into Selfridge Air National
Guard Base.
Sec. 2828. Sense of Congress on Department of Defense actions to protect
installations, ranges, and military airspace from
encroachment.
Sec. 2829. Reports on Army and Marine Corps operational ranges.
Sec. 2830. Niagara Air Reserve Base, New York, basing report.
Sec. 2831. Report on the Pinon Canyon Maneuver Site, Colorado.
Subtitle C--Land Conveyances
Sec. 2841. Modification of conveyance authority, Marine Corps Base, Camp
Pendleton, California.
Sec. 2842. Grant of easement, Eglin Air Force Base, Florida.
Sec. 2843. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida.
Sec. 2844. Modification of lease of property, National Flight Academy at
the National Museum of Naval Aviation, Naval Air Station,
Pensacola, Florida.
Sec. 2845. Land exchange, Detroit, Michigan.
Sec. 2846. Transfer of jurisdiction, former Nike missile site, Grosse
Ile, Michigan.
Sec. 2847. Modification to land conveyance authority, Fort Bragg, North
Carolina.
Sec. 2848. Land conveyance, Lewis and Clark United States Army Reserve
Center, Bismarck, North Dakota.
Sec. 2849. Land exchange, Fort Hood, Texas.
Subtitle D--Energy Security
Sec. 2861. Repeal of congressional notification requirement regarding
cancellation ceiling for Department of Defense energy savings
performance contracts.
Sec. 2862. Definition of alternative fueled vehicle.
Sec. 2863. Use of energy efficient lighting fixtures and bulbs in
Department of Defense facilities.
Sec. 2864. Reporting requirements relating to renewable energy use by
Department of Defense to meet Department electricity needs.
Subtitle E--Other Matters
Sec. 2871. Revised deadline for transfer of Arlington Naval Annex to
Arlington National Cemetery.
Sec. 2872. Transfer of jurisdiction over Air Force Memorial to
Department of the Air Force.
Sec. 2873. Report on plans to replace the monument at the Tomb of the
Unknowns at Arlington National Cemetery, Virginia.
Sec. 2874. Increased authority for repair, restoration, and preservation
of Lafayette Escadrille Memorial, Marnes-la-Coquette, France.
Sec. 2875. Addition of Woonsocket local protection project.
Sec. 2876. Repeal of moratorium on improvements at Fort Buchanan, Puerto
Rico.
Sec. 2877. Establishment of national military working dog teams monument
on suitable military installation.
Sec. 2878. Report required prior to removal of missiles from 564th
Missile Squadron.
Sec. 2879. Report on condition of schools under jurisdiction of
Department of Defense Education Activity.
Sec. 2880. Report on facilities and operations of Darnall Army Medical
Center, Fort Hood Military Reservation, Texas.
Sec. 2881. Report on feasibility of establishing a regional disaster
response center at Kelly Air Field, San Antonio, Texas.
Sec. 2882. Naming of housing facility at Fort Carson, Colorado, in honor
of the Honorable Joel Hefley, a former member of the United
States House of Representatives.
Sec. 2883. Naming of Navy and Marine Corps Reserve Center at Rock
Island, Illinois, in honor of the Honorable Lane Evans, a
former member of the United States House of Representatives.
Sec. 2884. Naming of research laboratory at Air Force Rome Research
Site, Rome, New York, in honor of the Honorable Sherwood L.
Boehlert, a former member of the United States House of
Representatives.
Sec. 2885. Naming of administration building at Joint Systems
Manufacturing Center, Lima, Ohio, in honor of the Honorable
Michael G. Oxley, a former member of the United States House
of Representatives.
Sec. 2886. Naming of Logistics Automation Training Facility, Army
Quartermaster Center and School, Fort Lee, Virginia, in honor
of General Richard H. Thompson.
Sec. 2887. Authority to relocate Joint Spectrum Center to Fort Meade,
Maryland.
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR
CONSTRUCTION PROJECTS OUTSIDE THE UNITED STATES.
(a) One-Year Extension of Authority.--Subsection (a) of
section 2808 of the Military Construction Authorization Act for
Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat.
1723), as amended by section 2810 of the Military Construction
Authorization Act for Fiscal Year 2005 (division B of Public
Law 108-375; 118 Stat. 2128), section 2809 of the Military
Construction Authorization Act for Fiscal Year 2006 (division B
of Public Law 109-163; 119 Stat. 3508), and section 2802 of the
Military Construction Authorization Act for Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2466), is further
amended by striking ``2007'' and inserting ``2008''.
(b) Prenotification Requirement.--Subsection (b) of such
section is amended by striking the first sentence and inserting
the following new sentences: ``Before using appropriated funds
available for operation and maintenance to carry out a
construction project outside the United States that has an
estimated cost in excess of the amounts authorized for
unspecified minor military construction projects under section
2805(c) of title 10, United States Code, the Secretary of
Defense shall submit to the congressional committees specified
in subsection (f) a notice regarding the construction project.
The project may be carried out only after the end of the 10-day
period beginning on the date the notice is received by the
committees or, if earlier, the end of the 7-day period
beginning on the date on which a copy of the notification is
provided in an electronic medium pursuant to section 480 of
title 10, United States Code.''.
(c) Annual Limitation on Use of Authority.--Subsection (c)
of such section is amended to read as follows:
``(c) Annual Limitation on Use of Authority.--The total
cost of the construction projects carried out under the
authority of this section using, in whole or in part,
appropriated funds available for operation and maintenance
shall not exceed $200,000,000 in a fiscal year.''.
(d) Conforming Amendment.--Subsection (g) of such section
is amended by striking ``notice of the'' and inserting
``advance notice of the proposed''.
(e) Ratification of Proposed Construction and Land
Acquisition Projects Using Fiscal Year 2007 Operation and
Maintenance Funds.--The nine construction projects outside the
United States proposed to be carried out using funds
appropriated to the Department of Defense for operation and
maintenance for fiscal year 2007, but for which the obligation
or expenditure of funds was prohibited by subsection (g) of
section 2808 of the Military Construction Authorization Act for
Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat.
1723), as added by section 2809 of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public
Law 109-163; 119 Stat. 3508), may be carried out using such
funds after the date of the enactment of this Act
notwithstanding such subsection (g).
SEC. 2802. CLARIFICATION OF REQUIREMENT FOR AUTHORIZATION OF MILITARY
CONSTRUCTION.
(a) Clarification of Requirement for Authorization.--
Section 2802(a) of title 10, United States Code, is amended by
inserting after ``military construction projects'' the
following: ``, land acquisitions, and defense access road
projects (as described under section 210 of title 23)''.
(b) Clarification of Definition.--Section 2801(a) of such
title is amended by inserting after ``permanent requirements''
the following: ``, or any acquisition of land or construction
of a defense access road (as described in section 210 of title
23)''.
SEC. 2803. INCREASE IN THRESHOLDS FOR UNSPECIFIED MINOR MILITARY
CONSTRUCTION PROJECTS.
Section 2805(a)(1) of title 10, United States Code, is
amended by striking ``$1,500,000'' and inserting
``$2,000,000''.
SEC. 2804. TEMPORARY AUTHORITY TO SUPPORT REVITALIZATION OF DEPARTMENT
OF DEFENSE LABORATORIES THROUGH UNSPECIFIED MINOR
MILITARY CONSTRUCTION PROJECTS.
(a) Laboratory Revitalization.--Section 2805 of title 10,
United States Code, is amended--
(1) by redesignating subsection (d) as subsection
(e); and
(2) by inserting after subsection (c) the following
new subsection (d):
``(d) Laboratory Revitalization.--(1) For the
revitalization and recapitalization of laboratories owned by
the United States and under the jurisdiction of the Secretary
concerned, the Secretary concerned may obligate and expend--
``(A) from appropriations available to the
Secretary concerned for operation and maintenance,
amounts necessary to carry out an unspecified minor
military construction project costing not more than
$2,000,000; or
``(B) from appropriations available to the
Secretary concerned for military construction not
otherwise authorized by law, amounts necessary to carry
out an unspecified minor military construction project
costing not more than $4,000,000.
``(2) For an unspecified minor military construction
project conducted pursuant to this subsection, $2,000,000 shall
be deemed to be the amount specified in subsection (b)(1)
regarding when advance approval of the project by the Secretary
concerned and congressional notification is required. The
Secretary of Defense shall establish procedures for the review
and approval of requests from the Secretary of a military
department to carry out a construction project under this
subsection.
``(3) For purposes of this subsection, the total amount
allowed to be applied in any one fiscal year to projects at any
one laboratory shall be limited to the larger of the amounts
applicable under paragraph (1).
``(4) Not later than February 1, 2010, the Secretary of
Defense shall submit to the congressional defense committees a
report on the use of the authority provided by this subsection.
The report shall include a list and description of the
construction projects carried out under this subsection,
including the location and cost of each project.
``(5) In this subsection, the term `laboratory' includes--
``(A) a research, engineering, and development
center; and
``(B) a test and evaluation activity.
``(6) The authority to carry out a project under this
subsection expires on September 30, 2012.''.
(b) Stylistic Amendments.--Such section is further
amended--
(1) in subsection (a), by inserting ``Authority To
Carry Out Unspecified Minor Military Construction
Projects.--'' after ``(a)'';
(2) in subsection (b), by inserting ``Approval and
Congressional Notification.--'' after ``(b)'';
(3) in subsection (c), by inserting ``Use of
Operation and Maintenance Funds.--'' after ``(c)''; and
(4) in subsection (e), as redesignated by
subsection (a)(1), by inserting ``Prohibition on Use
for New Housing Units.--'' after ``(e)''.
SEC. 2805. EXTENSION OF AUTHORITY TO ACCEPT EQUALIZATION PAYMENTS FOR
FACILITY EXCHANGES.
Section 2809(c)(5) of the Military Construction
Authorization Act for Fiscal Year 2005 (division B of Public
Law 108-375; 118 Stat. 2127) is amended by striking ``September
30, 2007'' and inserting ``September 30, 2010''.
SEC. 2806. MODIFICATIONS OF AUTHORITY TO LEASE MILITARY FAMILY HOUSING.
(a) Increased Maximum Lease Amount Applicable to Certain
Domestic Army Family Housing Leases.--Subsection (b) of section
2828 of title 10, United States Code, is amended--
(1) in paragraph (2), by striking ``paragraphs (3)
and (4)'' and inserting ``paragraphs (3), (4), and
(7)'';
(2) in paragraph (5), by striking ``paragraphs (2)
and (3)'' and inserting ``paragraphs (2), (3), and
(7)''; and
(3) by adding at the end the following new
paragraph:
``(7)(A) Not more than 600 housing units may be leased by
the Secretary of the Army under subsection (a) for which the
expenditure for the rental of such units (including the cost of
utilities, maintenance, and operation) exceeds the maximum
amount per unit per year in effect under paragraph (2) but does
not exceed $18,620 per unit per year, as adjusted from time to
time under paragraph (5).
``(B) The maximum lease amount provided in subparagraph (A)
shall apply only to Army family housing in areas designated by
the Secretary of the Army.
``(C) The term of a lease under subparagraph (A) may not
exceed 2 years.''.
(b) Foreign Military Family Housing Leases.--Subsection
(e)(2) of such section is amended by striking ``the Secretary
of the Navy may lease not more than 2,800 units of family
housing in Italy, and the Secretary of the Army may lease not
more than 500 units of family housing in Italy'' and inserting
``the Secretaries of the military departments may lease not
more than 3,300 units of family housing in Italy''.
(c) Increased Threshold for Congressional Notification for
Foreign Military Family Housing Leases.--Subsection (f) of such
section is amended by striking ``$500,000'' and inserting
``$1,000,000''.
(d) Report Required.--Not later than March 1, 2008, the
Secretary of Defense shall submit to the congressional defense
committees a report on the rental of family housing in foreign
countries (including the costs of utilities, maintenance, and
operations) that exceed $60,000 per unit per year. The report
shall include a list and description of rental units (including
total gross square feet and number of bedrooms), location,
rental cost, the requirement for the rental, and the options
that the Secretary has available to decrease the costs
associated with the rentals.
SEC. 2807. EXPANSION OF AUTHORITY TO EXCHANGE RESERVE COMPONENT
FACILITIES.
Section 18240(a) of title 10, United States Code, is
amended by striking ``with a State'' in the first sentence and
inserting ``with an Executive agency (as defined in section 105
of title 5), the United States Postal Service, or a State''.
SEC. 2808. LIMITATION ON USE OF ALTERNATIVE AUTHORITY FOR ACQUISITION
AND IMPROVEMENT OF MILITARY HOUSING FOR
PRIVATIZATION OF TEMPORARY LODGING FACILITIES.
(a) Limitation on Privatization of Temporary Lodging
Facilities.--Notwithstanding any other provision of subchapter
IV of chapter 169 of title 10, United States Code, the
privatization of temporary lodging facilities under such
subchapter is limited to the military installations authorized
in subsection (b) until 120 days after the date on which the
report described in subsection (d)(1) is submitted.
(b) Authorized Installations.--The military installations
at which the privatization of temporary lodging facilities may
proceed under subsection (a) are the following:
(1) Redstone Arsenal, Alabama.
(2) Fort Rucker, Alabama.
(3) Yuma Proving Ground, Arizona.
(4) Fort McNair, District of Columbia.
(5) Fort Shafter, Hawaii.
(6) Tripler Army Medical Center, Hawaii.
(7) Fort Leavenworth, Kansas.
(8) Fort Riley, Kansas.
(9) Fort Polk, Louisiana.
(10) Fort Sill, Oklahoma.
(11) Fort Hood, Texas.
(12) Fort Sam Houston, Texas.
(13) Fort Myer, Virginia.
(c) Effect of Limitation.--The limitation imposed by
subsection (a) prohibits the issuance of contract solicitations
for the privatization of temporary lodging facilities at any
military installation not specified in subsection (b).
(d) Reporting Requirements.--
(1) Report by secretary of the army.--Not earlier
than eight months after the date on which the notice of
transfer associated with the military installations
specified in subsection (b) is issued, the Secretary of
the Army shall submit to the congressional defense
committees and the Comptroller General a report that--
(A) describes the implementation of the
privatization of temporary lodging facilities
at the installations specified in subsection
(b);
(B) evaluates the efficiency of the
program; and
(C) contains such recommendations as the
Secretary considers appropriate regarding
expansion of the program.
(2) Report by comptroller general.--Not later than
90 days after receiving the report under paragraph (1),
the Comptroller General shall submit to the
congressional defense committees a review of both the
privatization of temporary lodging facilities and the
report of the Secretary.
SEC. 2809. TWO-YEAR EXTENSION OF TEMPORARY PROGRAM TO USE MINOR
MILITARY CONSTRUCTION AUTHORITY FOR CONSTRUCTION OF
CHILD DEVELOPMENT CENTERS.
(a) Extension.--Subsection (e) of section 2810 of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3510) is amended
by striking ``September 30, 2007'' and inserting ``September
30, 2009''.
(b) Report Required.--Subsection (d) of such section is
amended by striking ``March 1, 2007'' and inserting ``March 1,
2009''.
SEC. 2810. REPORT ON HOUSING PRIVATIZATION INITIATIVES.
(a) Report Required.--Not later than March 31, 2008, the
Comptroller General shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report containing--
(1) a list of all housing privatization
transactions carried out by the Department of Defense
that, as of such date, are behind schedule or in
default; and
(2) recommendations regarding the opportunities for
the Federal Government to ensure that all terms of each
housing privatization transaction are completed
according to the original schedule and budget.
(b) Specific Information Regarding Each Transaction.--For
each housing privatization transaction included in the report
required by subsection (a), the report shall provide a
description of the following:
(1) The reasons for schedule delays, cost overruns,
or default.
(2) How solicitations and competitions were
conducted for the project.
(3) How financing, partnerships, legal
arrangements, leases, or contracts in relation to the
project were structured.
(4) Which entities, including Federal entities, are
bearing financial risk for the project, and to what
extent.
(5) The remedies available to the Federal
Government to restore the transaction to schedule or
ensure completion of the terms of the transaction in
question at the earliest possible time.
(6) The extent to which the Federal Government has
the ability to affect the performance of various
parties involved in the project.
(7) The remedies available to subcontractors to
recoup liens in the case of default, non-payment by the
developer or other party to the transaction or lease
agreement, or re-structuring.
(8) The remedies available to the Federal
Government to affect receivership actions or transfer
of ownership of the project.
(9) The names of the developers for the project and
any history of previous defaults or bankruptcies by
these developers or their affiliates.
(c) Housing Privatization Transaction Defined.--In this
section, the term ``housing privatization transaction'' means
any contract or other transaction for the construction or
acquisition of military family housing or military
unaccompanied housing entered into under the authority of
subchapter IV of chapter 169 of title 10, United States Code.
Subtitle B--Real Property and Facilities Administration
SEC. 2821. REQUIREMENT TO REPORT REAL PROPERTY TRANSACTIONS RESULTING
IN ANNUAL COSTS OF MORE THAN $750,000.
(a) Inclusion of Transactions Involving Defense Agencies.--
(1) Requirement to report.--Subsection (a) of
section 2662 of title 10, United States Code, is
amended--
(A) in paragraph (1), by striking ``, or
his designee,'' and inserting ``or, with
respect to a Defense Agency, the Secretary of
Defense''; and
(B) in paragraph (3), by inserting after
``military department'' the following: ``or the
Secretary of Defense''.
(2) Annual report regarding minor transactions.--
Subsection (b) of such section is amended by inserting
after ``military department'' the following: ``and,
with respect to Defense Agencies, the Secretary of
Defense''.
(3) Exceptions.--Subsection (g) of such section is
amended by adding at the end the following new
paragraph:
``(4) In this subsection, the term `Secretary concerned'
includes, with respect to Defense Agencies, the Secretary of
Defense.''.
(b) Inclusion of Additional Transaction.--Subsection (a)(1)
of such section is amended by adding at the end the following
new subparagraph:
``(G) Any transaction or contract action that
results in, or includes, the acquisition or use by, or
the lease or license to, the United States of real
property, if the estimated annual rental or cost for
the use of the real property is more than $750,000.''.
SEC. 2822. CONTINUED CONSOLIDATION OF REAL PROPERTY PROVISIONS WITHOUT
SUBSTANTIVE CHANGE.
(a) Consolidation.--Section 2663 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(h) Land Acquisition Options in Advance of Military
Construction Projects.--(1) The Secretary of a military
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 military department under the
jurisdiction of the Secretary.
``(2) As consideration for an option acquired under
paragraph (1), the Secretary may pay, from funds available to
the military department under the jurisdiction of the Secretary
for real property activities, an amount that is not more than
12 percent of the appraised fair market value of the
property.''.
(b) Repeal of Superseded Provision.--
(1) Repeal.--Section 2677 of such title is
repealed.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 159 of such title is amended
by striking the item relating to section 2677.
SEC. 2823. MODIFICATION OF AUTHORITY TO LEASE NON-EXCESS PROPERTY OF
THE MILITARY DEPARTMENTS.
(a) Elimination of Authority To Accept Facilities Operation
Support as In-Kind Consideration.--Subsection (c)(1) of section
2667 of title 10, United States Code, is amended--
(1) by redesignating subparagraph (E) as
subparagraph (F); and
(2) by striking subparagraph (D) and inserting the
following new subparagraphs:
``(D) Provision or payment of utility services for
the Secretary concerned.
``(E) Provision of real property maintenance
services for the Secretary concerned.''.
(b) Elimination of Authority To Use Rental and Certain
Other Proceeds for Facilities Operation Support.--Subsection
(e)(1)(C) of such section is amended--
(1) by adjusting the margins of clauses (ii) and
(iii) to conform to the margin of clause (i); and
(2) by striking clause (iv) and inserting the
following new clauses:
``(iv) Payment of utility services.
``(v) Real property maintenance services.''.
(c) Use of Competitive Procedures for Selection of Certain
Lessees.--Subsection (h) of such section is amended--
(1) in paragraph (1), by striking ``exceeds one
year, and the fair market value of the lease'' and
inserting ``exceeds one year, or the fair market value
of the lease'';
(2) by redesignating paragraph (3) as paragraph
(4); and
(3) by striking paragraph (2) and inserting the
following new paragraphs:
``(2) Paragraph (1) does not apply if the Secretary
concerned determines that--
``(A) a public interest will be served as a result
of the lease; and
``(B) the use of competitive procedures for the
selection of certain lessees is unobtainable or not
compatible with the public benefit served under
subparagraph (A).
``(3) Not later than 45 days before entering into a lease
described in paragraph (1), the Secretary concerned shall
submit to Congress written notice describing the terms of the
proposed lease and--
``(A) the competitive procedures used to select the
lessee; or
``(B) in the case of a lease involving the public
benefit exception authorized by paragraph (2), a
description of the public benefit to be served by the
lease.''.
(d) Technical Amendments Related to Prior-Year Amendment.--
Subsection (e) of such section is amended--
(1) in paragraph (1)(B)(ii), by striking
``paragraph (4), (5), or (6)'' and inserting
``paragraph (3), (4), or (5)''; and
(2) by redesignating paragraphs (4), (5), and (6)
as paragraphs (3), (4), and (5).
SEC. 2824. COOPERATIVE AGREEMENT AUTHORITY FOR MANAGEMENT OF CULTURAL
RESOURCES ON CERTAIN SITES OUTSIDE MILITARY
INSTALLATIONS.
(a) Expanded Authority.--Section 2684 of title 10, United
States Code, is amended--
(1) in subsection (a), by striking ``on military
installations'' and inserting ``located on a site
authorized by subsection (b)'';
(2) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(3) by inserting after subsection (a) the following
new subsection (b):
``(b) Authorized Cultural Resources Sites.--To be covered
by a cooperative agreement under subsection (a), cultural
resources must be located--
``(1) on a military installation; or
``(2) on a site outside of a military installation,
but only if the cooperative agreement will directly
relieve or eliminate current or anticipated
restrictions that would or might restrict, impede, or
otherwise interfere, whether directly or indirectly,
with current or anticipated military training, testing,
or operations on a military installation.''.
(b) Cultural Resource Defined.--Subsection (d) of such
section, as redesignated by subsection (a)(2), is amended by
adding at the end the following new paragraph:
``(5) An Indian sacred site, as defined in section
1(b)(iii) of Executive Order No. 13007.''.
SEC. 2825. AGREEMENTS TO LIMIT ENCROACHMENTS AND OTHER CONSTRAINTS ON
MILITARY TRAINING, TESTING, AND OPERATIONS.
(a) Management of Natural Resources of Acquired Property.--
Subsection (d) of section 2684a of title 10, United States
Code, is amended--
(1) by redesignating paragraphs (3), (4), (5), and
(6) as paragraphs (4), (5), (6), and (7), respectively;
and
(2) by inserting after paragraph (2) the following
new paragraph (3):
``(3) An agreement with an eligible entity under this
section may provide for the management of natural resources on
real property in which the Secretary concerned acquires any
right, title, or interest in accordance with this subsection
and for the payment by the United States of all or a portion of
the costs of such natural resource management if the Secretary
concerned determines that there is a demonstrated need to
preserve or restore habitat for the purpose described in
subsection (a)(2).''.
(b) Limitation on Portion of Acquisition Costs Borne by
United States.--Paragraph (4) of such subsection, as
redesignated by subsection (a)(1), is amended--
(1) by redesignating subparagraph (D) as
subparagraph (E);
(2) in subparagraph (C), by striking ``equal to the
fair market value'' and all that follows through the
period at the end and inserting ``equal to, at the
discretion of the Secretary concerned--
``(i) the fair market value of any property or
interest in property to be transferred to the United
States upon the request of the Secretary concerned
under paragraph (5); or
``(ii) the cumulative fair market value of all
properties or interests to be transferred to the United
States under paragraph (5) pursuant to an agreement
under subsection (a).''; and
(3) by inserting after subparagraph (C) the
following new subparagraph:
``(D) The portion of acquisition costs borne by the United
States under subparagraph (A) may exceed the amount determined
under subparagraph (C), but only if--
``(i) the Secretary concerned provides written
notice to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives containing--
``(I) a certification by the Secretary that
the military value to the United States of the
property or interest to be acquired justifies a
payment in excess of the fair market value of
the property or interest; and
``(II) a description of the military value
to be obtained; and
``(ii) the contribution toward the acquisition
costs of the property or interest is not made until at
least 14 days after the date on which the notice is
submitted under clause (i) or, if earlier, at least 10
days after the date on which a copy of the notice is
provided in an electronic medium pursuant to section
480 of this title.''.
SEC. 2826. EXPANSION TO ALL MILITARY DEPARTMENTS OF ARMY PILOT PROGRAM
FOR PURCHASE OF CERTAIN MUNICIPAL SERVICES FOR
MILITARY INSTALLATIONS.
(a) Expansion of Pilot Program.--Section 325 of the Ronald
W. Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 10 U.S.C. 2461 note) is amended--
(1) in the section heading, by striking ``Army''
and inserting ``Military'';
(2) in subsection (a)--
(A) by striking ``Secretary of the Army''
and inserting ``Secretary of a military
department''; and
(B) by striking ``an Army installation''
and inserting ``a military installation under
the jurisdiction of the Secretary''; and
(3) in subsection (d), by striking ``The
Secretary'' and inserting ``The Secretary of a military
department''.
(b) Participating Installations.--Subsection (c) of such
section is amended by striking ``two Army installations'' and
inserting ``three military installations from each military
service''.
(c) Extension of Duration of Program.--Such section is
further amended by striking subsections (e) and (f) and
inserting the following new subsection:
``(e) Termination of Pilot Program.--The pilot program
shall terminate on September 30, 2012. Any contract entered
into under the pilot program shall terminate not later than
that date.''.
SEC. 2827. PROHIBITION ON COMMERCIAL FLIGHTS INTO SELFRIDGE AIR
NATIONAL GUARD BASE.
The Secretary of Defense shall prohibit the use of
Selfridge Air National Guard Base by commercial service
aircraft.
SEC. 2828. SENSE OF CONGRESS ON DEPARTMENT OF DEFENSE ACTIONS TO
PROTECT INSTALLATIONS, RANGES, AND MILITARY
AIRSPACE FROM ENCROACHMENT.
(a) Findings.--In light of the initial report of the
Department of Defense submitted pursuant to section 2684a(g) of
title 10, United States Code, and of the RAND Corporation
report entitled ``The Thin Green Line: An Assessment of DoD's
Readiness and Environmental Protection Initiative to Buffer
Installation Encroachment'', Congress makes the following
findings:
(1) Development and loss of habitat in the vicinity
of, or in areas ecologically related to, military
installations, ranges, and airspace pose a continuing
and significant threat to the readiness of the Armed
Forces.
(2) The Range Sustainability Program (RSP) of the
Department of Defense, and in particular the Readiness
and Environmental Protection Initiative (REPI)
involving agreements pursuant to section 2684a of title
10, United States Code, have been effective in
addressing this threat to readiness with regard to a
number of important installations, ranges, and
airspace.
(3) The opportunities to take effective action to
protect installations, ranges, and airspace from
encroachment is in many cases transient, and delay in
taking action will result in either higher costs or
permanent loss of the opportunity effectively to
address encroachment.
(b) Sense of Congress.--It is the sense of Congress that
the Department of Defense should--
(1) develop additional policy guidance on the
further implementation of the Readiness and
Environmental Protection Initiative (REPI), to include
additional emphasis on protecting biodiversity and on
further refining procedures;
(2) give greater emphasis to effective cooperation
and collaboration on matters of mutual concern with
other Federal agencies charged with managing Federal
land; and
(3) ensure that each military department takes full
advantage of the authorities provided by section 2684a
of title 10, United States Code, in addressing
encroachment adversely affecting, or threatening to
adversely affect, the installations, ranges, and
military airspace of the department.
(c) Reporting Requirement.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense
shall review Chapter 6 of the initial report submitted to
Congress under section 2684a(g) of title 10, United States
Code, and report to the congressional defense committees on the
specific steps, if any, that the Secretary plans to take, or
recommends that Congress take, to address the issues raised in
such chapter.
SEC. 2829. REPORTS ON ARMY AND MARINE CORPS OPERATIONAL RANGES.
(a) Report on Utilization and Potential Expansion of Army
Operational Ranges.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Army shall
submit to the congressional defense committees a report
containing an assessment of the Army operational ranges used to
support training and range activities of the Army. The report
shall include the following information:
(1) The size, description, and mission-essential
tasks supported by each Army operational range during
fiscal year 2003.
(2) A description of the projected changes in Army
operational range requirements, including the size,
characteristics, and attributes for mission-essential
activities at each Army operational range and the
extent to which any changes in requirements are a
result of--
(A) decisions made as part of the 2005
round of defense base closure and realignment
under the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note);
(B) the conversion of Army brigades to a
modular format;
(C) the Integrated Global Presence and
Basing Strategy;
(D) the proposal contained in the budget
justification materials submitted in support of
the Department of Defense budget for fiscal
year 2008 to increase the size of the active
component of the Army to 547,400 personnel by
the end of fiscal year 2012 and any
modification or acceleration contemplated in
the budget submission for fiscal year 2009; or
(E) high operational tempos or surge
requirements.
(3) The projected deficit or surplus of land at
each Army operational range, and a description of the
Army's plan to address that projected deficit or
surplus of land as well as the upgrade of range
attributes at each existing Army operational range.
(4) A description of the Army's prioritization
process and investment strategy to address the
potential expansion or upgrade of Army operational
ranges.
(5) An analysis of alternatives to the expansion of
Army operational ranges, including an assessment of the
joint use of operational ranges under the jurisdiction,
custody, or control of the Secretary of another
military department.
(6) An analysis of the cost of, potential military
value of, and potential legal or practical impediments
to, the 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.
(7) An analysis of the impact of the proposal
described in paragraph (2)(D) 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--
(A) the projected utilization of the three
combat training centers of the Army if all of
the six light infantry brigades proposed to be
added to the active component of the Army would
be based in the United States; and
(B) the projected utilization of such
ranges if at least one of those brigades would
be based in Germany or if one of the brigades
proposed to be relocated pursuant to the plan
in paragraph (a)(2)(C) is retained in Germany.
(8) If the analysis required by paragraph (7)
indicates that the Joint Multi-National Readiness
Center in Hohenfels, Germany, or the Army's training
complex at Grafenwoehr, 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.
(b) Report on Potential Expansion of Marine Corps
Operational Ranges.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Navy shall
submit to the congressional defense committees a report
containing an assessment of Marine Corps operational ranges
used to support training and range activities of the Marine
Corps. The report required shall include the following
information:
(1) The size, description, and mission-essential
tasks supported by each major Marine Corps operational
range during fiscal year 2003.
(2) A description of the projected changes in
Marine Corps operational range requirements, including
the size, 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 and any modification or acceleration
contemplated in the budget submission for fiscal year
2009.
(3) The projected deficit or surplus of land at
each major Marine Corps operational range, and a
description of the 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.
(4) A description of the Secretary's prioritization
process and investment strategy to address the
potential expansion or upgrade of Marine Corps
operational ranges.
(5) An analysis of alternatives to the expansion of
Marine Corps operational ranges, including an
assessment of the joint use of operational ranges under
the jurisdiction, custody, or control of the Secretary
of another military department.
(6) An analysis of the cost of, potential military
value of, and potential legal or practical impediments
to, the 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.
(c) Supplemental Report.--Not later than 90 days after the
date on which the second of the two reports required by
subsections (a) and (b) is submitted, the Secretary of Defense
shall submit to the congressional defense committees a report
containing the following information:
(1) A description of initiatives by the Secretary
of Defense to coordinate the range expansion activities
of the Army and Marine Corps in order to gain
efficiencies in investment and resource allocation.
(2) An analysis of training requirements for the
Army and the Marine Corps that could be accomplished
through joint use of existing ranges.
(3) An analysis of the responses provided by the
Secretary of the Army under subsection (a)(5) and the
Secretary of the Navy subsection (b)(5).
(4) Any other matter that the Secretary of Defense
considers to be of importance to ensure the effective
and timely expansion of ranges to meet Army and Marine
Corps training requirements.
(d) Definitions.--In this section:
(1) The term ``Army operational range'' has the
meaning given the term ``operational range'' in section
101(e)(3) of title 10, United States Code, except that
the term is limited to operational ranges under the
jurisdiction, custody, or control of the Secretary of
the Army.
(2) The term ``Marine Corps operational range'' has
the meaning given the term ``operational range'' in
section 101(e)(3) of such title, except that the term
is limited to operational ranges under the
jurisdiction, custody, or control of the Secretary of
the Navy that are used by or available for use by the
Marine Corps.
(3) The term ``range activities'' has the meaning
given that term in section 101(e)(2) of such title.
SEC. 2830. NIAGARA AIR RESERVE BASE, NEW YORK, BASING REPORT.
Not later than March 1, 2008, the Secretary of the Air
Force shall submit to the congressional defense committees a
report 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.
SEC. 2831. REPORT ON THE PINON CANYON MANEUVER SITE, COLORADO.
(a) Report on the Pinon Canyon Maneuver Site.--
(1) Report required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
the Army shall submit to the congressional defense
committees a report on the Pinon Canyon Maneuver Site
(referred to in this section as ``the Site'').
(2) Content.--The report required under paragraph
(1) shall include the following:
(A) An analysis of whether existing
training facilities at Fort Carson, Colorado,
and the Site are sufficient to support the
training needs of units stationed or planned to
be stationed at Fort Carson, including the
following:
(i) A description of any new
training requirements or significant
developments affecting training
requirements for units stationed or
planned to be stationed at Fort Carson
since the 2005 Defense Base Closure and
Realignment Commission found that the
base has ``sufficient capacity'' to
support four brigade combat teams and
associated support units at Fort
Carson.
(ii) A study of alternatives for
enhancing training facilities at Fort
Carson and the Site within their
current geographic footprint, including
whether these additional investments or
measures could support additional
training activities.
(iii) A description of the current
training calendar and training load at
the Site, including--
(I) the number of brigade-
sized and battalion-sized
military exercises held at the
Site since its establishment;
(II) an analysis of the
maximum annual training load at
the Site, without expanding the
Site; and
(III) an analysis of the
training load and projected
training calendar at the Site
when all brigades stationed or
planned to be stationed at Fort
Carson are at home station.
(B) A report of need for any proposed
addition of training land to support units
stationed or planned to be stationed at Fort
Carson, including the following:
(i) A description of additional
training activities, and their benefits
to operational readiness, which would
be conducted by units stationed at Fort
Carson if, through leases or
acquisition from consenting landowners,
the Site were expanded to include--
(I) the parcel of land
identified as ``Area A'' in the
Potential PCMS Land expansion
map;
(II) the parcel of land
identified as ``Area B'' in the
Potential PCMS Land expansion
map;
(III) the parcels of land
identified as ``Area A'' and
``Area B'' in the Potential
PCMS Land expansion map;
(IV) acreage sufficient to
allow simultaneous exercises of
a light infantry brigade and a
heavy infantry brigade at the
Site;
(V) acreage sufficient to
allow simultaneous exercises of
two heavy infantry brigades at
the Site;
(VI) acreage sufficient to
allow simultaneous exercises of
a light infantry brigade and a
battalion at the Site; and
(VII) acreage sufficient to
allow simultaneous exercises of
a heavy infantry brigade and a
battalion at the Site.
(ii) An analysis of alternatives
for acquiring or utilizing training
land at other installations in the
United States to support training
activities of units stationed at Fort
Carson.
(iii) An analysis of alternatives
for utilizing other federally owned
land to support training activities of
units stationed at Fort Carson.
(C) An analysis of alternatives for
enhancing economic development opportunities in
southeastern Colorado at the current Site or
through any proposed expansion, including the
consideration of the following alternatives:
(i) The leasing of land on the Site
or any expansion of the Site to
ranchers for grazing.
(ii) The leasing of land from
private landowners for training.
(iii) The procurement of additional
services and goods, including biofuels
and beef, from local businesses.
(iv) The creation of an economic
development fund to benefit
communities, local governments, and
businesses in southeastern Colorado.
(v) The establishment of an
outreach office to provide technical
assistance to local businesses that
wish to bid on Department of Defense
contracts.
(vi) The establishment of
partnerships with local governments and
organizations to expand regional
tourism through expanded access to
sites of historic, cultural, and
environmental interest on the Site.
(vii) An acquisition policy that
allows willing sellers to minimize the
tax impact of a sale.
(viii) Additional investments in
Army missions and personnel, such as
stationing an active duty unit at the
Site, including--
(I) an analysis of
anticipated operational
benefits; and
(II) an analysis of
economic impacts to surrounding
communities.
(3) Potential pcms land expansion map defined.--In
this subsection, the term ``Potential PCMS Land
expansion map'' means the June 2007 map entitled
``Potential PCMS Land expansion''.
(b) Comptroller General Review of Report.--Not later than
180 days after the Secretary of Defense submits the report
required under subsection (a), the Comptroller General of the
United States shall submit to Congress a review of the report
and of the justification of the Army for expansion at the Site.
(c) Public Comment.--After the report required under
subsection (b) is submitted to Congress, the Army shall solicit
public comment on the report for a period of not less than 90
days. Not later than 30 days after the public comment period
has closed, the Secretary shall submit to Congress a written
summary of comments received.
Subtitle C--Land Conveyances
SEC. 2841. MODIFICATION OF CONVEYANCE AUTHORITY, MARINE CORPS BASE,
CAMP PENDLETON, CALIFORNIA.
Section 2851(a) of the Military Construction Authorization
Act for Fiscal Year 1999 (division B of Public Law 105-261; 112
Stat. 2219) is amended by striking ``, notwithstanding any
provision of State law to the contrary,'', as added by section
2867 of Public Law 107-107 (115 Stat. 1334).
SEC. 2842. GRANT OF EASEMENT, EGLIN AIR FORCE BASE, FLORIDA.
(a) Grant Authorized.--Secretary of the Air Force may use
the authority provided by section 2668 of title 10, United
States Code, to grant to the Mid Bay Bridge Authority an
easement for a roadway right-of-way over such land at Eglin Air
Force Base, Florida, as the Secretary determines necessary to
facilitate the construction of a road connecting the northern
landfall of the Mid Bay Bridge to Florida State Highway 85.
(b) Consideration.--As consideration for the grant of the
easement under subsection (a), the Mid Bay Bridge Authority
shall pay to the Secretary an amount equal to the fair-market-
value of the easement, as determined by the Secretary.
(c) Costs of Project.--As a condition of the grant of the
easement under subsection (a), the Mid Bay Bridge Authority
shall be responsible for all costs associated with the highway
project described in such subsection, including all costs the
Secretary determines to be necessary to address any impacts
that the project may have on the defense missions at Eglin Air
Force Base.
SEC. 2843. LAND CONVEYANCE, LYNN HAVEN FUEL DEPOT, LYNN HAVEN, FLORIDA.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey to Florida State University (in this section
referred to as the ``University'') all right, title, and
interest of the United States in and to a parcel of real
property, including improvements thereon, consisting of
approximately 40 acres located at the Lynn Haven Fuel Depot in
Lynn Haven, Florida, as a public benefit conveyance for the
purpose of permitting the University to develop the property as
a new satellite campus.
(b) Consideration.--
(1) In general.--For the conveyance of the property
under subsection (a), the University shall provide the
United States with consideration in an amount that is
acceptable to the Secretary, whether in the form of
cash payment, in-kind consideration, or a combination
thereof.
(2) Reduced tuition rates.--The Secretary may
accept as in-kind consideration under paragraph (1)
reduced tuition rates or scholarships for military
personnel at the University.
(c) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require
the University to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs
incurred by the Secretary, to carry out the conveyance
under subsection (a), including survey costs, appraisal
costs, and other costs related to the conveyance. If
amounts are collected from the University in advance of
the Secretary incurring the actual costs, and the
amount collected exceeds the costs actually incurred by
the Secretary to carry out the conveyance, the
Secretary shall refund the excess amount to the
University.
(2) Treatment of amounts received.--Amounts
received under paragraph (1) as reimbursement for costs
incurred by the Secretary to carry out the conveyance
under subsection (a) shall be credited to the fund or
account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance. Amounts
so credited shall be merged with amounts in such fund
or account and shall be available for the same
purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(d) Use of Property for Other Than Intended Purposes.--If
the Secretary determines at any time that the real property
conveyed under subsection (a) is not being used in accordance
with the purposes of the conveyance specified in such
subsection, the University shall pay to the United States an
amount equal to the fair market value of the property, as of
the time of such determination. The fair market value of the
property, excluding the value of any improvements made to the
property by the University, shall be determined by the
Secretary in accordance with Federal appraisal standards and
procedures.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsections (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2844. MODIFICATION OF LEASE OF PROPERTY, NATIONAL FLIGHT ACADEMY
AT THE NATIONAL MUSEUM OF NAVAL AVIATION, NAVAL AIR
STATION, PENSACOLA, FLORIDA.
Section 2850(a) of the Military Construction Authorization
Act for Fiscal Year 2001 (division B of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-428))
is amended--
(1) by striking ``naval aviation and'' and
inserting ``naval aviation,''; and
(2) by inserting before the period at the end the
following: ``, and, as of January 1, 2008, to teach the
science, technology, engineering, and mathematics
disciplines that have an impact on and relate to
aviation''.
SEC. 2845. LAND EXCHANGE, DETROIT, MICHIGAN.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator''
means the Administrator of General Services.
(2) City.--The term ``City'' means the city of
Detroit, Michigan.
(3) City land.--The term ``City land'' means the
approximately 0.741 acres of real property, including
any improvement thereon, as depicted on the exchange
maps, that is commonly identified as 110 Mount Elliott
Street, Detroit, Michigan.
(4) Commandant.--The term ``Commandant'' means the
Commandant of the United States Coast Guard.
(5) EDC.--The term ``EDC'' means the Economic
Development Corporation of the City of Detroit.
(6) Exchange maps.--The term ``exchange maps''
means the maps entitled ``Atwater Street Land Exchange
Maps'' prepared pursuant to subsection (f).
(7) Federal land.--The term ``Federal land'' means
approximately 1.26 acres of real property, including
any improvements thereon, as depicted on the exchange
maps, that is commonly identified as 2660 Atwater
Street, Detroit, Michigan, and under the administrative
control of the United States Coast Guard.
(8) Sector detroit.--The term ``Sector Detroit''
means Coast Guard Sector Detroit of the Ninth Coast
Guard District.
(b) Conveyance Authorized.--The Commandant of the Coast
Guard, in coordination with the Administrator, may convey to
the EDC all right, title, and interest of the United States in
and to the Federal land.
(c) Consideration.--
(1) In general.--As consideration for the
conveyance under subsection (b)--
(A) the City shall convey to the United
States all right, title, and interest in and to
the City land; and
(B) the EDC shall construct a facility and
parking lot acceptable to the Commandant of the
Coast Guard.
(2) Equalization payment option.--
(A) In general.--The Commandant may, upon
the agreement of the City and the EDC, waive
the requirement to construct a facility and
parking lot under paragraph (1)(B) and accept
in lieu thereof an equalization payment from
the City equal to the difference between the
value, as determined by the Administrator at
the time of transfer, of the Federal land and
the City land.
(B) Availability of funds.--Any amounts
received pursuant to subparagraph (A) shall be
available to the Commandant, without further
appropriation and until expended, to construct,
expand, or improve facilities related to Sector
Detroit's aids to navigation or vessel
maintenance.
(d) Conditions of Exchange.--
(1) Covenants.--All conditions placed within the
deeds of title shall be construed as covenants running
with the land.
(2) Authority to accept quitclaim deed.--The
Commandant may accept a quitclaim deed for the City
land and may convey the Federal land by quitclaim deed.
(3) Environmental remediation.--Prior to the time
of the exchange, the Coast Guard and the EDC shall
remediate any and all contaminants existing on their
respective properties to levels required by applicable
State and Federal law. The Commandant and, as a
condition of the exchange, the EDC shall make available
for review and inspection any record relating to
hazardous materials on the land to be exchanged under
this section. The costs of remedial actions relating to
hazardous materials on exchanged land shall be paid by
those entities responsible for costs under applicable
law.
(e) Authority To Enter Into License or Lease.--The
Commandant may enter into a license or lease agreement with the
Detroit Riverfront Conservancy for the use of a portion of the
Federal land for the Detroit Riverfront Walk. Such license or
lease shall be at no cost to the City and upon such other terms
that are acceptable to the Commandant, and shall terminate upon
the completion of the exchange authorized by this section, or
the date specified in subsection (h), whichever occurs earlier.
(f) Map and Legal Descriptions of Land.--
(1) In general.--As soon as practicable after the
date of enactment of this Act, the Commandant shall
file with the Committee on Commerce, Science and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives the maps, entitled ``Atwater Street
Land Exchange Maps'', which depict the Federal land and
the City lands and provide a legal description of each
property to be exchanged.
(2) Force of law.--The maps and legal descriptions
filed under paragraph (1) shall have the same force and
effect as if included in this Act, except that the
Commandant may correct typographical errors in the maps
and each legal description.
(3) Public availability.--Each map and legal
description filed under paragraph (1) shall be on file
and available for public inspection in the appropriate
offices of the Coast Guard and the City.
(g) Additional Terms and Conditions.--The Commandant may
require such additional terms and conditions in connection with
the exchange under this section as the Commandant considers
appropriate to protect the interests of the United States.
(h) Expiration of Authority To Convey.--The authority to
enter into the exchange authorized by this section shall expire
three years after the date of enactment of this Act.
SEC. 2846. TRANSFER OF JURISDICTION, FORMER NIKE MISSILE SITE, GROSSE
ILE, MICHIGAN.
(a) Transfer.--Administrative jurisdiction over the
property described in subsection (b) is hereby transferred from
the Administrator of the Environmental Protection Agency to the
Secretary of the Interior.
(b) Property Described.--The property referred to in
subsection (a) is the former Nike missile site located at the
southern end of Grosse Ile, Michigan, as depicted on the map
entitled ``07-CE'' on file with the Environmental Protection
Agency and dated May 16, 1984.
(c) Administration of Property.--Subject to subsection (d),
the Secretary of the Interior shall administer the property
described in subsection (b)--
(1) acting through the United States Fish and
Wildlife Service;
(2) as part of the Detroit River International
Wildlife Refuge; and
(3) for use as a habitat for fish and wildlife and
as a recreational property for outdoor education and
environmental appreciation.
(d) Management of Remediation.--The Secretary of Defense,
acting through the Army Corps of Engineers, shall manage and
carry out environmental remediation activities with respect to
the property described in subsection (b) that, at a minimum,
achieve the standard sufficient to allow the property to be
used as provided in subsection (c)(3). Such remediation
activities, with the exception of long-term monitoring, shall
be completed to achieve that standard not later than two years
after the date of the enactment of this Act. The Secretary of
Defense may use amounts made available from the account
established by section 2703(a)(5) of title 10, United States
Code, to carry out such remediation.
(e) Savings Provision.--Nothing in this section shall be
construed to affect or limit the application of, or any
obligation to comply with, any environmental law, including the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.).
SEC. 2847. MODIFICATION TO LAND CONVEYANCE AUTHORITY, FORT BRAGG, NORTH
CAROLINA.
(a) Requirement To Convey Tract No. 404-1 Property Without
Consideration.--Section 2836 of the Military Construction
Authorization Act for Fiscal Year 1998 (division B of Public
Law 105-85; 111 Stat. 2005) is amended--
(1) in subsection (a)(3), by striking ``at fair
market value'' and inserting ``without consideration'';
(2) in subsection (b), by striking paragraph (2)
and inserting the following new paragraph:
``(2) The conveyances under paragraphs (2) and (3) of
subsection (a) shall be subject to the condition that the
County develop and use the conveyed properties for educational
purposes and the construction of public school structures.'';
and
(3) in subsection (c), by striking paragraph (2)
and inserting the following new paragraph:
``(2) If the Secretary determines at any time that the real
property conveyed under paragraph (2) or paragraph (3) of
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, at the option of the Secretary, to the
United States, and the United States shall have the right of
immediate entry thereon.''.
(b) Payment of Costs of Conveyance.--Such section is
further amended by adding at the end the following new
subsection:
``(f) Payment of Costs of Conveyance of Tract No. 404-1
Property.--
``(1) Payment required.--The Secretary shall
require the County to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs
incurred by the Secretary, to carry out the conveyance
under subsection (a)(3), including survey costs, costs
related to environmental documentation, and other
administrative costs related to the conveyance. If
amounts are collected from the County in advance of the
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.
``(2) Treatment of amounts received.--Amounts
received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the
conveyance. Amounts so credited shall be merged with
amounts in such fund or account, and shall be available
for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or
account.''.
SEC. 2848. LAND CONVEYANCE, LEWIS AND CLARK UNITED STATES ARMY RESERVE
CENTER, BISMARCK, NORTH DAKOTA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the United Tribes Technical
College all right, title, and interest of the United States in
and to a parcel of real property, including improvements
thereon, consisting of approximately 2 acres located at the
Lewis and Clark United States Army Reserve Center, 3319
University Drive, Bismarck, North Dakota, for the purpose of
supporting education at the United Tribes Technical College.
(b) Reversionary Interest.--
(1) In general.--Subject to paragraph (2), if the
Secretary determines at any time that the real property
conveyed under subsection (a) is not being used in
accordance with the purposes of the conveyance
specified in such subsection, all right, title, and
interest in and to the property shall revert, at the
option of the Secretary, to the United States, and the
United States shall have the right of immediate entry
onto the property. Any determination of the Secretary
under this subsection shall be made on the record after
an opportunity for a hearing.
(2) Expiration.--The reversionary interest under
paragraph (1) shall expire upon satisfaction of the
following conditions:
(A) The real property conveyed under
subsection (a) is used in accordance with the
purposes of the conveyance specified in such
subsection for a period of not less than 30
years following the date of the conveyance.
(B) After the end of period specified in
subparagraph (A), the United Tribes Technical
College applies to the Secretary for the
release of the reversionary interest.
(C) The Secretary certifies, in a manner
that can be filed with the appropriate land
recordation office, that the condition under
subparagraph (A) has been satisfied.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require
the United Tribes Technical College to cover costs to
be incurred by the Secretary, or to reimburse the
Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including
survey costs, costs related to environmental
documentation, and other administrative costs related
to the conveyance. If amounts are collected from the
United Tribes Technical College in advance of the
Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary
shall refund the excess amount to the United Tribes
Technical College.
(2) Treatment of amounts received.--Amounts
received as reimbursements under paragraph (1) shall be
credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the
conveyance. Amounts so credited shall be merged with
amounts in such fund or account and shall be available
for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or
account.
(d) Description of Real Property.--The exact acreage and
legal description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2849. LAND EXCHANGE, FORT HOOD, TEXAS.
(a) Exchange Authorized.--The Secretary of the Army may
convey to the City of Copperas Cove, Texas (in this section
referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property,
including any improvements thereon, consisting of approximately
200 acres at Fort Hood, Texas, for the purpose of permitting
the City to improve arterial transportation routes in the
community.
(b) Consideration.--As consideration for the conveyance
under subsection (a), the City shall convey to the Secretary
all right, title, and interest of the City in and to one or
more parcels of real property that are acceptable to the
Secretary. The fair market value of the real property acquired
by the Secretary under this subsection shall be at least equal
to the fair market value of the real property conveyed under
subsection (a), as determined by appraisals acceptable to the
Secretary.
(c) Description of Property.--The exact acreage and legal
description of the real property to be exchanged under this
section shall be determined by surveys satisfactory to the
Secretary.
(d) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require
the City to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs
incurred by the Secretary, to carry out the conveyances
under this section, including survey costs related to
the conveyances. If amounts are collected from the City
in advance of the Secretary incurring the actual costs,
and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the conveyances,
the Secretary shall refund the excess amount to the
City.
(2) Treatment of amounts received.--Amounts
received under paragraph (1) as reimbursement for costs
incurred by the Secretary to carry out the conveyances
under this section shall be credited to the fund or
account that was used to cover the costs incurred by
the Secretary in carrying out the conveyances. Amounts
so credited shall be merged with amounts in such fund
or account and shall be available for the same
purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(e) Additional Term and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyances under this section as the Secretary considers
appropriate to protect the interests of the United States.
Subtitle D--Energy Security
SEC. 2861. REPEAL OF CONGRESSIONAL NOTIFICATION REQUIREMENT REGARDING
CANCELLATION CEILING FOR DEPARTMENT OF DEFENSE
ENERGY SAVINGS PERFORMANCE CONTRACTS.
Section 2913 of title 10, United States Code, is amended by
striking subsection (e).
SEC. 2862. DEFINITION OF ALTERNATIVE FUELED VEHICLE.
Section 301(3) of the Energy Policy Act of 1992 (42 U.S.C.
13211(3)) is amended--
(1) by striking ``(3) the term'' and inserting the
following:
``(3) Alternative fueled vehicle.--
``(A) In general.--The term''; and
(2) by adding at the end the following:
``(B) Inclusions.--The term `alternative
fueled vehicle' includes--
``(i) a new qualified fuel cell
motor vehicle (as defined in section
30B(b)(3) of the Internal Revenue Code
of 1986);
``(ii) a new advanced lean burn
technology motor vehicle (as defined in
section 30B(c)(3) of that Code);
``(iii) a new qualified hybrid
motor vehicle (as defined in section
30B(d)(3) of that Code); and
``(iv) any other type of vehicle
that the Administrator demonstrates to
the Secretary would achieve a
significant reduction in petroleum
consumption.''.
SEC. 2863. USE OF ENERGY EFFICIENT LIGHTING FIXTURES AND BULBS IN
DEPARTMENT OF DEFENSE FACILITIES.
(a) Construction and Alteration of Buildings.--Each
building constructed or significantly altered by the Secretary
of Defense or the Secretary of a military department shall be
equipped, to the maximum extent feasible as determined by the
Secretary concerned, with lighting fixtures and bulbs that are
energy efficient.
(b) Maintenance of Buildings.--Each lighting fixture or
bulb that is replaced in the normal course of maintenance of
buildings under the jurisdiction of the Secretary of Defense or
the Secretary of a military department shall be replaced, to
the maximum extent feasible as determined by the Secretary
concerned, with a lighting fixture or bulb that is energy
efficient.
(c) Considerations.--In making a determination under this
section concerning the feasibility of installing a lighting
fixture or bulb that is energy efficient, the Secretary of
Defense or the Secretary of a military department shall
consider--
(1) the life cycle cost effectiveness of the
fixture or bulb;
(2) the compatibility of the fixture or bulb with
existing equipment;
(3) whether use of the fixture or bulb could result
in interference with productivity;
(4) the aesthetics relating to use of the fixture
or bulb; and
(5) such other factors as the Secretary concerned
determines appropriate.
(d) Energy Star.--A lighting fixture or bulb shall be
treated as being energy efficient for purposes of this section
if--
(1) the fixture or bulb is certified under the
Energy Star program established by section 324A of the
Energy Policy and Conservation Act (42 U.S.C. 6294a);
or
(2) the Secretary of Defense or the Secretary of a
military department has otherwise determined that the
fixture or bulb is energy efficient.
(e) Significant Alterations.--A building shall be treated
as being significantly altered for purposes of subsection (a)
if the alteration is subject to congressional authorization
under section 2802 of title 10, United States Code.
(f) Waiver Authority.--The Secretary of Defense may waive
the requirements of this section if the Secretary determines
that such a waiver is necessary to protect the national
security interests of the United States.
(g) Effective Date.--The requirements of subsections (a)
and (b) shall take effect one year after the date of the
enactment of this Act.
SEC. 2864. REPORTING REQUIREMENTS RELATING TO RENEWABLE ENERGY USE BY
DEPARTMENT OF DEFENSE TO MEET DEPARTMENT
ELECTRICITY NEEDS.
(a) Initial Report.--Not later than 120 days after the date
of the enactment of this Act, the Under Secretary of Defense
for Acquisition, Technology, and Logistics shall submit to the
congressional defense committees a report containing the
following information:
(1) The extent to which energy from renewable
energy sources is used to meet the electricity needs of
the Department of Defense, to be stated as a percentage
of total facility electricity use for the previous
fiscal year.
(2) The extent to which energy from renewable
energy sources was procured through alternative
financing methods, to be stated as a percentage of
total renewable energy procurement and as a dollar
amount for the previous fiscal year.
(3) The extent to which energy from renewable
energy sources was procured through the use of
appropriated funds, to be stated as a percentage of
total renewable energy procurement and as a dollar
amount for the previous fiscal year.
(4) A graphical illustration of energy use from
renewable energy sources by the Department as a
percentage of total facility electricity use over time,
starting no later than fiscal year 2000 and running
through fiscal year 2025, including projected future
trends in renewable energy consumption through fiscal
year 2025 in order to meet the goals for renewable
energy set forth in section 2911(e) of title 10, United
States Code, or other goals, as appropriate.
(b) Subsequent Reports.--For fiscal year 2008 and each
fiscal year thereafter, the information required by paragraphs
(1) through (4) of subsection (a) shall be included in the
Annual Energy Management Report prepared by the Under Secretary
of Defense for Acquisition, Technology, and Logistics.
(c) Renewable Energy Sources Defined.--In this section, the
term ``renewable energy sources'' has the meaning given that
term in section 203(b) of the Energy Policy Act of 2005 (42
U.S.C. 15852(b)).
Subtitle E--Other Matters
SEC. 2871. REVISED DEADLINE FOR TRANSFER OF ARLINGTON NAVAL ANNEX TO
ARLINGTON NATIONAL CEMETERY.
Subsection (h) of section 2881 of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 879), as amended by section 2863 of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1330), section
2851 of the Military Construction Authorization Act for Fiscal
Year 2003 (division B of Public Law 107-314; 116 Stat. 2726),
and section 2881 of the Military Construction Authorization Act
for Fiscal Year 2005 (division B of Public Law 108-375; 115
Stat. 2153), is further amended by striking paragraphs (1) and
(2) and inserting the following new paragraphs:
``(1) January 1, 2011;
``(2) the date on which the Navy Annex property is
no longer required (as determined by the Secretary of
Defense) for use as temporary office space; or
``(3) one year after the date on which the
Secretary of the Army notifies the Secretary of Defense
that the Navy Annex property is needed for the
expansion of Arlington National Cemetery.''.
SEC. 2872. TRANSFER OF JURISDICTION OVER AIR FORCE MEMORIAL TO
DEPARTMENT OF THE AIR FORCE.
(a) Transfer of Jurisdiction.--Notwithstanding section 2881
of the Military Construction Authorization Act for Fiscal Year
2000 (division B of Public Law 106-65; 113 Stat. 879) and
section 2863 of the Military Construction Authorization Act for
Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat.
1330; 40 U.S.C. 1003 note), the Secretary of the Army may
transfer administrative jurisdiction, custody, and control of
the parcel of Federal land described in subsection (b)(1) of
such section 2863 to the Secretary of the Air Force.
(b) Limitation on Payment of Expenses.--If the Air Force
Memorial is transferred to the Secretary of the Air Force as
authorized by subsection (a), the United States shall not pay
any costs incurred for the maintenance and repair of the Air
Force Memorial.
SEC. 2873. REPORT ON PLANS TO REPLACE THE MONUMENT AT THE TOMB OF THE
UNKNOWNS AT ARLINGTON NATIONAL CEMETERY, VIRGINIA.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Army
and the Secretary of Veterans Affairs shall jointly submit to
Congress a report setting forth the following:
(1) The current plans of the Secretaries with
respect to--
(A) replacing the monument at the Tomb of
the Unknowns at Arlington National Cemetery,
Virginia; and
(B) disposing of the current monument at
the Tomb of the Unknowns, if it were removed
and replaced.
(2) An assessment of the feasibility and
advisability of repairing the monument at the Tomb of
the Unknowns rather than replacing it.
(3) A description of the current efforts of the
Secretaries to maintain and preserve the monument at
the Tomb of the Unknowns.
(4) An explanation of why no attempt has been made
since 1989 to repair the monument at the Tomb of the
Unknowns.
(5) A comprehensive estimate of the cost of
replacement of the monument at the Tomb of the Unknowns
and the cost of repairing such monument.
(6) An assessment of the structural integrity of
the monument at the Tomb of the Unknowns.
(b) Limitation on Action.--The Secretary of the Army and
the Secretary of Veterans Affairs may not take any action to
replace the monument at the Tomb of the Unknowns at Arlington
National Cemetery, Virginia, until 180 days after the date of
the receipt by Congress of the report required by subsection
(a).
(c) Exception.--The limitation in subsection (b) shall not
prevent the Secretary of the Army or the Secretary of Veterans
Affairs from repairing the current monument at the Tomb of the
Unknowns or from acquiring any blocks of marble for uses
related to such monument, subject to the availability of
appropriations for those purposes.
SEC. 2874. INCREASED AUTHORITY FOR REPAIR, RESTORATION, AND
PRESERVATION OF LAFAYETTE ESCADRILLE MEMORIAL,
MARNES-LA-COQUETTE, FRANCE.
Section 1065 of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1233) is
amended--
(1) in subsection (a)(2), by striking
``$2,000,000'' and inserting ``$2,500,000''; and
(2) in subsection (e), by striking ``under section
301(a)(4)''.
SEC. 2875. ADDITION OF WOONSOCKET LOCAL PROTECTION PROJECT.
Section 2866 of the Military Construction Authorization Act
for Fiscal Year 2007 (division B of Public Law 109-364; 120
Stat. 2499) is amended by adding at the end the following new
subsection:
``(d) Woonsocket Local Protection Project.--
``(1) Assumption of responsibility.--The Secretary
of the Army, acting through the Chief of Engineers,
shall assume responsibility for the annual operation
and maintenance of the Woonsocket local protection
project authorized by section 10 of the Act of December
22, 1944 (commonly known as the Flood Control Act of
1944; 58 Stat. 892, chapter 665), including by
acquiring, in accordance with paragraph (2), any
interest of the city of Woonsocket, Rhode Island, in
and to land and structures required for the continued
operation and maintenance, repair, replacement,
rehabilitation, and structural integrity of the
project, as identified by the city, in coordination
with the Secretary.
``(2) Acquisition.--As a condition on the
Secretary's assumption of responsibility for the
Woonsocket local protection project under paragraph
(1), the city of Woonsocket shall convey, not later
than one year after the date of the enactment of the
National Defense Authorization Act for Fiscal Year
2008, to the Secretary of the Army, by quitclaim deed
and without consideration, all right, title, and
interest of the city in and to the Woonsocket local
protection project, including any interest of the city
in and to land and structures required for the
continued operation and maintenance, repair,
replacement, rehabilitation, and structural integrity
of the project, as identified by the city.''.
SEC. 2876. REPEAL OF MORATORIUM ON IMPROVEMENTS AT FORT BUCHANAN,
PUERTO RICO.
Section 1507 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 114 Stat. 1654A-355) is repealed.
SEC. 2877. ESTABLISHMENT OF NATIONAL MILITARY WORKING DOG TEAMS
MONUMENT ON SUITABLE MILITARY INSTALLATION.
(a) Authority To Establish Monument.--The Secretary of
Defense may permit the National War Dogs Monument, Inc., to
establish and maintain, at a suitable location at Fort Belvoir,
Virginia, or another military installation in the United
States, a national monument to honor the sacrifice and service
of United States Armed Forces working dog teams that have
participated in the military operations of the United States.
(b) Location and Design of Monument.--The actual location
and final design of the monument authorized by subsection (a)
shall be subject to the approval of the Secretary. In selecting
the military installation and site on such installation to
serve as the location for the monument, the Secretary shall
seek to maximize access to the resulting monument for both
visitors and their dogs.
(c) Maintenance.--The maintenance of the monument
authorized by subsection (a) by the National War Dogs Monument,
Inc., shall be subject to such conditions regarding access to
the monument, and such other conditions, as the Secretary
considers appropriate to protect the interests of the United
States.
(d) Limitation on Payment of Expenses.--The United States
Government shall not pay any expense for the establishment or
maintenance of the monument authorized by subsection (a).
SEC. 2878. REPORT REQUIRED PRIOR TO REMOVAL OF MISSILES FROM 564TH
MISSILE SQUADRON.
(a) Report Required.--The Secretary of Defense shall submit
to the congressional defense committees a report on the
feasibility of establishing an association between the 120th
Fighter Wing of the Montana Air National Guard and active duty
personnel stationed at Malmstrom Air Force Base, Montana. In
preparing the report, the Secretary shall include the following
evaluations:
(1) An evaluation of the requirement of the Air
Force for additional F-15 aircraft active or reserve
component force structure.
(2) An evaluation of the airspace training
opportunities in the immediate airspace around Great
Falls International Airport Air Guard Station.
(3) An evaluation of the impact of civilian
operations on military operations at Great Falls
International Airport.
(4) An evaluation of the level of civilian
encroachment on the facilities and airspace of the
120th Fighter Wing.
(5) An evaluation of the support structure
available, including active military bases nearby.
(6) An evaluation of opportunities for additional
association between the Montana National Guard and the
341st Space Wing.
(b) Limitation on Removal Pending Report.--Not more than 40
missiles may be removed from the 564th Missile Squadron until
15 days after the report required in subsection (a) has been
submitted.
SEC. 2879. REPORT ON CONDITION OF SCHOOLS UNDER JURISDICTION OF
DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.
(a) Report Required.--Not later than March 1, 2008, the
Secretary of Defense shall submit to the congressional defense
committees a report on the conditions of schools under the
jurisdiction of the Department of Defense Education Activity.
(b) Content.--The report required under subsection (a)
shall include the following:
(1) A description of each school under the control
of the Secretary, including the location, year
constructed, grades of attending children, maximum
capacity, and current capacity of the school.
(2) A description of the standards and processes
used by the Secretary to assess the adequacy of the
size of school facilities, the ability of facilities to
support school programs, and the current condition of
facilities.
(3) A description of the conditions of the facility
or facilities at each school, including the level of
compliance with the 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.
(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.
(5) A description of requirements for new schools
to be constructed over the next 10 years as a result of
changes to the population of military personnel.
(c) Use of Report as Master Plan for Repair, Upgrade, and
Construction of Schools.--The Secretary shall use the report
required under subsection (a) as a master plan for the repair,
upgrade, and construction of schools in the Department of
Defense system that support dependents of members of the Armed
Forces and civilian employees of the Department of Defense.
SEC. 2880. REPORT ON FACILITIES AND OPERATIONS OF DARNALL ARMY MEDICAL
CENTER, FORT HOOD MILITARY RESERVATION, TEXAS.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
assessing the facilities and operations of the Darnall Army
Medical Center at Fort Hood Military Reservation, Texas.
(b) Content.--The report required under subsection (a)
shall include the following:
(1) A specific determination of whether the
facilities currently housing Darnall Army Medical
Center meet Department of Defense standards for Army
medical centers.
(2) A specific determination of whether the
existing facilities adequately support the operations
of Darnall Army Medical Center, including the missions
of medical treatment, medical hold, medical holdover,
and Warriors in Transition.
(3) A specific determination of whether the
existing facilities provide adequate physical space for
the number of personnel that would be required for
Darnall Army Medical Center to function as a full-sized
Army medical center.
(4) A specific determination of whether the current
levels of medical and medical-related personnel at
Darnall Army Medical Center are adequate to support the
operations of a full-sized Army medical center.
(5) A specific determination of whether the current
levels of graduate medical education and medical
residency programs currently in place at Darnall Army
Medical Center are adequate to support the operations
of a full-sized Army medical center.
(6) A description of any and all deficiencies
identified by the Secretary.
(7) A proposed investment plan and timeline to
correct such deficiencies.
SEC. 2881. REPORT ON FEASIBILITY OF ESTABLISHING A REGIONAL DISASTER
RESPONSE CENTER AT KELLY AIR FIELD, SAN ANTONIO,
TEXAS.
(a) Findings.--Congress makes the following findings:
(1) The Federal response to Hurricane Katrina
demonstrated the need for greater coordination and
planning capability at the Federal, State, and local
levels of government.
(2) Coordination of State and local assets can be
more effectively accomplished if such assets are
organized on a regional basis similar to the manner in
which the Federal Emergency Management Agency organizes
its efforts.
(3) Despite the obvious need for experienced and
routinely exercised operational headquarters skilled in
disaster response, no such headquarters have been
established.
(4) Such a headquarters would be appropriately
located on available Federal property in Region VI of
the Federal Emergency Management Agency, which includes
Texas, Louisiana, Oklahoma, Arkansas, and New Mexico,
and is a region subject to forest fires, floods,
hurricanes, and tornadoes.
(b) Report Required.--Not later than March 31, 2008, the
Secretary of Defense, in coordination with the Secretary of
Homeland Security, shall submit to Congress a report on the
feasibility of establishing at Kelly Air Field in San Antonio,
Texas, a permanent, regionally oriented disaster response
center responsible for planning, coordinating, and directing
the Federal, State, and local response to man-made and natural
disasters that occur in Region VI of the Federal Emergency
Management Agency.
(c) Content.--The report required under subsection (b)
shall include the following:
(1) A determination of how the regional disaster
response center, if established at Kelly Air Field,
would organize and leverage capabilities of the
following currently co-located organizations,
facilities, and forces located in San Antonio, Texas:
(A) Lackland Air Force Base.
(B) Fort Sam Houston.
(C) Brooke Army Medical Center.
(D) Wilford Hall Medical Center.
(E) City of San Antonio/Bexar County
Emergency Operations Center.
(F) Audie Murphy Veterans Administration
Medical Center.
(G) 433rd Airlift Wing C-5 Heavy Lift
Aircraft.
(H) 149 Fighter Wing and Texas Air National
Guard F-16 fighter aircraft.
(I) Army Northern Command.
(J) The three level 1 trauma centers of the
National Trauma Institute.
(K) Texas Medical Rangers.
(L) San Antonio Metro Health Department.
(M) The University of Texas Health Science
Center at San Antonio.
(N) The Air Intelligence Surveillance and
Reconnaissance Agency at Lackland Air Force
Base.
(O) The United States Air Force Security
Police Training Department at Lackland Air
Force Base.
(P) The large manpower pools and blood
donor pools from the more than 6,000 trainees
at Lackland Air Force Base.
(2) A determination of the number of military and
civilian personnel who would have to be mobilized to
run the logistics, planning, and maintenance of the
regional disaster response center, if established at
Kelly Air Field, during a time of disaster recovery.
(3) A determination of the number of military and
civilian personnel who would be required to run the
logistics, planning, and maintenance of the regional
disaster response center during a time when no disaster
is occurring.
(4) A determination of the cost of improving the
current infrastructure at Kelly Air Field to meet the
needs of displaced victims of a disaster equivalent to
that of Hurricanes Katrina and Rita or a natural or
man-made disaster of similar scope, including adequate
beds, food stores, and decontamination stations to
triage radiation or other chemical or biological agent
contamination victims.
(5) An evaluation of the current capability of the
Department of Defense and the Department of Homeland
Security to respond to these mission requirements and
an assessment of any additional capabilities that are
required.
(6) An assessment of the costs and benefits of
adding such capabilities at Kelly Air Field to the
costs and benefits of other locations.
SEC. 2882. NAMING OF HOUSING FACILITY AT FORT CARSON, COLORADO, IN
HONOR OF THE HONORABLE JOEL HEFLEY, A FORMER MEMBER
OF THE UNITED STATES HOUSE OF REPRESENTATIVES.
(a) Findings.--Congress makes the following findings:
(1) Representative Joel Hefley was elected to
represent Colorado's 5th Congressional district in 1986
and served in the House of Representatives until the
end of the 109th Congress in 2007 with distinction,
class, integrity, and honor.
(2) Representative Hefley served on the Committee
on Armed Services of the House of Representatives for
18 years, including service as Chairman of the
Subcommittee on Military Installations and Facilities
from 1995 through 2000 and, from 2001 until 2007, as
Chairman of the Subcommittee on Readiness.
(3) Representative Hefley was a fair and effective
lawmaker who worked for the national interest while
never forgetting his Western roots.
(4) Representative Hefley's efforts on the
Committee on Armed Services were instrumental to the
military value of, and quality of life at,
installations in the State of Colorado, including Fort
Carson, Cheyenne Mountain, Peterson Air Force Base,
Schriever Air Force Base, Buckley Air Force Base, and
the United States Air Force Academy.
(5) Representative Hefley was a leader in efforts
to retain and expand Fort Carson as an essential part
of the national defense system during the Defense Base
Closure and Realignment process.
(6) Representative Hefley consistently advocated
for providing members of the Armed Forces and their
families with quality, safe, and affordable housing and
supportive communities.
(7) Representative Hefley spearheaded the Military
Housing Privatization Initiative to eliminate
inadequate housing on military installations, with the
first pilot program located at Fort Carson.
(8) Representative Hefley's leadership on the
Military Housing Privatization Initiative allowed for
the privatization of more than 121,000 units of
military family housing, which brought meaningful
improvements to living conditions for thousands of
members of the Armed Forces and their spouses and
children at installations throughout the United States.
(9) It is fitting and proper that an appropriate
military family housing area or structure at Fort
Carson be designated in honor of Representative Hefley.
(b) Designation.--Notwithstanding Army Regulation AR 1-33,
the Secretary of the Army shall designate one of the military
family housing areas or facilities constructed for Fort Carson,
Colorado, using the authority provided by subchapter IV of
chapter 169 of title 10, United States Code, as the ``Joel
Hefley Village''.
SEC. 2883. NAMING OF NAVY AND MARINE CORPS RESERVE CENTER AT ROCK
ISLAND, ILLINOIS, IN HONOR OF THE HONORABLE LANE
EVANS, A FORMER MEMBER OF THE UNITED STATES HOUSE
OF REPRESENTATIVES.
(a) Findings.--Congress makes the following findings:
(1) Representative Lane Evans was elected to the
House of Representatives in 1982 and served in the
House of Representatives until the end of the 109th
Congress in 2007 representing the people of Illinois'
17th Congressional district.
(2) As a member of the Committee on Armed Services
of the House of Representatives, Representative Evans
worked to bring common sense priorities to defense
spending and strengthen the military's conventional
readiness.
(3) Representative Evans was a tireless advocate
for military veterans, ensuring that veterans receive
the medical care they need and advocating for
individuals suffering from post-traumatic stress
disorder and Gulf War Syndrome.
(4) Representative Evans' efforts to improve the
transition of individuals from military service to the
care of the Department of Veterans Affairs will
continue to benefit generations of veterans long into
the future.
(5) Representative Evans was credited with bringing
new services to veterans living in his Congressional
district, including outpatient clinics in the Quad
Cities and Quincy and the Quad-Cities Vet Center.
(6) Representative Evans worked with local leaders
to promote the Rock Island Arsenal, and it earned new
jobs and missions through his support.
(7) In honor of his service in the Marine Corps and
to his district and the United States, it is fitting
and proper that the Navy and Marine Corps Reserve
Center at Rock Island Arsenal be named in honor of
Representative Evans.
(b) Designation.--The Navy and Marine Corps Reserve Center
at Rock Island Arsenal, Illinois, shall be known and designated
as the ``Lane Evans Navy and Marine Corps Reserve Center''. Any
reference in a law, map, regulation, document, paper, or other
record of the United States to the Navy and Marine Corps
Reserve Center at Rock Island Arsenal shall be deemed to be a
reference to the Lane Evans Navy and Marine Corps Reserve
Center.
SEC. 2884. NAMING OF RESEARCH LABORATORY AT AIR FORCE ROME RESEARCH
SITE, ROME, NEW YORK, IN HONOR OF THE HONORABLE
SHERWOOD L. BOEHLERT, A FORMER MEMBER OF THE UNITED
STATES HOUSE OF REPRESENTATIVES.
The new laboratory building at the Air Force Rome Research
Site, Rome, New York, shall be known and designated as the
``Sherwood Boehlert Center of Excellence for Information
Science and Technology''. Any reference in a law, map,
regulation, document, paper, or other record of the United
States to such laboratory facility shall be deemed to be a
reference to the Sherwood Boehlert Center of Excellence for
Information Science and Technology.
SEC. 2885. NAMING OF ADMINISTRATION BUILDING AT JOINT SYSTEMS
MANUFACTURING CENTER, LIMA, OHIO, IN HONOR OF THE
HONORABLE MICHAEL G. OXLEY, A FORMER MEMBER OF THE
UNITED STATES HOUSE OF REPRESENTATIVES.
The administration building under construction at the Joint
Systems Manufacturing Center in Lima, Ohio, shall be known and
designated as the ``Michael G. Oxley Administration and
Technology Center''. Any reference in a law, map, regulation,
document, paper, or other record of the United States to such
building shall be deemed to be a reference to the Michael G.
Oxley Administration and Technology Center.
SEC. 2886. NAMING OF LOGISTICS AUTOMATION TRAINING FACILITY, ARMY
QUARTERMASTER CENTER AND SCHOOL, FORT LEE,
VIRGINIA, IN HONOR OF GENERAL RICHARD H. THOMPSON.
Notwithstanding Army Regulation AR 1-33, the Logistics
Automation Training Facility of the Army Quartermaster Center
and School at Fort Lee, Virginia, shall be known and designated
as the ``General Richard H. Thompson Logistics Automation
Training Facility'' in honor of General Richard H. Thompson,
the only quartermaster to have risen from private to full
general. Any reference in a law, map, regulation, document,
paper, or other record of the United States to such facility
shall be deemed to be a reference to the General Richard H.
Thompson Logistics Automation Training Facility.
SEC. 2887. AUTHORITY TO RELOCATE JOINT SPECTRUM CENTER TO FORT MEADE,
MARYLAND.
(a) Authority To Carry Out Relocation Agreement.--The
Secretary of Defense may carry out an agreement to relocate the
Joint Spectrum Center, a geographically separated unit of the
Defense Information Systems Agency, from Annapolis, Maryland,
to Fort Meade, Maryland, or another military installation if--
(1) the Secretary determines that the relocation of
the Joint Spectrum Center is in the best interest of
national security and the physical protection of
personnel and missions of the Department of Defense;
and
(2) the agreement between the lease holder and the
Department of Defense provides equitable and
appropriate terms to facilitate the relocation.
(b) Authorization.--Any facility, road, or infrastructure
constructed or altered on a military installation as a result
of the agreement referred to in subsection (a) is deemed to be
authorized in accordance with section 2802 of title 10, United
States Code.
(c) Termination of Existing Lease.--Upon completion of the
relocation of the Joint Spectrum Center, all right, title, and
interest of the United States in and to the existing lease for
the Joint Spectrum Center shall be terminated, as contemplated
under Condition 29.B of the lease.
TITLE XXIX--WAR-RELATED AND EMERGENCY MILITARY CONSTRUCTION
AUTHORIZATIONS
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition
projects.
Sec. 2904. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2905. Authorized base closure and realignment activities funded
through Department of Defense Base Closure Account 2005 and
related authorization of appropriations.
SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(c)(1), the Secretary of the Army may acquire real property and
carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Colorado..................... Fort Carson.............. $8,100,000
Georgia...................... Fort Stewart............. $6,000,000
Kansas....................... Fort Riley............... $50,000,000
Kentucky..................... Fort Campbell............ $7,400,000
Louisiana.................... Fort Polk................ $4,900,000
New York..................... Fort Drum................ $38,000,000
Texas........................ Fort Hood................ $9,100,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(c)(2), the Secretary of the Army may acquire real property and
carry out military construction projects for the installations
or locations outside the United States, and in the amounts, set
forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Afghanistan.................. Bagram Air Base.......... $249,600,000
Ghazni................... $5,000,000
Kabul.................... $36,000,000
Iraq......................... Camp Adder............... $80,650,000
Al Asad.................. $92,600,000
Camp Anaconda............ $53,500,000
Camp Constitution........ $11,700,000
Camp Cropper............. $9,500,000
Fallujah................. $880,000
Camp Marez............... $880,000
Mosul.................... $43,000,000
Q-West................... $26,000,000
Camp Ramadi.............. $880,000
Scania................... $14,200,000
Camp Speicher............ $83,900,000
Camp Taqqadum............ $880,000
Tikrit................... $43,000,000
Camp Victory............. $65,400,000
Camp Warrior............. $880,000
Various Locations........ $207,000,000
Kuwait....................... Camp Arifjan............. $30,000,000
------------------------------------------------------------------------
(c) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2007, for military construction, land
acquisition, and military family housing functions of the
Department of the Army in the total amount of $1,257,750,000 as
follows:
(1) For military construction projects inside the
United States authorized by subsection (a),
$123,500,000.
(2) For military construction projects outside the
United States authorized by subsection (b),
$1,055,450,000.
(3) For architectural and engineering services and
construction design under section 2807 of title 10,
United States Code, $78,800,000.
(d) Report Required Before Commencing Certain Projects.--
Funds may not be obligated for the projects authorized by
subsection (b) for Camp Arifjan, Kuwait, or Camp Cropper, Iraq,
until 14 days after the date on which the Secretary of Defense
submits to the congressional defense committees a report, in
either unclassified or classified form, containing a detailed
justification for the project, including the overall intent of
the requested construction, host-nation views, longevity of the
site selected, and timelines for completion. The Secretary
shall submit the report not later than January 15, 2008.
SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(d)(1), the Secretary of the Navy may acquire real property and
carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
California...................... Camp Pendleton...... $102,034,000
Twentynine Palms.... $4,440,000
North Carolina.................. Camp Lejeune........ $43,340,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(d)(2), the Secretary of the Navy may acquire real property and
carry out military construction projects for the installations
or locations outside the United States, and in the amounts, set
forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Djibouti........................ Camp Lemonier....... $25,410,000
------------------------------------------------------------------------
(c) Family Housing.--Using amounts appropriated pursuant to
the authorization of appropriations in subsection (d)(4), the
Secretary of the Navy may construct or acquire family housing
units (including land acquisition and supporting facilities) at
the installations or locations, and in the amounts, set forth
in the following table:
Navy: Family Housing
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
California...................... Camp Pendleton...... $10,692,000
Twentynine Palms.... $1,074,000
------------------------------------------------------------------------
(d) Authorization of Appropriations.--Subject to section
2825 of title 10, United States Code, funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2007, for military construction, land
acquisition, and military family housing functions of the
Department of the Navy in the total amount of $198,781,000, as
follows:
(1) For military construction projects inside the
United States authorized by subsection (a),
$149,814,000.
(2) For military construction projects outside the
United States authorized by subsection (a),
$25,410,000.
(3) For architectural and engineering services and
construction design under section 2807 of title 10,
United States Code, $11,791,000.
(4) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $11,766,000.
SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(b)(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Afghanistan..................... Bagram Air Base..... $108,800,000
Kandahar............ $26,300,000
Iraq............................ Balad Air Base...... $58,300,000
Kyrgyzstan...................... Manas Air Base...... $30,300,000
------------------------------------------------------------------------
(b) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning after
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
$258,700,000, as follows:
(1) For military construction projects outside the
United States authorized by subsection (a),
$223,700,000.
(2) For architectural and engineering services and
construction design under section 2807 of title 10,
United States Code, $35,000,000.
SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(c)(1), the Secretary of Defense may acquire real property and
carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Texas........................ Fort Sam Houston......... $21,000,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(c)(2), the Secretary of Defense may acquire real property and
carry out military construction projects for the installations
or locations outside the United States, and in the amounts, set
forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Qatar........................... Al Udeid............ $6,600,000
------------------------------------------------------------------------
(c) 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 Defense (other than the military departments) in
the total amount of $27,600,000 as follows:
(1) For military construction projects inside the
United States authorized by subsection (a),
$21,000,000.
(2) For military construction projects outside the
United States authorized by subsection (a), $6,600,000.
SEC. 2905. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES FUNDED
THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT
2005 AND RELATED AUTHORIZATION OF APPROPRIATIONS.
(a) Authorized Base Closure and Realignment Activities
Funded Through Department of Defense Base Closure Account
2005.--Using amounts authorized appropriated pursuant to the
authorization of appropriations in subsection (b), the
Secretary of Defense may carry out base closure and realignment
activities otherwise authorized by section 2702 of this Act,
including real property acquisition and military construction
projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) and funded through the Department
of Defense Base Closure Account 2005 established by section
2906A of such Act, in the amount of $423,650,000. Such amount
is in addition to the amount specified for such base closure
and realignment activities in section 2702 of this Act.
(b) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2007, for base closure and realignment activities
authorized by subsection (a) and funded through the Department
of Defense Base Closure Account 2005 in the total amount of
$415,910,000.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Energy security and assurance.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Reliable Replacement Warhead program.
Sec. 3112. Nuclear test readiness.
Sec. 3113. Modification of reporting requirement.
Sec. 3114. Limitation on availability of funds for Fissile Materials
Disposition program.
Sec. 3115. Modification of limitations on availability of funds for
Waste Treatment and Immobilization Plant.
Sec. 3116. Modification of sunset date of the Office of the Ombudsman of
the Energy Employees Occupational Illness Compensation
Program.
Sec. 3117. Technical amendments.
Subtitle C--Other Matters
Sec. 3121. Study on using existing pits for the Reliable Replacement
Warhead program.
Sec. 3122. Report on retirement and dismantlement of nuclear warheads.
Sec. 3123. Plan for addressing security risks posed to nuclear weapons
complex.
Sec. 3124. Department of Energy protective forces.
Sec. 3125. Evaluation of National Nuclear Security Administration
strategic plan for advanced computing.
Sec. 3126. Sense of Congress on the nuclear nonproliferation policy of
the United States and the Reliable Replacement Warhead
program.
Sec. 3127. Department of Energy report on plan to strengthen and expand
International Radiological Threat Reduction program.
Sec. 3128. Department of Energy report on plan to strengthen and expand
Materials Protection, Control, and Accounting program.
Sec. 3129. Agreements and reports on nuclear forensics capabilities.
Sec. 3130. Report on status of environmental management initiatives to
accelerate the reduction of environmental risks and challenges
posed by the legacy of the Cold War.
Subtitle D--Nuclear Terrorism Prevention
Sec. 3131. Definitions.
Sec. 3132. Sense of Congress on the prevention of nuclear terrorism.
Sec. 3133. Minimum security standard for nuclear weapons and formula
quantities of strategic special nuclear material.
Sec. 3134. Annual report.
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2008 for the activities of the National Nuclear
Security Administration in carrying out programs necessary for
national security in the amount of $9,576,095,000, to be
allocated as follows:
(1) For weapons activities, $6,465,574,000.
(2) For defense nuclear nonproliferation
activities, $1,902,646,000.
(3) For naval reactors, $808,219,000.
(4) For the Office of the Administrator for Nuclear
Security, $399,656,000.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out new
plant projects for the National Nuclear Security Administration
as follows:
(1) For readiness in technical base and facilities,
the following new plant projects:
Project 08-D-801, High pressure fire loop,
Pantex Plant, Amarillo, Texas, $7,000,000.
Project 08-D-802, High explosive pressing
facility, Pantex Plant, Amarillo, Texas,
$25,300,000.
Project 08-D-804, Technical Area 55
reinvestment project, Los Alamos National
Laboratory, Los Alamos, New Mexico, $6,000,000.
(2) For facilities and infrastructure
recapitalization, the following new plant projects:
Project 08-D-601, Mercury highway, Nevada
Test Site, Nevada, $7,800,000.
Project 08-D-602, Potable water system
upgrades, Y-12 Plant, Oak Ridge, Tennessee,
$22,500,000.
(3) For safeguards and security, the following new
plant project:
Project 08-D-701, Nuclear materials
safeguards and security upgrade, Los Alamos
National Laboratory, Los Alamos, New Mexico,
$49,496,000.
(4) For naval reactors, the following new plant
projects:
Project 08-D-901, Shipping and receiving
and warehouse complex, Bettis Atomic Power
Laboratory, West Mifflin, Pennsylvania,
$9,000,000.
Project 08-D-190, Project engineering and
design, Expended Core Facility M-290 Recovering
Discharge Station, Naval Reactors Facility,
Idaho Falls, Idaho, $550,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2008 for defense environmental cleanup activities
in carrying out programs necessary for national security in the
amount of $5,367,905,000.
(b) Authorization for New Plant Project.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out, for
defense environmental cleanup activities, the following new
plant project:
Project 08-D-414, Project engineering and design,
Plutonium Vitrification Facility, various locations,
$9,000,000.
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 $763,974,000.
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 (42 U.S.C. 10222(c)) in the amount of $292,046,000.
SEC. 3105. ENERGY SECURITY AND ASSURANCE.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2008 for energy security
and assurance programs necessary for national security in the
amount of $5,860,000.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. RELIABLE REPLACEMENT WARHEAD PROGRAM.
No funds appropriated pursuant to the authorization of
appropriations in section 3101(a)(1) or otherwise made
available for weapons activities of the National Nuclear
Security Administration for fiscal year 2008 may be obligated
or expended for activities under the Reliable Replacement
Warhead program under section 4204a of the Atomic Energy
Defense Act (50 U.S.C. 2524a) beyond phase 2A activities.
SEC. 3112. NUCLEAR TEST READINESS.
(a) Repeal of Requirements on Readiness Posture.--Section
3113 of the National Defense Authorization Act for Fiscal Year
2004 (Public Law 108-136; 117 Stat. 1743; 50 U.S.C. 2528a) is
repealed.
(b) Reports on Nuclear Test Readiness Postures.--
(1) In general.--Section 4208 of the Atomic Energy
Defense Act (50 U.S.C. 2528) is amended to read as
follows:
``SEC. 4208. REPORTS ON NUCLEAR TEST READINESS.
``(a) In General.--Not later than March 1, 2009, and every
odd-numbered year thereafter, the Secretary of Energy shall
submit to the congressional defense committees a report on the
nuclear test readiness of the United States.
``(b) Elements.--Each report under subsection (a) shall
include, current as of the date of such report, the following:
``(1) An estimate of the period of time that would
be 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.
``(2) A description of the level of test readiness
that the Secretary of Energy, in consultation with the
Secretary of Defense, determines to be appropriate.
``(3) A list and description of the workforce
skills and capabilities that are essential to carrying
out an underground nuclear test at the Nevada Test
Site.
``(4) A list and description of the infrastructure
and physical plant that are essential to carrying out
an underground nuclear test at the Nevada Test Site.
``(5) An assessment of the readiness status of the
skills and capabilities described in paragraph (3) and
the infrastructure and physical plant described in
paragraph (4).
``(c) Form.--Each report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.''.
(2) Clerical amendment.--The item relating to
section 4208 in the table of contents for such Act is
amended to read as follows:
``Sec. 4208. Reports on nuclear test readiness.''.
SEC. 3113. MODIFICATION OF REPORTING REQUIREMENT.
Section 3111 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3539) is
amended--
(1) by redesignating subsections (c) and (d) as (d)
and (e), respectively;
(2) by inserting after subsection (b) the
following:
``(c) Form.--The report required by subsection (b) shall be
submitted in classified form, and shall include a detailed
unclassified summary.''; and
(3) in subsection (e), as so redesignated, by
striking ``(c)'' and inserting ``(d)''.
SEC. 3114. LIMITATION ON AVAILABILITY OF FUNDS FOR FISSILE MATERIALS
DISPOSITION PROGRAM.
(a) Limitation Pending Report on Use of Prior Fiscal Year
Funds.--No more than 75 percent of the fiscal year 2008 Fissile
Materials Disposition program funds may be obligated for the
Fissile Materials Disposition program until the Secretary of
Energy, in consultation with the Administrator for Nuclear
Security, submits to the congressional defense committees a
report setting forth a plan for obligating and expending funds
made available for that program in fiscal years before fiscal
year 2008 that remain available for obligation or expenditure
as of January 1, 2005, and for fiscal year 2008.
(b) Availability of Unutilized Funds Under Certification of
Partial Use.--Any funds identified in the plan required in
subsection (a) that are not planned to be obligated by the end
of fiscal year 2009 shall also be available for any defense
nuclear nonproliferation activities (other than the Fissile
Materials Disposition program) for which amounts are authorized
to be appropriated by section 3101(a)(2).
(c) Fiscal Year 2008 Fissile Materials Disposition Program
Funds Defined.--In this section, the term ``fiscal year 2008
Fissile Materials Disposition program funds'' means amounts
authorized to be appropriated by section 3101(a)(2) and
available for the Fissile Materials Disposition program.
SEC. 3115. MODIFICATION OF LIMITATIONS ON AVAILABILITY OF FUNDS FOR
WASTE TREATMENT AND IMMOBILIZATION PLANT.
Paragraph (2) of section 3120(a) of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2510) is amended--
(1) by striking ``the Defense Contract Management
Agency has recommended for acceptance'' and inserting
``an independent entity has reviewed''; and
(2) by inserting ``and that the system has been
certified by the Secretary for use by a construction
contractor at the Waste Treatment and Immobilization
Plant'' after ``Waste Treatment and Immobilization
Plant''.
SEC. 3116. MODIFICATION OF SUNSET DATE OF THE OFFICE OF THE OMBUDSMAN
OF THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM.
Section 3686(g) of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-
15(g)) is amended by striking ``on the date that is 3 years
after the date of the enactment of this section'' and inserting
``October 28, 2012''.
SEC. 3117. TECHNICAL AMENDMENTS.
The Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is
amended as follows:
(1) The heading of section 4204a (50 U.S.C. 2524a)
is amended to read as follows:
``SEC. 4204A. RELIABLE REPLACEMENT WARHEAD PROGRAM.''.
(2) The table of contents for that Act is amended
by inserting after the item relating to section 4204
the following new item:
``Sec. 4204A. Reliable Replacement Warhead program.''.
Subtitle C--Other Matters
SEC. 3121. STUDY ON USING EXISTING PITS FOR THE RELIABLE REPLACEMENT
WARHEAD PROGRAM.
(a) Study Required.--The Administrator for Nuclear
Security, in consultation with the Nuclear Weapons Council,
shall carry out a study analyzing the feasibility of using
existing pits in the Reliable Replacement Warhead program.
(b) Report.--
(1) In general.--Not later than six months after
the date of the enactment of this Act, the
Administrator shall submit to the congressional defense
committees a report on the results of the study. The
report shall be in unclassified form, but may include a
classified annex.
(2) Matters included.--The report shall contain the
assessment of the Administrator of the results of the
study, including--
(A) an assessment of--
(i) whether using existing pits in
the program is technically feasible;
(ii) whether using existing pits in
the program is more advantageous than
using newly manufactured pits in the
program;
(iii) the number of existing pits
suitable for such use;
(iv) whether proceeding to use
existing pits in the program before
using newly manufactured pits in the
program is desirable; and
(v) the extent to which using
existing pits, as compared to using
newly manufactured pits, in the program
would reduce future requirements for
new pit production, and how such use of
existing pits would affect the schedule
and scope for new pit production; and
(B) a comparison of the requirements for
certifying--
(i) reliable replacement warheads
using existing pits;
(ii) reliable replacement warheads
using newly manufactured pits; and
(iii) warheads maintained by the
Stockpile Life Extension Program.
(c) Funding.--Of the amounts made available pursuant to the
authorization of appropriations in section 3101(a)(1), such
funds as may be necessary shall be available to carry out this
section.
SEC. 3122. REPORT ON RETIREMENT AND DISMANTLEMENT OF NUCLEAR WARHEADS.
Not later than March 1, 2008, the Administrator for Nuclear
Security, in consultation with the Nuclear Weapons Council,
shall submit to the congressional defense committees a report
on the retirement and dismantlement of the nuclear warheads
that will not be part of the enduring stockpile as of December
31, 2012, but that have not yet been retired or dismantled. The
report shall include--
(1) the existing plan and schedule for retiring and
dismantling those warheads;
(2) an assessment of the capacity of the nuclear
weapons complex to accommodate an accelerated schedule
for retiring and dismantling those warheads, taking
into account the full range of capabilities in the
complex; and
(3) an identification of the resources needed to
accommodate such an accelerated schedule for retiring
and dismantling those warheads.
SEC. 3123. PLAN FOR ADDRESSING SECURITY RISKS POSED TO NUCLEAR WEAPONS
COMPLEX.
Section 3253(b) of the National Nuclear Security
Administration Act (50 U.S.C. 2453(b)) is amended by adding at
the end the following:
``(6) A plan, developed in consultation with the
Director of the Office of Health, Safety, and Security
of the Department of Energy, for the research and
development, deployment, and lifecycle sustainment of
the technologies employed within the nuclear weapons
complex to address physical and cyber security threats
during the applicable five-fiscal year period, together
with--
``(A) for each site in the nuclear weapons
complex, a description of the technologies
deployed to address the physical and cyber
security threats posed to that site;
``(B) for each site and for the nuclear
weapons complex, the methods used by the
National Nuclear Security Administration to
establish priorities among investments in
physical and cyber security technologies; and
``(C) a detailed description of how the
funds identified for each program element
specified pursuant to paragraph (1) in the
budget for the Administration for each fiscal
year during that five-fiscal year period will
help carry out that plan.''.
SEC. 3124. DEPARTMENT OF ENERGY PROTECTIVE FORCES.
(a) Comptroller General Report on Department of Energy
Protective Force Management.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller
General of the United States shall submit to the
Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of
Representatives a report on the management of the
protective forces of the Department of Energy.
(2) Contents.--The report shall include the
following:
(A) An identification of each Department of
Energy site with Category I nuclear materials.
(B) For each site identified under
subparagraph (A)--
(i) a description of the management
and contractual structure for
protective forces at the site;
(ii) a statement of the number and
category of protective force members at
the site;
(iii) a description of the manner
in which the site is moving to a
tactical response force as required by
the policy of the Department of Energy
and an assessment of the issues or
problems, if any, involved in moving to
such a force;
(iv) a description of the extent to
which the protective force at the site
has been assigned or is responsible for
law enforcement or law-enforcement
related activities;
(v) an assessment of the ability of
the protective force at the site to
fulfill any such law enforcement or law
enforcement-related responsibilities;
and
(vi) an assessment of whether the
protective force at the site is
adequately staffed, trained, and
equipped to comply with the
requirements of the Design Basis Threat
issued by the Department of Energy in
November 2005 and, if not, when it is
projected to be.
(C) An analysis comparing the management,
training, pay, benefits, duties,
responsibilities, and assignments of the
protective force at each site identified under
subparagraph (A) with the management, training,
pay, benefits, duties, responsibilities, and
assignments of the Federal transportation
security force of the Department of Energy.
(D) A statement of options for managing the
protective force at sites identified under
subparagraph (A) in a more uniform manner, an
analysis of the advantages and 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.
(3) Form.--The report shall be submitted in
unclassified form, but may include a classified annex.
(b) Department of Energy Analysis of Alternatives for
Managing and Deploying Protective Forces.--
(1) In general.--Not later than 90 days after the
date on which the report is submitted under subsection
(a), the Secretary of Energy, in conjunction with the
Administrator for Nuclear Security and the Assistant
Secretary for Environmental Management, shall submit to
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of
Representatives a report on the management of the
protective forces of the Department of Energy.
(2) Contents.--The report shall include the
following:
(A) Each of the matters specified in
subparagraphs (A), (B), and (C) of subsection
(a)(2).
(B) Each of the matters specified in
subparagraph (D) of subsection (a)(2), except
that--
(i) the options analyzed shall
include each of the options included in
the report submitted under subsection
(a), as well as any other options
identified by the Secretary; and
(ii) the analysis and assessment
shall also include an analysis of the
role played by incentives inherent in
the use of private contractors to
provide protective forces in the
performance of those protective forces.
(3) Form.--The report shall be submitted in
unclassified form, but may include a classified annex.
SEC. 3125. EVALUATION OF NATIONAL NUCLEAR SECURITY ADMINISTRATION
STRATEGIC PLAN FOR ADVANCED COMPUTING.
(a) In General.--The Secretary of Energy shall--
(1) enter into an agreement with an independent
entity to conduct an evaluation of the strategic plan
for advanced computing of the National Nuclear Security
Administration; and
(2) not later than one year after the date of the
enactment of this Act, submit to the congressional
defense committees a report containing the results of
the evaluation described in paragraph (1).
(b) Elements.--The evaluation described in subsection
(a)(1) shall include the following:
(1) An assessment of--
(A) the adequacy of the strategic plan in
supporting the Stockpile Stewardship Program;
(B) the role of research into, and
development of, high-performance computing
supported by the National Nuclear Security
Administration in fulfilling the mission of the
National Nuclear Security Administration and in
maintaining the leadership of the United States
in high-performance computing; and
(C) the impacts of changes in investment
levels or research and development strategies
on fulfilling the missions of the National
Nuclear Security Administration.
(2) An assessment of the efforts of the Department
of Energy to--
(A) coordinate high-performance computing
work within the Department, in particular
between the National Nuclear Security
Administration and the Office of Science;
(B) develop joint strategies with other
Federal agencies and private industry groups
for the development of high-performance
computing; and
(C) share high-performance computing
developments with private industry and
capitalize on innovations in private industry
in high-performance computing.
SEC. 3126. 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--
(1) the United States should maintain its
commitment to Article VI of the Treaty on the Non-
Proliferation of Nuclear Weapons, done at Washington,
London, and Moscow July 1, 1968, and entered into force
March 5, 1970 (in this section referred to as the
``Nuclear Non-Proliferation Treaty'');
(2) the United States should initiate talks with
Russia to reduce the number of nonstrategic nuclear
weapons and further reduce the number of strategic
nuclear weapons in the respective nuclear weapons
stockpiles of the United States and Russia in a
transparent and verifiable fashion and in a manner
consistent with the security of the United States;
(3) the United States and other declared nuclear
weapons state parties to the Nuclear Non-Proliferation
Treaty, together with weapons states that are not
parties to the Treaty, should work to reduce the total
number of nuclear weapons in the respective stockpiles
and related delivery systems of such states;
(4) the United States, Russia, and other states
should work to negotiate, and then sign and ratify, a
treaty setting forth a date for the cessation of the
production of fissile material;
(5) the United States should sustain the science-
based stockpile stewardship program, which provides the
basis for certifying the United States nuclear
deterrent and maintaining the moratorium on underground
nuclear weapons testing;
(6) the United States should commit to dismantle as
soon as possible all retired warheads or warheads that
are planned to be retired from the United States
nuclear weapons stockpile;
(7) the United States, along with the other
declared nuclear weapons state parties to the Nuclear
Non-Proliferation Treaty, should participate in
transparent discussions regarding their nuclear weapons
programs and plans, including plans for any new weapons
or warheads, and how such programs and plans relate to
their obligations as nuclear weapons state parties
under the Treaty;
(8) the United States and the declared nuclear
weapons state parties to the Nuclear Non-Proliferation
Treaty should work to decrease reliance on, and the
importance of, nuclear weapons; and
(9) the United States should formulate any decision
on whether to manufacture or deploy a reliable
replacement 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).
SEC. 3127. DEPARTMENT OF ENERGY REPORT ON PLAN TO STRENGTHEN AND EXPAND
INTERNATIONAL RADIOLOGICAL THREAT REDUCTION
PROGRAM.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Energy shall submit to Congress a
report that sets forth a specific plan for strengthening and
expanding the Department of Energy International Radiological
Threat Reduction (IRTR) program within the Global Threat
Reduction Initiative. The plan shall address concerns raised
and recommendations made by the Government Accountability
Office in its report of March 13, 2007, titled ``Focusing on
the Highest Priority Radiological Sources Could Improve DOE's
Efforts to Secure Sources in Foreign Countries'', and shall
specifically include actions to--
(1) improve the Department's coordination with the
Department of State and the Nuclear Regulatory
Commission;
(2) improve information-sharing between the
Department and the International Atomic Energy Agency;
(3) with respect to hospitals and clinics
containing radiological sources that receive security
upgrades, give high priority to those determined to be
the highest risk;
(4) accelerate efforts to remove as many
radioisotope thermoelectric generators (RTGs) in the
Russian Federation as practicable;
(5) develop a long-term sustainability plan for
security upgrades that includes, among other things,
future resources required to implement such a plan; and
(6) develop a long-term operational plan that
ensures sufficient funding for the IRTR program and
ensures sufficient funding to identify, recover, and
secure all vulnerable high-risk radiological sources
worldwide as quickly and effectively as possible.
SEC. 3128. DEPARTMENT OF ENERGY REPORT ON PLAN TO STRENGTHEN AND EXPAND
MATERIALS PROTECTION, CONTROL, AND ACCOUNTING
PROGRAM.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Energy shall submit to Congress a
specific plan for strengthening and expanding the Department of
Energy Materials Protection, Control, and Accounting (MPC&A)
program. The plan shall address concerns raised and
recommendations made by the Government Accountability Office in
its report of February 2007, titled ``Progress Made in
Improving Security at Russian Nuclear Sites, but the Long-Term
Sustainability of U.S. Funded Security Upgrades is Uncertain'',
and shall specifically include actions to--
(1) strengthen program management and the
effectiveness of the Department's efforts to improve
security at weapons-usable nuclear material and warhead
sites in the Russian Federation and other countries
by--
(A) revising the metrics used to measure
MPC&A program progress to better reflect the
level of security upgrade completion at
buildings reported as ``secure'';
(B) actively working with other countries,
in coordination with the Secretary of State, to
develop an appropriate access plan for each
country; and
(C) developing a management information
system to track the Department's progress in
providing Russia with a sustainable MPC&A
system by 2013; and
(2) develop a long-term operational plan that
ensures sufficient funding for the MPC&A program,
including for National Programs and Sustainability, and
ensures sufficient funding to secure all weapons-usable
nuclear material and warhead sites as quickly and
effectively as possible.
SEC. 3129. AGREEMENTS AND REPORTS ON NUCLEAR FORENSICS CAPABILITIES.
(a) International Agreements.--
(1) In general.--Title XLIII of the Atomic Energy
Defense Act (50 U.S.C. 2561 et seq.) is amended by
adding at the end the following:
``SEC. 4307. INTERNATIONAL AGREEMENTS ON NUCLEAR WEAPONS DATA.
``The Secretary of Energy may, with the concurrence of the
Secretary of State and in coordination with the Secretary of
Defense, the Secretary of Homeland Security, and the Director
of National Intelligence, enter into agreements with countries
or international organizations to conduct data collection and
analysis to determine accurately and in a timely manner the
source of any components of, or fissile material used or
attempted to be used in, a nuclear device or weapon.
``SEC. 4308. INTERNATIONAL AGREEMENTS ON INFORMATION ON RADIOACTIVE
MATERIALS.
``The Secretary of Energy may, with the concurrence of the
Secretary of State and in coordination with the Secretary of
Defense, the Secretary of Homeland Security, and the Director
of National Intelligence, enter into agreements with countries
or international organizations--
``(1) to acquire for the materials information
program of the Department of Energy validated
information on the physical characteristics of
radioactive material produced, used, or stored at
various locations, in order to facilitate the ability
to determine accurately and in a timely manner the
source of any components of, or fissile material used
or attempted to be used in, a nuclear device or weapon;
and
``(2) to obtain access to information described in
paragraph (1) in the event of--
``(A) a nuclear detonation; or
``(B) the interdiction or discovery of a
nuclear device or weapon or nuclear
material.''.
(2) Clerical amendment.--The table of contents at
the beginning of such Act is amended by inserting after
the item relating to section 4306A the following:
``Sec. 4307. International agreements on nuclear weapons data.
``Sec. 4308. International agreements on information on radioactive
materials.''.
(b) Report on Agreements.--Not later than one year after
the date of the enactment of this Act, the Secretary of Energy
shall, in coordination with the Secretary of State, submit to
Congress a report identifying--
(1) the countries or international organizations
with which the Secretary has sought to make agreements
pursuant to sections 4307 and 4308 of the Atomic Energy
Defense Act, as added by subsection (a);
(2) any countries or international organizations
with which such agreements have been finalized and the
measures included in such agreements; and
(3) any major obstacles to completing such
agreements with other countries and international
organizations.
(c) Report on Standards and Capabilities.--Not later than
180 days after the date of the enactment of this Act, the
President shall submit to Congress a report--
(1) setting forth standards and procedures to be
used in determining accurately and in a timely manner
any country or group that knowingly or negligently
provides to another country or group--
(A) a nuclear device or weapon;
(B) a major component of a nuclear device
or weapon; or
(C) fissile material that could be used in
a nuclear device or weapon;
(2) assessing the capability of the United States
to collect and analyze nuclear material or debris in a
manner consistent with the standards and procedures
described in paragraph (1); and
(3) including a plan and proposed funding for
rectifying any shortfalls in the nuclear forensics
capabilities of the United States by September 30,
2010.
SEC. 3130. REPORT ON STATUS OF ENVIRONMENTAL MANAGEMENT INITIATIVES TO
ACCELERATE THE REDUCTION OF ENVIRONMENTAL RISKS AND
CHALLENGES POSED BY THE LEGACY OF THE COLD WAR.
(a) In General.--Not later than September 30, 2008, the
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 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.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A discussion and assessment of the progress
made in reducing the environmental risks and challenges
described in subsection (a) in each of the following
areas:
(A) Acquisition strategy and contract
management.
(B) Regulatory agreements.
(C) Interim storage and final disposal of
high-level waste, spent nuclear fuel,
transuranic waste, and low-level waste.
(D) Closure and transfer of environmental
remediation sites.
(E) Achievements in innovation by
contractors of the Department with respect to
accelerated risk reduction and cleanup.
(F) Consolidation of special nuclear
materials and improvements in safeguards and
security.
(2) An assessment of whether legislative changes or
clarifications would improve or accelerate
environmental management activities.
(3) A listing of the major mandatory milestones and
commitments by site, by type of agreement, and by year
to the extent that they are currently defined, together
with a summary of the major mandatory milestones by
site that are projected to be missed or are in jeopardy
of being missed, with categories to explain the reason
for non-compliance.
(4) An estimate of the life cycle cost of the
current scope of the environmental management program
as of October 1, 2007, by project baseline summary and
summarized by site, including assumptions impacting
cost projections and descriptions of the work to be
done at each site.
(5) For environmental cleanup liabilities and
excess facilities projected to be transferred to the
environmental management program, a description of the
process for nomination and acceptance of new work scope
into the program, a listing of pending nominations, and
life cycle cost estimates and schedules to address
them.
(c) Review by Comptroller General.--Not later than March
30, 2009, the Comptroller General shall submit to the
congressional defense committees a report containing a review
of the report required by subsection (a).
Subtitle D--Nuclear Terrorism Prevention
SEC. 3131. DEFINITIONS.
In this subtitle:
(1) The term ``Convention on the Physical
Protection of Nuclear Material'' means the Convention
on the Physical Protection of Nuclear Material, signed
at New York and Vienna March 3, 1980.
(2) The term ``formula quantities of strategic
special nuclear material'' means uranium-235 (contained
in uranium enriched to 20 percent or more in the U-235
isotope), uranium-233, or plutonium in any combination
in a total quantity of 5,000 grams or more computed by
the formula, grams = (grams contained U-235) + 2.5
(grams U-233 + grams plutonium), as set forth in the
definitions of ``formula quantity'' and ``strategic
special nuclear material'' in section 73.2 of title 10,
Code of Federal Regulations.
(3) The term ``Nuclear Non-Proliferation Treaty''
means the Treaty on the Non-Proliferation of Nuclear
Weapons, done at Washington, London, and Moscow July 1,
1968, and entered into force March 5, 1970 (21 UST
483).
(4) The term ``nuclear weapon'' means any device
utilizing atomic energy, exclusive of the means for
transporting or propelling the device (where such means
is a separable and divisible part of the device), the
principal purpose of which is for use as, or for the
development of, a weapon, a weapon prototype, or a
weapon test device.
SEC. 3132. SENSE OF CONGRESS ON THE PREVENTION OF NUCLEAR TERRORISM.
It is the sense of Congress that--
(1) the President should make the prevention of a
nuclear terrorist attack on the United States a high
priority;
(2) the President should accelerate programs,
requesting additional funding as appropriate, to
prevent nuclear terrorism, including combating nuclear
smuggling, securing and accounting for nuclear weapons,
and eliminating, removing, or securing and accounting
for formula quantities of strategic special nuclear
material wherever such quantities may be;
(3) the United States, together with the
international community, should take a comprehensive
approach to reducing the danger of nuclear terrorism,
including by making additional efforts to identify and
eliminate terrorist groups that aim to acquire nuclear
weapons, to ensure that nuclear weapons worldwide are
secure and accounted for and that formula quantities of
strategic special nuclear material worldwide are
eliminated, removed, or secure and accounted for to a
degree sufficient to defeat the threat that terrorists
and criminals have shown they can pose, and to increase
the ability to find and stop terrorist efforts to
manufacture nuclear explosives or to transport nuclear
explosives and materials anywhere in the world;
(4) within such a comprehensive approach, a high
priority must be placed on ensuring that all nuclear
weapons worldwide are secure and accounted for and that
all formula quantities of strategic special nuclear
material worldwide are eliminated, removed, or secure
and accounted for; and
(5) the International Atomic Energy Agency should
be funded appropriately to fulfill its role in
coordinating international efforts to protect nuclear
material and to combat nuclear smuggling.
SEC. 3133. MINIMUM SECURITY STANDARD FOR NUCLEAR WEAPONS AND FORMULA
QUANTITIES OF STRATEGIC SPECIAL NUCLEAR MATERIAL.
(a) Policy.--It is the policy of the United States to work
with the international community to take all possible steps to
ensure that all nuclear weapons around the world are secure and
accounted for and that all formula quantities of strategic
special nuclear material are eliminated, removed, or secure and
accounted for to a level sufficient to defeat the threats posed
by terrorists and criminals.
(b) International Nuclear Security Standard.--It is the
sense of Congress that, in furtherance of the policy described
in subsection (a), and consistent with the requirement for
``appropriate effective'' physical protection contained in
United Nations Security Council Resolution 1540 (2004), as well
as the Nuclear Non-Proliferation Treaty and the Convention on
the Physical Protection of Nuclear Material, the President, in
consultation with relevant Federal departments and agencies,
should seek the broadest possible international agreement on a
global standard for nuclear security that--
(1) ensures that nuclear weapons and formula
quantities of strategic special nuclear material are
secure and accounted for to a sufficient level to
defeat the threats posed by terrorists and criminals;
(2) takes into account the limitations of equipment
and human performance; and
(3) includes steps to provide confidence that the
needed measures have in fact been implemented.
(c) International Efforts.--It is the sense of Congress
that, in furtherance of the policy described in subsection (a),
the President, in consultation with relevant Federal
departments and agencies, should--
(1) work with other countries and the International
Atomic Energy Agency to assist as appropriate, and if
necessary work to convince, the governments of any and
all countries in possession of nuclear weapons or
formula quantities of strategic special nuclear
material to ensure that security is upgraded to meet
the standard described in subsection (b) as rapidly as
possible and in a manner that--
(A) accounts for the nature of the
terrorist and criminal threat in each such
country; and
(B) ensures that any measures to which the
United States and any such country agree are
sustained after United States and other
international assistance ends;
(2) ensure that United States financial and
technical assistance is available, as appropriate, to
countries for which the provision of such assistance
would accelerate the implementation of, or improve the
effectiveness of, such security upgrades; and
(3) work with the governments of other countries to
ensure that effective nuclear security rules,
accompanied by effective regulation and enforcement,
are put in place to govern all nuclear weapons and
formula quantities of strategic special nuclear
material around the world.
SEC. 3134. ANNUAL REPORT.
(a) In General.--Not later than September 1 of each year
through 2012, the President, in consultation with relevant
Federal departments and agencies, shall submit to Congress a
report on the security of nuclear weapons and related equipment
and formula quantities of strategic special nuclear material
outside of the United States.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) A section on the programs for the security and
accounting of nuclear weapons and the elimination,
removal, and security and accounting of formula
quantities of strategic special nuclear material,
established under section 3132(b) of the Ronald W.
Reagan National Defense Authorization Act for Fiscal
Year 2005 (50 U.S.C. 2569(b)), which shall include the
following:
(A) A survey of the facilities and sites
worldwide that contain nuclear weapons or
related equipment, or formula quantities of
strategic special nuclear material.
(B) A list of such facilities and sites
determined to be of the highest priority for
security and accounting of nuclear weapons and
related equipment, or the elimination, removal,
or security and accounting of formula
quantities of strategic special nuclear
material, taking into account risk of theft
from such facilities and sites, and organized
by level of priority.
(C) A prioritized plan, including
measurable milestones, metrics, estimated
timetables, and estimated costs of
implementation, on the following:
(i) The security and accounting of
nuclear weapons and related equipment
and the elimination, removal, or
security and accounting of formula
quantities of strategic special nuclear
material at such facilities and sites
worldwide.
(ii) Ensuring that security
upgrades and accounting reforms
implemented at such facilities and
sites worldwide, using the financial
and technical assistance of the United
States, are effectively sustained after
such assistance ends.
(iii) The role that international
agencies and the international
community have committed to play,
together with a plan for securing
international contributions.
(D) An assessment of the progress made in
implementing the plan described in subparagraph
(C), including a description of the efforts of
foreign governments to secure and account for
nuclear weapons and related equipment and to
eliminate, remove, or secure and account for
formula quantities of strategic special nuclear
material.
(2) A section on efforts to establish and implement
the international nuclear security standard described
in section 3133(b) and related policies.
(c) Form.--The report may be submitted in classified form
but shall include a detailed unclassified summary.
TITLE XXXII--WAR-RELATED NATIONAL NUCLEAR SECURITY ADMINISTRATION
AUTHORIZATIONS
Sec. 3201. Additional war-related authorization of appropriations for
National Nuclear Security Administration.
SEC. 3201. ADDITIONAL WAR-RELATED AUTHORIZATION OF APPROPRIATIONS FOR
NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) In General.-- Funds are hereby authorized to be
appropriated for fiscal year 2008 to the Department of Energy
for the National Nuclear Security Administration for defense
nuclear nonproliferation in the amount of $50,000,000, of which
$30,000,000 is for the International Nuclear Materials
Protection and Cooperation program and $20,000,000 is for the
Global Threat Reduction Initiative.
(b) Treatment as Additional Authorization.--The amounts
authorized to be appropriated by this section are in addition
to amounts otherwise authorized to be appropriated by this Act.
TITLE XXXIII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3301. Authorization.
SEC. 3301. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
2008, $22,499,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Remedial action at Moab uranium milling site.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated
to the Secretary of Energy $17,301,000 for fiscal year 2008 for
the purpose of carrying out activities under chapter 641 of
title 10, United States Code, relating to the naval petroleum
reserves.
(b) Period of Availability.--Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall
remain available until expended.
SEC. 3402. REMEDIAL ACTION AT MOAB URANIUM MILLING SITE.
Section 3405(i) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 10
U.S.C. 7420 note) is amended by adding at the end the following
new paragraph:
``(6)(A) Not later than October 1, 2019, the Secretary of
Energy shall complete remediation at the Moab site and removal
of the tailings to the Crescent Junction site in Utah.
``(B) In the event the Secretary of Energy is unable to
complete remediation at the Moab Site by October 1, 2019, the
Secretary shall submit to Congress a plan setting forth the
projected completion date and the estimated funding to meet the
revised date. The Secretary shall submit the plan, if
required, to Congress not later than October 2, 2019.''.
TITLE XXXV--MARITIME ADMINISTRATION
Subtitle A--Maritime Administration Reauthorization
Sec. 3501. Authorization of appropriations for fiscal year 2008.
Sec. 3502. Temporary authority to transfer obsolete combatant vessels to
Navy for disposal.
Sec. 3503. Vessel disposal program.
Subtitle B--Programs
Sec. 3511. Commercial vessel chartering authority.
Sec. 3512. Maritime Administration vessel chartering authority.
Sec. 3513. Chartering to State and local governmental instrumentalities.
Sec. 3514. Disposal of obsolete Government vessels.
Sec. 3515. Vessel transfer authority.
Sec. 3516. Sea trials for Ready Reserve Force.
Sec. 3517. Review of applications for loans and guarantees.
Subtitle C--Technical Corrections
Sec. 3521. Personal injury to or death of seamen.
Sec. 3522. Amendments to Chapter 537 based on Public Law 109-163.
Sec. 3523. Additional amendments based on Public Law 109-163.
Sec. 3524. Amendments based on Public Law 109-171.
Sec. 3525. Amendments based on Public Law 109-241.
Sec. 3526. Amendments based on Public Law 109-364.
Sec. 3527. Miscellaneous amendments.
Sec. 3528. Application of sunset provision to codified provision.
Sec. 3529. Additional technical corrections.
Subtitle A--Maritime Administration Reauthorization
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2008.
Funds are hereby authorized to be appropriated for fiscal
year 2008, to be available without fiscal year limitation if so
provided in appropriations Acts, for the use of the Department
of Transportation for the Maritime Administration as follows:
(1) For expenses necessary for operations and
training activities, $124,303,000, of which--
(A) $63,958,000 shall remain available
until expended for expenses and capital
improvements at the United States Merchant
Marine Academy; and
(B) $11,500,000 which shall remain
available until expended for maintenance and
repair of school ships at the State Maritime
Academies.
(2) For expenses to maintain and preserve a United
States-flag merchant fleet to serve the national
security needs of the United States under chapter 531
of title 46, United States Code, $156,000,000.
(3) For paying reimbursement under section 3517 of
the Maritime Security Act of 2003 (46 U.S.C. 53101
note), $19,500,000.
(4) For assistance to small shipyards and maritime
communities under section 54101 of title 46, United
States Code, $25,000,000.
(5) For expenses to dispose of obsolete vessels in
the National Defense Reserve Fleet, including provision
of assistance under section 7 of Public Law 92-402,
$20,000,000.
(6) For the cost (as defined in section 502(5) of
the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5)) of loan guarantees under the program
authorized by chapter 537 of title 46, United States
Code, $30,000,000.
(7) For administrative expenses related to the
implementation of the loan guarantee program under
chapter 537 of title 46, United States Code,
administrative expenses related to implementation of
the reimbursement program under section 3517 of the
Maritime Security Act of 2003 (46 U.S.C. 53101 note),
and administrative expenses related to the
implementation of the small shipyards and maritime
communities assistance program under section 54101 of
title 46, United States Code, $6,000,000.
SEC. 3502. TEMPORARY AUTHORITY TO TRANSFER OBSOLETE COMBATANT VESSELS
TO NAVY FOR DISPOSAL.
The Secretary of Transportation shall, subject to the
availability of appropriations and consistent with section 1535
of title 31, United States Code, popularly known as the Economy
Act, transfer to the Secretary of the Navy during fiscal year
2008 for disposal by the Navy, no fewer than 3 combatant
vessels in the nonretention fleet of the Maritime
Administration that are acceptable to the Secretary of the
Navy.
SEC. 3503. VESSEL DISPOSAL PROGRAM.
(a) In General.--Within 30 days after the date of the
enactment of this Act, the Secretary of Transportation shall
convene a working group to review and make recommendations on
best practices for the storage and disposal of obsolete vessels
owned or operated by the Federal Government. The Secretary
shall invite senior representatives from the Maritime
Administration, the Coast Guard, the Environmental Protection
Agency, the National Oceanic and Atmospheric Administration,
and the United States Navy to participate in the working group.
The Secretary may request the participation of senior
representatives of any other Federal department or agency, as
appropriate, and may also request participation from concerned
State environmental agencies.
(b) Scope.--Among the vessels to be considered by the
working group are Federally owned or operated vessels that
are--
(1) to be scrapped or recycled;
(2) to be used as artificial reefs: or
(3) to be used for the Navy's SINKEX program.
(c) Purpose.--The working group shall--
(1) examine current storage and disposal policies,
procedures, and practices for obsolete vessels owned or
operated by Federal agencies;
(2) examine Federal and State laws and regulations
governing such policies, procedures, and practices and
any applicable environmental laws; and
(3) within 90 days after the date of enactment of
the Act, submit a plan to the Committee on Armed
Services and the Committee on Commerce, Science and
Transportation of the Senate and the Committee on Armed
Services of the House of Representatives to improve and
harmonize practices for storage and disposal of such
vessels, including the interim transportation of such
vessels.
(d) Contents of Plan.--The working group shall include in
the plan submitted under subsection (c)(3)--
(1) a description of existing measures for the
storage, disposal, and interim transportation of
obsolete vessels owned or operated by Federal agencies
in compliance with Federal and State environmental laws
in a manner that protects the environment;
(2) a description of Federal and State laws and
regulations governing the current policies, procedures,
and practices for the storage, disposal, and interim
transportation of such vessels;
(3) recommendations for environmental best
practices that meet or exceed, and harmonize, the
requirements of Federal environmental laws and
regulations applicable to the storage, disposal, and
interim transportation of such vessels;
(4) recommendations for environmental best
practices that meet or exceed the requirements of State
laws and regulations applicable to the storage,
disposal, and interim transportation of such vessels;
(5) procedures for the identification and
remediation of any environmental impacts caused by the
storage, disposal, and interim transportation of such
vessels; and
(6) recommendations for necessary steps, including
regulations if appropriate, to ensure that best
environmental practices apply to all such vessels.
(e) Implementation of Plan.--
(1) In general.--As soon as practicable after the
date of enactment of the Act, the head of each Federal
department or agency participating in the working
group, in consultation with the other Federal
departments and agencies participating in the working
group, shall take such action as may be necessary,
including the promulgation of regulations, under
existing authorities to ensure that the implementation
of the plan provides for compliance with all Federal
and State laws and for the protection of the
environment in the storage, interim transportation, and
disposal of obsolete vessels owned or operated by
Federal agencies.
(2) Armed services vessels.--The Secretary and the
Secretary of Defense, in consultation with the
Administrator of the Environmental Protection Agency,
shall each ensure that environmental best practices are
observed with respect to the storage, disposal, and
interim transportation of obsolete vessels owned or
operated by the Department of Defense.
(f) Rule of Construction.--Nothing in this section shall be
construed to supersede, limit, modify, or otherwise affect any
other provision of law, including environmental law.
Subtitle B--Programs
SEC. 3511. COMMERCIAL VESSEL CHARTERING AUTHORITY.
(a) In General.--Subchapter III of chapter 575 of title 46,
United States Code, is amended by adding at the end the
following:
``Sec. 57533. Vessel chartering authority
``The Secretary of Transportation may enter into contracts
or other agreements on behalf of the United States to purchase,
charter, operate, or otherwise acquire the use of any vessels
documented under chapter 121 of this title and any other
related real or personal property. The Secretary is authorized
to use this authority as the Secretary deems appropriate.''.
(b) Conforming Amendment.--The chapter analysis for chapter
575 of such title is amended by adding at the end the
following:
``57533. Vessel chartering authority''.
SEC. 3512. MARITIME ADMINISTRATION VESSEL CHARTERING AUTHORITY.
Section 50303 of title 46, United States Code, is amended
by--
(1) inserting ``vessels,'' after ``piers,''; and
(2) by striking ``control;'' in subsection (a)(1)
and inserting ``control, except that the prior consent
of the Secretary of Defense for such use shall be
required with respect to any vessel in the Ready
Reserve Force or in the National Defense Reserve Fleet
which is maintained in a retention status for the
Department of Defense;''.
SEC. 3513. CHARTERING TO STATE AND LOCAL GOVERNMENTAL
INSTRUMENTALITIES.
Section 11(b) of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744(b)), is amended--
(1) by striking ``or'' after the semicolon in
paragraph (3);
(2) by striking ``Defense.'' in paragraph (4) and
inserting ``Defense; or''; and
(3) by adding at the end thereof the following:
``(5) on a reimbursable basis, for charter to the
government of any State, locality, or Territory of the
United States, except that the prior consent of the
Secretary of Defense for such use shall be required
with respect to any vessel in the Ready Reserve Force
or in the National Defense Reserve Fleet which is
maintained in a retention status for the Department of
Defense.''.
SEC. 3514. DISPOSAL OF OBSOLETE GOVERNMENT VESSELS.
Section 6(c)(1) of the National Maritime Heritage Act of
1994 (16 U.S.C. 5405(c)(1)) is amended--
(1) by inserting ``(either by sale or purchase of
disposal services)'' after ``shall dispose''; and
(2) by striking subparagraph (A) of paragraph (1)
and inserting the following:
``(A) in accordance with a priority system
for disposing of vessels, as determined by the
Secretary, which shall include provisions
requiring the Maritime Administration to--
``(i) dispose of all deteriorated
high priority ships that are available
for disposal, within 12 months of their
designation as such; and
``(ii) give priority to the
disposition of those vessels that pose
the most significant danger to the
environment or cost the most to
maintain;''.
SEC. 3515. VESSEL TRANSFER AUTHORITY.
Section 50304 of title 46, United States Code, is amended
by adding at the end thereof the following:
``(d) Vessel Charters to Other Departments.--On a
reimbursable or nonreimbursable basis, as determined by the
Secretary of Transportation, the Secretary may charter or
otherwise make available a vessel under the jurisdiction of the
Secretary to any other department, upon the request by the
Secretary of the department that receives the vessel. The prior
consent of the Secretary of Defense for such use shall be
required with respect to any vessel in the Ready Reserve Force
or in the National Defense Reserve Fleet which is maintained in
a retention status for the Department of Defense.''.
SEC. 3516. SEA TRIALS FOR READY RESERVE FORCE.
Section 11(c)(1)(B) of the Merchant Ship Sales Act of 1946
(50 U.S.C. App. 1744(c)(1)(B)) is amended to read as follows:
``(B) activate and conduct sea trials on
each vessel at least once every 30 months;''.
SEC. 3517. REVIEW OF APPLICATIONS FOR LOANS AND GUARANTEES.
(a) Findings.--The Congress makes the following findings:
(1) The maritime loan guarantee program was
established by the Congress through the Merchant Marine
Act, 1936 to encourage domestic shipbuilding by making
available federally backed loan guarantees for new
construction to ship owners and operators.
(2) The maritime loan guarantee program has a long
and successful history of ship construction with a low
historical default rate.
(3) The current process for review of applications
for maritime loans in the Department of Transportation
has effectively discontinued the program as envisioned
by the Congress.
(4) The President has requested no funding for the
loan guarantee program despite the stated national
policy to foster the development and encourage the
maintenance of a merchant marine in section 50101 of
title 46, United States Code.
(5) United States commercial shipyards were placed
at a competitive disadvantage in the world shipbuilding
market by government subsidized foreign commercial
shipyards.
(6) The maritime loan guarantee program has the
potential to modernize shipyards and the ships of the
United States coastwise trade and restore a competitive
position in the world shipbuilding market for United
States shipyards.
(7) The maritime loan guarantee program is a useful
tool to encourage domestic shipbuilding, preserving a
vital industrial capacity critical to the security of
the United States.
(b) Requirements.--
(1) In general.--Within 180 days after the date of
enactment of this Act, the Administrator of the
Maritime Administration shall develop and implement a
comprehensive plan for the review of applications for
loan guarantees under chapter 537 of title 46, United
States Code.
(2) Deadline for action on application.--
(A) Traditional applications.--In the
comprehensive plan the Administrator will
ensure that within the 90-day period following
receipt of all pertinent documentation required
for review of a traditional loan application,
the application shall be either accepted or
rejected.
(B) Nontraditional applications.--In the
comprehensive plan the Administrator will
ensure that within the 180-day period following
receipt of all pertinent documentation required
for review of a nontraditional loan
application, the application shall be either
accepted or rejected.
(c) Submission to Congress.--The Administrator shall submit
a copy of the comprehensive plan to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Armed Services of the House of Representatives within 180 days
after the date of enactment of this Act.
(d) Definitions.--In this section:
(1) Traditional application.--The term
``traditional application'' means an application for a
loan, guarantee, or commitment to guarantee submitted
pursuant to chapter 537 of title 46, United States
Code, that involves a market, technology, and financial
structure of a type that has proven successful in
previous applications and does not present an
unreasonable risk to the United States, as determined
by the Administrator of the Maritime Administration.
(2) Nontraditional application.--The term
``nontraditional application'' means an application for
a loan, guarantee, or commitment to guarantee submitted
pursuant to chapter 537 of title 46, United States
Code, that is not a traditional application, as
determined by the Administrator of the Maritime
Administration.
Subtitle C--Technical Corrections
SEC. 3521. PERSONAL INJURY TO OR DEATH OF SEAMEN.
(a) Amendment.--Section 30104 of title 46, United States
Code, is amended--
(1) by striking ``(a) Cause of Action.--''; and
(2) by repealing subsection (b).
(b) Effective Date.--The amendment made by subsection (a)
shall be effective as if included in the enactment of Public
Law 109-304.
SEC. 3522. AMENDMENTS TO CHAPTER 537 BASED ON PUBLIC LAW 109-163.
(a) Amendments.--Title 46, United States Code, is amended
as follows:
(1) Section 53701 is amended by--
(A) redesignating paragraphs (2) through
(13) as paragraphs (3) through (14),
respectively;
(B) inserting after paragraph (1) the
following:
``(2) Administrator.--The term `Administrator'
means the Administrator of the Maritime
Administration.''; and
(C) striking paragraph (13) (as
redesignated) and inserting the following:
``(13) Secretary.--The term `Secretary' means the
Secretary of Commerce with respect to fishing vessels
and fishery facilities.''.
(2) Section 53706(c) is amended to read as follows:
``(c) Priorities for Certain Vessels.--
``(1) Vessels.--In guaranteeing or making a
commitment to guarantee an obligation under this
chapter, the Administrator shall give priority to--
``(A) a vessel that is otherwise eligible
for a guarantee and is constructed with
assistance under subtitle D of the Maritime
Security Act of 2003 (46 U.S.C. 53101 note);
and
``(B) after applying subparagraph (A), a
vessel that is otherwise eligible for a
guarantee and that the Secretary of Defense
determines--
``(i) is suitable for service as a
naval auxiliary in time of war or
national emergency; and
``(ii) meets a shortfall in sealift
capacity or capability.
``(2) Time for determination.--The Secretary of
Defense shall determine whether a vessel satisfies
paragraph (1)(B) not later than 30 days after receipt
of a request from the Administrator for such a
determination.''.
(3) Section 53707 is amended--
(A) by inserting ``or Administrator'' in
subsections (a) and (d) after ``Secretary''
each place it appears;
(B) by striking ``Secretary of
Transportation'' in subsection (b) and
inserting ``Administrator'';
(C) by striking ``of Commerce'' in
subsection (c); and
(D) in subsection (d)(2), by--
(i) inserting ``if the Secretary or
Administrator considers necessary,''
before ``the waiver''; and
(ii) striking ``the increased'' and
inserting ``any significant increase
in''.
(4) Section 53708 is amended--
(A) by striking ``Secretary of
Transportation'' in the heading of subsection
(a) and inserting ``Administrator'';
(B) by striking ``Secretary'' and
``Secretary of Transportation'' each place they
appear in subsection (a) and inserting
``Administrator'';
(C) by striking ``of Commerce'' in the
heading of subsection (b);
(D) by striking ``of Commerce'' in
subsections (b) and (c);
(E) in subsection (d), by--
(i) inserting ``or Administrator''
after ``Secretary'' the first place it
appears; and
(ii) striking ``financial
structures, or other risk factors
identified by the Secretary. Any
independent analysis conducted under
this subsection shall be performed by a
party chosen by the Secretary.'' and
inserting ``or financial structures. A
third party independent analysis
conducted under this subsection shall
be performed by a private sector expert
in assessing such risk factors who is
selected by the Secretary or
Administrator.''; and
(F) in subsection (e), by--
(i) inserting ``or Administrator''
after ``Secretary'' the first place it
appears; and
(ii) striking ``financial
structures, or other risk factors
identified by the Secretary'' and
inserting ``or financial structures''.
(5) Section 53710(b)(1) is amended by striking
``Secretary's'' and inserting ``Administrator's''.
(6) Section 53712(b) is amended by striking the
last sentence and inserting ``If the Secretary or
Administrator has waived a requirement under section
53707(d) of this title, the loan agreement shall
include requirements for additional payments,
collateral, or equity contributions to meet the waived
requirement upon the occurrence of verifiable
conditions indicating that the obligor's financial
condition enables the obligor to meet the waived
requirement.''.
(7) Subsections (c) and (d) of section 53717 are
each amended--
(A) by striking ``of Commerce'' in the
subsection heading; and
(B) by striking ``of Commerce'' each place
it appears.
(8) Section 53732(e)(2) is amended by inserting
``of Defense'' after ``Secretary'' the second place it
appears.
(9) The following provisions are amended by
striking ``Secretary'' and ``Secretary of
Transportation'' and inserting ``Administrator'':
(A) Section 53710(b)(2)(A)(i).
(B) Section 53717(b) each place it appears
in a heading and in text.
(C) Section 53718.
(D) Section 53731 each place it appears,
except where ``Secretary'' is followed by ``of
Energy''.
(E) Section 53732 (as amended by paragraph
(8)) each place it appears, except where
``Secretary'' is followed by ``of the
Treasury'', ``of State'', or ``of Defense''.
(F) Section 53733 each place it appears.
(10) The following provisions are amended by
inserting ``or Administrator'' after ``Secretary'' each
place it appears in headings and text, except where
``Secretary'' is followed by ``of Transportation'' or
``of the Treasury'':
(A) The items relating to sections 53722
and 53723 in the chapter analysis for chapter
537.
(B) Sections 53701(1), (4), and (9) (as
redesignated by paragraph (1)(A)), 53702(a),
53703, 53704, 53706(a)(3)(B)(iii), 53709(a)(1),
(b)(1) and (2)(A), and (d), 53710(a) and (c),
53711, 53712 (except in the last sentence of
subsection (b) as amended by paragraph (6)),
53713 to 53716, 53721 to 53725, and 53734.
(11) Sections 53715(d)(1), 53716(d)(3), 53721(c),
53722(a)(1) and (b)(1)(B), and 53724(b) are amended by
inserting ``or Administrator's'' after ``Secretary's''.
(b) Repeal of Superseded Amendments.--Section 3507 (except
subsection (c)(4)) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163) is repealed.
SEC. 3523. ADDITIONAL AMENDMENTS BASED ON PUBLIC LAW 109-163.
(a) Amendments.--Title 46, United States Code, is amended
as follows:
(1) Chapters 513 and 515 are amended by striking
``Naval Reserve'' each place it appears in analyses,
headings, and text and inserting ``Navy Reserve''.
(2) Section 51504(f) is amended to read as follows:
``(f) Fuel Costs.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall pay to each State
maritime academy the costs of fuel used by a vessel
provided under this section while used for training.
``(2) Maximum amounts.--The amount of the payment
to a State maritime academy under paragraph (1) may not
exceed--
``(A) $100,000 for fiscal year 2006;
``(B) $200,000 for fiscal year 2007; and
``(C) $300,000 for fiscal year 2008 and
each fiscal year thereafter.''.
(3) Section 51505(b)(2)(B) is amended by striking
``$200,000'' and inserting ``$300,000 for fiscal year
2006, $400,000 for fiscal year 2007, and $500,000 for
fiscal year 2008 and each fiscal year thereafter''.
(4) Section 51701(a) is amended by striking ``of
the United States.'' and inserting ``of the United
States and to perform functions to assist the United
States merchant marine, as determined necessary by the
Secretary.''.
(5)(A) Section 51907 is amended to read as follows:
``Sec. 51907. Provision of decorations, medals, and replacements
``The Secretary of Transportation may provide--
``(1) the decorations and medals authorized by this
chapter and replacements for those decorations and
medals; and
``(2) replacements for decorations and medals
issued under a prior law.''.
(B) The item relating to section 51907 in the
chapter analysis for chapter 519 is amended to read as
follows:
``51907. Provision of decorations, medals, and replacements''.
(6)(A) The following new chapter is inserted after
chapter 539:
``CHAPTER 541--MISCELLANEOUS
``Sec
``54101. Assistance for small shipyards and maritime communities''.
(B) Section 3506 of the National Defense
Authorization Act for Fiscal Year 2006 (46 U.S.C. 53101
note) is transferred to and redesignated as section
54101 of title 46, United States Code, to appear at the
end of chapter 541 of title 46, as inserted by
subparagraph (A).
(C) The heading of such section, as transferred by
subparagraph (B), is amended to read as follows:
``Sec. 54101. Assistance for small shipyards and maritime
communities''.
(D) Paragraph (1) of subsection (h) of such
section, as transferred by subparagraph (B), is amended
by striking ``(15 U.S.C. 632);'' and inserting ``(15
U.S.C. 632));''.
(E) The table of chapters at the beginning of
subtitle V is amended by inserting after the item
relating to chapter 539 the following new item:
``541. Miscellaneous.......................................... 54101''.
(b) Repeal of Superseded Amendments.--Sections 515(g)(2),
3502, 3509, and 3510 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163) are repealed.
SEC. 3524. AMENDMENTS BASED ON PUBLIC LAW 109-171.
(a) Amendments.--Section 60301 of title 46, United States
Code, is amended--
(1) by striking ``2 cents per ton (but not more
than a total of 10 cents per ton per year)'' in
subsection (a) and inserting ``4.5 cents per ton, not
to exceed a total of 22.5 cents per ton per year, for
fiscal years 2006 through 2010, and 2 cents per ton,
not to exceed a total of 10 cents per ton per year, for
each fiscal year thereafter,''; and
(2) by striking ``6 cents per ton (but not more
than a total of 30 cents per ton per year)'' in
subsection (b) and inserting ``13.5 cents per ton, not
to exceed a total of 67.5 cents per ton per year, for
fiscal years 2006 through 2010, and 6 cents per ton,
not to exceed a total of 30 cents per ton per year, for
each fiscal year thereafter,''.
(b) Repeal of Superseded Amendments.--Section 4001 of the
Deficit Reduction Act of 2005 (Public Law 109-171) is repealed.
SEC. 3525. AMENDMENTS BASED ON PUBLIC LAW 109-241.
(a) Amendments.--Title 46, United States Code, is amended
as follows:
(1) Section 12111 is amended by adding at the end
the following:
``(d) Activities Involving Mobile Offshore Drilling
Units.--
``(1) In general.--Only a vessel for which a
certificate of documentation with a registry
endorsement is issued may engage in--
``(A) the setting, relocation, or recovery
of the anchors or other mooring equipment of a
mobile offshore drilling unit that is located
over the outer Continental Shelf (as defined in
section 2(a) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1331(a))); or
``(B) the transportation of merchandise or
personnel to or from a point in the United
States from or to a mobile offshore drilling
unit located over the outer Continental Shelf
that is not attached to the seabed.
``(2) Coastwise trade not authorized.--Nothing in
paragraph (1) authorizes the employment in the
coastwise trade of a vessel that does not meet the
requirements of section 12112 of this title.''.
(2) Section 12139(a) is amended by striking ``and
charterers'' and inserting ``charterers, and
mortgagees''.
(3) Section 51307 is amended--
(A) by striking ``and'' at the end of
paragraph (2);
(B) by striking ``organizations.'' in
paragraph (3) and inserting ``organizations;
and''; and
(C) by adding at the end the following:
``(4) on any other vessel considered by the
Secretary to be necessary or appropriate or in the
national interest.''.
(4) Section 55105(b)(3) is amended by striking
``Secretary of the department in which the Coast Guard
is operating'' and inserting ``Secretary of Homeland
Security''.
(5) Section 70306(a) is amended by striking ``Not
later than February 28 of each year, the Secretary
shall submit a report'' and inserting ``The Secretary
shall submit an annual report''.
(6) Section 70502(d)(2) is amended to read as
follows:
``(2) Response to claim of registry.--The response
of a foreign nation to a claim of registry under
paragraph (1)(A) or (C) may be made by radio,
telephone, or similar oral or electronic means, and is
proved conclusively by certification of the Secretary
of State or the Secretary's designee.''.
(b) Repeal of Superseded Amendments.--Sections 303, 307,
308, 310, 901(q), and 902(o) of the Coast Guard and Maritime
Transportation Act of 2006 (Public Law 109-241) are repealed.
SEC. 3526. AMENDMENTS BASED ON PUBLIC LAW 109-364.
(a) Updating of Cross References.--Section 1017(b)(2) of
the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364, 10 U.S.C. 2631 note) is amended
by striking ``section 27 of the Merchant Marine Act, 1920 (46
U.S.C. 883), section 12106 of title 46, United States Code, and
section 2 of the Shipping Act, 1916 (46 U.S.C. App. 802)'' and
inserting ``sections 12112, 50501, and 55102 of title 46,
United States Code''.
(b) Section 51306(e).--
(1) In general.--Section 51306 of title 46, United
States Code, is amended by adding at the end the
following:
``(e) Alternative Service.--
``(1) Service as commissioned officer.--An
individual who, for the 5-year period following
graduation from the Academy, serves as a commissioned
officer on active duty in an armed force of the United
States or as a commissioned officer of the National
Oceanic and Atmospheric Administration or the Public
Health Service shall be excused from the requirements
of paragraphs (3) through (5) of subsection (a).
``(2) Modification or waiver.--The Secretary may
modify or waive any of the terms and conditions set
forth in subsection (a) through the imposition of
alternative service requirements.''.
(2) Application.--Section 51306(e) of title 46,
United States Code, as added by paragraph (1), applies
only to an individual who enrolls as a cadet at the
United States Merchant Marine Academy, and signs an
agreement under section 51306(a) of title 46, after
October 17, 2006.
(c) Section 51306(f).--
(1) In general.--Section 51306 of title 46, United
States Code, is further amended by adding at the end
the following:
``(f) Service Obligation Performance Reporting
Requirement.--
``(1) In general.--Subject to any otherwise
applicable restrictions on disclosure in section 552a
of title 5, the Secretary of Defense, the Secretary of
the department in which the Coast Guard is operating,
the Administrator of the National Oceanic and
Atmospheric Administration, and the Surgeon General of
the Public Health Service--
``(A) shall report the status of obligated
service of an individual graduate of the
Academy upon request of the Secretary; and
``(B) may, in their discretion, notify the
Secretary of any failure of the graduate to
perform the graduate's duties, either on active
duty or in the Ready Reserve component of their
respective service, or as a commissioned
officer of the National Oceanic and Atmospheric
Administration or the Public Health Service,
respectively.
``(2) Information to be provided.--A report or
notice under paragraph (1) shall identify any graduate
determined to have failed to comply with service
obligation requirements and provide all required
information as to why such graduate failed to comply.
``(3) Considered as in default.--Upon receipt of
such a report or notice, such graduate may be
considered to be in default of the graduate's service
obligations by the Secretary, and subject to all
remedies the Secretary may have with respect to such a
default.''.
(2) Application.--Section 51306(f) of title 46,
United States Code, as added by paragraph (1), does not
apply with respect to an agreement entered into under
section 51306(a) of title 46, United States Code,
before October 17, 2006.
(d) Section 51509(c).--Section 51509(c) of title 46, United
States Code, is amended--
(1) by striking ``Midshipman and'' in the
subsection heading and ``midshipman and'' in the text;
and
(2) inserting ``or the Coast Guard Reserve'' after
``Reserve)''.
(e) Section 51908(a).--Section 51908(a) of title 46, United
States Code, is amended by striking ``under this chapter'' and
inserting ``by this chapter or the Secretary of
Transportation''.
(f) Section 53105(e)(2).--Section 53105(e)(2) of title 46,
United States Code, is amended by striking ``section 2 of the
Shipping Act, 1916 (46 U.S.C. App. 802),'' and inserting
``section 50501 of this title''.
(g) Repeal of Superseded Amendments.--Sections 3505, 3506,
3508, and 3510(a) and (b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364) are
repealed.
SEC. 3527. MISCELLANEOUS AMENDMENTS.
(a) Deletion of Obsolete Reference to Canton Island.--
Section 55101(b) of title 46, United States Code, is amended--
(1) by inserting ``or'' after the semicolon at the
end of paragraph (2);
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph
(3).
(b) Improvement of Heading.--Title 46, United States Code,
is amended as follows:
(1) The heading of section 55110 is amended by
inserting ``valueless material or'' before ``dredged
material''.
(2) The item for section 55110 in the analysis for
chapter 551 is amended by inserting ``valueless
material or'' before ``dredged material''.
SEC. 3528. APPLICATION OF SUNSET PROVISION TO CODIFIED PROVISION.
For purposes of section 303 of the Jobs and Growth Tax
Relief Reconciliation Act of 2003 (Public Law 108-27, 26 U.S.C.
1 note), the amendment made by section 301(a)(2)(E) of that Act
shall be deemed to have been made to section 53511(f)(2) of
title 46, United States Code.
SEC. 3529. ADDITIONAL TECHNICAL CORRECTIONS.
(a) Amendments to Title 46.--Title 46, United States Code,
is amended as follows:
(1) The analysis for chapter 21 is amended by
striking the item relating to section 2108.
(2) Section 12113(g) is amended by inserting
``and'' after ``Conservation''.
(3) Section 12131 is amended by striking
``commmand'' and inserting ``command''.
(b) Amendments to Public Law 109-304.--
(1) Amendments.--Public Law 109-304 is amended as
follows:
(A) Section 15(10) is amended by striking
``46 App. U.S.C.'' and inserting ``46 U.S.C.
App.''.
(B) Section 15(30) is amended by striking
``Shipping Act, 1936'' and inserting ``Shipping
Act, 1916''.
(C) The schedule of Statutes at Large
repealed in section 19, as it relates to the
Act of June 29, 1936, is amended by--
(i) striking the second section
``1111'' (relating to 46 U.S.C. App.
1279f) and inserting section ``1113'';
and
(ii) striking the second section
``1112'' (relating to 46 U.S.C. App.
1279g) and inserting section ``1114''.
(2) Effective date.--The amendments made by
paragraph (1) shall be effective as if included in the
enactment of Public Law 109-304.
(c) Repeal of Duplicative or Unexecutable Amendments.--
(1) Repeal.--Sections 9(a), 15(21) and (33)(A)
through (D)(i), and 16(c)(2) of Public Law 109-304 are
repealed.
(2) Intended effect.--The provisions repealed by
paragraph (1) shall be treated as if never enacted.
(d) Large Passenger Vessel Crew Requirements.--Section
8103(k)(3)(C)(iv) of title 46, United States Code, is amended
by inserting ``and section 252 of the Immigration and
Nationality Act (8 U.S.C. 1282)'' after ``of such section''.
And the Senate agree to the same.
From the Committee on Armed Services, for
consideration of the House bill and the Senate
amendment, and modifications committed to
conference:
Ike Skelton,
John M. Spratt,
Gene Taylor,
Neil Abercrombie,
Silvestre Reyes,
Vic Snyder,
Adam Smith,
Loretta Sanchez,
Mike McIntyre,
Ellen O. Tauscher,
Robert A. Brady,
Robert E. Andrews,
Susan A. Davis,
Richard Larsen,
Jim Cooper,
Jim Marshall,
Madeleine Z. Bordallo,
Mark Udall,
Duncan Hunter,
Jim Saxton,
John M. McHugh,
Terry Everett,
Roscoe Bartlett,
Howard ``Buck'' McKeon,
Mac Thornberry,
Walter B. Jones,
Robin Hayes,
W. Todd Akin,
J. Randy Forbes,
Joe Wilson,
Michael R. Turner,
John Kline,
Thelma Drake,
From the Permanent Select Committee on
Intelligence, for consideration of matters
within the jurisdiction of that committee under
clause 11 of rule X:
Leonard L. Boswell,
Pat J. Murphy,
From the Committee on Education and Labor, for
consideration of secs. 561, 562, 675, 953, and
3118 of the House bill, and secs. 561, 562,
564, 565, and 3137 of the Senate amendment, and
modifications committed to conference:
Joe Courtney,
Timothy Walberg,
From the Committee on Energy and Commerce, for
consideration of secs. 311-313 and 1082 of the
Senate amendment, and modifications committed
to conference:
John D. Dingell,
Albert R. Wynn,
From the Committee on Foreign Affairs, for
consideration of secs. 831, 833, 1022, 1201,
1203, 1204, 1206-1208, 1221, 1222, 1231, 1241,
1242, Title XIII, and sec. 3117 of the House
bill, and secs. 871, 934, 1011, 1201-1203,
1205, 1211, 1212, 1214, 1215, 1217, 1219, 1232,
Title XIII, secs. 1511, 1512, 1532, 1533, 1539-
1542, 1571, 1574-1576, 1579, 3134, and 3139 of
the Senate amendment, and modifications
committed to conference:
Tom Lantos,
Gary Ackerman,
Ileana Ros-Lehtinen,
From the Committee on Homeland Security, for
consideration of sec. 1076 of the Senate
amendment, and modifications committed to
conference:
Bennie G. Thompson,
Christopher P. Carney,
Daniel E. Lungren,
From the Committee on Oversight and Government
Reform, for consideration of secs. 325, 326,
328-330, 604, 653, 674, 801, 802, 814, 815,
821-824, 1101-1112, 1221, 1231, and 1451 of the
House bill, and secs. 366-370, 603, 684, 821,
823, 842, 845, 846, 871, 902, 937, 1064, 1069,
1074, 1093, 1101-1106, 1108, 1540, 1542, and
2851 of the Senate amendment, and modifications
committed to conference:
Henry A. Waxman,
From the Committee on Science and Technology,
for consideration of secs. 846, 1085, and 1088
of the Senate amendment, and modifications
committed to conference:
Bart Gordon,
Gabrielle Giffords,
Vernon J. Ehlers,
From the Committee on Small Business, for
consideration of secs. 828, 1085, 1088, 4001,
4002, 4101-4103, 4201-4203, and 4301-4305 of
the Senate amendment, and modifications
committed to conference:
Nydia M. Velazquez,
Jason Altmire,
From the Committee on Transportation and
Infrastructure, for consideration of secs. 523
and 1048 of the House bill, and secs. 311-313,
353, 1070, 2853, 2855, 2863, 5101, 5202, and
5208 of the Senate amendment, and modifications
committed to conference:
Sam Graves,
From the Committee on Veterans Affairs, for
consideration of secs. 525, 1421, 1433, and
1453 of the House bill, and secs. 701, 710,
1084, 1611, 1612, 1621, 1626, 1634, 1641, 1654,
1662, and 1702-1712 of the Senate amendment,
and modifications committed to conference:
Bob Filner,
Mike Michaud,
Steve Buyer,
From the Committee on Ways and Means, for
consideration of sec. 536 of the Senate
amendment, and modifications committed to
conference:
Dave Camp,
Managers on the Part of the House.
Carl Levin,
Ted Kennedy,
J. Lieberman,
Jack Reed,
Daniel K. Akaka,
Bill Nelson,
Ben Nelson,
Evan Bayh,
Mark Pryor,
Jim Webb,
Claire McCaskill,
J. Warner,
James M. Inhofe,
Jeff Sessions,
Susan M. Collins,
Saxby Chambliss,
Lindsey Graham,
Elizabeth Dole,
John Cornyn,
Mel Martinez,
Managers on the Part of the Senate.
Joint Explanatory Statement of the Committee of Conference
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 1585), 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, submit the following joint
statement to the House and the Senate in explanation of the
effect of the action agreed upon by the managers and
recommended in the accompanying conference report:
The Senate amendment struck all of the House bill after
the enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment
of the Senate with an amendment that is a substitute for the
House bill and the Senate amendment. The differences between
the House bill, the Senate amendment, and the substitute agreed
to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clarifying
changes.
Summary Statement of Conference Actions
Explanation of funding summary
The President's February budget request for the national
defense function of the federal budget for fiscal year 2008 was
$505.4 billion for the base budget, excluding the costs of
operations in Iraq and Afghanistan, plus an additional $141.8
billion in emergency defense funding requested for those
operations and other costs, including some of the cost of the
administration's proposal to increase the size of the Army and
the Marine Corps. The combined total requested by the President
for the national defense budget function was $647.2 billion.
According to the estimating procedures used by the
Congressional Budget Office (CBO), the amount requested for the
base budget was $507.0 billion, and the total amount requested,
including the emergency war-related funding, was $648.8
billion.
The primary discrepancy between the administration and
CBO estimates related to assumed savings in the Defense Health
program (DHP) account. The funding summary table that follows
uses the budget authority levels as calculated by CBO, both for
the DHP and the bill as a whole.
After the House and Senate bills had been reported, and
the Concurrent Resolution on the Budget for Fiscal Year 2008
(S. Con. Res. 21) had been adopted by the Senate and the House
of Representatives on May 17, 2007, the President submitted two
additional budget amendments. On July 31, 2007, the President
requested an additional $5.3 billion for Mine-Resistant Ambush
Protected (MRAP) vehicles. On October 22, 2007, the President
requested an additional $42.3 billion for operations in Iraq
and Afghanistan and for other purposes (including base
closure), bringing the total requested for war-related purposes
for fiscal year 2008 to $189.3 billion and the total requested
for the entire national defense budget function for both the
base budget and war-related funding to $696.3 billion.
The following table summarizes both the direct
authorizations and equivalent budget authority levels for
fiscal year 2008 defense programs. The columns relating to the
authorization request do not include funding for items that are
not within the jurisdiction of this committee or that do not
require an annual authorization. The table also includes the
authorization for spending from the trust fund of the Armed
Forces Retirement Home, which is outside the national defense
budget function.
Funding for all programs in the national defense function
is reflected in the columns related to the budget authority
request and the total budget authority implication of the
authorizations in this bill. The conference agreement
authorizes the same total funding level of $696.4 billion
requested by the President including both budget amendments.
The funding level authorized in the conference agreement
is consistent with the budget authority level of $507.0 billion
for the national defense function (function 050) in the
Concurrent Resolution on the Budget for Fiscal Year 2008.
Because the conference agreement authorizes funding for
the July and October budget amendments, which were submitted
after the Concurrent Resolution on the Budget was adopted, the
total authorized to be appropriated in this Act exceeds the
amount included in that budget resolution for both operations
in Iraq and Afghanistan, and for national defense in total, by
the $47.7 billion requested in the July and October budget
amendments.
Funding requested and authorized for operations in Iraq
and Afghanistan is contained in title XV (for personnel,
operation and maintenance, procurement, and other costs
normally funded in Division A of this Act), in title XXIX of
Division B for military construction projects in Iraq or
Afghanistan, and in title XXXII of Division C for the
Department of Energy.
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Congressional Defense Committees
The term ``congressional defense committees'' is often
used in this statement of managers. It means the Defense
Authorization and Appropriations Committees of the Senate and
the House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Procurement Overview
The budget request for fiscal year 2008 included an
authorization of $101,660.1 million for procurement for the
Department of Defense.
The House bill would authorize $102,160.1 million.
The Senate amendment would authorize $109,811.7 million.
The conferees recommended an authorization of $99,269.0
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Budget Items
Aircraft Procurement, Army--Overview
The budget request for fiscal year 2008 included an
authorization of $4,179.8 million for Aircraft Procurement,
Army in the Department of Defense.
The House bill would authorize $3,928.1 million.
The Senate amendment would authorize $5,229.2 million.
The conferees recommended an authorization of $4,168.8
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Missile Procurement, Army--Overview
The budget request for fiscal year 2008 included an
authorization of $1,645.5 million for Missile Procurement, Army
in the Department of Defense.
The House bill would authorize $2,114.9 million.
The Senate amendment would authorize $2,178.1 million.
The conferees recommended an authorization of $1,912.0
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Procurement of Weapons and Tracked Combat Vehicles, Army--Overview
The budget request for fiscal year 2008 included an
authorization of $3,090.0 million for Procurement of Weapons
and Tracked Combat Vehicles, Army in the Department of Defense.
The House bill would authorize $3,311.1 million.
The Senate amendment would authorize $7,546.7 million.
The conferees recommended an authorization of $3,007.5
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Procurement of Ammunition, Army--Overview
The budget request for fiscal year 2008 included an
authorization of $2,190.6 million for Procurement of
Ammunition, Army in the Department of Defense.
The House bill would authorize $2,238.2 million.
The Senate amendment would authorize $2,229.0 million.
The conferees recommended an authorization of $2,214.6
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Other Procurement, Army--Overview
The budget request for fiscal year 2008 included an
authorization of $12,647.1 million for Other Procurement, Army
in the Department of Defense.
The House bill would authorize $11,455.5 million.
The Senate amendment would authorize $14,983.9 million.
The conferees recommended an authorization of $12,451.3
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Aircraft Procurement, Navy--Overview
The budget request for fiscal year 2008 included an
authorization of $12,747.8 million for Aircraft Procurement,
Navy in the Department of Defense.
The House bill would authorize $12,750.8 million.
The Senate amendment would authorize $13,475.1 million.
The conferees recommended an authorization of $12,432.6
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Weapons Procurement, Navy--Overview
The budget request for fiscal year 2008 included an
authorization of $3,084.4 million for Weapons Procurement, Navy
in the Department of Defense.
The House bill would authorize $3,058.4 million.
The Senate amendment would authorize $3,078.4 million.
The conferees recommended an authorization of $3,068.2
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Procurement of Ammunition, Navy and Marine Corps--Overview
The budget request for fiscal year 2008 included an
authorization of $760.5 million for Procurement of Ammunition,
Navy and Marine Corps in the Department of Defense.
The House bill would authorize $1,060.5 million.
The Senate amendment would authorize $926.6 million.
The conferees recommended an authorization of $1,058.8
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Shipbuilding and Conversion, Navy--Overview
The budget request for fiscal year 2008 included an
authorization of $13,656.1 million for Shipbuilding and
Conversion, Navy in the Department of Defense.
The House bill would authorize $15,744.1 million.
The Senate amendment would authorize $13,605.6 million.
The conferees recommended an authorization of $13,596.1
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Other Procurement, Navy--Overview
The budget request for fiscal year 2008 included an
authorization of $5,470.4 million for Other Procurement, Navy
in the Department of Defense.
The House bill would authorize $5,443.6 million.
The Senate amendment would authorize $5,432.4 million.
The conferees recommended an authorization of $5,209.3
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Procurement, Marine Corps--Overview
The budget request for fiscal year 2008 included an
authorization of $2,999.1 million for Procurement, Marine Corps
in the Department of Defense.
The House bill would authorize $2,580.3 million.
The Senate amendment would authorize $2,699.1 million.
The conferees recommended an authorization of $2,299.4
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Aircraft Procurement, Air Force--Overview
The budget request for fiscal year 2008 included an
authorization of $12,393.3 million for Aircraft Procurement,
Air Force in the Department of Defense.
The House bill would authorize $12,356.3 million.
The Senate amendment would authorize $12,593.8 million.
The conferees recommended an authorization of $12,117.8
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Procurement of Ammunition, Air Force--Overview
The budget request for fiscal year 2008 included an
authorization of $868.9 million for Procurement of Ammunition,
Air Force in the Department of Defense.
The House bill would authorize $868.9 million.
The Senate amendment would authorize $868.9 million.
The conferees recommended an authorization of $854.2
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Missile Procurement, Air Force--Overview
The budget request for fiscal year 2008 included an
authorization of $5,131.0 million for Missile Procurement, Air
Force in the Department of Defense.
The House bill would authorize $5,138.0 million.
The Senate amendment would authorize $5,166.0 million.
The conferees recommended an authorization of $4,984.1
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Advanced extremely high frequency satellite
The budget request included $700,000 in Missile
Procurement, Air Force (MPAF line 13) for the advanced
extremely high frequency satellite system (AEHF).
The House bill would authorize an increase of $100.0
million.
The Senate amendment would authorize an increase of
$125.0 million.
The conferees agree to authorize $125.0 million for
advanced procurement for the fourth AEHF satellite. The
conferees continue to be concerned about a potential gap in
protected communications.
Other Procurement, Air Force--Overview
The budget request for fiscal year 2008 included an
authorization of $15,421.2 million for Other Procurement, Air
Force in the Department of Defense.
The House bill would authorize $15,441.8 million.
The Senate amendment would authorize $16,313.0 million.
The conferees recommended an authorization of $15,405.8
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Procurement, Defense-wide--Overview
The budget request for fiscal year 2008 included an
authorization of $3,318.8 million for Procurement, Defense-wide
in the Department of Defense.
The House bill would authorize $3,537.8 million.
The Senate amendment would authorize $3,386.0 million.
The conferees recommended an authorization of $3,280.4
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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National Guard and Reserve Equipment--Overview
The budget request for fiscal year 2008 included an
authorization request for National Guard and Reserve Equipment
in the Department of Defense.
The House bill would authorize $1,131.9 million for
National Guard and Reserve Equipment.
The Senate amendment would provide no authorization for
National Guard and Reserve Equipment.
The conferees recommend an authorization of $980.0
million for National Guard and Reserve Equipment. Unless noted
explicitly in the statement of managers, all changes are made
without prejudice.
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Item of Special Interest
Unmanned aerial systems management
The report accompanying the Senate amendment (S. Rept.
110-77) would direct the Air Force to shift its procurement of
MQ-1 Predator aircraft to the MQ-1C version of Predator in
fiscal year 2008, if possible. The Senate report also would
provide direction regarding the Air Force proposal to assume
executive agency for medium- and high-altitude unmanned aerial
systems (UAS).
Shortly before conference, the Department of Defense
(DOD) completed action on this Air Force proposal and presented
its plans for UAS management to Congress. The conferees do not
take issue with the management plan per se, but are very
concerned about serious bottlenecks to meeting urgent needs for
more UAS that are able to meet the needs of ground commanders.
The Air Force is fielding 21 orbits of Predators as
rapidly as it can. However, the limiting factor for expanding
Predator operations is the number of trained system operators.
Two factors cause this bottleneck: (1) the time required to
train new rated pilots before they learn to fly UAS; and (2)
the current limitations on flight operations of UAS in national
airspace, especially at night.
Section 1044(b) of the John Warner National Defense
Authorization Act for Fiscal year 2007 (Public Law 109-364)
required the Secretary of Defense and the Administrator of the
Federal Aviation Administration (FAA) to each submit a report
on achieving wider access to the National Airspace System (NAS)
for DOD UAS.
The FAA report has yet to be provided.
The Secretary of Defense recently delivered his report,
which included the dire warning that the DOD-FAA schedule for
developing standards and expanding UAS access to the NAS does
not support DOD operational requirements. Negotiations between
DOD and the FAA are reportedly not making progress.
The conferees understand that many ground force
operations require UAS imagery in real-time. Ground force
commanders find the delay in receiving intelligence information
unacceptable when the raw data is transmitted via satellite to
remote operating locations, processed and forwarded to the
ground commanders' forces. This drives ground force operators
to acquire manned aircraft solutions when a possible simple
design change to UAS would suffice.
Finally, the conferees note that while UAS systems like
the Predator are being fielded to provide support to the Army
and Marine Corps ground forces, these armed forces are not
currently training together.
The conferees direct the Secretary of Defense to report
to the congressional defense and intelligence committees by
February 15, 2008, on the actions he proposes to take to
address these issues. The conferees request that this report
include solutions to the backlog of UAS pilot training
(including alternatives to using fully-rated pilots for UAS),
an assessment of the status of negotiations with the FAA
regarding UAS use of national airspace, and the way in which
the Department's new UAS Task Force will alleviate similar
issues in the future.
Subtitle A--Authorization of Appropriations
Authorization of appropriations (secs. 101-105)
The House bill contained provisions (secs. 101-105) that
would authorize the recommended fiscal year 2008 funding levels
for procurement for the Army, Navy, Marine Corps, Air Force,
Defense-wide activities, and National Guard and reserve
equipment.
The Senate amendment contained provisions (secs. 101-105)
that would authorize the recommended fiscal year 2008 funding
levels for procurement for the Army, Navy, Marine Corps, Air
Force, Defense-wide activities, and Rapid Acquisition Fund.
The Senate recedes.
Subtitle B--Army Programs
Multiyear procurement authority for M1A2 Abrams System Enhancement
Package upgrades (sec. 111)
The House bill contained a provision (sec. 111) that
would authorize the Secretary of the Army to enter into a
multiyear contract for procurement of M1A2 Abrams System
Enhancement Package upgrades.
The Senate amendment contained a provision (sec. 111)
that would do the same.
The House recedes.
Multiyear procurement authority for M2A3/M3A3 Bradley fighting vehicle
upgrades (sec. 112)
The House bill contained a provision (sec. 112) that
would authorize the Secretary of the Army to enter into a
multiyear contract for procurement of M2A3/M3A3 Bradley
fighting vehicle upgrades.
The Senate amendment contained a provision (sec. 112)
that would do the same.
The House recedes.
Multiyear procurement authority for conversion of CH-47D helicopters to
CH-47F configuration (sec. 113)
The House bill contained a provision (sec. 113) that
would authorize the Secretary of the Army to enter into a
multiyear contract for conversion of CH-47D helicopters to the
CH-47F configuration.
The Senate amendment contained no similar provision.
The Senate recedes.
Multiyear procurement authority for CH-47F helicopters (sec. 114)
The House bill contained a provision (sec. 114) that
would authorize the Secretary of the Army to enter into a
multiyear contract for procurement of CH-47F helicopters.
The Senate amendment contained no similar provision.
The Senate recedes.
Limitation on use of funds for Increment 1 of the Warfighter
Information Network-Tactical program pending certification to
Congress (sec. 115)
The House bill contained a provision (sec. 115) that
would limit the funds for the Joint Network Node program
pending a certification to Congress.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Prohibition on closure of Army Tactical Missile System production line
pending report (sec. 116)
The House bill contained a provision (sec. 116) that
would prohibit the Army from commencing, continuing, or
completing the closure of the Army Tactical Missile System
(ATACMS) production line until at least 120 days after
submission of a report that contains the Secretary of the
Army's certification that the long-range surface-to-surface and
counter-battery mission of the Army can be adequately performed
by other elements of the armed forces, a plan to mitigate any
shortfalls in the industrial base that would be created by the
closure, and a plan to replace the Army's capability to perform
long-range surface-to-surface strike and counter-battery
missions.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would only
prohibit the closure of the ATACMS production line until after
submission of the report containing the Secretary of the Army's
certification. Further, the amendment would delete the report
requirement for a plan to replace the Army's capability to
perform long-range surface-to-surface strike and counter-
battery missions.
Stryker Mobile Gun System (sec. 117)
The Senate amendment contained a provision (sec. 113)
that would prohibit the obligation or expenditure of funds for
the procurement of the Stryker Mobile Gun System until 30 days
after 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.
The House bill contained no similar provision.
The House recedes.
Subtitle C--Navy Programs
Multiyear procurement authority for Virginia-class submarine program
(sec. 121)
The House bill contained a provision (sec. 122) that
would authorize the Secretary of the Navy to enter into a
multiyear contract for procuring Virginia-class submarines.
The Senate amendment contained a similar provision (sec.
131) that would authorize the Secretary of the Navy to enter
into more than one contract for the same purpose.
The House recedes with a clarifying amendment.
Report on shipbuilding investment strategy (sec. 122)
The House bill contained a provision (sec. 125) that
would permit the Secretary of the Navy to carry out a program
providing capital expenditure incentives for contractors in the
shipbuilding industry. The program would be funded from amounts
made available for shipbuilding procurement.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of the Navy to provide for a study to determine
the effectiveness of current financing mechanisms for
shipbuilding capital expenditures, and to assess capital
expenditure incentives that would lead to ship construction or
life cycle savings to the Federal Government. The amendment
would require a report on the results of the study to be
submitted not later than October 1, 2008. The amendment would
not authorize a new incentive program.
The conferees understand that the Navy's utilization of
capital expenditure incentives on individual shipbuilding
contracts has shown early progress in improving efficiency and
productivity, which has tended to benefit multiple shipbuilding
contracts at the same facility. The conferees encourage the
Secretary to evaluate further concepts for capital expenditures
that would provide high return on investment, facility-wide and
industry-wide, and to identify in this report any specific
authorities which would have to be authorized by Congress for
the Secretary to implement such concepts. The conferees note
the success achieved by the National Shipbuilding Research
Program in providing industry-wide productivity improvements,
and strongly encourage the Navy to leverage further
opportunities available through this program.
Sense of Congress on the preservation of a skilled United States
shipyard workforce (sec. 123)
The House bill contained a provision (sec. 126) that
would prohibit the use of Shipbuilding and Conversion, Navy,
funds for the purpose of construction of a Navy vessel at a
construction facility where the contractor employs or contracts
for foreign workers who are legally present in the United
States under the H-2B visa program. The provision would allow
for an exception to the prohibition, if the Secretary of the
Navy were to identify potential surplus shipyard labor in all
geographical areas, and if the hiring shipyard were to have
shown an attempt to recruit such labor before hiring H-2B visa
workers.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of the Navy, in consultation with the Department
of Labor, to provide a one-time report identifying the average
number of H-2B visa workers employed by the major shipbuilders
in the construction of United States Navy ships during calendar
year 2007, and the number of H-2B visa workers petitioned by
the major shipbuilders for calendar year 2008, as of the first
quarter of 2008.
Assessments required prior to start of construction on first ship of a
shipbuilding program (sec. 124)
The House bill contained a provision (sec. 127) that
would require the Secretary of the Navy to certify to the
congressional defense committees that ship design, development,
and contractor preparedness are mature prior to the start of
construction of the first ship in a new class of vessels, the
first ship to be built at a shipyard, or the first vessel after
a major design change.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary to submit a report to the congressional defense
committees on the results of any production readiness review
conducted in conjunction with approval of start of construction
of the first ship for any major shipbuilding program, and to
certify to the congressional defense committees that the
findings of such review support commencement of construction.
Littoral Combat Ship (LCS) program (sec. 125)
The Senate amendment contained a provision (sec. 132)
that would limit the total amount to be obligated or expended
for the procurement costs of the fifth and sixth vessels in the
Littoral Combat Ship (LCS) class of vessels to $460.0 million
per vessel. The provision would require that the Navy employ a
fixed-price type contract for construction of the fifth and
follow ships of the Littoral Combat Ship class of vessels, and
would restrict the Navy from entering into, or modifying, such
contract if the limitation of the government's cost liability,
when added to the sum of other budgeted procurement costs,
would exceed $460.0 million per vessel. The provision would
also define procurement costs to include all costs for plans,
basic construction, change orders, electronics, ordnance,
contractor support, and other costs associated with completion
of production drawings, ship construction, test, and delivery,
including work performed post-delivery that is required to meet
original contract requirements.
The House bill contained no similar provision.
The House recedes with an amendment that would extend the
limitation of cost to Littoral Combat Ships authorized and
appropriated in fiscal year 2008 or subsequent fiscal years.
Subtitle D--Air Force Programs
Limitation on Joint Cargo Aircraft (sec. 131)
The House bill contained a provision (sec. 132) that
would prohibit the Secretary of the Air Force or the Secretary
of the Army from obligating or expending authorized
appropriations for the development or procurement of the Joint
Cargo Aircraft until 30 days after the Secretary of Defense
submits to the congressional defense committees the Air Force
Air Mobility Command's Airlift Mobility Roadmap; the Department
of Defense Intra-Theater Airlift Capabilities Study; the
Department of Defense Joint Intra-Theater Distribution
Assessment of the Joint Cargo Aircraft Functional Area Series
Analysis; the Joint Cargo Aircraft Analysis of Alternatives;
and the Secretary of Defense certifies that validated
operational requirements exist to fill a Department of the
Army, Department of the Air Force, Army National Guard, or Air
National Guard capability gap or shortfall for intra-theater
airlift with the Joint Cargo Aircraft.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would add the
Intra-Theater Airlift Fleet Mix Analysis to the required set of
studies that the Department must deliver.
Clarification of limitation on retirement of U-2 aircraft (sec. 132)
The House bill contained a provision (sec. 133) that
would modify section 133(b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364) to
clarify limitations on retirement of U-2 aircraft.
The Senate amendment contained no similar provision.
The Senate recedes.
Repeal of requirement to maintain retired C-130E tactical aircraft
(sec. 133)
The House bill contained a provision (sec. 134) that
would repeal section 137(b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364).
Section 137(b) requires that the Secretary of the Air Force
maintain any C-130E aircraft retired after September 30, 2006
in a condition that would allow recall of that aircraft to
future service. The Air Force refers to this status as ``Type-
1000 storage''.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would allow the
Secretary of the Air Force to remove these retired C-130
aircraft from Type-1000 storage if he:
(1) submits the Fleet Mix Analysis Study to the
congressional defense committees; and
(2) waits for a period of 30 days.
Limitation on retirement of C-130E/H tactical airlift aircraft (sec.
134)
The Senate amendment contained a provision (sec. 141)
that would: (1) prevent the Secretary of the Air Force from
retiring any C-130E/H aircraft during fiscal year 2008; and (2)
require that he maintain any C-130E aircraft retired after
September 30, 2006 in a condition that would allow recall of
that aircraft to future service. The Air Force refers to this
status as ``Type-1000 storage''.
The House bill contained no similar provision.
The House recedes with an amendment that would allow the
Secretary of the Air Force to retire up to 24 C-130E/H aircraft
during fiscal year 2008 if he:
(1) maintains any aircraft retired under this
provision in Type-1000 storage;
(2) submits the Fleet Mix Analysis Study to the
congressional defense committees; and
(3) waits for a period of 30 days.
Limitation on retirement of KC-135E aerial refueling aircraft (sec.
135)
The Senate amendment contained a provision (sec. 142)
that would prohibit the Secretary of the Air Force from
retiring any KC-135 aerial refueling aircraft during fiscal
year 2008 unless the Air Force provides the congressional
defense committees with a request to retire KC-135E aircraft
during fiscal year 2008 in accordance with established
procedures similar to those used for prior approval
reprogramming requests.
The House bill contained no similar provision.
The House recedes with an amendment that would allow the
Secretary of the Air Force to retire up to 48 KC-135E aircraft
in fiscal year 2008. The Secretary would not be allowed to
retire any additional KC-135E until the Secretary certifies to
the congressional defense committees that:
(1) the Air Force has awarded the KC(X) contract;
(2) any bid protest arising from the award of the
KC(X) contract have been adjudicated by the Government
Accountability Office (GAO); and
(3) the Air Force has responded to GAO
determinations arising from any such bid protest.
Transfer to Government of Iraq of three C-130E tactical airlift
aircraft (sec. 136)
The Senate amendment contained a provision (sec. 144)
that would permit the Secretary of the Air Force to transfer up
to three C-130E aircraft to the Government of Iraq from among
aircraft that the Air Force had retired during fiscal year
2007.
The House bill contained no similar provision.
The House recedes.
The conferees note that, under the conditions of transfer
of surplus property, neither the Air Force nor the U.S.
Government will retain any responsibility for maintenance of
these aircraft.
Modification of limitations on retirement of B-52 bomber aircraft (sec.
137)
The Senate amendment contained a provision (sec. 145)
that would amend section 131 of the John Warner National
Defense Authorization Act for Fiscal 2007 (Public Law 109-364)
to direct the Secretary of the Air Force to maintain a primary
aircraft inventory of not less than 63 B-52 bomber aircraft in
a common configuration and backup aircraft inventory of not
less than 11 B-52 bomber aircraft. The provision would also
extend to 60 days the period of time in which the Secretary
cannot retire B-52 bomber aircraft following submission of the
report required by section 131.
The House bill contained no similar provision.
The House recedes with an amendment that would direct the
Secretary of the Air Force to retain an attrition reserve of
not less than two B-52 bomber aircraft and prohibit any of the
76 B-52 bomber aircraft from being put into a storage status or
in a status considered excess to the requirements of the
possessing command and awaiting disposition instructions. The
provision would also allow the Secretary of the Air Force to
use two retired B-52 bomber aircraft for maintenance ground
training. In addition, the amendment would define the terms
used to describe the aircraft status categories.
The conferees believe that a B-52 total aircraft
inventory of less than 76 aircraft is not sufficient to meet
combatant commander requirements for conventional, long-range
strike requirements if the need should arise to conduct near
simultaneous operations in two major regional conflicts. The
conferees strongly discourage the Secretary of the Air Force
from taking action to reduce the B-52 aircraft inventory below
76 total aircraft prior to the next generation bomber reaching
initial operational capability status and strongly oppose a
strategy that reduces current conventional long-range strike
capability.
Legislative Provisions Not Adopted
Advance procurement for Virginia class submarine program
The Senate amendment contained a provision (sec. 133)
that would authorize $400.0 million for procurement of a second
ship set of reactor components, and $70.0 million for advance
procurement of non-nuclear long lead time material in order to
support a reduced construction span time for the boats in the
next multiyear procurement program.
The House bill contained no similar provision.
The Senate recedes.
The conference outcome is reflected in the tables of this
report in Shipbuilding and Conversion, Navy (SCN), line number
4.
The National Defense Authorization Acts for Fiscal Years
1998 and 2004 (Public Law 105-85 and Public Law 108-136,
respectively) authorized the Secretary of the Navy to enter
into a contract for procurement of New Attack Submarines
provided that the prime contractor, which was selected to be
General Dynamics, entered into one or more subcontracts with
the subcontractor, which is Northrop Grumman, for submarine
construction as contemplated in the New Attack Submarine Team
Agreement.
The Secretary of the Navy has advised the committee that
the teaming arrangement has worked well for the Navy in the
highly unique circumstance of submarine construction and has
proven to be the most practical manner of maintaining two
viable sources for building nuclear powered submarines in this
low-rate production environment. The committee understands that
the Navy intends to continue to support teaming by General
Dynamics and Northrop Grumman for the 2009 Virginia class
submarine multiyear procurement contract.
Authority to transfer funds for submarine engineered refueling
overhauls and conversions and for aircraft carrier refueling
complex overhauls
The House bill contained a provision (sec. 121) that
would authorize the Secretary of Defense to transfer to the
Shipbuilding and Conversion, Navy account, from funds available
in fiscal year 2008 or after, such funds as may be necessary to
cover increased costs of submarine engineered refueling
overhauls and conversions or aircraft carrier refueling complex
overhauls.
The Senate amendment contained no similar provision.
The House recedes.
Consolidation of Joint Network Node program and Warfighter Information
Network-Tactical program into single Army tactical network
program
The Senate amendment contained a provision (sec. 114)
that would require the Secretary of the Army to consolidate the
Joint Network Node (JNN) program and the Warfighter Information
Network-Tactical (WIN-T) program into one tactical network
program.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that subsequent to the Committee on
Armed Services of the Senate's mark-up of the National Defense
Authorization Act for Fiscal Year 2008, the Under Secretary of
Defense for Acquisition, Technology, and Logistics certified a
restructured WIN-T program consisting of four distinct
increments that provide increasing capability. The first
increment of the new program consolidated the JNN program into
the WIN-T program, as prescribed by the Senate bill.
General fund enterprise business system
The Senate amendment contained a provision (sec. 115)
that would reallocate funding in the bill for the General Fund
Enterprise Business System program from the procurement and
operation and maintenance accounts to the research and
development account to reflect changes in the program schedule.
The House bill contained no similar provision.
The Senate recedes.
The conference outcome is reflected in the tables of this
report.
Limitation on final assembly of VH-71 presidential transport
helicopters
The House bill contained a provision (sec. 123) that
would prevent any obligation or expenditure of funds from
Aircraft Procurement, Navy for final assembly of more than five
VH-71 presidential transport helicopters, unless final assembly
of those helicopters would be carried out in the United States.
The Senate amendment contained no similar provision.
The House recedes.
The conferees support the current program of record, in
which the Navy intends to assemble no more than five VH-71
presidential helicopters outside the United States.
The conferees direct that, before making any decision to
change the location of final assembly for helicopters beyond
the first five in the VH-71 acquisition strategy, the Secretary
of Defense provide at least a 60-day notice to the
congressional defense committees before implementing any such
change. The conferees expect that the current acquisition
strategy program of record will remain in place absent an
extraordinary circumstance.
Limitation on retiring C-5 aircraft
The House bill contained a provision (sec. 131) that
would allow the Secretary of the Air Force to retire C-5A
aircraft from the inventory and replace that capability with C-
17 aircraft if a cost analysis were to show that this would be
a prudent alternative in meeting strategic airlift requirements
and would not significantly increase costs above those already
planned in the out-years. The provision would also repeal
section 132 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136), which prevents retiring
any C-5A until testing of a C-5A aircraft with the reliability
enhancement and re-engining program (RERP) modification is
complete.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Air Force to identify options
for accelerating the completion of C-5 RERP operational
testing, including rephasing the program depot maintenance
availability, that would:
(1) complete all required testing objectives;
(2) cut no corners regarding aircraft or aircrew
safety; and
(3) result in accelerating the completion of
operational testing and producing the required reports
from that testing.
The conferees also direct the Secretary of Defense to
task the Institute for Defense Analyses (IDA) to perform an
objectivity/sufficiency review and net present value analysis
of the RERP service cost position of the Air Force submitted to
the Department of Defense pursuant to the Nunn-McCurdy breach
notification, the most recent cost estimate provided to the Air
Force by the RERP prime contractor, and the cost estimate of
the Cost Analysis Improvement Group used during the Nunn-
McCurdy breach review and certification process. The conferees
direct that the Secretary forward the results of that IDA
review to the congressional defense committees not later than
March 1, 2008.
Responsibility of the Air Force for fixed-wing support of Army intra-
theater logistics
The Senate amendment contained a provision (sec. 1030)
that would require the Secretary of Defense, acting through the
Chairman of the Joint Chiefs of Staff, to prescribe directives
or instructions to provide that the Air Force would be
responsible for the missions and functions of fixed-wing
support for Army intra-theater logistics.
The House bill contained no similar provision.
The Senate recedes.
The conferees agree that no one should interpret this
action as the conferees having made a judgment as to which
military service should operate the Joint Cargo Aircraft or
provide intra-theater airlift capability to Joint Force
commanders. The conferees expect to make such a decision after
reviewing the results of the quadrennial roles and missions
report by the Secretary of Defense directed in title IX of this
Act (sec. 941). The conferees expect that the mission of
providing fixed-wing airlift support for intra-theater
logistics will be specifically addressed in the report to
determine the appropriate allocation of the Joint Cargo
Aircraft platform.
The conferees understand that it is the Department's
intent, irrespective of any decision on roles and missions,
that authority for operational control and tasking of fixed-
wing intra-theater airlift that is allocated or apportioned to
support a regional combatant commander will reside with the
respective Joint Force Air Component Commander or Combined
Forces Air Component Commander to best support military
operations.
Sense of Congress on rapid fielding of Associate Intermodal Platform
system and other innovative logistics systems
The Senate amendment contained a provision (sec. 147)
that would express the sense of Congress that the Department of
Defense should: (1) rapidly field innovative logistics systems
such as the Associate Intermodal Platform system (AIPS); and
(2) seek to fully procure such innovative logistics systems in
the future.
The House bill contained no similar provision.
The Senate recedes.
The conferees understand that the U.S. Transportation
Command and the Air Mobility Command have been evaluating the
AIPS and a number of other innovative logistics systems to
reduce operating and support costs and increase capability. The
conferees agree that the Department should continue these
reviews and provide funding in future budgets for programs that
show promise in these evaluations.
Sense of Congress on the Air Force strategy for the replacement of the
aerial refueling tanker aircraft fleet
The Senate amendment contained two provisions (secs. 143
and 146) that would express the sense of Congress on the Air
Force strategy for the replacement of the aerial refueling
tanker aircraft fleet. The new tanker has been called the
``KC(X)''.
(1) Section 143 would state the sense of Congress
that the Air Force should hold a full and open
competition for KC(X) and should take no action to
limit the ability of the teams seeking the contract
from competing for the KC(X) contract.
(2) Section 146 would state the sense of Congress
that tanker modernization is a vital national priority
and that Congress supported the Air Force strategy of
buying new tankers, upgrading and maintaining the
remaining fleet of tankers, and augmenting capability
with aerial refueling fee-for-service.
The House bill contained no similar provision.
The Senate recedes.
The conferees have included statement of managers
language in title X of this Act expressing the views of the
conferees on the multifaceted Air Force strategy to
recapitalize and augment the aerial refueling aircraft fleet.
Sense of Congress regarding need to replace Army M109 155mm self-
propelled howitzer
The House bill contained a provision (sec. 1052)
expressing the sense of Congress that the Army has not been
timely in procuring a replacement for the M109 self-propelled
howitzer and that the Army should transition to the Non-Line-
of-Sight Cannon (NLOS-C) as that replacement.
The Senate amendment contained no similar provision.
The House recedes.
The conferees reiterate congressional intent that the
first Future Combat Systems (FCS) manned ground vehicle fielded
be the NLOS-C. However, currently fielded armored vehicles,
including the M109 self-propelled howitzer, will have to be
maintained and sustained for the foreseeable future in those
Army and Army National Guard heavy brigade combat teams which
will not transition to the FCS structure. In that regard the
conferees support the Army's M109 Paladin Integrated Management
upgrade program.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Budget Items
Research, Development, Test, and Evaluation overview
The budget request included $75,117.2 million in
Research, Development, Test and Evaluation for the Department
of Defense.
The House bill would authorize $73,476.3 million.
The Senate amendment would authorize $74,718.1 million.
The conferees agree to authorize $73,727.5 million.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
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ARMY
Research, Development, Test, and Evaluation, Army overview
The budget request included $10,589.6 million in
Research, Development, Test, and Evaluation, Army for the
Department of Defense.
The House bill would authorize $10,057.5 million.
The Senate amendment would authorize $11,328.0 million.
The conferees agree to authorize $10,840.4 million.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
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Wide-area persistent surveillance
The budget request included a classified amount in
PE35206A for improvements to the Constant Hawk persistent
surveillance system.
The House bill would approve the requested amount.
The Senate amendment would authorize an additional $30.0
million to accelerate and broaden the scope of the Constant
Hawk system.
The conferees agree to authorize the requested amount.
The current deployment of the Army's Constant Hawk system
has proven the importance of large-area persistent surveillance
in the campaign against improvised explosive device (IED)
networks in Iraq. However, the coverage area is limited, and
the platform's endurance is also limited. The system is
designed to provide support only to the forensic analysis
mission.
The Marine Corps is fielding a similar capability called
Angel Fire. Angel Fire is designed to provide real-time support
to ground force operations with improved sensor resolution. The
conferees agree that while these two systems should eventually
be merged into a single program with improved capabilities,
this merger must not hinder current efforts to complete the
fielding of either the Constant Hawk or Angel Fire systems. The
conferees also urge the Army and Marine Corps to commit to
integrating these systems in accordance with the equipment and
procedures required by Task Force ODIN, and Army and Marine
Corps ground forces. This merger should be accomplished as soon
as practicable.
The conferees direct the Secretary of Defense to provide
a conceptual plan for merger of the Constant Hawk and Angel
Fire programs, which must include an assessment of the
intelligence, surveillance, and reconnaissance (ISR) impacts of
such a merger. The conferees also direct the Secretaries of the
Army and Navy to provide program management plans for the
Constant Hawk and Angel Fire programs, including respective
budget detail to the congressional defense and intelligence
committees within 60 days of enactment of this Act. The
conferees also direct the Secretary of Defense to provide a
study of future improvements to wide-area persistent
surveillance, including: an assessment of sensor technology
capabilities and limitations; an analysis of the most suitable
sensor platforms; an evaluation of the best system architecture
for collecting, sharing, and analyzing sensor data; and
analysis of the optimum use of wide-area surveillance for
defeating IED and other asymmetric threat networks. The results
of this study should be provided to the congressional defense
and intelligence committees within 180 days of enactment of
this Act.
NAVY
Research, Development, Test, and Evaluation, Navy overview
The budget request included $17,075.5 million in
Research, Development, Test, and Evaluation, Navy for the
Department of Defense.
The House bill would authorize $17,323.6 million.
The Senate amendment would authorize $16,296.4 million.
The conferees agree to authorize $16,980.7 million.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
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Threat D
The budget request included $32.4 million in PE64258N for
target systems development.
The House bill would authorize $42.4 million, an increase
of $10.0 million, for a Threat D advanced cruise missile target
systems development.
The Senate amendment would authorize the budget request.
The conferees agree to authorize $32.4 million in
PE64258N for target systems development.
The conferees are concerned about the limited effort that
the Navy has undertaken in developing test resources that can
adequately simulate emerging advanced cruise missile threats to
Navy platforms. The conferees are aware that the lack of this
test capability has been raised specifically by the Director of
Operational Test and Evaluation as potentially impacting the
operational testing of a number of major Navy acquisition
programs. The conferees encourage the Department of Defense to
program for adequate resources to ensure that such cruise
missile threats can be adequately simulated in a timely manner,
in order to avoid disruption to the operational test and
evaluation of major systems and to ensure that such systems are
operationally suitable and effective at the time of deployment.
AIR FORCE
Research, Development, Test, and Evaluation, Air Force overview
The budget request included $26,711.9 million in
Research, Development, Test, and Evaluation, Air Force for the
Department of Defense.
The House bill would authorize $25,739.0 million.
The Senate amendment would authorize $25,582.0 million.
The conferees agree to authorize $25,692.5 million.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
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Global positioning system III
The budget request included $587.2 million for global
positioning system III (GPS III).
The House bill would authorize $437.2 million in PE63421F
for GPS III.
The Senate amendment would authorize $587.2 million, the
amount of the budget request.
The conferees agree to authorize $487.2 million, a
reduction of $100.0 million below the budget request.
The conferees fully support the need for the GPS III
program. There are indications, however, that challenges
between the development and acquisition plans for space
vehicles, ground systems, and user equipment may be increasing.
The conferees are concerned that GPS III space systems may be
ahead of the development and acquisition plans for ground
systems and user equipment. To avoid this potential disconnect
the conferees urge the Department of Defense (DOD) and the Air
Force to request adequate funding to keep the ground
operational control systems and space segments fully
synchronized and to support timely development and fielding of
the user equipment.
The block approach adopted by the GPS III program office
is a good step toward reducing technical risks and ensuring
that the program stays on budget and schedule. However, the
conferees are concerned that capabilities like spot-beams and
cross-links may not be properly phased to support the
warfighter requirements or may no longer be required. The
conferees urge the DOD and the Secretary of the Air Force to
examine the GPS acquisition strategy and warfighter
requirements to determine the appropriate next-generation
capabilities to include in each subsequent block to meet user
needs, while maintaining schedule, cost, and appropriate level
of technical risk.
The GPS satellite constellation provides accurate
position, navigation, and timing (PNT) to support military,
civil, and commercial activities and enterprises throughout the
United States and the world. The conferees note the budget
request included funds for other PNT capabilities and
augmentations such as the GPS extension program, commonly known
as iGPS. The conferees are concerned that these investment
decisions are being made without an integrated PNT
architecture. The conferees direct the DOD, as one of the co-
chairs of the PNT Executive Committee, to submit a report to
the congressional defense committees that includes future PNT-
related investments for the next 5 years and an integrated PNT
architecture plan. The report should be submitted within 6
months from the date of enactment of this Act.
Transformational communication satellite system
The budget request included $964.0 million in PE63845F
for the transformational communication satellite system (TSAT).
The House bill would authorize the budget request.
The Senate amendment would authorize the budget request.
The conferees agree to authorize $814.0 million in
PE63845F for the TSAT, a reduction of $150.0 million below the
budget request. The conferees fully support the TSAT program
and have made this reduction with no prejudice to the program.
Space Radar
The budget request included funds for the Space Radar
program, but the amount requested is classified.
The House bill would authorize $30.0 million below the
requested amount in a classified line item for Space Radar.
The Senate amendment would authorize $20.0 million in a
classified line item and would authorize $80.0 million in
PE63858F for a Space Radar technology study.
The conferees agree to authorize funding for Space Radar
capabilities in a classified line item.
The conferees continue to support space-based radar
capabilities to meet both warfighter and intelligence community
requirements. However, the conferees remain concerned about the
overall approach to radar capabilities in space and, in
particular, about the Space Radar program of record. These
concerns include requirements scope, technology risk, the
acquisition plan, and the affordability of a space radar
program. The conferees continue to strongly support a joint
program and a joint approach to requirements development,
concept of operations, and tasking, processing, and
exploitation regimes.
The conferees are aware of several alternative space-
based radar concepts that have been proposed over the past year
that could lower technical risk and development costs. In
addition, the administration has recently proposed a new,
incremental acquisition strategy for the Space Radar program
designed to reduce program risk. As a result of these
developments, the conferees direct the Secretary of Defense and
the Director of National Intelligence to prepare a plan for the
analysis of space-based radar alternatives and a plan for
expenditure of funds for fiscal year 2008. Of the amount
authorized by the conferees for fiscal year 2008, only $40.0
million shall be available for expenditure until 30 days after
the submission of this plan for an analysis of alternatives.
The plan for an analysis of alternatives should bound the
options related to space-based radar technology and system
alternatives. It must consider all programs and activities (at
all levels of classification) that can contribute to the
missions that space-based radar systems would support. Once the
options are bounded, the plan should outline a strategy for
evaluating the space-based radar options. The plan should
describe how the Department of Defense proposes to allocate the
remaining fiscal year 2008 funding to achieve the objectives
described below and to support any other space-based radar
related activities. The plan for an analysis of alternatives
should be submitted to the congressional defense and
intelligence committees by March 1, 2008.
The plan for an analysis of space-based radar
alternatives should be a roadmap for evaluating the options for
space and ground segments. The conferees expect the plan to
identify the schedule and resources necessary to evaluate: the
maturity of the various radar technologies and design concepts;
system and architecture performance; requirements; technology
producibility; industry capacity; cost and risk estimates for
the proposed options; proposed acquisition plans; concepts of
operations; how other programs can be leveraged to meet
requirements; and any other matters identified by the Secretary
of Defense and the Director of National Intelligence.
The conferees expect that the Department will perform the
work outlined in the plan for an analysis of space-based radar
alternatives before establishing a new program baseline for
space radar capabilities and that no acquisition decision will
be made in fiscal year 2008.
Additional direction and information is contained in the
classified annex to this report.
Alternate infrared satellite system
The budget request included $230.9 million in PE64443F
for the alternative infrared satellite system (AIRSS).
The House bill would authorize a decrease of $200.9
million in PE64443F for AIRSS.
The Senate amendment would authorize no funding for
AIRSS.
The conferees agree to authorize $75.9 million for AIRSS
in PE64443F.
The conferees understand the Space Based Infrared System
(SBIRS) geosynchronous (GEO) program has experienced additional
problems over the course of the summer. Nevertheless, the
conferees are still convinced that the AIRSS program as it was
described in the budget request is not the backup program that
was originally conceived to serve as an alternative to SBIRS as
directed in the SBIRS recertification acquisition decision
memorandum. In addition, the current AIRSS concept is not a
suitable competitor for the fourth SBIRS GEO satellite.
The conferees acknowledge that a follow-on program for
SBIRS will be needed in the future and believe that the AIRSS
program should focus on maturing technology and focus on the
next generation of infrared sensor technology. The conferees
expect the Air Force to develop AIRSS as a follow-on program at
an appropriate time in the future. To that end, the conferees
expect the budget request for AIRSS for fiscal year 2009 to
include a clear plan to support research and development on
technologies that could be evolved into the next generation of
non-imaging infrared systems.
Recognizing that a backup plan may still be needed for
SBIRS GEO, the conferees direct the Air Force to study the cost
and feasibility of integrating a SBIRS highly elliptical orbit
sensor onto a GEO satellite bus. The results of this study
should be provided with the fiscal year 2009 budget request.
DEFENSE-WIDE
Research, Development, Test, and Evaluation, Defense-wide overview
The budget request included $20,559.9 million in
Research, Development, Test, and Evaluation, Defense-wide for
the Department of Defense.
The House bill would authorize $20,176.0 million.
The Senate amendment would authorize $21,331.5 million.
The conferees agree to authorize $20,033.6 million.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
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National Defense Education Program
The budget request included $44.4 million in PE61120D8Z
for the National Defense Education Program (NDEP).
The House bill would authorize the budget request.
The Senate amendment would authorize the budget request.
The conferees agree to authorize $44.4 million in
PE61120D8Z for NDEP.
The conferees note that the budget request included $13.0
million for Pre-engineering Modules under NDEP, but lacked
sufficient justification for that level of funding. Therefore,
the conferees direct that funding for NDEP be executed as
follows: $3.5 million for Pre-engineering Modules; $6.5 million
for Materials World Modules; $27.0 million for Science,
Mathematics, and Research for Transformation; and $7.4 million
for National Security Science and Engineering Faculty
Fellowships. The conferees direct the Director of Defense
Research and Engineering to continue appropriate efforts to
support science and mathematics education, including at the K-
12 level, and recommend that the Director provide clear
objectives and rationale for future funding requests for new
programs in this area.
Airborne Laser
The budget request included $548.8 million in PE63883C
for the Airborne Laser (ABL) boost-phase missile defense
technology demonstration program.
The House bill would authorize $298.9 million in
PE63883C, a reduction of $250.0 million.
The Senate amendment would authorize $348.8 million in
PE63883C, a reduction of $200.0 million.
The conferees agree to authorize $513.8 million in
PE63883C, a reduction of $35.0 million.
The conferees note that the ABL program remains a high
risk technology development and demonstration program that is
seeking to determine the technical feasibility of using an
airborne chemical laser to destroy ballistic missiles in the
boost-phase of their flight, within the first few minutes after
launch.
The ABL program has suffered numerous delays and cost
increases since its inception in 1996, and it is currently
estimated that it will cost $5.1 billion from inception to the
completion of the first test to shoot down a target missile,
currently scheduled for 2009. The original cost estimate to
complete the first shoot-down test was $1.0 billion, which
indicates the magnitude of cost growth in the ABL program.
Even if it is successful, the first shoot-down test will
not determine whether the ABL could be made operationally
effective or affordable. There are inherent operational
constraints in the ABL concept that would have to be overcome.
Much more additional testing would be required to demonstrate
operational capability and military utility. Furthermore, even
if the follow-on testing were successful, the system would
likely not provide an operational capability until 2018 or
later.
The conferees remain concerned that the requested and
planned level of funding for the ABL program comes at the
expense of other near-term capabilities specified in section
223 of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364), which places a priority
on the development, testing, fielding, and improvement of
effective near-term missile defense capabilities.
The conferees believe that missile defense resources and
effort need to be focused and prioritized on those near-term
effective capabilities that can meet our combatant commanders'
current operational requirements to defend against existing
missile threats, particularly those short- and medium-range
missiles that can strike forward-deployed U.S. forces, allies,
and other friendly nations in various regions.
It remains unclear whether the ABL system will be
affordable. The Congressional Budget Office has made a
preliminary estimate that the ABL program could cost as much as
$36.0 billion to develop, procure, and operate a fleet of seven
aircraft for 20 years. This would be a huge investment in a
fleet of seven aircraft that may not be able to provide an
operationally effective capability.
The conferees are also concerned about the number of ABL
aircraft that may be required to maintain a single operational
ABL aircraft on combat patrol, known as an orbit. According to
the Department of Defense, 3 to 5 ABL aircraft would be
required to maintain a single orbit. Additionally, to provide
full coverage against geographically large countries may
require three or more ABL aircraft operating simultaneously,
which could require a total force of 15 or more aircraft. That
would add billions of dollars to the cost of the program.
By comparison, investing that level of funding in near-
term capabilities like the Aegis Ballistic Missile Defense
(BMD) program, the Terminal High Altitude Area Defense program,
and the Patriot PAC-3 program would provide a considerable
increase in the ability of our combatant commanders to meet
their operational requirements for defending our forward-
deployed forces and our allies and friends against existing
missile threats.
As the ABL program proceeds toward the planned shoot-down
test in 2009, the conferees believe the program should receive
thorough independent review, as recommended by the Government
Accountability Office in its March 2007 report, ``Defense
Acquisitions: Missile Defense Acquisition Strategy Generates
Results but Delivers Less at a Higher Cost.'' The conferees
strongly urge the Department of Defense to commission an
independent review of the technical, operational, cost, and
effectiveness aspects of the proposed ABL system, particularly
in comparison to the proposed Kinetic Energy Interceptor
program, and the Aegis BMD system using the Standard Missile-3
Block IIA interceptor in an ascent-phase capacity.
Aegis Ballistic Missile Defense
The budget request included $1.1 billion in PE63892C for
the sea-based Aegis Ballistic Missile Defense (BMD) system.
The House bill would authorize an increase of $78.0
million in PE63892C.
The Senate amendment would authorize an increase of $75.0
million in PE63892C.
The conferees agree to authorize an increase of $65.0
million in PE63892C.
The conferees note that the Missile Defense Agency (MDA)
recently informed Congress that the Aegis BMD program will
experience a major funding shortfall in its fiscal year 2008
program. This shortfall has caused MDA to modify its plans for
Aegis BMD for fiscal year 2008, which include, among other
things, delaying the introduction of the Standard Missile-3
(SM-3) Block IB missile by a year, deferring the upgrades of
four Aegis BMD ships until 2010, and possibly reducing the
number of flight tests. The MDA had previously told Congress
that no additional money was needed for the Aegis BMD program.
As Congress made clear in section 223 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364), the emphasis of our missile defense efforts
should be on the current generation of missile defense
capabilities, even if this comes at the expense of longer-term
development efforts. Furthermore, in testimony before Congress
earlier this year, combatant commanders noted the importance of
attaching priority to deploying missile defense systems like
Aegis BMD, which are designed to provide a wide-area defense
capability against existing short- and medium-range ballistic
missile threats to our forward-deployed forces, allies, and
other friendly nations.
The conferees urge MDA to address the funding shortfall
by identifying funds to ``buy back'' schedule, with priority
placed on resolving technical issues with the SM-3 Block IA
missile program, returning the SM-3 Block IB missile to its
previous schedule, and ensuring that all original test
objectives for fiscal year 2008 are met.
The conferees direct that no later than January 31, 2008,
MDA provide a report to the congressional defense committees
detailing the specific reasons for the funding shortfall in the
Aegis BMD program, its plan for identifying funds to place the
program back on schedule, and its plans for ensuring that the
Aegis BMD program is fully funded in the future.
Over the past several years, Congress has been clear on
the importance it attaches to the Aegis BMD program and other
near-term missile defense systems. The conferees expect the
Department's fiscal year 2009 budget request to reflect that
priority.
Prompt global strike
The budget request included a total of $175.4 million for
the Conventional Trident Modification (CTM), with $126.4
million in hard and deeply buried target defeat systems, PE
64327N; $36.0 million in Trident II modifications, Weapons
Procurement, Navy (WPN) line 1; and $13.0 million in strategic
systems missile equipment, Other Procurement, Navy (OPN) line
108. The budget request also included $32.8 million for the
Common Aero Vehicle (CAV) in PE 64856F.
The House bill would authorize a total of $142.0 million
for the CTM, with $126.4 million in hard and deeply buried
target defeat systems, PE 64327N; $6.0 million in Trident II
modifications, WPN line 1; and $6.0 million in strategic
systems missile equipment, OPN line 108. The House would
authorize the budget request for the CAV.
The Senate would authorize no funding for the CTM, but
would authorize $208.2 million for prompt global strike (PGS)
concepts in PE 65104D8Z. The Senate would authorize no funding
for the CAV in PE 64856F but would authorize the budget request
for the CAV in PE 65104D8Z as part of PGS concepts.
The conferees agree to authorize $100.0 million in PE
64165D8Z for PGS in a new budget line that includes funding for
the CAV. No funds are authorized for the CTM program. A further
discussion of PGS is included elsewhere in this conference
report.
Joint command and control
The budget request included $70.3 million in PE33158K for
the joint command and control program.
The House bill would authorize a decrease of $20.0
million in PE33158K for net enabled command and control, due to
activity delays that raised concerns over the ability of the
program to execute the full fiscal year 2008 request.
The Senate amendment would authorize the budget request.
The conferees agree to authorize $58.3 million, a
decrease of $12.0 million in PE33158K. The conferees recognize
there has been improvement in the execution of the program, and
remain supportive of the program's technical approach. The
conferees are supportive of the program's efforts to drive the
Department of Defense towards a service-oriented architecture
approach, and the use of a federated development and
certification environment to accelerate the process of testing
and certifying new capabilities. The conferees believe that
this program has the potential to dramatically influence how
the Department develops and fields software-intensive systems,
and provide significant new capabilities in shorter time
frames.
TEST AND EVALUATION
Operational, Test, and Evaluation, Defense overview
The budget request included $180.3 million in
Operational, Test, and Evaluation, Defense for the Department
of Defense.
The House bill would authorize $180.3 million.
The Senate amendment would authorize $180.3 million.
The conferees agree to authorize $180.3 million.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
[GRAPHIC] [TIFF OMITTED] TR477.170
Items of Special Interest
Aerial Common Sensor
The conferees note that the restructured Aerial Common
Sensor (ACS) program represents the Army's second and the
Navy's third attempt to replace the Aerial Reconnaissance-Low,
the Guardrail Common Sensor, and the EP-3 systems. Repeated
acquisition failures waste scarce investment resources and
deprive the combatant commands of needed capabilities.
The repeated setbacks demonstrate the need to maintain
discipline with respect to requirements and acquisition
management for the Army and Navy ACS programs.
Given the expenditures of the previously joint ACS
program, the conferees stress the need for energetic oversight
of both the Army and Navy ACS efforts. Therefore, the conferees
direct both the Army and Navy ACS program managers to submit to
the congressional defense and intelligence committees an
Acquisition Program baseline, System Development and
Demonstration exit criteria, and a Capability Development
Document for each program no later than July 1, 2008.
Missile defense test and targets program
The conferees note the importance of the test and targets
program of the Missile Defense Agency (MDA) for the development
and success of the ballistic missile defense program. Congress
has enacted legislation concerning the testing program
repeatedly, and has stressed the need for robust and
operationally realistic testing.
For example, section 234 of the Ronald W. Reagan National
Defense Authorization Act for 2005 (Public Law 108-375)
requires operationally realistic testing of the Ballistic
Missile Defense System (BMDS), and section 234 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163) requires test and evaluation plans to characterize the
operational capability of each block of the BMDS. In section
234 of the National Defense Authorization Act for Fiscal Year
2002 (Public Law 107-107), Congress included a requirement for
``sufficient schedule flexibility and expendable test assets,
including missile interceptors and targets, to ensure that
failed or aborted tests can be repeated in a prudent, but
expeditious manner.'' It also included specific requirements
for the Ground-based Midcourse Defense (GMD) program ``to
establish a flight-test capability of launching not less than
three missile defense interceptors and not less than two
ballistic missile targets to provide a realistic test
infrastructure.''
Congress has also authorized additional resources for
enhanced testing. In the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364),
Congress authorized an increase of $225.0 million for
enhancements to the testing program of the GMD program,
including: $140.0 million for enhanced testing and to increase
the pace of GMD flight testing; $60.0 million for efforts to
accelerate the ability of the GMD system to conduct concurrent
test and operations; and $25.0 million for advance procurement
of an additional six flight test missiles.
In the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163), Congress authorized an increase of
$100.0 million for the GMD program to implement the
recommendations of the MDA Independent Review Team and the
Mission Readiness Task Force to enhance the GMD testing
program.
Despite these repeated and consistent efforts to improve
the missile defense testing program, and to make clear the
requirement for robust, operationally realistic testing that
demonstrates the operational capabilities of our missile
defense systems and provides confidence in the systems, the
conferees note with disappointment that the Missile Defense
Agency has failed to ensure an adequate testing program.
The conferees note that MDA has accomplished successful
flight tests, including intercept tests, over the last 5 years
in each of the near-term missile defense programs, namely the
Patriot PAC-3 system, the Aegis BMD system, the Terminal High
Altitude Area Defense (THAAD) system, and the GMD system. While
these test successes represent significant accomplishments in
extremely complex weapon systems, their testing programs have
also all experienced delays and failures, some because of
shortcomings in the testing and targets program. Much more
testing remains to be done, and the MDA test and targets
program needs to be managed so as to fully support these high
priority near-term programs.
One of the most troubling aspects of the testing program
is the failure of MDA to ensure an adequate number of reliable
targets for the various flight test programs. Over the past 2
years, the conferees have become concerned with the health of
the MDA targets program. The reliability and availability of
the targets program has come into question as targets failed
during two tests, target anomalies occurred during other tests,
and the program was unable to deliver targets on schedule or
within budget, thus forcing MDA to reduce the flight test
schedule of the THAAD system.
Target availability has become the pacing item in the
flight test program, and a target failure in a GMD test in May
of 2007 resulted in MDA completing only one GMD test during the
year. Three flight tests were removed from the THAAD testing
program because targets were not funded. These are serious
problems. Some appear due to MDA not budgeting sufficient
resources for targets, and some appear due to insufficient
management attention.
The conferees are also concerned that MDA's planned
future Flexible Target Family (FTF), a program designed to
increase commonality in target components and subsystems thus
reducing costs and production times, is proceeding at a slower
pace and at greater cost than expected.
For these reasons, the conferees request that the
Government Accountability Office (GAO) initiate a review of the
MDA targets program. The review should include the following
elements:
(1) Determine the number of target failures and
anomalies that have occurred since 2002, their causes,
and their impact on the BMDS;
(2) Assess whether targets are being delivered on time
and if not, the causes of late deliveries;
(3) Assess how MDA estimates the cost of targets and
recoups those costs from BMDS elements;
(4) Assess MDA's risk management and risk reduction
strategies for the targets program;
(5) Determine whether MDA's targets program is
adequately funded over the future-years defense program
to deliver reliable targets on schedule to support the
planned testing program;
(6) Determine the status of MDA's effort to establish
an FTF, including any issues that have slowed its
progress, and whether the FTF program is likely to
correct any of the problems that have occurred in the
targets program; and
(7) Make any recommendations for improvements to the
MDA targets program.
The GAO should work with the Committees on Armed Services
of the Senate and the House of Representatives to define a
reporting timeline for this review.
The conferees believe that MDA should consider, plan, and
budget for a robust testing program--including an adequate
number of reliable targets--that includes salvo launches,
multiple target engagements, multi-mission tests, liquid target
tests, and tests that will stress the systems to determine how
they would perform under real-world operational conditions. The
conferees plan to monitor the testing and targets program
carefully in the coming year.
NSA acquisition management
The Senate report accompanying S. 1547 (S. Rept. 110-77)
directs a series of actions regarding the National Security
Agency's (NSA) transformation programs. The conferees endorse
this direction, but with two modifications.
The Senate report directs that the Director of
Operational Test and Evaluation (DOT&E) exercise oversight over
all major elements of the NSA's Transformation 3.0 activities.
The conferees understand that the Joint Interoperability Test
Command (JITC) is already supporting the NSA's test and
evaluation activities, and directs that JITC be substituted for
the DOT&E in complying with the direction in the Senate report.
The Senate report also mandates that the NSA's
transformation programs may not proceed to Milestone B without
certain certifications to Congress. The conferees agree that
this language should be understood to mean that the
certifications required can be prepared and issued as part of
the Milestone B approval process.
Subtitle A--Authorization of Appropriations
Authorization of appropriations (sec. 201)
The House bill contained a provision (sec. 201) that
would authorize the recommended fiscal year 2008 funding levels
for all research, development, test, and evaluation accounts.
The Senate amendment contained a similar provision (sec.
201).
The conference agreement includes this provision.
Amount for defense science and technology (sec. 202)
The House bill contained a provision (sec. 202) that
would authorize $11,504.3 million for defense science and
technology programs.
The Senate amendment contained a similar provision (sec.
202) that would authorize $11,203.3 million for defense science
and technology programs.
The conferees agree to include a provision that would
authorize $10,913.9 million for defense science and technology
programs.
Subtitle B--Program Requirements, Restrictions, and Limitations
Operational test and evaluation of Future Combat Systems network (sec.
211)
The House bill contained a provision (sec. 211) that
would require an operational test and evaluation of the Future
Combat Systems (FCS) network in a realistic environment
simulating operational conditions. No funds could be obligated
for low-rate initial production or full-rate production of FCS
manned ground vehicles until 60 days after the submission of a
required report on the testing by the Director of Operational
Test and Evaluation (DOT&E). The provision would exclude the
Non-Line-of-Sight Cannon from the funding prohibition.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify
that the test and evaluation of the network would be conducted
in accordance with a FCS Test and Evaluation Master Plan
approved by the DOT&E, that the test and evaluation would be
conducted using prototype equipment, sensors, and software for
the FCS network, and that the prohibited funding subject to
this provision would not include funds for advance procurement
items for FCS manned ground vehicles.
The conferees do not intend to require any additional
testing and evaluation beyond that deemed necessary by the
DOT&E to determine operational effectiveness and suitability of
the network. The conferees also do not intend for that testing
and evaluation to be conducted under any other conditions or in
any other environment than that provided by the location or
locations specified in an approved Test and Evaluation Master
Plan, and within the safety, legal, and electromagnetic
interference constraints of the approved testing location.
The conferees intend that the testing be conducted within
the development and resource constraints of the FCS program.
Additionally, funding for FCS Spin Outs, which do not include
manned ground vehicles as currently defined by the Army, would
not be prohibited under this provision.
Limitation on use of funds for systems development and demonstration of
Joint Light Tactical Vehicle program (sec. 212)
The House bill contained a provision (sec. 212) that
would restrict the obligation of authorized funds for the Joint
Light Tactical Vehicle (JLTV) program beyond its Design
Readiness Review until the congressional defense committees
receive a progress report on the program's compliance with
section 2366a of title 10, United States Code.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment that would
limit the obligation of authorized funds for the JLTV program
beyond the Milestone B decision and system design and
demonstration (SDD) phase until the congressional defense
committees receive and review the Milestone Decision
Authority's required certifications that comply with section
2366a of title 10, United States Code.
The conferees strongly support the JLTV program, but are
concerned that the JLTV program may enter the acquisition phase
of SDD with insufficient knowledge of technology maturity,
requirements, and affordability.
Requirement to obligate and expend funds for development and
procurement of a competitive propulsion system for the Joint
Strike Fighter (sec. 213)
The House bill contained a provision (sec. 213) that
would require the Department of Defense to develop a
competitive propulsion system for the Joint Strike Fighter
(JSF) aircraft. The House language was not explicit on the
issue of permitting a winner-take-all down select at the time
the alternate engine is ready for production.
The Senate amendment contained a similar provision (sec.
213). The Senate provision would explicitly require, however,
that competition continue throughout the production phase of
the JSF program.
The conferees agree to include language that would
require the Department of Defense to: (1) develop a competitive
propulsion system for the JSF aircraft; and (2) continue
competition for the propulsion system throughout the production
phase of the JSF program.
Limitation on use of funds for defense-wide manufacturing science and
technology program (sec. 214)
The House bill contained a provision (sec. 214) that
would restrict the use of funds for the manufacturing science
and technology program, unless competitive procedures were used
in project awards; projects were carried out in a manner that
was consistent with statute and directives; and a formal
technology transition agreement was executed for each project.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Department of Defense to solicit competitive proposals for
funding under the program, and would replace the requirement
for a formal technology transition agreement with a requirement
for an implementation plan.
The conferees believe that the manufacturing science and
technology program should invest in higher risk efforts aimed
more at developing next generation or cross-cutting
capabilities than those currently being pursued in the
manufacturing technology programs of the services and agencies.
Advanced sensor applications program (sec. 215)
The Senate amendment contained a provision (sec. 211)
that would require that $20.0 million in funds authorized and
appropriated for the Foreign Materials Acquisition and
Exploitation program and for activities of the Office of
Special Technology be allocated to the Advance Sensor
Applications Program (ASAP). That provision would have also
required that management oversight of the program be
transferred to the Defense Threat Reduction Agency.
The House bill contained no similar provision.
The House recedes with an amendment that would require
that $13.0 million in funds authorized and appropriated for
activities of the Intelligence Systems Support Office and $5.0
million of operation and maintenance funds from the office of
the Director of Naval Intelligence be allocated to the ASAP
program. The modified provision would also require that the
management oversight of the program remain within the office of
the Under Secretary of Defense for Intelligence until certain
conditions as specified in the classified annex to this report
are met.
Active protection systems (sec. 216)
The Senate amendment contained a provision (sec. 212)
that would require comparative live-fire tests and a
comprehensive assessment of active protection systems.
The House bill contained no similar provision.
The House recedes with an amendment that would emphasize
the need to perform live-fire tests of systems that are
suitable for use on tactical wheeled vehicles, especially light
tactical wheeled vehicles, and specify that the source of
funding for the test should be the Joint Improvised Explosive
Device Defeat Fund.
Subtitle C--Ballistic Missile Defense
Participation of Director, Operational Test and Evaluation, in missile
defense test and evaluation activities (sec. 221)
The House bill contained a provision (sec. 221) that
would require that the Director of Operational Test and
Evaluation have access to certain operational test and
evaluation information of the Missile Defense Agency pertaining
to any major defense acquisition program.
The Senate amendment contained a similar provision (sec.
234) that would amend title 10, United States Code, to ensure
that the Director of Operational Test and Evaluation has access
to missile defense test and evaluation information of the
Missile Defense Agency.
The House recedes with a clarifying amendment.
Study on future roles and missions of the Missile Defense Agency (sec.
222)
The House bill contained a provision (sec. 222(d), (e),
(f)) that would require an independent study of the future
structure, roles, and missions of the Missile Defense Agency,
including its relationship with other entities of the
Department of Defense. The study would also make
recommendations on the future structure, roles, and missions of
the Missile Defense Agency.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would add
several matters to be included in the study, including: the
operation and sustainment of missile defenses; the missile
defense acquisition process; the missile defense requirements
process; and the transition and transfer of missile defense
capabilities to the military departments. The Senate amendment
would also clarify the scope of the recommendations to be
included in the study.
Budget and acquisition requirements for Missile Defense Agency
activities (sec. 223)
The House bill contained a provision (sec. 222(a), (b),
(c)) that would require the Missile Defense Agency (MDA) to
request operation and maintenance (O&M) funds for any operation
and support activities in its fiscal year 2009 budget request.
It would also require MDA to submit a plan, no later than March
1, 2008, for transitioning MDA from using research,
development, test, and evaluation (RDT&E) funds for missile
defense fielding activities to using procurement funds for such
activities. The provision would also require an independent
study of the future roles and missions of MDA.
The Senate amendment contained a similar provision (sec.
233) that would require MDA, starting with its budget
submission for fiscal year 2009, to request separate amounts
for RDT&E, procurement, O&M, and military construction. The
provision would also establish objectives and requirements for
improving transparency, accountability, and oversight of MDA
acquisition activities.
The House recedes with an amendment that would combine
the budget and acquisition provisions of the two bills to
establish future budget and acquisition requirements for MDA.
The issue of an independent study of the future roles and
missions of MDA is described elsewhere in this report.
The agreed provision would require MDA to revise its
budget structure to transition to the use of all the normal
categories of funding in fiscal year 2010 (RDT&E, procurement,
O&M, and military construction), instead of using exclusively
RDT&E funds for all activities. In fiscal year 2009 the MDA
budget request would include, in addition to RDT&E funds,
military construction funds and procurement funds for long lead
items, including for Terminal High Altitude Area Defense firing
units 3 and 4, and for Standard Missile-3 Block IA
interceptors. The provision would provide defined authority for
MDA to use RDT&E funds in fiscal year 2009 for fielding of
missile defense capabilities previously approved by Congress.
The provision would direct MDA to submit to Congress by
March 1, 2008, its plan to transition from using exclusively
RDT&E funding to using procurement, O&M, military construction,
and RDT&E funds, as well as its plan for transitioning from
incremental funding to full funding in fiscal years after
fiscal year 2010. The conferees note that over the long term,
it is likely more cost-effective and less expensive to fully
fund assets than to fund them incrementally over several years.
The conferees are aware that the missile defense
capabilities developed and fielded by MDA have been funded on
an incremental funding basis, using RDT&E funds, since 2002. As
MDA transitions from exclusively RDT&E funding to procurement
and other funding, the conferees understand that it will take
time for MDA to transition from incremental funding to full
funding of fielded capabilities. Consequently, the conference
agreement would provide MDA with the authority to use
procurement funds for fiscal years 2009 and 2010 to field
missile defense capabilities on an incremental funding basis,
without any requirement for full funding.
The conferees understand that MDA may seek to use
incremental funding after fiscal year 2010 to continue fielding
specific missile defense capabilities. Congress will consider a
request for additional authority for incremental funding of a
specific program or capability in fiscal years after 2010 if
the Department of Defense makes such a request in a future
budget request. The conferees caution the Department that this
additional authority will be considered on a limited, case-by-
case basis, and expect that future missile defense programs
will be funded in a manner more consistent with other
acquisition programs of the Department of Defense.
The conferees expect MDA to continue to place high
priority attention and resources on fielding the near-term
missile defense capabilities previously approved by Congress,
namely Ground-based Interceptors, the Aegis Ballistic Missile
Defense program and its Standard Missile-3 interceptors, and
the Terminal High Altitude Area Defense program, and to make
every effort to keep these programs on schedule.
Limitation on use of funds for replacing warhead on SM-3 Block IIA
missile (sec. 224)
The House bill contained a provision (sec. 223) that
would prohibit the use of funds authorized to be appropriated
in this Act to replace the currently planned unitary warhead
for the Standard Missile-3 (SM-3) Block IIA interceptor missile
with a multiple kill vehicle (MKV) warhead until after the
Secretary of Defense certifies that two conditions have been
met: (1) the United States and Japan have reached agreement to
replace the unitary kill vehicle with an MKV; and (2) replacing
the unitary kill vehicle on the SM-3 Block IIA missile with an
MKV will not delay the expected deployment date of that SM-3
missile.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees note that the Missile Defense Agency (MDA)
has indicated an interest in replacing the unitary kill vehicle
development program, which is specified in the agreement with
Japan, with a new MKV development program. This would have
undermined the agreed program of cooperation between the United
States and Japan on joint development of the SM-3 Block IIA
interceptor missile. It is important to support the joint
development program in accordance with the agreed program of
record, which currently specifies a unitary kill vehicle.
This provision does not restrict the MDA from conducting
research, development, analysis, or testing of MKV
technologies, including those which could be used in the future
with the SM-3 Block IIA missile. It also does not restrict MDA
from conducting analysis and discussions with Japanese
officials to consider the possibility of including MKV on the
SM-3 Block IIA.
Extension of Comptroller General assessments of ballistic missile
defense programs (sec. 225)
The House bill contained a provision (sec. 224) that
would extend by 2 years the period for which the Government
Accountability Office (GAO) would review the programs of the
Missile Defense Agency.
The Senate amendment contained a similar provision (sec.
235) that would extend by 5 years the period for which the GAO
would review the programs of the Missile Defense Agency.
The House recedes.
The conferees note that the annual reviews and reports of
the GAO on missile defense programs have proven very useful to
Congress in providing detailed oversight and recommendations.
The conferees value the work of the GAO, and note the
importance of the Department of Defense and the Missile Defense
Agency providing information to GAO in a timely and responsive
manner to facilitate their review of, and reporting to Congress
on, ballistic missile defense programs.
Limitation on availability of funds for procurement, construction, and
deployment of missile defenses in Europe (sec. 226)
The House bill contained a provision (sec. 225) that
would require an independent assessment of the proposed
deployment of Ground-based Midcourse Defense interceptors and
associated radars in Europe, and would require an assessment of
alternatives to that proposed deployment.
The Senate amendment contained a related provision (sec.
231) that would limit the obligation of fiscal year 2008 funds
for procurement, site activation, construction, preparation of
equipment for, or deployment of the proposed European
deployment until two conditions are met: (1) the Governments of
Poland and the Czech Republic have given final approval to
bilateral missile defense deployment agreements negotiated with
the United States; and (2) 45 days have elapsed after Congress
receives an independent assessment of options for missile
defense in Europe. The provision would also limit the
availability of fiscal year 2008 funds for the acquisition or
deployment of operational interceptor missiles for the proposed
European deployment until the Secretary of Defense certifies
that the 2-stage interceptor proposed for deployment in Europe
has demonstrated, through successful, operationally realistic
flight testing, a high probability of working in an
operationally effective manner. The provision would also
require an independent assessment of specified options for
missile defense in Europe. The provision would not limit the
availability of fiscal year 2008 funds for activities not
otherwise limited by the provision, including site surveys,
studies, analyses, and planning and design for the proposed
missile defense deployment in Europe.
The House recedes with an amendment that would combine
the elements of the two provisions.
The conferees note that the administration requested
fiscal year 2008 funds to begin construction for the proposed
missile defense deployment before it began negotiations on
deployment with either Poland or the Czech Republic. The
conferees believe it is premature to seek construction funds
before even negotiating agreements with Poland and the Czech
Republic, and have authorized reduced funding accordingly.
The conferees observe that, if the Governments of Poland
and the Czech Republic give final approval to any successfully
negotiated deployment agreements during fiscal year 2008, the
Department of Defense will have the option of submitting a
reprogramming request for site activation and construction
funds.
The administration's proposed deployment is intended to
address a potential future long-range missile threat from Iran
to the U.S. homeland and to Europe. While this potential threat
may or may not emerge by 2015, Iran already has the largest
inventory of short- and medium-range ballistic missiles in the
Middle East, and these missiles currently pose a threat to
forward-deployed forces of the United States and to its allies
and other friendly nations in the region.
As enacted by section 223 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364), ``it is the policy of the United States that the
Department of Defense accord a priority within the missile
defense program to the development, testing, fielding, and
improvement of effective near-term missile defense
capabilities.'' The conferees believe that, consistent with
this policy, it is essential to focus on developing, testing,
and deploying effective, near-term missile defense capabilities
to defend against these existing missile threats.
The Commander of the Joint Forces Component Command for
Integrated Missile Defense, a component of United States
Strategic Command, informed Congress that in order to fulfill
the combatant commanders' operational requirements to defend
against existing short- and medium-range missile threats the
U.S. would require almost twice the number of Terminal High
Altitude Area Defense (THAAD) and Standard Missile-3 (SM-3)
interceptors as currently planned for and budgeted. The
independent assessment required in this provision will examine
the full range of threats and missile defense options to meet
these threats, including the THAAD and SM-3 systems.
The conferees strongly support the need to work closely
with our North Atlantic Treaty Organization (NATO) allies,
including Poland and the Czech Republic, to defend against the
mutual threats we face, including ballistic missile threats. In
this regard, there are several key principles that should guide
the proposed missile defense deployment in Europe.
First, NATO must play a central role with regard to
future discussions on European missile defense. To the extent
the proposed deployment is placed in a larger NATO context,
NATO is more likely to be supportive. The conferees encourage
NATO to accelerate its efforts to acquire wide area missile
defense capabilities against short- and medium-range missile
threats.
Second, any future long-range U.S. missile defense system
deployed in Europe should, to the maximum extent possible, be
integrated and fully interoperable with the missile defense
systems that NATO is developing for deployment. Since NATO is
expected to begin deploying an initial capability in 2010, this
will require a clear understanding of the planned capabilities
and the command and control arrangements for the systems of
NATO and of the United States.
Third, it is imperative that any U.S. missile defense
system deployed to protect our forward-deployed forces and NATO
allies in Europe be part of a larger network of systems that
defends all such allies, and must not leave the territory of
certain allies unprotected against short- and medium-range
missile threats. The proposed U.S. system would leave parts of
NATO's southeastern region unprotected, thus requiring other
systems, such as those mentioned above, to provide full
protection. As the NATO Secretary General has indicated, the
indivisibility of alliance security is a principle on which
there can be no compromise.
Sense of Congress on missile defense cooperation with Israel (sec. 227)
The House bill contained a provision (sec. 228) that
would require the Secretary of Defense to expand the U.S.
ballistic missile defense system to better integrate with the
Israeli ballistic missile defense system, and also would
require the Secretary to submit a report on the status of
integrating U.S. and Israeli missile defense systems. The
provision would also authorize funding for a variety of missile
defense programs to assist Israel's defensive capability.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that expresses the
sense of Congress that the United States should have an active
program of ballistic missile defense cooperation with Israel,
and should take steps to improve the coordination,
interoperability, and integration of their missile defense
capabilities, and enhance their capability to defend against
ballistic missile threats present in the Middle East region.
The amendment would also require the Secretary of Defense to
submit to the congressional defense committees a report that
describes in detail the program of missile defense cooperation
between the United States and Israel, including plans for
future capability enhancement.
The conferees note that the United States and Israel have
a long-standing program of cooperation on ballistic missile
defense, including joint development of technology like the
Arrow interceptor missile, and joint missile defense testing
and exercises. This cooperation continues to serve the security
interests of both nations.
The conferees are aware that Israel is considering a
follow-on system for the Arrow Weapon System that would provide
better defensive capability against faster, higher, and more
challenging missiles than Arrow can currently provide. The
conferees encourage Israel and the Missile Defense Agency to
evaluate the possibility of using the U.S. Terminal High
Altitude Area Defense (THAAD) system, or a land-based version
of the Standard Missile-3, as a successor to Arrow. If either
or both of these systems could provide the desired level of
defensive protection, it would be much more cost-effective and
less expensive than developing a new Arrow system.
Limitation on availability of funds for deployment of missile defense
interceptors in Alaska (sec. 228)
The Senate amendment contained a provision (sec. 232)
that would limit the availability of funds authorized in this
Act to deploy more than 40 Ground-Based Interceptors at Fort
Greely, Alaska, until the Secretary of Defense submits a
certification that the Block 2006 Ground-based Midcourse
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.
The House bill contained no similar provision.
The House recedes.
Policy of the United States on protection of the United States and its
allies against Iranian ballistic missiles (sec. 229)
The Senate amendment contained a provision (sec. 1218)
that would state the policy of the United States to develop and
deploy, in conjunction with its allies and other nations
whenever possible, an effective defense against Iranian
ballistic missiles that threaten forward-deployed forces of the
United States and its North Atlantic Treaty Organization (NATO)
allies in Europe, and which could eventually pose a threat to
the United States homeland. The provision would also make it
the policy of the United States to proceed with the development
of such defenses so that any missile defenses fielded by the
United States in Europe are integrated with or complementary to
missile defense capabilities fielded by NATO.
The House bill contained no similar provision.
The House recedes with an amendment that would add a
policy statement to encourage NATO to accelerate its efforts to
acquire missile defense capabilities to defend NATO territory
against the existing threat of Iranian short- and medium-range
ballistic missiles, including wide-area defense. It also
includes references to other allies and friendly nations in the
region.
Subtitle D--Other Matters
Coordination of human systems integration activities related to
acquisition programs (sec. 231)
The House bill contained a provision (sec. 231) that
would require the designation of a senior official to be
responsible for human systems integration (HSI) activities
throughout acquisition programs, supervise such activities,
recommend resource requirements for such activities, and
develop a departmental instruction, and possibly directive,
relating to HSI.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the designation of a senior official to coordinate HSI
activities related to acquisition programs and eliminate the
statutory requirement for the development of a specific
directive or instruction on HSI.
The conferees note that the Department of Defense (DOD)
April 2006 report to Congress entitled ``Human Systems
Integration Activity in DOD Acquisition Programs'' concluded
that ``. . . a sound HSI strategy in acquisition is a highly
effective method of both saving the Department significant
costs during the life cycle of systems and improving system
performance,'' but also found that business practices in this
area ``. . . are not mature and consistent across DOD.'' It
further concluded that effectiveness of HSI is improved by the
``institutionalization and standardization of assessment
methods and modeling tools across DOD.''
The conferees believe that this area should continue to
be a high priority within the Department and believe that this
provision will support efforts at the effective coordination
and prioritization of HSI efforts. The conferees urge the
Department to continue to invigorate and invest in HSI
activities throughout acquisition programs, including in
science and technology programs.
The conferees note the Department's failure to satisfy
the reporting requirement set out in the Committee on Armed
Services of the House of Representatives report to accompany
the National Defense Authorization Act for Fiscal Year 2006 (H.
Rpt. 109-89), and that a comprehensive review of HSI is over 1
year late. Therefore, to improve DOD responsiveness and intra-
departmental coordination, the conferees believe designation of
a senior official to coordinate and develop HSI-related
activities and methodologies is necessary. The conferees direct
the designated official to develop and report on a timeline and
plan to satisfy outstanding report and assessment requirements.
Expansion of authority for provision of laboratory facilities,
services, and equipment (sec. 232)
The House bill contained a provision (sec. 232) that
would authorize defense laboratories to provide facilities,
services, and equipment through leases, contracts, or other
arrangements to private sector entities. It would also permit
defense laboratories to receive fees and in-kind payments for
these activities and to deposit those fees into appropriate
accounts of the laboratory.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify
existing authority regarding the provision of samples,
drawings, and other services to private sector persons or
entities. The amendment would broaden these existing
authorities to enable the Department of Defense to make
available, under regulations prescribed by the Secretary of
Defense, facilities, services, and equipment, as long as that
availability would not place the Department in direct
competition with the domestic private sector, and does not
involve in-kind payments for services provided.
The conferees are supportive of efforts that will improve
the quality of the defense laboratories and increase their
ability to perform their designated missions effectively and
efficiently. The conferees believe that the taxpayer-funded
infrastructure managed by the Department of Defense should be
utilized to support private sector activities when in the
interest of national defense. The conferees expect that such
support should not displace defense activities or create
situations in which the government is in competition with
elements of the private sector.
The conferees anticipate that the Secretary of Defense
will promulgate regulations for the utilization of this
authority that adequately protect both the government's and the
private sector's interests through the establishment of
appropriate safeguards. The conferees further expect to be kept
informed of progress in the establishment of this regulatory
framework, lessons learned through the use of this new
authority, specific benefits to the Department that are
resulting from its use, and any difficulties encountered in its
execution.
Modification of cost sharing requirement for Technology Transition
Initiative (sec. 233)
The Senate amendment contained a provision (sec. 252)
that would modify the cost sharing requirements in the
Technology Transition Initiative.
The House bill contained no similar provision.
The House recedes.
Report on implementation of Manufacturing Technology Program (sec. 234)
The House bill contained a provision (sec. 235) that
would require a report on the implementation of the
technologies and processes developed under the Manufacturing
Technology Program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify
the reporting requirement to include assessments of performance
enhancements attributable to the Manufacturing Technology
Program and related investments, and to modify the time period
covered by the implementation analyses.
The conferees intend that the analyses and reporting
required by the report should include all projects which
received funding from a service or Defense Agency Manufacturing
Technology Program in fiscal years 2003, 2004, or 2005,
including projects which were initiated prior to 2003.
Assessment of sufficiency of test and evaluation personnel (sec. 235)
The House bill contained a provision (sec. 236) that
would require an assessment of the sufficiency of the workforce
of the Office of the Director of Operational Test and
Evaluation.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees are supportive of efforts to assess
accurately the required size and technical skill mix of the
workforce necessary to fulfill the important statutory role of
the Office of the Director of Operational Test and Evaluation.
The conferees are concerned, however, that the organization is
heavily reliant on contractor support. Therefore, the conferees
expect that this assessment will also address the appropriate
balance between government personnel and contractor support in
the organization, given its critical, independent oversight
role.
Repeal of requirement for separate reports on technology area review
and assessment summaries (sec. 236)
The House bill contained a provision (sec. 237) that
would repeal the statutory requirement for a report to Congress
that summarizes the Director of Defense Research and
Engineering's Technology Area Review and Assessment (TARA).
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees note that the role of the Director of
Defense Research and Engineering (DDR&E) in coordinating the
science and technology (S&T) programs of the military services,
defense agencies, Special Operations Command, other
departmental organizations, and other federal agencies is
critical to the efficient and effective execution of the
Department of Defense's overall S&T strategy. Further, the
Defense Science Board in its October 2005 report ``The Roles
and Authorities of the Director of Defense Research and
Engineering'' noted that ``. . . the DDR&E should be tasked to
assure that all research and development organizations are
implementing the strategic technology guidance of the
Department.''
The conferees further note that the TARA process has been
replaced by a combination of S&T collaborative reviews, forward
looking assessments, and technology focus teams, under the
newly established Reliance 21 process. The conferees support
any efforts to improve the coordination and execution of the
S&T program and expect the Department to keep the congressional
defense committees informed of the maturity and effectiveness
of the new processes, as well as outcomes, when appropriate, of
specific technical reviews and assessments.
Modification of notice and wait requirement for obligation of funds for
foreign comparative test program (sec. 237)
The Senate amendment contained a provision (sec. 251)
that would shorten the notice and wait time required for the
obligation of funds in the Foreign Comparative Test program.
The House bill contained no similar provision.
The House recedes.
Strategic plan for the Manufacturing Technology Program (sec. 238)
The Senate amendment contained a provision (sec. 253)
that would require the development of a strategic plan for the
Manufacturing Technology Program.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
the time period covered by the plan and modify the requirements
for development of the plan and for its submission to Congress.
The conferees are supportive of the efforts of the
Manufacturing Technology Program to enhance the producibility,
improve the performance, and increase the affordability of
defense systems. The conferees note that the Defense Science
Board, in its recent study entitled, ``The Manufacturing
Technology Program: A Key to Affordably Equipping the Future
Force'' recommended that the Department of Defense ``ensure
implementation'' of the Manufacturing Technology Program
strategic plan and investment strategy ``with periodic reviews
of plan execution.'' The conferees believe that this provision,
as well as other manufacturing-related provisions adopted by
the conferees, are consistent with that recommendation and
would support efforts to identify best practices that can be
used in making future manufacturing technology investments and
transitioning technologies to the defense industrial base.
Modification of authorities on coordination of Defense Experimental
Program to Stimulate Competitive Research with similar federal
programs (sec. 239)
The Senate amendment contained a provision (sec. 254)
that would give the Department of Defense more flexibility in
its execution of the Defense Experimental Program to Stimulate
Competitive Research.
The House bill contained no similar provision.
The House recedes.
Enhancement of defense nanotechnology research and development program
(sec. 240)
The Senate amendment contained a provision (sec. 255)
that would update the program and reporting requirements for
the defense nanotechnology research program.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
activities and interagency coordination efforts under the
program and eliminate the requirement for a Comptroller General
study of the program.
The conferees believe that nanotechnology can enable
novel future military capabilities if research efforts can be
matured into battlefield applications. This type of technology
transition is difficult for all technologies, and will be
difficult for nanotechnology as well. The conferees believe
that the Department of Defense should begin to anticipate and
address future technology transition issues, such as
manufacturing of nanosystems and developing a sustainable
nanotechnology industrial base.
The conferees further see the value in supporting
government-wide efforts as part of the National Nanotechnology
Initiative and therefore direct the Department to participate
in all appropriate interagency activities, including providing
appropriate resources to support its involvement in those
activities.
Federally funded research and development center assessment of the
Defense Experimental Program to Stimulate Competitive Research
(sec. 241)
The Senate amendment contained a provision (sec. 256)
that would require an assessment by the Comptroller General of
the Defense Experimental Program to Stimulate Competitive
Research.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to utilize a defense federally funded
research and development center for an independent assessment
of the Defense Experimental Program to Stimulate Competitive
Research.
Cost-benefit analysis of proposed funding reduction for High Energy
Laser Systems Test Facility (sec. 242)
The Senate amendment contained a provision (sec. 258)
that would require a cost-benefit analysis of the proposed
funding reduction for the High Energy Laser Test Facility.
The House bill contained no similar provision.
The House recedes.
Prompt global strike (sec. 243)
The House bill contained a provision (sec. 124) that
would prohibit the Department of Defense (DOD) from obligating
or expending any fiscal year 2008 funds for operational
deployment of a weapons system that uses Trident missiles
converted to carry conventional payloads. The provision would
also direct the Secretary of Defense to notify the
congressional defense committees within 30 days after the date
on which he determines such a weapons system is fully
functional and is necessary to meet military requirements.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would direct
the Secretary of Defense to prepare and submit to the
congressional defense committees a research, development, and
test plan for capabilities that could be used in prompt global
strike (PGS) systems. Further, the amendment would direct the
Under Secretary of Defense for Acquisition, Technology, and
Logistics to submit a plan for obligation and expenditure of
funds for fiscal year 2008, and would prohibit implementation
of that plan until at least 10 days after it is submitted to
the congressional defense committees.
The conferees provide no funds for the Conventional
Trident Modification (CTM) program. This limitation on the CTM
program does not preclude continued research, development,
test, and evaluation on subsystems or technologies previously
pursued under the CTM program if applicable to other PGS
alternatives or use of the Trident D5 as a test platform.
The conferees have consolidated funding requested by the
Navy for CTM and funds requested by the Air Force for the
Common Aero Vehicle (CAV) into PE 64165D8Z to be used to
establish an integrated PGS program. Requirements for the
program should be provided by the United States Strategic
Command as informed by the ongoing analysis of alternatives for
PGS and the PGS technology road map.
The conferees look to the PGS program to conduct research
and development in a wide variety of technology areas including
propulsion systems, advanced payload delivery and dispensing
mechanisms, system command and control, and non-nuclear,
kinetic and non-kinetic payloads.
The conferees note the value of developing conventional
prompt global strike capabilities that may be needed for time-
sensitive operations. Conventional prompt global strike
capabilities would also continue the post-Cold War trend of
reducing U.S. reliance on nuclear weapons by providing the
President with a wider variety of viable non-nuclear strike
options.
The conferees remain concerned about prompt global strike
concepts that would employ a mixed loading of nuclear and non-
nuclear systems and believe that DOD should carefully address
these ambiguity concerns.
Legislative Provisions Not Adopted
Gulf War illnesses research
The Senate amendment contained a provision (sec. 214)
that would authorize a $15.0 million increase for Gulf War
illnesses research.
The House bill contained no similar provision.
The Senate recedes.
The conference outcome is reflected in the tables of this
report in Research, Development, Test, and Evaluation, Army, PE
63002A.
The conferees direct the Secretary of the Army to utilize
the authorized funding for this program to undertake research
on Gulf War illnesses. The conferees direct that activities
under the program should include studies of treatments for the
complex of symptoms commonly referred to as ``Gulf War
Illness''; and identification of objective markers for Gulf War
Illness. The conferees recommend that no studies based on
psychiatric illness and psychological stress as the central
cause of Gulf War Illness be funded under the program. The
conferees direct that the program be conducted using
competitive selection and peer review for the identification of
research with the highest technical merit and military value.
Further, the conferees direct that this program be coordinated
with similar activities in the Department of Veterans Affairs
and the National Institutes of Health.
Increased funds for X Lab battlespace laboratory
The House bill contained a provision (sec. 227) that
would authorize an increase of $10.0 million for the X Lab
battlespace laboratory.
The Senate amendment contained no similar provision.
The House recedes.
The conference outcome is reflected in the tables of this
report in Research, Development, Test, and Evaluation (RDT&E),
Defense-wide, line 30.
Modeling, analysis, and simulation of military and non-military
operations in complex urban environments
The House bill contained a provision (sec. 238) that
would express findings of Congress relating to modeling and
simulation of urban environments.
The Senate amendment contained no similar provision.
The House recedes.
The conferees believe that modeling and simulation
activities hold the promise of improving defense capabilities
across the spectrum of missions and have adopted a provision
elsewhere in this bill that reflects the high priority that
these activities should have. The conferees believe that
modeling and simulation activities show significant promise in
improving military and non-military capabilities for operating
in complex urban environments.
Reduction of amounts for Army Venture Capital Fund demonstration
The House bill contained a provision (sec. 233) that
would authorize a decrease of $10.0 million for the Army
Venture Capital Fund demonstration.
The Senate amendment contained no similar provision.
The House recedes.
The conference outcome is reflected in the tables of this
report in Research, Development, Test, and Evaluation, Army, PE
63125A.
Sense of Congress concerning full support for development and fielding
of a layered ballistic missile defense
The House bill included a provision (sec. 226) that would
express the sense of Congress concerning support for
development and fielding of a layered ballistic missile defense
system.
The Senate amendment contained no similar provision.
The House recedes.
TITLE III--OPERATION AND MAINTENANCE
Operation and maintenance overview
The budget request included $142.8 billion for operation
and maintenance for the Department of Defense.
The House bill would authorize $142.5 billion for
operation and maintenance.
The Senate amendment would authorize $143.6 billion for
operation and maintenance.
The conferees agree to authorize $142.8 billion for
operation and maintenance for the Department of Defense.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
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Subtitle A--Authorization of Appropriations
Operation and maintenance funding (sec. 301)
The House bill contained a provision (sec. 301) that
would authorize fiscal year 2008 funding levels for all
operation and maintenance accounts.
The Senate amendment contained a similar provision (sec.
301).
The conference agreement includes this provision.
Subtitle B--Environmental Provisions
Reimbursement of Environmental Protection Agency for certain costs in
connection with Moses Lake Wellfield Superfund Site, Moses
Lake, Washington (sec. 311)
The House bill contained a provision (sec. 311) that
would authorize the Secretary of Defense to reimburse the
Environmental Protection Agency for certain costs in connection
with the Moses Lake Wellfield Superfund Site, Moses Lake,
Washington.
The Senate amendment contained a similar provision (sec.
311).
The House recedes.
Reimbursement of Environmental Protection Agency for certain costs in
connection with the Arctic Surplus Superfund Site, Fairbanks,
Alaska (sec. 312)
The House bill contained a provision (sec. 312) that
would authorize the Secretary of Defense to reimburse the
Environmental Protection Agency for certain costs in connection
with the Arctic Surplus Superfund Site, Fairbanks, Alaska.
The Senate amendment contained a similar provision (sec.
312).
The House recedes.
Payment to Environmental Protection Agency of stipulated penalties in
connection with Jackson Park Housing Complex, Washington (sec.
313)
The House bill contained a provision (sec. 313) that
would authorize the Secretary of the Navy to pay a stipulated
penalty assessed by the Environmental Protection Agency against
the Jackson Park Housing Complex, Washington.
The Senate amendment contained a similar provision (sec.
313).
The House recedes.
Report on control of the brown tree snake (sec. 314)
The Senate amendment contained a provision (sec. 314)
that would require a report from the Secretary of Defense on
the Department's efforts to control the brown tree snake on
Guam and prevent its introduction to other areas.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to include in this report the results
of management, control, and eradication efforts through
integrated natural resource management plans prepared for
military installations in Guam under the pilot program
authorized by section 670a(g) of title 16, United States Code.
The amendment would also require, as part of the Secretary's
report, information on the Department's actions to implement
the recommendations of the Brown Treesnake Review Panel in its
final report published in March 2005.
Notification of certain residents and civilian employees at Camp
Lejeune, North Carolina, of exposure to drinking water
contamination (sec. 315)
The Senate amendment contained a provision (sec. 1082)
that would require the Secretary of the Navy to take certain
steps with regard to individuals who may have been exposed to
drinking water contamination at Camp Lejeune, North Carolina.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the Secretary of the Navy to use available funds to pay for the
health survey required by the provision.
Subtitle C--Workplace and Depot Issues
Availability of funds in Defense Information Systems Agency working
capital fund for technology upgrades to Defense Information
Systems Network (sec. 321)
The Senate amendment contained a provision (sec. 321)
that would authorize the Defense Information Systems Agency to
use up to $500,000 of working capital funds to pay for any
project directly related to technology upgrades to the Defense
Information System Network.
The House bill contained no similar provision.
The House recedes with an amendment that would provide
this authority notwithstanding section 2208 of title 10, United
States Code, and clarifies the limitation on its use with
respect to changing a system's performance envelope.
Modification to public-private competition requirements before
conversion to contractor performance (sec. 322)
The House bill contained a provision (sec. 324) that
would modify the provisions of section 2461 of title 10, United
States Code, regarding the requirements for public-private
competition for the performance of a function.
The Senate amendment contained an identical provision
(sec. 365). The conference agreement includes this provision.
Public-private competition at end of period specified in performance
agreement not required (sec. 323)
The House bill contained a provision (sec. 325) that
would override the requirement in Office of Management and
Budget Circular A-76 that all work awarded to federal employees
pursuant to a public-private competition be recompeted at the
end of the period specified in the performance agreement.
The Senate amendment contained a similar provision (sec.
370).
The House recedes.
The conferees note that this provision would give
Department of Defense managers discretion to determine whether
it is in the interest of the Department of Defense to conduct a
follow-on competition at the end of the period specified in the
performance agreement. Nothing in this provision would prohibit
the conduct of such a competition, if it were determined to be
in the Department's interest.
Guidelines on insourcing new and contracted out functions (sec. 324)
The House bill contained a provision (sec. 326) that
would require the Under Secretary of Defense for Personnel and
Readiness to establish guidelines and procedures for ensuring
that full consideration is given to using federal employees to
perform new functions and other categories of work that would
otherwise be performed under contract.
The Senate amendment contained a similar provision (sec.
368).
The Senate recedes with an amendment that would eliminate
language prohibiting the Department of Defense from initiating
any new public-private competitions until the guidelines and
procedures are issued. The amendment would require the
Inspector General of the Department of Defense to report to the
Committees on Armed Services of the Senate and the House of
Representatives on the compliance of the Secretary of Defense
with the requirements of this section.
Restriction on Office of Management and Budget influence over
Department of Defense public-private competitions (sec. 325)
The House bill contained a provision (sec. 328) that
would prohibit the Office of Management and Budget (OMB) from
directing or requiring the Secretary of Defense or the
secretary of a military department to undertake a particular
public-private competition under OMB Circular A-76.
The Senate amendment contained a similar provision (sec.
369).
The Senate recedes with an amendment that would strike
the requirement that the Secretary of Defense suspend public-
private competitions under OMB Circular A-76 and substitute a
requirement that the Inspector General conduct a comprehensive
review of the compliance of the Secretary of Defense and the
secretaries of the military departments with the requirements
of the provision.
The conferees remain concerned about efforts by OMB to
intervene in internal Department of Defense (DOD) decisions
regarding how the Department should best be staffed to carry
out its vital national security functions. Most recently, the
Deputy Director of OMB sent a memorandum to the Deputy
Secretary of Defense complaining that the Department of the
Army had not subjected a large enough number of federal
employee positions to public-private competition and that DOD
had classified too many positions as being inappropriate for
public-private competition. The OMB memorandum further urged
DOD to actively review positions in the intelligence community
for possible public-private competition.
The conferees agree that decisions about which functions
should be performed by DOD employees in the interest of
national security are best made by the Department of Defense.
In recent years the DOD budget has grown dramatically as the
Department has taken on substantial new burdens in the global
war on terrorism. The Department of the Army and the defense
intelligence agencies bear a particularly heavy share of these
burdens. Under these circumstances, the conferees believe that
DOD decisions regarding the structure of the civilian workforce
required to meet national defense needs should be made without
outside interference. Accordingly, the conferees direct the
Secretary of Defense to make these decisions on the merits,
without regard to any views that may be expressed by OMB
officials.
Bid protests by federal employees in actions under Office of Management
and Budget Circular A-76 (sec. 326)
The House bill contained a provision (sec. 329) that
would give federal employees the same right to appeal the
outcome of a public-private competition that contractors
competing against those employees already have.
The Senate amendment contained an identical provision
(sec. 366). The conference agreement includes this provision.
The conferees note that this provision applies to a
protest of an agency decision that was made after the date of
the enactment of this Act, even if the competition, study, or
analysis which formed the basis for such decision was initiated
prior to the date of enactment.
Public-private competition required before conversion to contractor
performance (sec. 327)
The House bill contained a provision (sec. 330) that
would extend government-wide certain provisions regarding
public-private competitions conducted by the Department of
Defense.
The Senate amendment contained an identical provision
(sec. 367). The conference agreement includes this provision.
Extension of authority for Army industrial facilities to engage in
cooperative activities with non-Army entities (sec. 328)
The Senate amendment contained a provision (sec. 341)
that would amend section 4544 of title 10, United States Code,
to extend until September 30, 2014, the authority for any
working capital funded Army industrial facility to enter into a
contract or cooperative arrangement with a non-Army entity to
carry out specified military or commercial projects. This
provision would also provide for an annual report by the
Secretary of the Army explaining how the Army is using this
extended authority, and would require the Army to submit a
business case analysis on the advisability of making this
authority permanent.
The House bill contained no similar provision.
The House recedes.
Reauthorization and modification of multi-trades demonstration project
(sec. 329)
The House bill contained a provision (sec. 331) that
would reauthorize and expand section 338 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-
136) to allow the Secretary of the Air Force and the Secretary
of the Navy to conduct demonstration projects through 2013 to
evaluate the benefits of promoting workers who perform multiple
trades.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would: (1)
grant the Secretary of the Army the same authority to establish
a multi-trades demonstration project; (2) limit demonstrations
to one industrial facility per service; and (3) require the
secretaries to make a recommendation on whether multi-trade
authority should become permanent.
The conferees note that, in accordance with section 338
of the National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136), the Comptroller General will submit a
report on the projects at the end of the demonstration.
Pilot program for availability of working capital funds to Army for
certain product improvements (sec. 330)
The House bill contained a provision (sec. 322) that
would amend section 2208 of title 10, United States Code, by
adding a new paragraph at the end granting limited authority to
the Department of Defense to use Defense Working Capital Funds
to make product improvements for weapon systems, major end
items, and components.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would grant
authority to the Secretary of the Army in a pilot program to
use working capital funds for certain product improvements. The
Senate amendment would also strike amendments to section 2208
of title 10, United States Code, and grant working capital fund
activities limited authority to spend up to $1.0 million to
insert technology improvements into weapon systems or major end
items. The conferees agree that this authority would expire in
2013.
The conferees are concerned that Department of Defense
policy and regulations governing the implementation of the
authority provided in section 2208 of title 10, United States
Code, is undermining the Department's and services' ability to
use working capital fund activities, such as depot maintenance
activities and department-wide services, to maximize equipment
recapitalization and modernization. This is particularly the
case for the Army and the Marine Corps as significant numbers
of their tactical systems will cycle through the depot
maintenance systems as part of their reset strategies over the
next several years.
The intent of the pilot program is to allow the Army to
demonstrate whether use of working capital funds could decrease
procurement lead times, implement steady workload requirements
at the depots, as well as improve supplier workload
coordination with the private sector. The conferees are
concerned that the Financial Management Regulation has limited
the authority, and therefore the intent, of section 2208 of
title 10, United States Code, by restricting technology
refreshment and insertion to those components or systems that
would not ``significantly improve the performance envelope'' of
the end item. The conferees believe that a less restrictive
application of this authority would allow working capital fund
activities to acquire mission-related system upgrades and
insert technologies that improve major components of end items,
such as large system engines, as they would other parts to
maximize depot capacity, workload management, and flexibility.
A less restrictive application of this authority would also
allow working capital fund services to upgrade or refresh
mission equipment to increase performance and reduce costs.
The conferees are aware of the services' concerns
regarding the potential impact of this authority. The conferees
share these concerns and, accordingly, sunset the authority in
2013. Additionally, the conferees direct the Army to address
these issues during the pilot program and in the report
mandated by this provision:
(1) the definition of ``significant'' change to the
performance envelope of an end item;
(2) the impact on cost, including training;
(3) the distinction between investment and
improvement (i.e., service-life extensions, new
capabilities, safety) and their relationship to
appropriation law and the role of program managers;
(4) the impact on depot competitiveness; and
(5) the impact on performance-based logistics
agreements.
The conferees have included an annual reporting
requirement in this provision to ensure congressional oversight
of the pilot program. The annual reports will serve to inform
the congressional defense committees on whether this authority
should be considered for Department of Defense-wide
application.
Subtitle D--Extension of Program Authorities
Extension of Arsenal Support Program Initiative (sec. 341)
The House bill contained a provision (sec. 341) that
would amend section 343 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106-398) to
extend the Arsenal Support Program Initiative (ASPI) through
fiscal year 2010.
The Senate amendment contained a similar provision (sec.
342).
The Senate recedes.
The conferees agree that the Army's arsenals provide the
Nation critical manufacturing capabilities not available from
any other domestic source and, therefore, are vital to the
industrial capacity of the Department of Defense. The conferees
believe that for many years the Department has neglected the
arsenals in terms of capital investment to keep pace with
modern manufacturing requirements and retention of core skills
in the arsenal workforce.
One of the central purposes for the creation of the ASPI
was to retain and possibly strengthen the viability of the Army
arsenals by leveraging the availability of military industrial
facilities and a skilled workforce and commercial ventures
related to the arsenals' mission. The conferees are concerned
that the ASPI has had limited success in contributing to the
arsenals' retention of skills in manufacturing processes
necessary to ensure these unique skills are available for
national security purposes. Unlike initiatives at Army
ammunition plants where the commercial ventures are
complementary or compatible to the plants' core military
mission, the arsenal initiatives appear to have minimal
connection to core mission skills. Some arsenals appear to
create force protection and security risks by introducing
relatively open access to the installations by non-defense
personnel. The conferees are also concerned about reported
conflicts over the availability and use of Department-owned
land and facilities. These conflicts between the arsenals'
military mission and ASPI-related commercial ventures undermine
control of the pace and scope of the program that arsenal
commanders and the Department must retain.
The conferees are aware that ASPI-related
recapitalization of critical arsenal plants and equipment has
been limited. Based on the congressionally mandated Department
of the Army report of October 5, 2007, the ASPI appears to be
contributing to the local economic development purposes laid
out in the enacting legislation. However, the $15.5 million in
congressionally directed funding that has supported the program
since fiscal year 2001 has produced only $3.1 million in cost
avoidance to the Army. The Army's October report recommends
permanent authority for the ASPI, but the Department of Defense
did not request any ASPI authority in its fiscal year 2008
legislative package, nor did the Army budget request include
ASPI funding for fiscal year 2008 or any future year.
For the reasons noted above, the conferees expect the
Department of Defense to take action to increase the capital
investment and enhance the manufacturing processes and skills
of the Army's arsenals, either through an improved ASPI program
or by seeking additional statutory authorities. During the
additional 2 years of authorization that this provision would
provide, the conferees expect to see progress in the selection
and execution of projects that will enhance the arsenals' core
missions and workforce, and result in contributions to the
recapitalization of plants and equipment.
The conferees direct the Congressional Budget Office
(CBO) to conduct a business case analysis that examines the
cost, return on investment, and economic impact of the ASPI.
Furthermore, the conferees direct the Comptroller General to:
(1) review how effective ASPI has been in achieving the 11
purposes outlined in Public Law 106-398; (2) evaluate
variations in the ASPI implementation at the Army arsenals; and
(3) provide recommendations on how the ASPI could be
restructured to support the arsenals' core missions. The
conferees direct CBO and the Comptroller General to submit
these reports to the Committees on Armed Services of the House
of Representatives and Senate no later than September 1, 2009.
Extension of period for reimbursement for helmet pads purchased by
members of the armed forces deployed in contingency operations
(sec. 342)
The House bill contained a provision (sec. 342) that
would extend the period during which members of the armed
forces deployed in contingency operations may request and
receive reimbursement for helmet pads that were purchased at
personal expense. This section would cover purchases made
through September 30, 2007, and would give the service member
up to a year to submit a claim for reimbursement. This section
does not allow reimbursement for purchases made on behalf of a
service member.
The Senate amendment contained no similar provision.
The Senate recedes.
Extension of temporary authority for contract performance of security
guard functions (sec. 343)
The Senate amendment contained a provision (sec. 322)
that would continue the orderly phase-out of the temporary
authority for contract performance of security guard functions
under section 322 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314).
The House bill contained no similar provision.
The House recedes.
Subtitle E--Reports
Reports on National Guard readiness for emergencies and major disasters
(sec. 351)
The House bill contained a provision (sec. 351) that
would amend section 482 of title 10, United States Code, to
require the Department of Defense to begin reporting on the
readiness of the National Guard to respond to civil support
mission requirements. The report would be included in the
quarterly readiness report to Congress provided to the
congressional defense committees and also reported to the State
governors.
The Senate amendment contained a similar provision (sec.
343) that would amend sections 482 and 10541 of title 10,
United States Code, to require the Department of Defense to
routinely measure and report on the readiness of the National
Guard to perform domestic support missions.
The House recedes with an amendment that would set an
effective date for the first report's submission to allow a
reasonable amount of time for the Department to develop
appropriate measures and processes to implement this change to
the reporting systems. The House amendment would also require
that the Department's reports refer to the National Guard's
duties specified in sections 331 through 333 and 12304(b) of
title 10, United States Code. The House amendment would also
specify that the terms emergency and major disaster are used as
defined in section 5122 of title 42, United States Code.
The conferees are concerned that increased demands on the
personnel and equipment of the National Guard in support of
operations in Iraq and Afghanistan have left the States at
significant risk in terms of the Guard's ability to respond to
domestic crises. The Government Accountability Office reported
in January 2007, that the Department does not routinely measure
or report to Congress on the readiness of non-deployed National
Guard forces for domestic missions. The conferees believe that
the degree or acceptability of domestic risk cannot be
appropriately managed, by either the Department or the States,
without an accurate and reliable readiness measurement and
reporting system.
The conferees intend that this provision would result in
the establishment of clear lines of authority and
responsibility for measuring and reporting readiness that helps
define clear lines of federal and State responsibility for
strategies and investment priorities to achieve and maintain
the appropriate levels of readiness.
The Department has recognized the need to have more
visibility over the availability and repair of the National
Guard's equipment provided by the Department specifically for
its federal mission essential tasks but that is also relevant
and useful for the Guard's domestic support missions. The
conferees understand that the Department has begun to collect
data on this federally provided equipment and units' readiness
but note that these efforts are not mature.
The conferees are pleased with the progress of the
development and fielding of the Defense Readiness Reporting
System and expect that this system would also provide the basis
for the measurement and management of National Guard readiness
for its domestic support missions.
Annual report on prepositioned materiel and equipment (sec. 352)
The House bill contained a provision (sec. 355) that
would amend chapter 131 of title 10, United States Code, by
adding a section to require the Secretary of Defense to report
to the congressional defense committees annually on the
materiel and equipment in the prepositioned stocks.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would strike
the reference to the obsolete Status of Resources and Training
system and adds a requirement for the Government Accountability
Office to review the report each year for 7 years.
The conferees believe in the strategic importance of the
collection and placement of military materiel and supplies in
locations around the world to facilitate and speed our response
to crisis or contingencies. Prepositioned stocks have been a
critical strategic hedge in our global response strategy since
the Cold War, especially for our Army and Marine Corps ground
forces. These stocks, both stored on land and on ships afloat,
become even more important if we anticipate continuing conflict
in the global war on terror in other parts of a dangerous
world.
The conferees are aware, however, that current stocks of
prepositioned materiel and equipment have been largely
distributed or consumed in support of operations in Iraq and
Afghanistan. The depleted condition of these stocks reduces our
strategic depth and flexibility and increases risk. The
conferees are concerned that the Department of Defense's plans
and resources are not aligned and sufficient to aggressively
reconstitute or reset prepositioned stocks to reduce risk and
reestablish strategic flexibility. The conferees expect that
this annual report will aid in addressing these concerns and
will enable increased congressional oversight.
Consistent with this view and enduring congressional
concerns, section 1046 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375)
directed the Department to conduct a policy review of programs
for prepositioned materiel and equipment. The conferees note
the arrival of an interim report, 2 years late, and urge the
Department to complete its analysis and final report as rapidly
as possible. Any plan to reconstitute or reset prepositioned
stocks, as the provision in this bill would require, must be
guided by strategic policy that addresses current and future
requirements and manages risk.
Report on incremental cost of early 2007 enhanced deployment (sec. 353)
The Senate amendment contained a provision (sec. 323)
that would amend section 323 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364) to include a reporting requirement on the incremental
increase in reset costs related to the deployment of additional
forces to Iraq.
The House bill contained no similar provision.
The House recedes with an amendment that would include
the incremental change in reset costs associated with the
redeployment of forces from Iraq.
The conferees acknowledge that deployed and redeployed
force levels will increase and decrease consistent with changes
in strategy in both the current and next fiscal years. This
fluctuation will change the reset requirements and costs over
time. This provision requires the military departments to
identify and project the actual and potential increase and
decrease in costs of reset and report those changes to
Congress.
Modification of requirements of Comptroller General report on the
readiness of Army and Marine Corps ground forces (sec. 354)
The Senate amendment contained a provision (sec. 357)
that would amend section 323 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364) to include, as part of the reporting requirement, the
Comptroller General's assessment of (1) the ability of Army and
Marine Corps forces to meet the requirements of operations in
Iraq and Afghanistan, and (2) the strategic depth of the Army
and Marine Corps and their ability to meet other contingency
plans or requirements.
The House bill contained no similar provision.
The House recedes with an amendment that would change the
deadline of the report to June 1, 2008, and would clarify the
baseline for troop increase calculations.
Plan to improve readiness of ground forces of active and reserve
components (sec. 355)
The House bill contained a provision (sec. 352) that
would require the Secretary of Defense to submit an annual
report to the congressional defense committees regarding plans
for the improvement of the readiness of active and reserve
component ground forces.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would strike
reference to the obsolete Status of Resources and Training
System and set the expiration of this reporting requirement
after the receipt of five annual reports.
The conferees support the Department of Defense's efforts
to modernize its readiness management system and encourage the
Department to use the new Defense Readiness Reporting System to
meet the requirements of this provision.
Independent assessment of Civil Reserve Air Fleet viability (sec. 356)
The House bill contained a provision (sec. 354) that
would require the Secretary of Defense to provide for an
independent assessment of the viability of the Civil Reserve
Air Fleet (CRAF) to be conducted by a federally-funded research
and development center. The provision would require that the
independent assessment examine defense planning for organic
lift requirements, commercial market factors, and any barriers
to the viability of CRAF and provide recommendations for
improving the CRAF program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the independent assessment to examine the efficacy of
authorizing the Department of Defense to establish minimum
annual purchase amounts for CRAF partners as a means for
improving the program's viability when operations transition
from the current tempo to peacetime operations.
Department of Defense Inspector General report on physical security of
Department of Defense installations (sec. 357)
The Senate amendment contained a provision (sec. 359)
that would require a report to Congress within 1 year from the
Department of Defense Inspector General on the physical
security of Department of Defense installations and resources.
The House bill contained no similar provision.
The House recedes.
Review of high-altitude aviation training (sec. 358)
The Senate amendment contained a provision (sec. 362)
that would require a report by the Secretary of the Army
regarding potential costs and cost avoidance in permanently
stationing utility, cargo, and light utility helicopters at the
High Altitude Aviation Training Site in Colorado.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the report to be from the Secretary of Defense instead of the
Secretary of the Army; would change the report due date to 180
days after enactment; and would expand the analysis to include
the high-altitude and power-limited helicopter training
requirements, systems, and resources of all military
departments.
The conferees are aware that geographic and environmental
conditions in Iraq and particularly the mountainous terrain of
Afghanistan present significant challenges to effective and
safe helicopter operations. The conferees note that there is
little evidence that the Army, or any other military
department, has defined a requirement for or adequately
resourced this type training either in basic pilot training or
in pre-deployment training. The conferees believe that specific
training in high-altitude and power-limited helicopter flight
can increase effectiveness and reduce accident risks by
ensuring that pilots and crews are properly trained for these
conditions.
The conferees note that the Army National Guard provides
this training at the High-Altitude Aviation Training Site at
Gypsum, Colorado. However, because the National Guard has
neither the helicopters nor funds adequate to fully support
this training mission, units attending the training are
required to fund the transportation of their own equipment and
support personnel to Colorado. This resource shortfall
particularly burdens the National Guard despite the fact that
over 50 percent of the annual student load is active-duty Army
personnel.
Furthermore, the conferees are aware that deploying
aviation units of all services want this training but may not
have the time or aircraft available to take advantage of it
because of the way resources are currently configured and
provided, or because of limitations in regulatory authorities
necessary to share aircraft across services.
Accordingly, the conferees believe that the Department of
Defense should be responsible for a comprehensive review of
high-altitude and power-limited requirements and training to
ensure that helicopter units of all military departments
deploying to environments such as Iraq or Afghanistan have
access to appropriate and necessary pre-deployment training
opportunities.
Reports on safety measures and encroachment issues and master plan for
Warren Grove Gunnery Range, New Jersey (sec. 359)
The Senate amendment contained a provision (sec. 364)
that would require three annual reports on safety efforts at
the Warren Grove Gunnery Range by the services who use it. It
would also require a study by the Secretary of the Air Force on
encroachment issues at the range.
The House bill contained no similar provision.
The House recedes with an amendment that would change the
requirement from a report on encroachment issues to a master
plan for the range.
Report on search and rescue capabilities of the Air Force in the
northwestern United States (sec. 360)
The House bill contained a provision (sec. 367) that
would prohibit the deactivation of the 36th Rescue Flight
assigned to Fairchild Air Force Base in Spokane, Washington.
The Senate amendment contained a similar provision (sec.
361) that would require the Secretary of the Air Force to
provide a report on search and rescue requirements and
capabilities in the northwestern United States to support Air
Force operations and training as well as the National Search
and Rescue Plan. The Senate amendment would also require the
Secretary of Defense to review this report for the purposes of
certification regarding search and rescue capabilities in the
northwestern United States as required by section 1085 of the
Ronald W. Reagan National Defense Authorization Act for Fiscal
Year 2005 (Public Law 108-375).
The House recedes with an amendment that would add an
element to the reporting requirement for an assessment of non-
Air Force search and rescue capabilities in the northwestern
United States.
Report and master infrastructure recapitalization plan for Cheyenne
Mountain Air Station, Colorado (sec. 361)
The House bill contained a provision (sec. 356) that
would prohibit the Secretary of Defense from proceeding with
the relocation of the North American Aerospace Defense (NORAD)
command center until 180 days after the Secretary submits a
report containing a cost-benefit analysis of the relocation,
and the final plans for the relocation. The provision would
also require the Comptroller General of the United States to
submit a review of the report and final plans not later than 60
days after the Secretary submits them.
The Senate amendment contained a related provision (sec.
1050) that would require the Secretary of Defense to submit a
report, not later than 90 days after the date of enactment of
this Act, on the relocation of the NORAD command center,
including a cost-benefit analysis of the relocation and an
explanation of the functions that will remain at Cheyenne
Mountain Air Station, Colorado. The provision would also
require the Secretary of the Air Force to submit, not later
than March 16, 2008, a master infrastructure recapitalization
plan for Cheyenne Mountain Air Station.
The Senate recedes with an amendment that would merge the
reporting requirements of the two provisions and require, as an
added element of the report of the Secretary of Defense, the
findings and recommendations of a security and vulnerability
assessment of Peterson Air Force Base, Colorado and the
Secretary's plans for mitigating any risks identified in the
assessment. The amendment would require the Secretary to submit
the report not later than March 1, 2008. The amendment would
also limit the availability of $5.0 million of the fiscal year
2008 funds for Air Force operation and maintenance for the
Cheyenne Mountain transformation project until Congress
receives the report by the Secretary of Defense. The amendment
would also require the Comptroller General to submit to
Congress a review of the report by the Secretary of Defense not
later than 120 days after the Secretary submits the report.
Subtitle F--Other Matters
Enhancement of corrosion control and prevention functions within
Department of Defense (sec. 371)
The House bill contained a provision (sec. 1041) that
would amend section 2228 of title 10, United States Code, to
make permanent and strengthen the Director of the Office of
Corrosion Policy and Oversight as an independent activity
within the Office of the Under Secretary of Defense for
Acquisition, Technology and Logistics. This section would also
require the Secretary of Defense to submit, with the
Department's annual budget request, a report detailing the
Department's long-term corrosion control and prevention
strategy; the return on investment achieved by implementing the
strategy; and an explanation of the funding request versus the
funding requirement. The Government Accountability Office would
be required to review the Secretary's report within 60 days of
submission.
The Senate amendment contained a similar provision (sec.
351).
The Senate recedes with an amendment that would grant the
Director of the Office of Corrosion Policy and Oversight
authority to interact directly with other government corrosion
prevention agencies and academic research and educational
institutions, including entering into cooperative research
agreements.
Authority for Department of Defense to provide support for certain
sporting events (sec. 372)
The House bill contained a provision (sec. 361) that
would amend section 2564 of title 10, United States Code, to
authorize the Secretary of Defense to support sporting events
sanctioned by the United States Olympic Committee (USOC)
through the Paralympic Military Program. The provision would
also authorize the Secretary to provide support for USOC-
sanctioned national or international paralympic sporting events
when the events are held in the United States and when
participation exceeds 100 athletes.
The Senate amendment contained a similar provision (sec.
358) that would additionally condition support for paralympic
sporting events to those in which at least 10 percent of the
athletes are members or former members of the armed forces who
are participating based upon an injury or wound incurred in the
line of duty and veterans who are participating based on a
service-connected disability.
The House recedes.
Authority to impose reasonable restrictions on payment of full
replacement value for lost or damaged personal property
transported at government expense (sec. 373)
The House bill contained a provision (sec. 362) that
would authorize the Secretary of Defense to require compliance
with reasonable conditions for a military member or civilian
employee of the Department of Defense to receive full
replacement value for personal property lost or damaged while
being transported at government expense.
The Senate amendment contained a similar provision (sec.
355).
The Senate recedes with a technical amendment.
The conferees believe that requiring service members and
civilian employees to submit surveys about the quality of their
permanent change of station moves is a reasonable condition for
obtaining the benefits of the full replacement value standard
for claims relating to lost or damaged personal property.
Survey data is a key factor in rating the quality of service
provided by individual moving companies. In this regard, the
conferees are concerned about potential adverse effects on
capable, service-oriented small business movers resulting from
the implementation of the full replacement value standard for
recovery due to higher costs involved in obtaining liability
insurance. The conferees direct the Secretary of Defense to
analyze the potential effects of implementing full replacement
value on small businesses' and, no later than April 1, 2008, to
provide a report to the congressional defense committees on
these effects and the Secretary's recommendations for improving
small businesses' ability to compete for Department of Defense-
related moves.
Priority transportation on Department of Defense aircraft of retired
members residing in commonwealths and possessions of the United
States for certain health care services (sec. 374)
The House bill contained a provision (sec. 363) that
would increase the priority standing for space available travel
of TRICARE beneficiaries under the age of 65 in commonwealths
or possessions of the United States who are referred by a
primary care physician on the commonwealth or possession for
specialty care outside of the commonwealth or possession.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Recovery of missing military property (sec. 375)
The House bill contained a provision (sec. 364) that
would amend chapter 165 of title 10, United States Code, to add
new sections 2788 and 2789 in order to make uniform among the
military departments the prohibition on unauthorized
disposition of military property and the authority to seize
improperly disposed military property.
The Senate amendment contained a similar provision (sec.
354).
The Senate recedes with an amendment that would require
that seizures of U.S. property take place pursuant to
applicable Department of Defense and service regulations and
that would clarify that transfers of property may take place
between members of the armed forces.
Retention of combat uniforms by members of the armed forces deployed in
support of contingency operations (sec. 376)
The House bill contained a provision (sec. 365) that
would add a new section 4566 to title 10, United States Code,
authorizing the Secretary of the Army to allow soldiers to keep
their combat uniforms if they had been deployed in support of a
contingency operation for at least 30 days.
The Senate amendment contained a similar provision (sec.
356) that would authorize the secretaries of each of the
military departments to allow members of the armed forces under
their jurisdiction to retain their combat uniforms issued as
part of organizational clothing and individual equipment in
connection with their deployment in support of a contingency
operation.
The House recedes with an amendment that would change the
provision to add a new section 2568 to title 10, United States
Code, authorizing the secretaries of each military department
to allow service members under their jurisdiction who are
deployed for at least 30 days in support of contingency
operations to retain combat uniforms issued as organizational
clothing and individual equipment.
Issue of serviceable material of the Navy other than to armed forces
(sec. 377)
The House bill contained a provision (sec. 366) that
would extend to all military departments the same authority
currently provided to the Army to issue excess arms, tentage
and equipment to the Junior Reserve Officers Training Corps in
support of training.
The Senate amendment contained no similar provision.
The Senate recedes.
Reauthorization of Aviation Insurance Program (sec. 378)
The Senate amendment contained a provision (sec. 353)
that would amend section 44310 of title 49, United States Code,
relating to the expiration of chapter 443, Aviation Insurance
Program. The provision would extend the authority of the
Secretary of Transportation to provide insurance and
reinsurance until December 31, 2013.
The House bill contained no similar provision.
The House recedes.
Legislative Provisions Not Adopted
Increase in threshold amount for contracts for procurement of capital
assets in advance of availability of working capital funds for
the procurement
The House bill contained a provision (sec. 321) that
would amend section 2208 of title 10, United States Code, to
increase the authority for the acquisition of capital assets
through the working capital fund from $100,000 to $300,000.
The Senate amendment contained no similar provision.
The House recedes based on the inclusion in the
conference report of a provision (sec. 330) that would make
working capital funds available to the Army to conduct a pilot
program for certain product improvements.
Authorization of use of working capital funds for acquisition of
certain items
The House bill contained a provision (sec. 323) that
would amend section 2208 of title 10, United States Code, by
adding a new paragraph at the end that would establish dollar
thresholds for the Defense Working Capital Funds to acquire
items that support maintenance and technology refreshment and
ensure the viability of core logistics capabilities.
The Senate amendment contained no similar provision.
The House recedes.
Individual body armor
The Senate amendment contained a provision (sec. 324)
that would require a joint technical assessment by the Director
of Defense Research and Engineering (DDR&E) and the Director of
Operational Test and Evaluation (DOT&E) of individual body
armor systems currently available in the domestic market.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the Army has published a request
for proposals to initiate a competition as part of a formal
acquisition to qualify a range of ballistic protection
technologies for individual body armor systems. This
procurement process will include extensive and comprehensive
first article ballistic and environmental testing by the Army
Test and Evaluation Command of articles submitted by all
potential vendors. The conferees are satisfied that, consistent
with the intent of section 324 in the Senate amendment, the
DDR&E and the DOT&E, as well as the Government Accountability
Office, will provide procedural and technical oversight of the
Army's tests. The conferees also acknowledge that an added
benefit of this testing approach is that it will result in an
authoritative procurement decision upon which the Army can act
immediately, ensuring that the best possible individual body
armor capability is qualified, produced, procured, and issued
to our service members without delay.
Additional requirements for annual report on public-private
competitions
The House bill contained a provision (sec. 327) that
would add additional elements to the annual report on the
results of public-private competitions conducted by the
Department of Defense.
The Senate amendment contained no similar provision.
The House recedes.
Sense of Senate on the Air Force logistics centers
The Senate amendment contained a provision (sec. 344)
that would express the sense of the Senate that the Air Force
should work closely with Congress as they develop and implement
the Global Logistics Support Center (GLSC) concept.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the Air Force is developing and
implementing enterprise-wide reorganization and modernization
of its logistics management systems and supporting
technologies. This reorganization includes the creation of the
Global Logistics Support Center that would consolidate several
enterprise approaches to supply chain management. The conferees
expect the Air Force to work closely with Congress to ensure
that management changes enhance Air Logistics Centers'
productivity, increase readiness, and reduce costs.
Plan for optimal use of strategic ports by commander of surface
distribution and deployment command
The House bill contained a provision (sec. 353) that
would require the commander of the Surface Distribution and
Deployment Command (SDDC) to develop a plan to ensure optimal
use of strategic ports.
The Senate amendment contained no similar provision.
The House recedes.
The conferees are encouraged that the SDDC has initiated
a study to address many of the concerns raised in section 353.
The conferees direct that the SDDC shall, not later than April
1, 2008, submit to the Committees on Armed Services of the
House of Representatives and the Senate a plan to optimize the
use of strategic ports. The conferees further direct that the
SDDC's plan shall include:
(1) the location, cost effectiveness, personnel and
equipment requirements, and utilization of resources
for each strategic port;
(2) an analysis of how each strategic port is
selected and how the effect of limitations imposed by
the Secretary of Defense on commercial shipping options
for certain routes and cargo sizes impacts each port;
(3) provisions for consultation with local port
authorities at strategic ports that do and do not have
a permanent SDDC presence; and
(4) the effect of Department of Transportation
policy initiatives to encourage international code
sharing and alliances.
Report on public-private partnerships
The House bill contained a provision (sec. 357) that
would require the Secretary of Defense to submit a report on
the public-private partnerships at the Department of Defense
Centers of Industrial and Technical Excellence (CITEs).
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to submit a
report to the Committees on Armed Services of the House of
Representatives and the Senate by March 1, 2008, that
describes:
(1) common approaches and procedures for Department
of Defense CITEs to use in the implementation of
public-private partnerships;
(2) consistent cost methodologies and reimbursement
guidance applicable to maintenance and repair workload
performed by Federal Government personnel participating
in public-private partnerships;
(3) implementation procedures for completing
contract negotiations for public-private partnerships
within 12 months of initiating negotiations;
(4) the Secretary's use in a public-private
partnership of commercial practices to replace existing
inventory and component management, technical
publication data, document management, and equipment
maintenance and calibration requirements;
(5) delegation during a public-private partnership
of Class 2 design authority based on commercial
practices to maintain the form, fit, and function of a
weapon system platform, major end item, component of a
major end item, or article; and
(6) plans to expand core capabilities through the
use of public-private partnerships at Department of
Defense CITEs.
The conferees direct the Comptroller General to review
the Department's report for completeness and submit the review
to the Committees on Armed Services of the House of
Representatives and Senate by May 1, 2008.
Continuity of depot operations to reset combat equipment and vehicles
in support of wars in Iraq and Afghanistan
The Senate amendment contained a provision (sec. 360)
that would require the Secretary of Defense to submit to the
congressional defense committees a report on the challenges of
implementing the transfer of depot supply, storage, and
distribution functions and impacts on production, including
parts reclamation and refurbishment.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the 2005 Base Realignment and
Closure (BRAC) round consolidates depot level supply, storage,
and distribution functions at the Defense Logistics Agency
(DLA). A recent Government Accountability Office report raises
questions about the Department of Defense's business plan to
implement this consolidation indicating that there are depot
management risks associated with the loss of control of parts
needed within the depots' production processes.
The conferees direct that, not later than June 1, 2008,
the Secretary of Defense shall submit to the congressional
defense committees a report on the implementation of the
consolidation of depot supply, storage, and distribution
functions with the DLA as required by the 2005 BRAC.
This report shall describe:
(1) the adequacy of the Department's business plan
to:
(a) efficiently and effectively transfer
depot supply, storage, and distribution
functions to the DLA;
(b) reduce the risk of disrupting depot
production and parts reclamation and
refurbishment;
(c) ensure the availability and
responsiveness of DLA supply personnel and
facilities to meet depot throughput needs,
including potential impact on depot turnaround
time; and
(d) ensure the authority and control of
depot commanders to manage supply, storage, and
distribution personnel and facilities
throughout the production process, particularly
with respect to overtime scheduling and meeting
surge requirements.
(2) the current estimated costs and projected
savings of implementing the transfer:
(3) the estimated impact of the transfer on the
hourly rates charged by the DLA and depots; and
(4) the number of personnel positions affected by
type and depot.
The conferees further direct that, not later than
September 30, 2008, the Comptroller General of the United
States shall review the report submitted by the Secretary of
Defense and submit to the congressional defense committees an
assessment of the matters addressed in such report.
Sense of Congress on future use of synthetic fuels in military systems
The Senate amendment contained a provision (sec. 363)
that would express the sense of Congress on the future use of
synthetic fuels in military systems.
The House bill contained no similar provision.
The Senate recedes.
The conferees agree that the Department of Defense should
continue and, as appropriate, accelerate the testing and
certification of alternative fuels including synthetically
derived liquid petroleum, unconventional oil (including oil
shale and tar sands), biologically derived fuels (including
bio-jet fuel, ethanol, and biodiesel), and non-liquid fuels
(including hydrogen and electricity) for use in all military
air, ground, and sea systems.
Limitation on the expenditure of funds for initial flight screening at
Pueblo Memorial Airport
The House bill contained a provision (sec. 368) that
would prohibit the expenditure of funds for initial flight
screening at Pueblo Memorial Airport in Pueblo, Colorado, until
the Air Force and the City of Pueblo have developed a plan to
meet the Air Force crash, fire, and rescue requirements to
support Air Force flight training operations.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Air Force has reached an
agreement with the Pueblo Memorial Airport that establishes
responsibilities and proportional sharing of costs for the
operation and maintenance of the flying facilities jointly used
by military and non-military aircraft. The conferees expect
that the Air Force will sign this agreement without delay.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
End strengths for active forces (sec. 401)
The House bill contained a provision (sec. 401) that
would authorize the following end strengths for active-duty
personnel of the armed forces as of September 30, 2008: Army,
525,400; Navy, 329,098; Marine Corps, 189,000; and Air Force,
329,651. The House provision included increases of 36,000 and
9,000 for the Army and Marine Corps, respectively, to support
those services' growth in ground forces. The House provision
also included increases of 489 Navy personnel to restore a
reduction in end strength in Navy medicine, and it restored 209
and 963 military positions in the Navy and Air Force,
respectively, for military-to-civilian conversions programmed
for fiscal year 2008 by the Department of Defense.
The Senate amendment contained a similar provision (sec.
401) that would authorize active-duty end strengths of 328,400
for the Navy and 328,600 for the Air Force, and identical end
strengths for the Army and Marine Corps.
The Senate recedes with an amendment that would authorize
an end strength of 329,563 for the Air Force.
The conferees recommend end strength levels for the
active forces for fiscal year 2007 as set forth in the
following table:
----------------------------------------------------------------------------------------------------------------
FY 2008 Change from
FY 2007 ----------------------------------------------------------------
Service authorized Conferee FY 2008 FY 2007
Request recommendation request authorized
----------------------------------------------------------------------------------------------------------------
Army........................... 512,400 489,400 525,400 36,000 13,000
Navy........................... 340,700 328,400 329,098 698 -11,602
Marine Corps................... 180,000 180,000 189,000 9,000 9,000
Air Force...................... 334,200 328,600 329,563 963 -4,637
--------------------------------------------------------------------------------
DOD Total.................. 1,367,300 1,326,400 1,373,061 46,661 -5,761
----------------------------------------------------------------------------------------------------------------
Revision in permanent active duty end strength minimum levels (sec.
402)
The House bill contained a provision (sec. 402) that
would establish the following minimum end strengths for active-
duty personnel as of September 30, 2008: Army, 525,400; Navy,
329,098; Marine Corps, 189,000; and Air Force, 329,563.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would establish
minimum end strengths for active-duty personnel of 328,400 and
328,600 for the Navy and the Air Force, respectively.
The conferees recommend minimum end strength levels for
active forces as set forth in the following table:
----------------------------------------------------------------------------------------------------------------
FY 2008 Change from
FY 2007 -------------------------------------
Service authorized Conferee
recommendation FY 2007
----------------------------------------------------------------------------------------------------------------
Army................................................... 502,400 525,400 23,000
Navy................................................... 340,700 328,400 -12,300
Marine Corps........................................... 180,000 189,000 9,000
Air Force.............................................. 334,200 328,600 -5,600
--------------------------------------------------------
DOD Total.......................................... 1,357,300 1,371,400 14,100
----------------------------------------------------------------------------------------------------------------
Additional authority for increases of Army and Marine Corps active duty
end strengths for fiscal years 2009 and 2010 (sec. 403)
The House bill contained a provision (sec. 403) that
would authorize additional active-duty end strength for the
Army and the Marine Corps in fiscal years 2009 and 2010 above
the strengths authorized for those services in fiscal year
2008. Over the 2-year period, the Army and Marine Corps would
be authorized to increase active-duty end strength above their
fiscal year 2008 authorizations by 22,000 and 13,000,
respectively.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Increase in authorized strengths for Army officers on active duty in
the grade of major (sec. 404)
The House bill contained a provision (sec. 404) that
would amend section 523(a)(1) of title 10, United States Code,
to increase the number of Army officers authorized to serve in
the grade of major.
The Senate amendment contained a similar provision (sec.
501).
The Senate recedes.
Increase in authorized strengths for Navy officers on active duty in
the grades of lieutenant commander, commander, and captain
(sec. 405)
The House bill contained a provision (sec. 405) that
would amend the table in section 523(a)(2) of title 10, United
States Code, to increase the number of Navy officers authorized
to serve on active duty in the grades of lieutenant commander,
commander, and captain.
The Senate amendment contained a similar provision (sec.
502).
The Senate recedes with a technical amendment.
Increase in authorized daily average of number of members in pay grade
E-9 (sec. 406)
The Senate amendment contained a provision (sec. 521)
that would amend section 517(a) of title 10, United States
Code, to authorize an increase from 1 percent to 1.25 percent
on the upper limit of the authorized daily average of active-
duty enlisted members in pay grade E-9.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Subtitle B--Reserve Forces
End strengths for Selected Reserve (sec. 411)
The House bill contained a provision (sec. 411) that
would authorize the following end strengths for Selected
Reserve personnel, including the end strengths for reserves on
active duty in support of the reserves as of September 30,
2008: the Army National Guard of the United States, 351,300;
the Army Reserve, 205,000; the Navy Reserve, 67,800; the Marine
Corps Reserve, 39,600; the Air National Guard of the United
States, 106,700; the Air Force Reserve, 67,500; and the Coast
Guard Reserve, 10,000.
The Senate amendment contained a similar provision (sec.
411).
The Senate recedes with a technical amendment.
The conferees recommend end strength levels for the
Selected Reserve for fiscal year 2008 as set forth in the
following table:
----------------------------------------------------------------------------------------------------------------
FY 2008 Change from
FY 2007 ----------------------------------------------------------------
Service authorized Conferee FY 2008 FY 2007
Request recommendation request authorized
----------------------------------------------------------------------------------------------------------------
Army National Guard............ 350,000 351,300 351,300 0 1,300
Army Reserve................... 200,000 205,000 205,000 0 5,000
Navy Reserve................... 71,300 67,800 67,800 0 -3,500
Marine Corps Reserve........... 39,600 39,600 39,600 0 0
Air National Guard............. 107,000 106,700 106,700 0 -300
Air Force Reserve.............. 74,900 67,500 67,500 0 -7,400
--------------------------------------------------------------------------------
DOD Total.................. 842,800 837,900 837,900 0 -4,900
Coast Guard Reserve............ 10,000 10,000 10,000 0 0
----------------------------------------------------------------------------------------------------------------
End strengths for Reserves on active duty in support of the reserves
(sec. 412)
The House bill contained a provision (sec. 412) that
would authorize the following end strengths for Reserves on
active duty in support of the reserve components as of
September 30, 2008: the Army National Guard of the United
States, 29,240; the Army Reserve, 15,870; the Navy Reserve,
11,579; the Marine Corps Reserve, 2,261; the Air National Guard
of the United States, 13,944; and the Air Force Reserve, 2,721.
The Senate amendment contained a similar provision (sec.
412) that would authorize end strengths of 29,204 for the Army
National Guard of the United States; 13,936 for the Air
National Guard of the United States; and identical end
strengths for the other services.
The House recedes.
The conferees recommend end strength levels for Reserves
on active duty in support of the reserves as set forth in the
following table:
----------------------------------------------------------------------------------------------------------------
FY 2008 Change from
FY 2007 ----------------------------------------------------------------
Service authorized Conferee FY 2008 FY 2007
Request recommendation request authorized
----------------------------------------------------------------------------------------------------------------
Army National Guard............ 27,441 29,204 29,204 0 1,763
Army Reserve................... 15,416 15,870 15,870 0 454
Navy Reserve................... 12,564 11,579 11,579 0 -985
Marine Corps Reserve........... 2,261 2,261 2,261 0 0
Air National Guard............. 13,291 13,936 13,936 0 645
Air Force Reserve.............. 2,707 2,721 2,721 0 14
--------------------------------------------------------------------------------
DOD Total.................. 73,680 75,571 75,571 0 1,891
----------------------------------------------------------------------------------------------------------------
End strengths for military technicians (dual status) (sec. 413)
The House bill contained a provision (sec. 413) that
would authorize the following end strengths for military
technicians (dual status) as of September 30, 2008: the Army
Reserve, 8,249; the Army National Guard of the United States,
26,502; the Air Force Reserve, 9,909; the Air National Guard of
the United States, 22,553.
The Senate amendment contained an identical provision
(sec. 413).
The conference agreement includes this provision.
The conferees recommend end strength levels for military
technicians (dual status) as set forth in the following table:
----------------------------------------------------------------------------------------------------------------
FY 2008 Change from
FY 2007 ----------------------------------------------------------------
Service authorized Conferee FY 2008 FY 2007
Request recommendation request authorized
----------------------------------------------------------------------------------------------------------------
Army Reserve................... 7,912 8,249 8,249 0 337
Army National Guard............ 26,050 26,502 26,502 0 452
Air Force Reserve.............. 10,124 9,909 9,909 0 -215
Air National Guard............. 23,255 22,553 22,553 0 -702
--------------------------------------------------------------------------------
DOD Total.................. 67,341 67,213 67,213 0 -128
----------------------------------------------------------------------------------------------------------------
Fiscal year 2008 limitation on number of non-dual status technicians
(sec. 414)
The House bill contained a provision (sec. 414) that
would establish the maximum end strengths for the reserve
components of the Army and Air Force for non-dual status
technicians as of September 30, 2008.
The Senate amendment contained an identical provision
(sec. 414).
The conference agreement includes this provision.
Maximum number of reserve personnel authorized to be on active duty for
operational support (sec. 415)
The House bill contained a provision (sec. 415) that
would authorize the maximum number of reserve component
personnel who may be on active duty or full-time National Guard
duty under section 115(b) of title 10, United States Code,
during fiscal year 2008 to provide operational support.
The Senate amendment contained an identical provision
(sec. 415).
The conference agreement includes this provision.
Future authorizations and accounting for certain reserve component
personnel authorized to be on active duty or full-time National
Guard duty to provide operational support (sec. 416)
The House bill contained a provision (sec. 416) that
would require the Secretary of Defense to review the long-term
operational support missions performed by reserve component
personnel under section 115(b) of title 10, United States Code,
and to submit the results of that review to the congressional
defense committees by March 1, 2008. The provision would also
require that future budget justification materials provided to
the Congress include data regarding the numbers of reservists
projected to be on active-duty or full-time National Guard duty
for operational support under section 115(b) and a summary of
the missions they would be performing.
The Senate amendment contained no similar provision.
The Senate recedes.
Revision of variances authorized for Selected Reserve end strengths
(sec. 417)
The House bill contained a provision (sec. 417) that
would amend section 115(f)(3) of title 10, United States Code,
to authorize the Secretary of Defense to vary the end strength
for a fiscal year for the Selected Reserve of any of the
reserve components by a number equal to not more than 3 percent
of that end strength.
The Senate amendment contained a similar provision (sec.
416).
The Senate recedes.
Subtitle C--Authorization of Appropriations
Military personnel (sec. 421)
The House bill contained a provision (sec. 421) that
would provide an overall limit on the amounts authorized to be
appropriated for the military personnel accounts of the
Department of Defense for fiscal year 2008.
The Senate amendment contained a similar provision (sec.
421).
The conference agreement includes this provision.
The conferees agree to the following changes from the
budget request for the military personnel accounts:
[Additions in millions of dollars]
Increased military pay raise...................................... 308.6
Reimburse travel expenses for specialty care...................... 1.0
Presumption of service-connected disabilities..................... 17.0
Increased retiree health care costs............................... 6.0
Increased accrual payments/increased retirements.................. 2.0
Enhanced disability severance pay................................. 30.0
Transitional assistance........................................... 5.0
Restore Navy medical personnel cut of 498......................... 45.8
Restore mil. to civ. medical conversions--Navy.................... 45.5
Restore mil. to civ. medical conversions--Air Force............... 67.7
Control grade officers............................................ 75.0
Increase in monthly rate of Hardship Duty Pay..................... 79.0
Travel allowance for inactive-duty training....................... 108.0
Health Professional Scholarship accession bonus................... 15.0
Loan repayment for reserves....................................... 1.0
Accumulated leave carryover....................................... 5.0
______
Total......................................................... 811.5
Legislative Provision Not Adopted
Offsetting transfers from the National Defense Stockpile Transaction
Fund
The House bill contained a provision (sec. 423) that
would require the Secretary of Defense to transfer funds from
the National Defense Stockpile Transaction Fund.
The Senate amendment contained no similar provision.
The House recedes.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Assignment of officers to designated positions of importance and
responsibility (sec. 501)
The House bill contained a provision (sec. 501) that
would amend section 601(b) of title 10, United States Code, to
authorize officers serving in the grades of lieutenant general
or vice admiral and general or admiral to continue for up to 60
days to hold those grades following reassignment from positions
authorized for those grades, unless sooner placed under orders
to another position authorized for those grades.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Enhanced authority for reserve general and flag officers to serve on
active duty (sec. 502)
The Senate amendment contained a provision (sec. 508)
that would amend section 526(d) of title 10, United States
Code, to exclude from the limitations on the number of general
and flag officers on active duty certain reserve general and
flag officers serving on active duty for not more than 365
days. The total number of these officers could not exceed 10
percent of the number of reserve component general and flag
officers authorized to be in an active status under section
12004 of title 10, United States Code.
The House bill contained no similar provision.
The House recedes.
Increase in years of commissioned service threshold for discharge of
probationary officers and for use of force shaping authority
(sec. 503)
The House bill contained a provision (sec. 502) that
would amend sections 630, 647, and 14503 of title 10, United
States Code, to provide that the secretaries of the military
departments, under regulations prescribed by the Secretary of
Defense, may discharge active or reserve component officers who
have less than 6 years of active commissioned service or
service in an active-status as a commissioned officer. The
provision would also authorize discharge or transfer to the
reserve active-status list for force restructuring purposes of
officers with less than 6 years of service.
The Senate amendment contained no similar provision.
The Senate recedes.
Mandatory retirement age for active-duty general and flag officers
continued on active duty (sec. 504)
The Senate amendment contained a provision (sec. 504)
that would amend section 637(b)(3) of title 10, United States
Code, relating to deferral of retirement and continuation on
active duty of regular flag and general officers to conform
with recently enacted extended age limits for mandatory
retirement of general and flag officers serving on active duty
that were included in section 502 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364).
The House bill contained no similar provision.
The House recedes with a technical amendment.
Authority for reduced mandatory service obligation for initial
appointments of officers in critically short health
professional specialties (sec. 505)
The House bill contained a provision (sec. 531) that
would amend section 651 of title 10, United States Code, to
authorize the Secretary of Defense to reduce the 8-year minimum
service obligation to 2 years for initial appointment of a
commissioned officer in a critically short health professional
specialty.
The Senate amendment contained a similar provision (sec.
505) that would provide that the minimum period of service
under such a waiver would be the greater of 2 years or the
period of obligated service associated with receipt of an
accession bonus or special pay.
The House recedes with a clarifying amendment.
Expansion of authority for reenlistment of officers in their former
enlisted grade (sec. 506)
The House bill contained a provision (sec. 532) that
would amend sections 3258 and 8258 of title 10, United States
Code, to authorize Regular Army and Air Force officers to
reenlist in their former enlisted grade when separation as an
officer is under honorable conditions and the officer is
otherwise qualified for reenlistment.
The Senate amendment contained a similar provision (sec.
507).
The House recedes.
Increase in authorized number of permanent professors at the United
States Military Academy (sec. 507)
The Senate amendment contained a provision (sec. 506)
that would amend section 4331(b) of title 10, United States
Code, to increase from 22 to 28 the authorized number of
permanent professors at the United States Military Academy.
The House bill contained no similar provision.
The House recedes.
Promotion of career military professors of the Navy (sec. 508)
The House bill contained a provision (sec. 503) that
would amend section 641 of title 10, United States Code, to
authorize the promotion of an officer of the Navy or Marine
Corps serving as a permanent professor at the Naval Academy in
the grade of commander or lieutenant colonel to the grade of
captain or colonel upon completion of 6 years of service as a
permanent military professor or career military professor.
The Senate amendment contained a provision (sec. 509)
that would amend chapter 603 of title 10, United States Code,
to authorize promotion of career military professors of the
Navy to the grade of captain or colonel not earlier than 3
years after selection as a permanent professor, pursuant to
regulations prescribed by the Secretary of the Navy, which must
include a competitive selection board process.
The House recedes with an amendment that would require
the Secretary of Defense to conduct an assessment of the
effectiveness of the promotion system established by this
section and report the results of the assessment to the
congressional defense committees no later than December 31,
2009, and that would require the Secretary of the Navy to
submit a report regarding the need for any additional grade
limitation exemptions by March 31, 2008.
Subtitle B--Reserve Component Management
Retention of military technicians who lose dual status in the Selected
Reserve due to combat-related disability (sec. 511)
The House bill contained a provision (sec. 514) that
would amend section 10216 of title 10, United States Code, to
authorize: (1) a military technician (dual status) to continue
employment as a military technician when the technician loses
military status as a result of a combat-related disability; (2)
the secretary concerned to waive temporarily the requirement
that a military technician maintain membership in the Selected
Reserve to fill the position of a military technician (dual
status) while that position is vacant as a result of the
mobilization of the technician normally assigned to that
position; and (3) the secretary concerned to defer mandatory
separation of a military technician (dual status) until the
technician attains eligibility for an unreduced annuity, but
not beyond age 62.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
retention until age 60 of a military technician (dual status)
as a military technician if the technician loses dual status as
the result of a combat-related disability and is otherwise
qualified for the position.
Constructive service credit upon original appointment of reserve
officers in certain health care professions (sec. 512)
The House bill contained a provision (sec. 512) that
would amend section 12207(b) of title 10, United States Code,
to authorize the granting of sufficient constructive service
credit to persons receiving original appointments as reserve
officers in critically short health care professions to be
appointed in the grade of captain, or in the Navy Reserve,
lieutenant.
The Senate amendment contained no similar provision.
The Senate recedes.
Mandatory separation of reserve officers in the grade of lieutenant
general or vice admiral after completion of 38 years of
commissioned service (sec. 513)
The House bill contained a provision (sec. 511) that
would amend section 14508 of title 10, United States Code, to
require separation from active status of reserve component
officers serving in the grades of lieutenant general or vice
admiral 30 days after completion of 38 years of commissioned
service.
The Senate amendment contained a similar provision (sec.
534) that would also require separation from active status of
these officers on the fifth anniversary of the date of an
officer's appointment in the grade of lieutenant general or
vice admiral, whichever is later.
The Senate recedes with an amendment that would require
separation from active status of these officers upon completion
of 5 years of service in grade or 30 days after completion of
38 years of commissioned service, whichever is later.
Maximum period of temporary federal recognition of person as Army
National Guard officer or Air National Guard officer (sec. 514)
The House bill contained a provision (sec. 513) that
would amend section 308(a) of title 32, United States Code, to
extend the period that members of the National Guard may be
granted temporary federal recognition from 6 months to 1 year.
The Senate amendment contained a similar provision (sec.
535).
The Senate recedes with a technical amendment.
Advance notice to members of reserve components of deployment in
support of contingency operations (sec. 515)
The House bill contained a provision (sec. 517) that
would require a minimum of 30 days advance notice, with a goal
of 90 days advance notice, to a member of a reserve component
called or ordered to active duty for a period of more than 30
days in support of a contingency operation.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Report on relief from professional licensure and certification
requirements for reserve component members on long-term active
duty (sec. 516)
The Senate amendment contained a provision (sec. 536)
that would amend sections 1819(b)(5) and 1919(b)(5) of the
Social Security Act to allow certain National Guard and reserve
nurse aides who are called to active duty extra time, beginning
July 1, 2007 and ending on September 30, 2008, to complete
training and competency evaluations required by law. In
addition, the provision would require the Secretary of Defense
to report on the need for legislation to provide for the
exemption of professional or other licensure or certification
requirements for National Guard and reserve members who are
placed on active duty for an extended period of time.
The House bill contained no similar provision.
The House recedes with an amendment that would delete the
authorization for additional time for certification as required
by the Social Security Act. The amendment would require a study
by the Comptroller General of the United States to: (1)
identify the number and type of licensure or certification
requirements that could be impacted by extended periods of
active duty; and (2) determine means to provide relief from
such requirements if necessary.
Subtitle C--Education and Training st
Revisions to authority to pay tuition for off-duty training or
education (sec. 521)
The House bill contained a provision (sec. 523) that
would authorize the secretaries of the military services, or
the Secretary of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Navy, to pay
tuition and related expenses to certain members of the Ready
Reserve.
The Senate amendment contained a similar provision (sec.
671).
The Senate recedes with a technical amendment.
Reduction or elimination of service obligation in an Army Reserve or
Army National Guard troop program unit for certain persons
selected as medical students at Uniformed Services University
of the Health Sciences (sec. 522)
The House bill contained a provision (sec. 521) that
would amend section 2107a(b) of title 10, United States Code,
to authorize the Secretary of the Army to modify agreements
entered into by cadets in the Reserve Officers' Training
Scholarship Program who are selected to be medical students at
the Uniformed Services University of the Health Sciences or to
participate in the Armed Forces Health Professions Scholarship
and Financial Assistance program. Under this provision, the
Secretary would be authorized to reduce or eliminate troop
program unit service obligations and to establish, in lieu of
that obligation, an active-duty service obligation upon a
determination that it is in the best interests of the United
States to modify the agreement and with the consent of the
member involved.
The Senate amendment contained no similar provision.
The Senate recedes.
Repeal of annual limit on number of ROTC scholarships under Army
Reserve and Army National Guard financial assistance program
(sec. 523)
The House bill contained a provision (sec. 522) that
would amend section 2107a(h) of title 10, United States Code,
to increase from 416 to 424 the limit on the number of Reserve
Officer Training Corps (ROTC) scholarships that may be awarded
to cadets who agree to serve in the reserve components of the
Army.
The Senate amendment contained a similar provision (sec.
557) that would amend section 2107a(h) of title 10, United
States Code, to repeal the limit on the number of ROTC
scholarships that may be awarded to cadets who agree to serve
in the reserve components of the Army.
The House recedes.
Treatment of prior active service of members in uniformed medical
accession programs (sec. 524)
The Senate amendment contained a provision (sec. 551)
that would amend sections 2114(b) and 2121(c) of title 10,
United States Code, to require that medical students at the
Uniformed Services University of the Health Sciences and
persons participating in the armed forces Health Professions
Scholarship and Financial Assistance Programs who have prior
commissioned service, serve, while on active duty, in pay grade
O-1, or in pay grade O-2 if they meet specified promotion
criteria prescribed by the service secretary. The provision
would also amend section 2004a of title 10, United States Code,
to impose the same limitations regarding the pay grade and
service credit exclusion on officers on active duty with prior
commissioned service who are detailed as students at medical
schools under section 2004a.
The House bill contained no similar provision.
The House recedes with an amendment that would provide
that medical students at the Uniformed Services University of
the Health Sciences and persons participating in the armed
forces Health Professions Scholarship and Financial Assistance
Programs with prior active service would continue to receive
basic pay based on their former grade and years of service if
that pay would be greater than the rate of basic pay for
regular officers in the grade of second lieutenant or ensign.
The provision would also amend section 2004a of title 10,
United States Code, to provide that any officer detailed under
this section to attend medical school would be required to
revert to the grade of ensign or second lieutenant while
receiving pay based on their prior grade or years of service.
Repeal of post-2007-2008 academic year prohibition on phased increase
in cadet strength limit at the United States Military Academy
(sec. 525)
The Senate amendment contained a provision (sec. 553)
that would amend section 4342 of title 10, United States Code,
to extend the authority of the Secretary of the Army to
increase by up to 100 cadets per year the size of the Corps of
Cadets at the United States Military Academy to a maximum of
4,400 cadets.
The House bill contained no similar provision.
The House recedes.
National Defense University master's degree programs (sec. 526)
The House bill contained a provision (sec. 524) that
would amend section 2163 of title 10, United States Code, to
authorize the President of the National Defense University to
award a master of arts degree in strategic security studies to
graduates of the School for National Security Executive
Education.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Authority of the Air University to confer degree of master of science
in flight test engineering (sec. 527)
The Senate amendment contained a provision (sec. 555)
that would amend section 9317(a) of title 10, United States
Code, to authorize the commander of the Air University to
confer the degree of doctor of philosophy in strategic studies
upon graduates of the School of Advanced Airpower Studies; the
degree of master of air, space, and cyberspace studies upon
graduates of Air University; and the degree of master of flight
test engineering science upon graduates of the Air Force Test
Pilot School.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the commander of the Air University to confer the degree of
master of science in flight test engineering upon graduates of
the Air Force Test Pilot School.
Enhancement of education benefits for certain members of reserve
components (sec. 528)
The Senate amendment contained a provision (sec. 674)
that would authorize an accelerated payment program for the
educational benefits in chapters 1606 and 1607 of title 10,
United States Code. The provision would also expand the
eligibility criteria for attaining the maximum benefit for the
education benefit under chapter 1607 of title 10, United States
Code to 3 cumulative years of active service. Finally, the
provision would create a buy-up program for service members
eligible for the education benefit under chapter 1607 of title
10, United States Code.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Extension of period of entitlement to educational assistance for
certain members of the Selected Reserve affected by force
shaping initiatives (sec. 529)
The Senate amendment contained a provision (sec. 675)
that would eliminate the service requirement for continued
eligibility for education benefits under chapter 1606 of title
10, United States Code, for service members who have been
affected by base realignment and closure or other force shaping
initiatives.
The House bill contained no similar provision.
The House recedes.
Time limit for use of educational assistance benefit for certain
members of reserve components and resumption of benefit (sec.
530)
The House bill contained a provision (sec. 530) that
would express the sense of Congress that the time limitation
for use of education benefits under chapter 1607 of title 10,
United States Code, should be extended to allow an individual
entitled to such benefits to use those benefits for 10 years
following separation from a reserve component.
The Senate amendment contained a similar provision (sec.
676) that would authorize a service member entitled to
education benefits under chapter 1607 of title 10, United
States Code, to use those benefits for 10 years after
separation from a reserve component.
The House recedes with an amendment that would allow
service members separated from a reserve component, who prior
to separation were eligible for benefits under chapter 1607 of
title 10, United States Code, to reclaim eligibility for those
benefits upon rejoining a reserve component and to use those
benefits for 10 years following any subsequent separation.
Secretary of Defense evaluation of the adequacy of the degree-granting
authorities of certain military universities and educational
institutions (sec. 531)
The House bill contained a provision (sec. 526) that
would require the Secretary of Defense to evaluate the degree-
granting authorities of certain military universities and
educational institutions to assess whether the current process
remains adequate, appropriate, and responsive to meet emerging
military service education requirements. The Secretary would be
required to submit a report on the evaluation to the Committees
on Armed Services of the Senate and the House of
Representatives no later than April 1, 2008.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense, as part of
the evaluation and report required under this section, to
thoroughly review various proposals by the United States Air
Force for expanded authority for the Commander of the Air
University to grant degrees to attendees of the schools of the
Air University. These proposals include, among others,
authority to allow the Commander of the Air University to grant
bachelor's and master's of arts degrees, and the degree of
doctor of philosophy in strategic studies. The conferees
believe that these Air Force initiatives raise important
questions about the role of the services in providing advanced
education and that the Department must be more proactive in
providing timely guidance and coordination in this key area
affecting retention and career progression for both officer and
enlisted personnel. The Secretary should provide an assessment
of these proposals and recommendations for legislation, if
required.
Report on success of Army National Guard and Reserve Senior Reserve
Officers' Training Corps financial assistance program (sec.
532)
The House bill contained a provision (sec. 529) that
would require the Secretary of Defense to ensure that Senior
Reserve Officer's Training Corps (SROTC) scholarships are
available to students attending historically Black colleges and
universities, minority institutions, and Hispanic-serving
institutions.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of the Army to submit a report to the Committees
on Armed Services of the Senate and House of Representatives on
the success of the financial assistance program of the SROTC in
securing the appointment of second lieutenants in the Army
Reserve and the Army National Guard. The report would include
detailed information on the appointment of cadets enrolled in
historically Black colleges or universities, minority
institutions, and Hispanic-serving institutions and address
efforts to increase awareness of the availability and
advantages of appointment in the SROTC at these institutions
and to increase the number of cadets at these institutions.
The conferees encourage the Secretary of the Army to
expand the Army's outreach program to students attending
historically Black colleges or universities, minority
institutions, and Hispanic-serving institutions, and to ensure
that SROTC scholarships are available to qualified students at
these institutions.
Report on utilization of tuition assistance by members of the armed
forces (sec. 533)
The Senate amendment contained a provision (sec. 673)
that would require the secretary of each of the military
departments to submit to the congressional defense committees
by April 1, 2008 a report on the utilization of tuition
assistance by members of the armed forces, both in the regular
and reserve components, during fiscal year 2007.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Navy Junior Reserve Officers' Training Corps unit for Southold,
Mattituck, and Greenport High Schools (sec. 534)
The House bill contained a provision (sec. 527) that
would authorize the Southold, Mattituck, and Greenport High
Schools, located in Southold, New York, to be treated as a
single institution for the purposes of maintaining a Navy
Junior Reserve Officers' Training Corps unit.
The Senate amendment contained a similar provision (sec.
554).
The Senate recedes with a technical amendment.
Report on transfer of administration of certain educational assistance
programs for members of the reserve components (sec. 535)
The House bill contained a provision (sec. 525) that
would recodify the reserve educational assistance programs in
chapters 1606 and 1607 of title 10, United States Code, from
title 10 to title 38, United States Code, and transfer
administration of those programs to the Department of Veterans
Affairs.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense, in cooperation with the Secretary of
Veterans Affairs, to submit to the congressional defense and
veterans affairs committees a report on the feasibility and
merits of transferring the administration of the educational
assistance programs for members of the reserve components
contained in chapters 1606 and 1607 of title 10, United States
Code, from the Department of Defense to the Department of
Veterans Affairs, no later than September 1, 2008. The
provision would further require both the Defense Business
Board, in cooperation with the Reserve Forces Policy Board, and
the Veterans Affairs Advisory Committee on Education to review
the report, and provide their independent reviews. The
provision would also require the Comptroller General of the
United States to assess the study and to report to the
congressional defense and veterans affairs committees the
results of that assessment by November 1, 2008.
Subtitle D--Military Justice and Legal Assistance Matters
Authority to designate civilian employees of the Federal Government and
dependents of deceased members as eligible for legal assistance
from Department of Defense legal staff resources (sec. 541)
The House bill contained a provision (sec. 541) that
would amend section 1044(a) of title 10, United States Code, to
authorize the provision of legal assistance to certain civilian
employees of the Federal Government serving with, or preparing
to serve with, an armed force in support of a contingency
operation.
The Senate amendment contained a similar provision (sec.
572) that would clarify the authority of the service
secretaries to provide legal assistance to civilian employees
of the Department of Defense in locations where legal
assistance from non-military legal assistance providers is not
reasonably available.
The Senate recedes with an amendment that would authorize
the provision of legal assistance to survivors of deceased
members or former members who were dependents of the member or
former member at the time of the member's death and to civilian
employees of the Federal Government serving in locations where
legal assistance from non-military legal assistance providers
is not reasonably available.
Authority of judges of the United States Court of Appeals for the Armed
Forces to administer oaths (sec. 542)
The Senate amendment contained a provision (sec. 571)
that would amend section 936 of title 10, United States Code,
to authorize judges of the United States Court of Appeals for
the Armed Forces to administer oaths.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Modification of authorities on senior members of the Judge Advocate
Generals' Corps (sec. 543)
The Senate amendment contained a provision (sec. 573)
that would require that the Judge Advocates General of the
Army, Navy, and Air Force serve in the grade of lieutenant
general or vice admiral, and would exclude them from the
authorized number of officers serving in grades above major
general or rear admiral. The provision would also authorize the
position of Legal Counsel to the Chairman of the Joint Chiefs
of Staff, and would require that the officer appointed to this
position serve in the grade of brigadier general or rear
admiral (lower half) and be recommended by a board of officers
convened by the Secretary of Defense.
The House bill contained no similar amendment.
The House recedes with an amendment that would amend
section 525(b) of title 10, United States Code, to increase
from 15.7 to 16.3 the percentage of general officers or
admirals in a military service that may be appointed above the
grade of major general or rear admiral. The House amendment
would also require the Secretary of Defense to develop a
strategic plan linking the missions and requirements of the
Department of Defense for general and flag officers to the
statutory limits on the numbers of general and flag officers,
and current assignment, promotion, and joint officer
development policies for general and flag officers.
Prohibition against members of the armed forces participating in
criminal street gangs (sec. 544)
The House bill contained a provision (sec. 579) that
would require the Secretary of Defense to revise Department of
Defense Directive 1325.6 to include membership in a criminal
street gang among the list of prohibited activities by members
of the armed forces.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to prescribe regulations to prohibit
the active participation by members of the armed forces in a
criminal street gang.
Subtitle E--Military Leave
Temporary enhancement of carryover of accumulated leave for members of
the armed forces (sec. 551)
The Senate amendment contained a provision (sec. 591)
that would increase for all service members the number of days
of accumulated leave they may carry over from 1 fiscal year to
the next from 60 to 90 days. The provision would also increase
by 1 year the length of time available to use leave accumulated
under the special leave accrual provisions of section 701(f) of
title 10, United States Code. Finally, the provision would
amend section 501(b) of title 37, United States Code, to
authorize enlisted service members who have accumulated more
than 120 days of leave under section 701(f) of title 10, United
States Code, to sell back, on a one-time basis, up to 30 days
of such leave in excess of 120 days.
The House bill contained no similar provision.
The House recedes with an amendment that would reduce the
enhanced leave carryover provision from 90 to 75 days, and
would terminate this authority after December 31, 2010.
Enhancement of rest and recuperation leave (sec. 552)
The Senate amendment contained a provision (sec. 594)
that would authorize an additional 5 days of rest and
recuperation leave under section 705(b) of title 10, United
States Code, for certain service members whose overseas tours
of duty last longer than 12 months.
The House bill contained no similar provision.
The House recedes.
Subtitle F--Decorations and Awards
Authorization and request for award of Medal of Honor to Leslie H.
Sabo, Jr., for acts of valor during the Vietnam War (sec. 561)
The House bill contained a provision (sec. 551) that
would authorize the President to award the Medal of Honor to
Leslie H. Sabo, Jr., who served in the U.S. Army during the
Vietnam War.
The Senate amendment contained a similar provision (sec.
593(c)).
The Senate recedes.
Authorization and request for award of Medal of Honor to Henry Svehla
for acts of valor during the Korean War (sec. 562)
The House bill contained a provision (sec. 552) that
would authorize the President to award the Medal of Honor to
Henry Svehla who served in the U.S. Army during the Korean War.
The Senate amendment contained a similar provision (sec.
593(e)).
The Senate recedes.
Authorization and request for award of Medal of Honor to Woodrow W.
Keeble for acts of valor during the Korean War (sec. 563)
The House bill contained a provision (sec. 553) that
would authorize the President to award the Medal of Honor to
Woodrow W. Keeble who served in the U.S. Army during the Korean
War.
The Senate amendment contained a similar provision (sec.
593(b)).
The Senate recedes.
Authorization and request for award of Medal of Honor to Private Philip
G. Shadrach for acts of valor as one of Andrews' Raiders during
the Civil War (sec. 564)
The House bill contained a provision (sec. 554) that
would authorize the President to award the Medal of Honor to
Private Philip G. Shadrach, who served in the U.S. Army during
the Civil War.
The Senate amendment contained a similar provision (sec.
593(d)).
The Senate recedes with a technical amendment.
Authorization and request for award of Medal of Honor to Private George
D. Wilson for acts of valor as one of Andrews' Raiders during
the Civil War (sec. 565)
The House bill contained a provision (sec. 555) that
would authorize the President to award the Medal of Honor to
Private George D. Wilson, who served in the U.S. Army during
the Civil War.
The Senate amendment contained a similar provision (sec.
593(f)).
The Senate recedes with a technical amendment.
Subtitle G--Impact Aid and Defense Dependents Education System
Continuation of authority to assist local educational agencies that
benefit dependents of members of the armed forces and
Department of Defense civilian employees (sec. 571)
The House bill contained a provision (sec. 562) that
would authorize $50.0 million for continuation of the
Department of Defense (DOD) assistance program to local
agencies that are impacted by enrollment of dependent children
of military members and civilian employees of the Department of
Defense. This provision would also authorize $15.0 million for
assistance to local educational agencies with significant
changes in enrollment of military and civilian school-aged
dependent children due to base closures, force structure
changes, or force relocations.
The Senate amendment contained a similar provision (sec.
561) that would authorize $35.0 million and $10.0 million for
each assistance program, respectively.
The Senate recedes with an amendment that would authorize
$30.0 million for continuation of assistance to agencies
impacted by enrollment of DOD military and civilian employee
dependents, and $10.0 million for assistance to agencies with
significant changes in enrollment of children due to base
closures, force structure changes, or force relocations.
Impact aid for children with severe disabilities (sec. 572)
The Senate amendment contained a provision (sec. 562)
that would authorize $5.0 million for impact aid payments for
children with disabilities for continuation of the Department
of Defense's assistance to local educational agencies that
benefit dependents with severe disabilities.
The House bill contained no similar provision.
The House recedes.
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 (sec. 573)
The Senate amendment contained a provision (sec. 563)
that would amend section 574(e)(3) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364) to include dependents of personnel who work on federal
property but are not members of the armed forces or civilian
employees of the Department of Defense in the plan and annual
reports required to identify and assist local educational
agencies experiencing growth in enrollment due to force
structure changes, relocation of military units, or base
closure and realignments. The provision would make the
definition of ``military dependent students'' consistent with
the definition used for purposes of computation of payments
under the Federal Impact Aid program authorized in section 7703
of title 20, United States Code.
The House bill contained no similar provision.
The House recedes.
Payment of private boarding school tuition for military dependents in
overseas areas not served by Defense Dependents' Education
System schools (sec. 574)
The House bill contained a provision (sec. 561) that
would amend section 1407(b)(1) of the Defense Dependents'
Education Act of 1978 (20 U.S.C. 926(b)(1)) to authorize the
Secretary of Defense to pay tuition for attendance at private
boarding schools in the United States for military dependents
in overseas areas not served by Department of Defense schools.
The Senate amendment contained a similar provision (sec.
564).
The House recedes with a clarifying amendment.
Subtitle H--Military Families
Department of Defense Military Family Readiness Council and policy and
plans for military family readiness (sec. 581)
The Senate amendment contained a provision (sec. 581)
that would amend chapter 88 of title 10, United States Code, to
establish a Department of Defense Military Family Readiness
Council to review and make recommendations on Department of
Defense policy requirements for the support of military family
readiness; to monitor requirements for the support of military
family readiness; and to evaluate and assess the effectiveness
of military family readiness programs and activities of the
Department of Defense.
The Senate amendment contained another provision (sec.
582) that would amend chapter 88 of title 10, United States
Code, to require the Secretary of Defense to develop a policy
and plans for the support of military family readiness.
The House bill contained no similar provisions.
The House recedes with a clarifying amendment that would
combine the Senate provisions and include the senior enlisted
advisors of the Army, Navy, Marine Corps, and Air Force, or the
spouse of a senior enlisted member from each service as a
member of the Department of Defense Military Family Readiness
Council.
The conferees expect the council to meet not less often
than twice each year, and that not more than one of these
meetings will be in the National Capitol Region.
Yellow Ribbon Reintegration Program (sec. 582)
The House bill contained a provision (sec. 515) that
would establish a Department of Defense working group to
identify and assess the reintegration needs of members of the
reserve components who return from overseas operational
deployment.
The House bill also contained a provision (sec. 516) that
would require the Secretary of Defense, in coordination with
the Chief of the National Guard Bureau, to establish a national
combat veteran reintegration program, to be known as the Yellow
Ribbon Reintegration Program, to provide National Guard members
and their families with sufficient information, services,
referral, and proactive approach opportunities throughout the
entire deployment cycle. The provision would designate the
National Guard Bureau as the executive agent for this program,
and would require establishment of a Center of Excellence for
Reintegration Programs, appointment of an Advisory Board, and
employment of personnel to implement the Yellow Ribbon program
at the State level.
The Senate amendment contained a similar provision (sec.
683) that would require a Yellow Ribbon Reintegration Program
to serve both National Guard and reserve members and their
families, and would designate the Office of the Secretary of
Defense for Personnel and Readiness as the executive agent.
The Senate amendment also contained a provision (sec.
587) that would require the Secretary of Defense to carry out a
pilot program, to be known as the National Military Family
Readiness and Servicemember Reintegration Outreach Program, to
assess the feasibility and advisability of providing assistance
and support to the Adjutant General of a State or territory for
the purpose of creating comprehensive soldier and family
preparedness and reintegration outreach programs.
The House recedes with an amendment that would authorize
the Secretary to create State Deployment Cycle Support Teams to
administer the Yellow Ribbon Reintegration Program at the State
level and would authorize outreach programs to educate service
members and their families about the Yellow Ribbon
Reintegration Program.
The conferees acknowledge that the reserve component has
changed from a strategic reserve to an operational reserve,
fully engaged in the global war on terror, and that reserve
component members face challenges that are inherently different
from their counterparts in the active component. One such
challenge is reintegration to civilian life. The Department of
Defense has recognized the need for programs that address
similar challenges for service members in active components
returning from combat and has instituted such programs.
The conference outcome will ensure that members of the
reserve components returning to their hometowns following
demobilization have access to improved services and resources
that allow them to successfully reintegrate back into society.
Study to enhance and improve support services and programs for families
of members of regular and reserve components undergoing
deployment (sec. 583)
The House bill contained a series of provisions that
would address support to families of deployed service members:
The House bill contained a provision (sec. 580) that
would require the Secretary of Defense to carry out a study to
evaluate the feasibility and advisability of establishing a
pilot program on family-to-family support for families of
members of the National Guard and reserves undergoing
deployment.
The House bill contained a provision (sec. 581) that
would require the Secretary of Defense to conduct a study to
evaluate the feasibility and advisability of contracting with a
private sector entity with expertise in the health and well-
being of families and children, infants, and toddlers to
enhance and develop support services for children of members of
the National Guard and reserve who are deployed.
The House bill contained a provision (sec. 1034) that
would require the Secretary of Defense to submit a report to
Congress no later than 180 days after enactment of this Act
regarding the impact on military family members of multiple
deployments as part of Operation Iraqi Freedom and Operation
Enduring Freedom.
The Senate amendment also contained a series of
provisions that would address support to families of deployed
military personnel:
The Senate amendment contained a provision (sec. 583)
that would require the Secretary of Defense to enhance and
improve current programs of the Department of Defense to
provide family support for families of deployed members of the
armed forces, including deployed members of the National Guard
and reserve, before, during, and after their deployment cycle.
The Senate amendment contained a provision (sec. 584)
that would require the Secretary of Defense to provide
information to parents and other caretakers of children,
including infants and toddlers, to assist the parents and
caretakers in responding to the adverse implications of the
deployment of a service member, including the death or injury
of the service member, and to develop programs and activities
to increase awareness in military and civilian communities of
the adverse implications of deployment of service members.
The Senate amendment contained a provision (sec. 585)
that would require the Secretary of Defense to conduct a study
to evaluate the feasibility and advisability of contracting
with a private sector entity with expertise in the health and
well-being of families and children, infants, and toddlers to
enhance and develop support services for children of deployed
members of the active and reserve components.
The Senate amendment contained a provision (sec. 586)
that would require the Secretary of Defense to carry out a
study to evaluate the feasibility and advisability of
establishing a pilot program on family-to-family support for
families of deployed members of the active and reserve
components.
The Senate recedes with an amendment that would combine
the House and Senate provisions to require a study to determine
the most effective means to enhance and improve family support
programs for families of the regular and reserve components of
the armed forces before, during, and after deployment.
In a separate provision contained elsewhere in this
conference report, the conferees would require the
establishment of a national combat veteran reintegration
program, to be known as the Yellow Ribbon Reintegration
Program, to provide families of deployed service members with
information, services, referrals, and proactive outreach
throughout the entire deployment cycle.
The conferees are concerned about the adequacy of support
available to families of deployed service members, particularly
the support available to families of National Guard and reserve
personnel who are not located in the vicinity of a military
installation with extensive family support programs. The
conferees strongly encourage the Secretary of Defense to
expeditiously implement and improve programs that will enhance
the support available to these families.
Protection of child custody arrangements for parents who are members of
the armed forces deployed in support of a contingency operation
(sec. 584)
The House bill contained a provision (sec. 577) that
would amend title II of the Servicemembers Civil Relief Act
(SCRA) (50 U.S.C. App. 521 et seq.) to limit the authority of a
court to modify or amend a previous order or judgment regarding
custody of a child of a service member while the service member
is deployed in support of a contingency operation. The
provision would also bar courts from considering the absence of
the service member by reason of deployment in determining the
best interests of a child.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify
sections 201 and 202 of the SCRA to clarify that the act
applies to child custody proceedings.
The conferees recognize that service members who have
been awarded custody of minor children but who are required to
deploy or be absent from their children as a result of their
military duties are vulnerable to litigation initiated by non-
custodial parents. The procedural protections of the SCRA apply
in child custody cases and, in most cases, should prevent
adverse judgments until members can be present to defend their
interests. The modifications to the SCRA included in this
provision underscore the importance of SCRA protections in
child custody cases. While the facts in child custody disputes
are central to determinations of the best interests of minor
children, the conferees would urge judges who must decide such
cases not to consider the mere absence of a service member who
is performing military duty to constitute the sole or even a
major factor in a court's determination about what is in the
best interests of a child.
Family leave in connection with injured members of the Armed Forces
(sec. 585)
The House bill contained a provision (sec. 675) that
would amend the Family and Medical Leave Act (FMLA) of 1993 (29
U.S.C. 2611) to provide leave to an eligible employee in the
case of any qualifying exigency, as determined in regulation by
the Secretary of Labor, arising from the fact that the spouse,
child, or parent of the employee is on active duty or has been
notified of an impending call or order to active duty in
support of a contingency operation.
The Senate amendment contained a provision (sec. 1093)
that would authorize the Office of Personnel Management to
establish a program under which federal civilian employees
designated as caregivers could use leave for the purpose of
caring for a family member of a member of the armed forces
serving on active duty in support of a contingency operation.
The provision would authorize the Secretary of Labor to
establish a similar voluntary private sector leave program.
The Senate recedes with an amendment that would also
extend the FMLA to provide leave to eligible employees,
including federal civilian employees, who are the spouse, son,
daughter, parent, or next of kin of a seriously injured service
member, in order to care for the service member. The amendment
would also extend the amount of leave time available for
caregivers of seriously injured service members from 12
workweeks to 26 workweeks.
The conferees note that this extension of the FMLA to
cover caregivers of injured service members conforms with the
recommendation made by The President's Commission on Care for
America's Returning Wounded Warriors to allow up to 26
workweeks of leave to an eligible family member of a service
member who has a combat-related injury.
Family care plans and deferment of deployment of single parent or dual
military couples with minor dependents (sec. 586)
The House bill contained a provision (sec. 578) that
would authorize a service member to request deferment from
deployment to an area for which imminent danger pay is
authorized if the member has minor dependents and a spouse who
is a service member deployed to an area for which imminent
danger pay is authorized.
The Senate amendment contained a provision (sec. 1072)
that would express the sense of Congress that single parents
who are members of the armed forces with minor dependents, and
dual-military couples with minor dependents, should develop and
maintain effective family care plans, and that the Secretary of
Defense should establish procedures to ensure that if a single
parent and both spouses in a dual-military couple are required
to deploy to an area for which imminent danger pay is
authorized, requests for deferment from deployment due to
unforeseen circumstances are rapidly evaluated and that
appropriate steps are taken to ensure adequate care for minor
dependents.
The House recedes with an amendment that would require
the Secretary of Defense to establish appropriate procedures to
ensure that an adequate family care plan is in place for a
member of the armed forces with minor dependents who is a
single parent or whose spouse is also a member of the armed
forces when the member may be deployed in an area for which
imminent danger pay is authorized. The procedures should allow
the member to request a deferment of deployment due to
unforeseen circumstances, and the request should be considered
and responded to promptly.
Education and treatment services for military dependent children with
autism (sec. 587)
The Senate amendment contained a provision (sec. 595)
that would require the Secretary of Defense to conduct one or
more demonstration projects to evaluate improved approaches to
the provision of education and treatment services to military
dependent children with autism. The amendment would also
require the assignment of case managers for both medical and
educational services and the voluntary development of
individualized autism services plans.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to conduct a comprehensive assessment
of the availability of federal, State, and local education and
treatment services on and in the vicinity of certain military
installations for children of service members who are diagnosed
with autism. The amendment would also require the service
secretaries to ensure that, whenever practicable, eligible
members are assigned only in geographic areas with educational
services and facilities available on or in the vicinity of the
military installation that provide special education and
related services consistent with the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.). The
amendment would authorize one or more demonstration projects to
evaluate the provision of educational services and treatment
services to eligible dependents.
Commendation of efforts of Project Compassion in paying tribute to
members of the armed forces who have fallen in the service of
the United States (sec. 588)
The Senate amendment contained a provision (sec. 1077)
that would express the sense of the Senate commending Kaziah M.
Hancock, other Project Compassion volunteer professional
portrait artists, and the entire Project Compassion
organization for their tireless work in paying tribute to
members of the armed forces who have fallen in the service of
the United States.
The House bill contained no similar provision.
The House recedes with an amendment that would express a
sense of Congress that the people of the United States owe the
deepest gratitude to Kaziah M. Hancock and the members of
Project Compassion.
Subtitle I--Other Matters
Uniform performance policies for military bands and other musical units
(sec. 590)
The House bill contained a provision (sec. 572) that
would amend chapter 49 of title 10, United States Code, to
provide uniform policy for Department of Defense bands and
musical units regarding when public performances are permitted,
the conditions under which band members may perform in their
personal capacities, and recording of music for distribution to
the public.
The Senate amendment contained a similar provision (sec.
592).
The Senate recedes with a clarifying amendment.
Transportation of remains of deceased members of the armed forces and
certain other persons (sec. 591)
The House bill contained a provision (sec. 1454) that
would require the secretaries of the military services to
provide for the delivery of the remains of deceased service
members who die in a combat theater of operations and whose
remains are returned to the United States through the mortuary
facility at Dover Air Force Base, Delaware, to the commercial,
general aviation, or military airport, when air transportation
is utilized, nearest to the place selected by the person
designated to direct the disposition of the remains.
The Senate amendment contained a similar provision (sec.
657).
The Senate recedes.
Expansion of number of academies supportable in any State under
STARBASE program (sec. 592)
The House bill contained a provision (sec. 573) that
would amend section 2193b of title 10, United States Code, to
repeal the limitation on the number of STARBASE academies in
each State.
The Senate amendment contained a provision (sec. 552)
that would increase from two to four the maximum number of
STARBASE academies in a State that could be supported with
Department of Defense funds.
The House recedes with a technical amendment.
Gift acceptance authority (sec. 593)
The House bill contained a provision (sec. 571) that
would amend section 2601(b)(4) of title 10, United States Code,
to extend from December 31, 2007 to December 31, 2010, the
authority for the Secretary of Defense to accept gifts for the
benefit of members of the armed forces, civilian employees of
the Department of Defense (DOD), and dependents of such members
or employees.
The Senate amendment contained a similar provision (sec.
1025) that would make this gift acceptance authority permanent
and require the Secretary of Defense to prescribe regulations
prohibiting the solicitation of any gift by any DOD employee if
the nature or circumstances of the solicitation would
compromise the integrity or the appearance of integrity of any
DOD program or official.
The House recedes.
Conduct by members of the Armed Forces and veterans out of uniform
during hoisting, lowering, or passing of United States flag
(sec. 594)
The Senate amendment contained a provision (sec. 1073)
that would amend section 9 of title 4, United States Code, to
authorize members of the armed forces and veterans not wearing
a uniform to render a salute during the ceremony of hoisting or
lowering the flag, or when the flag is passing in a parade or
in review.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Annual report on cases reviewed by National Committee for Employer
Support of the Guard and Reserve (sec. 595)
The Senate amendment contained a provision (sec. 1044)
that would amend section 4332 of title 38, United States Code,
to require the Secretary of Veterans Affairs to include in an
annual report to Congress the number of cases regarding
veterans' employment or reemployment rights reviewed by the
Secretary of Defense under the National Committee for Employer
Support of the Guard and Reserve of the Department of Defense
during the fiscal year for which the report is made.
The House bill contained no similar provision.
The House recedes.
Modification of Certificate of Release or Discharge from Active Duty
(DD Form 214) (sec. 596)
The Senate amendment contained a provision (sec. 596)
that would require the Secretary of Defense, in consultation
with the Secretary of Veterans Affairs, to modify the
Certificate of Release or Discharge from Active Duty (DD Form
214) to permit a service member, upon discharge or release from
active duty, to elect that the DD 214 be forwarded to the
Central Office of the Department of Veterans Affairs or to the
appropriate office of the Department of Veterans Affairs for
the State or locality where the member will reside.
The House bill contained no similar provision.
The House recedes with a technical amendment.
The conferees direct the Secretary of Defense to assess
the feasibility of issuing the DD Form 214 containing only the
last four digits of a service member's Social Security account
number. If the Secretary determines that it is feasible, the
Secretary should also determine a timeline for implementing
such a change. The Secretary should submit a report of the
assessment to the Committees on Armed Services of the Senate
and the House of Representatives no later than 180 days after
the date of enactment of this Act.
Reports on administrative separations of members of the Armed Forces
for personality disorder (sec. 597)
The Senate amendment contained a provision (sec. 597)
that would require the Secretary of Defense to report to the
congressional defense committees by April 1, 2008 on all cases
of administrative separation from the armed forces of any
service member who had served in Iraq or Afghanistan since
October 2001 for personality disorder. Additionally, the
provision would prohibit the administrative separation of any
such service member until such time as the Secretary of Defense
submits that report, unless a clinical review is first
conducted in the office of the surgeon general of the military
department concerned. The provision would also require the
Comptroller General of the United States to report to the
congressional defense committees by June 1, 2008 on the
policies and procedures of the Department of Defense and the
military departments relating to the separation of members of
the armed forces for personality disorder.
The House bill contained no similar provision.
The House recedes with an amendment that would eliminate
the prohibition against administrative separation for
personality disorder without a review, but would retain the
reports required of the Secretary of Defense and the
Comptroller General.
Program to commemorate 50th anniversary of the Vietnam War (sec. 598)
The House bill included a provision (sec. 576) that would
require the Secretary of Defense to conduct a program to
commemorate the 50th anniversary of the Vietnam War and to
coordinate and support programs of the federal, State, and
local governments, and the activities of other persons and
organizations, for this purpose. This provision would authorize
the establishment of a fund to be administered by the Secretary
of Defense and would authorize $3.0 million to be appropriated
for deposit in the fund in fiscal year 2008. The provision
would also authorize acceptance of voluntary services in
support of commemoration activities and direct the program to
continue through 2025 with the Secretary determining the
schedule of events and priority of efforts for the duration of
the program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
the Secretary to carry out such a program and to determine the
duration of the commemoration, and would authorize $1.0 million
for program planning and activities. The amendment would omit
provisions relating to protections to be afforded to volunteers
pending further study, planning, and evaluation of the
appropriate functions to be performed by volunteers and the
conditions under which their services would be accepted.
Recognition of members of the Monuments, Fine Arts, and Archives
program of the Civil Affairs and Military Government Sections
of the Armed Forces during and following World War II (sec.
599)
The House bill contained a provision (sec. 575) that
would recognize the men and women who served in the Monuments,
Fine Arts, and Archives program under the Civil Affairs and
Military Government sections of the United States armed forces
for their role in the preservation, protection, and restitution
of monuments, works of art, and other artifacts of cultural
importance in Europe and Asia during and following World War
II.
The Senate amendment contained no similar provision.
The Senate recedes.
Legislative Provisions Not Adopted
Cold War Victory Medal
The House bill contained a provision (sec. 556) that
would require the service secretaries to issue a Cold War
Victory Medal to former service members who served during the
Cold War.
The Senate amendment contained no similar provision.
The House recedes.
Combat veterans mentoring program for current members of the Armed
Forces
The House bill contained a provision (sec. 574) that
would require the Secretary of Defense to establish a program
that would provide combat veterans the opportunity to meet and
mentor current members of the Armed Forces before, during, and
after deployments.
The Senate amendment contained no similar provision.
The House recedes.
Emergency assistance for local educational agencies enrolling military
dependent children
The Senate amendment contained a provision (sec. 566)
that would authorize the Secretary of Defense to provide
assistance to eligible local educational agencies for the
additional education, counseling, and other needs of military
dependent children who are affected by war-related action.
The House bill contained no similar provision.
The Senate recedes.
Establishment of Combat Medevac Badge
The House bill contained a provision (sec. 557) that
would amend chapter 537 of title 10, United States Code, to
require the service secretaries to issue a badge to be known as
the Combat Medevac Badge to service members who served in
combat after June 25, 1950, as a pilot or crew member of a
helicopter medical evacuation ambulance and who meet the
requirements for the award of that badge, as prescribed by the
secretary concerned.
The Senate amendment contained no similar provision.
The House recedes.
Expansion of exclusion of military permanent professors from strength
limitations for officers below general and flag grades
The Senate amendment contained a provision (sec. 503)
that would amend section 523(b) of title 10, United States
Code, to increase from 50 to 85 the number of permanent
professors for each of the United States Military Academy, the
United States Air Force Academy and professors of the United
States Navy who are career military professors who may be
excluded from the authorized number of commissioned officers
who may be serving on active duty in that grade.
The House bill contained no similar provision.
The Senate recedes.
Heavily impacted local educational agencies
The Senate amendment contained a provision (sec. 565)
that would require the Secretary of Education to deem each
local educational agency that was eligible to receive a fiscal
year 2007 basic support payment for heavily impacted local
educational agencies under section 8003(b)(2) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)) as
eligible to receive a basic support payment for heavily
impacted local educational agencies for the fiscal year for
which the determination is made.
The House bill contained no similar provision.
The Senate recedes.
Navy Senior Reserve Officers' Training Corps program at University of
Miami, Coral Gables, Florida
The House bill contained a provision (sec. 528) that
would authorize the Secretary of the Navy to establish and
maintain a Navy Senior Officers' Training Corps program at the
University of Miami, Coral Gables, Florida.
The Senate amendment contained no similar provision.
The House recedes.
Prohibition on the unauthorized use of names and images of members of
the Armed Forces
The House bill contained a provision (sec. 582) that
would, except when authorized by an individual or the
individual's survivor, prohibit the knowing use of the name or
picture of a current or former service member in connection
with any merchandise, retail product, impersonation,
solicitation, or commercial activity in a manner reasonably
calculated to connect the protected individual with that
individual's service in the armed forces.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to conduct
a study on the issue of protecting the use of names and images
of current and former members of the armed services, both
living and deceased. This study should include an analysis of
the legal issues related to the limitations placed on the use
of the names and images of these current and former military
personnel by non-U.S. Government entities. This study should
specifically address the use of these names and images on
commercial products and merchandise as well as the privacy
rights of the service members and their family and next of kin
in association with this use. The study should also include
options and recommendations for protecting service members'
names and images. The Secretary shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report on the results of this study not later
than 90 days after the enactment of this Act. In addition, the
conferees have asked the Congressional Research Service to do a
similar study in order to obtain multiple legal viewpoints on
this important topic.
It is the sense of the conferees that the commercial use
of names and images of deceased service members should be
treated with respect and dignity, and that individuals should
take into account the feelings of the family and next-of-kin of
those service members when using their names and images,
especially if the family members have requested that their son
or daughter's name and/or image not be used.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Fiscal year 2008 increase in military basic pay (sec. 601)
The House bill contained a provision (sec. 601) that
would authorize a pay raise for the members of the uniformed
services of 3.5 percent effective on January 1, 2008. This
across-the-board pay raise is 0.5 percent above the budget
request.
The Senate amendment contained a similar provision (sec.
601).
The House recedes.
Basic allowance for housing for reserve component members without
dependents who attend accession training while maintaining a
primary residence (sec. 602)
The House bill contained a provision (sec. 602) that
would authorize unmarried reserve component members without
dependents to receive basic allowance for housing while
attending initial training following accession, provided that
the member maintains a permanent residence.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Extension and enhancement of authority for temporary lodging expenses
for members of the armed forces in areas subject to major
disaster declaration or for installations experiencing sudden
increase in personnel levels (sec. 603)
The Senate amendment contained a provision (sec. 605)
that would increase from 20 to 60 the maximum number of days
the secretary of a military department may pay temporary
lodging expenses associated with changes of permanent station
involving installations located in an area subject to a
declaration of major disaster or experiencing a sudden increase
in personnel moving to or from that installation.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Income replacement payments for reserve component members experiencing
extended and frequent mobilization for active duty service
(sec. 604)
The House bill contained a provision (sec. 603) that
would clarify the eligibility criteria for payments under the
reserve income replacement program. The provision would change
the method for measuring cumulative periods of qualifying
service by counting cumulative days, rather than months. The
provision would also authorize the continuation of income
replacement payments in the case of service members who are
retained on active duty to receive authorized medical care or
to be evaluated for disability.
The Senate amendment contained a similar provision (sec.
681).
The Senate recedes with a technical amendment.
Midmonth payment of basic pay for contributions of members of the
uniformed services participating in Thrift Savings Plan (sec.
605)
The House bill contained a provision (sec. 604) that
would authorize the Department of Defense to make midmonth
contributions to the Thrift Savings Fund on behalf of members
of the uniformed services who participate in the Thrift Savings
Plan.
The Senate amendment contained a similar provision (sec.
603).
The Senate recedes with a technical amendment.
Subtitle B--Bonuses and Special and Incentive Pays
Extension of certain bonus and special pay authorities for reserve
forces (sec. 611)
The House bill contained a provision (sec. 611) that
would extend for 2 years the authority to pay the Selected
Reserve reenlistment bonus; the Selected Reserve affiliation or
enlistment bonus; the special pay for enlisted members assigned
to certain high priority units; the Ready Reserve enlistment
bonus for persons without prior service; the Ready Reserve
enlistment and reenlistment bonus for persons with prior
service; and the Selected Reserve enlistment bonus for persons
with prior service.
The Senate amendment contained a similar provision (sec.
611) that would extend for 1 year the authority to pay the same
bonus and special pay authorities.
The House recedes.
Extension of certain bonus and special pay authorities for health care
professionals (sec. 612)
The House bill contained a provision (sec. 612) that
would extend for 2 years the authority to pay the nurse officer
candidate accession bonus; the repayment of education loans for
certain health professionals who serve in the Selected Reserve;
the accession bonus for registered nurses; incentive special
pay for nurse anesthetists; special pay for Selected Reserve
health professionals in critically short wartime specialities;
the accession bonus for dental officers; the accession bonus
for pharmacy officers; the accession bonus for medical officers
in critically short wartime specialities; and the accession
bonus for dental specialist officers in critically short
wartime specialities.
The Senate amendment contained a similar provision (sec.
612) that would extend for 1 year the authority to pay the same
bonus and special pay authorities.
The House recedes.
Extension of special pay and bonus authorities for nuclear officers
(sec. 613)
The House bill contained a provision (sec. 613) that
would extend for 2 years the authority to pay the special pay
for nuclear-qualified officers extending their period of active
service; the nuclear career accession bonus; and the nuclear
career annual incentive bonus.
The Senate amendment contained a similar provision (sec.
613) that would extend for 1 year the authority to pay the same
special pay and bonus authorities.
The House recedes.
Extension of authorities relating to payment of other bonuses and
special pays (sec. 614)
The House bill contained a provision (sec. 614) that
would extend for 2 years the authority to pay the aviation
officer retention bonus; the reenlistment bonus for active
members; the enlistment bonus; the retention bonus for members
with critical military skills or assigned to high priority
units; the accession bonus for new officers in critical skills;
the incentive bonus for conversion to military occupational
speciality to ease personnel shortage; the accession bonus for
officer candidates; and the Army referral bonus. The provision
would extend for 1 year the authority to pay the assignment
incentive pay and the incentive bonus for transfer between the
armed forces.
The Senate amendment contained a similar provision (sec.
614) that would extend for 1 year the authority to pay the
aviation officer retention bonus; the reenlistment bonus for
active members; the enlistment bonus; the retention bonus for
members with critical military skills or assigned to high
priority units; the accession bonus for new officers in
critical skills; the incentive bonus for conversion to military
occupational speciality to ease personnel shortage; and the
accession bonus for officer candidates. The Senate extended for
1 year the authority to pay the Army referral bonus in a
separate provision (sec. 622).
The House recedes with an amendment that would extend for
1 year the prohibition against requiring certain injured
service members to pay for meals provided by military treatment
facilities.
Increase in incentive special pay and multiyear retention bonus for
medical officers (sec. 615)
The House bill contained a provision (sec. 615) that
would increase the maximum annual rate of incentive special pay
and the multiyear retention bonus for medical officers from
$50,000 to $75,000.
The Senate amendment contained a similar provision (sec.
615).
The Senate recedes with a technical amendment.
Increase in dental officer additional special pay (sec. 616)
The House bill contained a provision (sec. 616) that
would increase the maximum annual amounts of additional special
pay for dental officers to $10,000 for officers with less than
3 years of creditable service and $12,000 for officers with
more than 3 but less than 10 years of creditable service.
The Senate amendment contained a similar provision (sec.
616).
The House recedes with a technical amendment.
Increase in maximum monthly rate of hardship duty pay and authority to
provide hardship duty pay in a lump sum (sec. 617)
The House bill contained a provision (sec. 624) that
would raise the maximum monthly amount of hardship duty pay to
$1500. The provision would also authorize the payment of
hardship duty pay in a lump sum.
The Senate amendment contained a similar provision (sec.
617).
The House recedes with a technical amendment.
Definition of sea duty for career sea pay to include service as off-
cycle crewmembers of multi-crew ships (sec. 618)
The House bill contained a provision (sec. 617) that
would authorize off-cycle crewmembers of multi-crewed ships to
be eligible for career sea pay.
The Senate amendment contained a similar provision (sec.
618).
The Senate recedes with a technical amendment.
Reenlistment bonus for members of the Selected Reserve (sec. 619)
The House bill contained a provision (sec. 618) that
would provide the Department of Defense with more flexibility
in administering the reenlistment bonus. The provision would
eliminate the 3- and 6-year options currently in law and
require only that the period of reenlistment be at least 3
years. Similarly, the provision would eliminate the tiered
bonus structure and require only that the bonus not exceed
$15,000.
The Senate amendment contained a similar provision (sec.
619).
The Senate recedes with a technical amendment.
Availability of Selected Reserve accession bonus for persons who
previously served in the armed forces for a short period (sec.
620)
The House bill contained a provision (sec. 619) that
would authorize payment of a Selected Reserve enlistment bonus
to persons who had enlisted previously, but were unable to
complete basic training requirements due to circumstances
beyond their control and were separated under conditions
characterized as either honorable or uncharacterized.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees believe that the Department of Defense
should limit its use of this authority to cases where the
former service member was separated from the military through
no fault of his or her own, such as an injury, family medical
emergency, or other case of hardship that forced the service
member to separate prematurely.
Availability of nuclear officer continuation pay for officers with more
than 26 years of commissioned service (sec. 621)
The House bill contained a provision (sec. 620) that
would extend eligibility for nuclear officer continuation pay
from 26 to 30 years of commissioned service.
The Senate amendment contained a similar provision (sec.
620).
The Senate recedes with an amendment that would authorize
revision of agreements for nuclear officer continuation pay
that were entered into before the date of the enactment of this
Act.
Waiver of years-of-service limitation on receipt of critical skills
retention bonus (sec. 622)
The House bill contained a provision (sec. 621) that
would authorize the Secretary of Defense, or the Secretary of
Homeland Security with respect to the Coast Guard when it is
not operating as a service in the Navy, to waive the 25-year
service limitation on eligibility to receive the retention
bonus for certain members with designated critical military
skills.
The Senate amendment contained a similar provision (sec.
621).
The Senate recedes.
Accession bonus for participants in the Armed Forces Health Professions
Scholarship and Financial Assistance Program (sec. 623)
The House bill contained a provision (sec. 622) that
would authorize the Secretary of Defense to pay an accession
bonus of not more than $20,000 to participants in the Armed
Forces Health Professions Scholarship and Financial Assistance
Program (HPSP).
The Senate amendment contained a similar provision (sec.
624).
The House recedes with a technical amendment.
The conferees direct the Comptroller General of the
United States to report to the congressional defense committees
by April 1, 2008 on the number of HPSP participants who do not
enter onto active duty following completion of the program of
studies for which they were enrolled under HPSP, including the
extent to which the military departments have sought and
received reimbursement for stipends paid under section 2121(d)
of title 10, United States Code, or annual grants paid for
specialized training under section 2127(e) of title 10, United
States Code.
Payment of assignment incentive pay for reserve members serving in
combat zone for more than 22 months (sec. 624)
The House bill contained a provision (sec. 623) that
would authorize the secretaries of the military departments to
pay $1,000 per month in assignment incentive pay to members of
the reserve components serving in combat zones associated with
Operations Enduring Freedom and Iraqi Freedom once the member
exceeds 22 cumulative months of service on active duty under
either a voluntary mobilization authority, the presidential
Selected Reserve call-up authority, or the partial mobilization
authority. Qualifying service under this provision would
include cumulative mobilized service during the period
beginning on January 1, 2003 through the end of the member's
most recent period of mobilization to active duty beginning
before January 19, 2007.
The Senate amendment contained no similar provision.
The Senate recedes.
Subtitle C--Travel and Transportation Allowances
Payment of inactive duty training travel costs for certain Selected
Reserve members (sec. 631)
The House bill contained a provision (sec. 635) that
would authorize the secretary of a military service to
reimburse members of the Selected Reserve who occupy a
specialty designated by the secretary concerned for travel
expenses while performing inactive duty training outside the
commuting limits of the member's station. The maximum rate
would not exceed $300.
The Senate amendment contained a similar provision (sec.
604) that would authorize reimbursement for travel expenses to
an inactive duty training location outside of normal commuting
distances for members of the Selected Reserve who are (1)
qualified in a skill designated as critically short; (2)
assigned to a unit of the Selected Reserve, or in a pay grade,
with a critical manpower shortage; or (3) assigned to a unit or
position that is disestablished or relocated as a result of
defense base closure or realignment or other force structure
allocation.
The House recedes with a technical amendment.
Survivors of deceased members eligible for transportation to attend
burial ceremonies (sec. 632)
The Senate amendment contained a provision (sec. 656)
that would extend the travel and transportation allowance to
attend burial ceremonies of deceased service members under
section 411f of title 37, United States Code, to minor siblings
of deceased service members and the person who directs the
disposition of the remains of the deceased service member.
The House bill contained no similar provision.
The House recedes with an amendment that would extend the
travel and transportation allowance to the child or children of
the deceased member and to the sibling or siblings of the
deceased service member, regardless of age.
Allowance for participation of reserves in electronic screening (sec.
633)
The House bill contained a provision (sec. 631) that
would authorize the secretaries of the military services to pay
a member of the Individual Ready Reserve a stipend for
participation in electronic screening performed pursuant to the
continuous screening required by section 10149 of title 10,
United States Code. The aggregate amount of the stipend paid to
a member may not exceed $50 in any calendar year.
The Senate amendment contained a similar provision (sec.
602).
The House recedes.
Allowance for civilian clothing for members of the armed forces
traveling in connection with medical evacuation (sec. 634)
The House bill contained a provision (sec. 632) that
would authorize service members to use some or all of the
civilian clothing allowance authorized by section 1047 of title
10, United States Code, to purchase luggage at government
expense when traveling in connection with a medical evacuation.
The Senate amendment contained no similar provision.
The Senate recedes.
Payment of moving expenses for Junior Reserve Officers' Training Corps
instructors in hard-to-fill positions (sec. 635)
The House bill contained a provision (sec. 633) that
would authorize the secretary of a military department to
reimburse educational institutions for moving expenses paid to
Junior Reserve Officers' Training Corps instructors when the
secretary concerned determines the position is hard-to-fill for
geographic or economic reasons, and the instructor agrees to
serve in the position for 2 years.
The Senate amendment contained a similar provision (sec.
642).
The House recedes with a technical amendment.
Subtitle D--Retired Pay and Survivor Benefits
Expansion of combat-related special compensation eligibility (sec. 641)
The House bill contained a provision (sec. 645) that
would authorize disabled military retirees with fewer than 20
years of service to receive combat-related special compensation
under section 1413a of title 10, United States Code, provided
they served a minimum of 15 years of creditable service and
have a disability rated at least 60 percent disabling.
The Senate amendment contained a similar provision (sec.
653) that would expand eligibility of combat-related special
compensation to all service members eligible for retirement pay
who have a combat-related disability, including service members
who were retired under chapter 61 of title 10, United States
Code.
The House recedes with a technical amendment.
Inclusion of veterans with service-connected disabilities rated as
total by reason of unemployability under termination of phase-
in of concurrent receipt of retired pay and veterans'
disability compensation (sec. 642)
The Senate amendment contained a provision (sec. 660)
that would authorize veterans with service-connected
disabilities rated as total due to unemployability to receive
concurrent receipt of retired pay and veterans' disability
compensation as of December 31, 2004.
The House bill contained no similar provision.
The House recedes with an amendment that would restrict
payments under this provision until October 1, 2008.
Recoupment of annuity amounts previously paid, but subject to offset
for Dependency and Indemnity Compensation (sec. 643)
The House bill contained a provision (sec. 643) that
would require that any Survivor Benefit Plan (SBP) payments
previously paid to a surviving spouse or former spouse that are
subject to the mandatory offset associated with payments of
Dependency and Indemnity Compensation by the Department of
Veterans Affairs be recouped only to the extent that the amount
exceeds any SBP premiums to be refunded by the Department of
Defense. In addition, the provision would specify a series of
actions to protect the interests of surviving spouses who are
subject to the offset, including: (1) a single written notice
of the net amount to be recouped; (2) a written explanation of
the statutory requirements for recoupment; (3) a detailed
accounting of the calculations used to determine the amount to
be recouped; and (4) contact information for a person who can
provide information and respond to questions regarding the
recoupment action.
The Senate amendment contained no similar provision.
The Senate recedes.
Special survivor indemnity allowance for persons affected by required
Survivor Benefit Plan annuity offset for Dependency and
Indemnity Compensation (sec. 644)
The House bill contained a provision (sec. 644) that
would authorize a survivor indemnity allowance to surviving
spouses or former spouses of deceased service members who are
denied the full amount of their annuity under the Survivor
Benefit Plan (SBP) due to the offset required by the receipt of
Dependency and Indemnity Compensation (DIC) from the Department
of Veterans Affairs. The provision would authorize monthly
payments equal to the lesser amount of $40 or the amount of the
SBP annuity subject to the DIC offset. The House provision
would take effect October 1, 2008.
The Senate amendment contained a provision (sec. 658)
that would eliminate the offset of the SBP annuity by the
amount of DIC.
The Senate recedes with an amendment that would limit the
survivor indemnity allowance to survivors of service members
who were entitled to retired pay, or would be entitled to
reserve component retired pay but for the fact they were not
yet 60 years of age, would increase the monthly allowance for
fiscal year 2009 to $50, and would increase the monthly
allowance by $10 every year through fiscal year 2013.
Modification of authority of members of the armed forces to designate
recipients for payment of death gratuity (sec. 645)
The House bill contained a provision (sec. 642) that
would amend section 1477 of title 10, United States Code, to
allow a service member to designate any individual to receive
up to 50 percent of the death gratuity benefit in 10 percent
increments.
The Senate amendment contained a provision (sec. 651)
that would allow a service member to designate in writing any
individual to receive the death gratuity benefit. In the
absence of such a designation, the death gratuity would be paid
in accordance with the succession set forth in section 1970 of
title 38, United States Code, relating to Servicemembers' Group
Life Insurance (SGLI).
The House recedes with an amendment that would make the
provision effective no later than July 1, 2008; provide for
spousal notification if an election were made under this
authority that would exclude a current spouse from any portion
of the death gratuity benefit; provide for partial designations
in 10 percent increments; and provide that elections made under
section 1477 of title 10, United States Code, before the
enactment of this provision, or before enactment of the
amendments to that section by section 1316 of the U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (Public Law 110-28),
would remain lawful and effectual.
The conferees believe that service members have the duty
and should have the discretion to designate beneficiaries of
their choosing for receipt of the death gratuity. The conferees
view the SGLI and its statutory basis, as set forth in section
1970 of title 38, United States Code, as the appropriate model
for the administration of the death gratuity benefit. The
conferees expect the Department of Defense and the services to
implement these changes swiftly and to use all appropriate
measures to ensure that service members are informed about this
important survivor benefit and receive the assistance necessary
to make this important designation.
Clarification of application of retired pay multiplier percentage to
members of the uniformed services with over 30 years of service
(sec. 646)
The Senate amendment contained a provision (sec. 654)
that would authorize, in the case of an individual who became a
member of the armed services prior to September 8, 1980, and
who was recalled to active duty for a period of more than 2
years, recomputation of that member's retired pay according to
the provisions of section 1409 of title 10, United States Code.
The provision would also amend section 6333 of title 10, United
States Code, to conform that section to the provisions of
section 1409 of title 10, United States Code.
The House bill contained no similar provision.
The House recedes with a technical amendment.
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 (sec. 647)
The Senate amendment contained a provision (sec. 655)
that would reduce the age at which a member of the Ready
Reserve could draw retired pay below the age of 60 by 3 months
for every aggregate 90 days of active duty performed since
September 11, 2001 under certain mobilization authorities.
Under this provision, a member of the Ready Reserve could not
reduce the age at which they draw retired pay below the age of
50.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
applicability of the provision to service performed after the
date of enactment of this Act.
Computation of years of service for purposes of retired pay for non-
regular service (sec. 648)
The Senate amendment contained a provision (sec. 661)
that would increase to 130 the annual number of inactive duty
points that may be credited toward the computation of retired
pay for non-regular service.
The House bill contained no similar provision.
The House recedes.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits
Authority to continue commissary and exchange benefits for certain
involuntarily separated members of the armed forces (sec. 651)
The House bill contained a provision (sec. 652) that
would authorize members involuntarily separated from active
duty or the Selected Reserve to continue to use commissary and
exchange stores for 2 years after separation. This authority
would expire on December 31, 2012.
The Senate amendment contained no similar provision.
The Senate recedes.
Authorization of installment deductions from pay of employees of
nonappropriated fund instrumentalities to collect indebtedness
to the United States (sec. 652)
The House bill contained a provision (sec. 653) that
would clarify that executive branch instrumentalities have the
same access to procedures for collection of debts from federal
civilian employees as do judicial and legislative branch
instrumentalities under section 5514 of title 5, United States
Code.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify
that nonappropriated fund instrumentalities have access to the
debt collection procedures of section 5514 of title 5, United
States Code, and that employees of nonappropriated fund
instrumentalities are subject to those provisions.
Subtitle F--Consolidation of Special Pay, Incentive Pay, and Bonus
Authorities
Consolidation of special pay, incentive pay, and bonus authorities of
the uniformed services (sec. 661)
The House bill contained a provision (sec. 661) that
would reform and consolidate over 60 special pays and incentive
pays into the following eight categories: (1) bonuses for
enlisted members; (2) bonuses for officers; (3) bonuses and
incentive pays for nuclear officers; (4) bonuses and incentive
pays for aviation officers; (5) bonuses and incentive pays for
officers in health professions; (6) hazardous duty pays; (7)
assignment pays and special duty pays; and (8) skill incentive
pays and proficiency bonuses. The provision would also retain
separate authorities for 15-year career status bonuses,
critical skill retention bonuses, and the continuation of
combat zone-related pays and allowances for members
hospitalized as a result of combat-related wounds, injuries, or
illnesses.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would set
expiration dates of December 31, 2009 for all the new
categories of pays and would clarify the maximum amounts
allowable for the various pays under the new authority.
Transitional provisions (sec. 662)
The House bill contained a provision (sec. 662) that
would require the Secretary of Defense to develop, in
coordination with the Secretary of Homeland Security, the
Secretary of Health and Human Services, and the Secretary of
Commerce, a plan to implement the consolidation of special
pays, incentive pays, and bonus authorities and to submit the
plan to the congressional defense committees within 1 year of
the date of enactment of this Act. The provision would also
provide for an orderly transfer to the new authorities that
would be implemented on a pace set by the Secretary of Defense
with full implementation required within 10 years after the
date of enactment of this Act.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to submit to the congressional defense
committees a notice of the implementation of any new authority
at least 30 days before the new authority is first used.
Subtitle G--Other Matters
Referral bonus authorities (sec. 671)
The House bill contained a provision (sec. 605) that
would authorize an Army referral bonus to be paid to a service
member or civilian employee of the Department of the Army who
refers an officer candidate who is later appointed as an
officer in a health profession designated by the Secretary of
the Army.
The Senate amendment contained similar provisions (secs.
622 and 623) that would authorize the service secretaries to
approve a referral bonus for officer candidates in the health
professions for all the military services, codify existing
authority for the Army to pay a referral bonus to a service
member or civilian employee who refers a person to the Army who
enlists in a regular or reserve component, and extend the
authority to pay this bonus through December 31, 2008.
The House recedes with an amendment that would give the
Secretary of Defense discretionary authority to approve payment
by the Army, Navy, or Air Force of a bonus to encourage
Department of Defense personnel to refer persons for
appointment as officers to serve in a health profession.
Expansion of education loan repayment program for members of the
Selected Reserve (sec. 672)
The House bill contained a provision (sec. 671) that
would include additional types of loans incurred for
educational purposes by members of the Selected Reserve that
would be eligible for repayment by the Department of Defense.
The provision would also make both officer and enlisted
personnel eligible for loan repayment under this program.
The Senate amendment contained a similar provision (sec.
672).
The Senate recedes.
Ensuring entry into United States after time abroad for permanent
resident alien military spouses and children (sec. 673)
The House bill contained a provision (sec. 672) that
would allow permanent resident alien spouses and children of
service members stationed abroad under official orders to gain
readmission to the United States without their time overseas
being treated under the Immigration and Nationality Act as
abandonment or relinquishment of lawful permanent resident
status or as an absence for the purposes of establishing
citizenship.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Overseas naturalization for military spouses and children (sec. 674)
The House bill contained a provision (sec. 673) that
would allow certain permanent-resident spouses and children of
members of the armed forces who reside in foreign countries to
be naturalized. Under the provision, upon compliance with other
requirements of the Immigration and Nationality Act, the spouse
or child's physical presence in a foreign country while
accompanying the member would be treated as residence in the
United States or any State for the purpose of satisfying the
continuous presence requirements of the Act.
The Senate amendment contained a similar provision (sec.
682).
The Senate recedes with a technical amendment.
Modification of amount of back pay for members of Navy and Marine Corps
selected for promotion while interned as prisoners of war
during World War II to take into account changes in Consumer
Price Index (sec. 675)
The Senate amendment contained a provision (sec. 686)
that would amend section 667 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (Public Law 106-
398) to modify the method by which the Secretary of the Navy
calculates back pay owed to former service members who by
reason of being interned as prisoners of war were unable to
accept a promotion for which they had been selected. The
provision would require the calculation to account for changes
in the Consumer Price Index.
The House bill contained no similar amendment.
The House recedes.
Legislative Provisions Not Adopted
Access to defense commissary and exchange system by surviving spouse
and dependents of certain disabled veterans
The House bill contained a provision (sec. 651) that
would require the Secretary of Defense to revise regulations to
ensure access to the defense commissary and exchange system by
the surviving spouse and dependents of a veteran who had a
service-connected disability rated at 100 percent or total,
although the disability rating was awarded posthumously.
The Senate amendment contained no similar provision.
The House recedes.
The conferees believe that the change in the regulations
needed to appropriately recognize surviving spouses and
dependents of veterans who are posthumously determined to have
service-connected disabilities rated at 100 percent can be
accomplished without legislation. Accordingly, the conferees
direct the Secretary of Defense to revise the Department of
Defense regulations to provide such family members access to
the defense commissary and exchange system.
Annuities for guardians or caretakers of dependent children under
Survivor Benefit Plan
The Senate amendment contained a provision (sec. 652)
that would allow an unmarried service member with a dependent
child or children to elect, at the time of retirement, a
guardian or caretaker of that dependent child or children as
the beneficiary of the service member's Survivor Benefit Plan
annuity.
The House bill contained no similar provision.
The Senate recedes.
Disregarding periods of confinement of member in determining benefits
for dependents who are victims of abuse by the member
The House bill contained a provision (sec. 641) that
would amend section 1408 of title 10, United States Code, to
require the secretary concerned to consider as credible service
for purposes of determining retirement eligibility any periods
of confinement served by a member before convening authority
action on a record of trial regarding the member's conviction
of an offense involving abuse of a spouse or dependent child
The Senate amendment contained no similar provision.
The House recedes.
Effective date of paid-up coverage under Survivor Benefit Plan
The Senate amendment contained a provision (sec. 659)
that would amend section 1452(j) of title 10, United States
Code, to change the effective date for paid-up coverage under
the Survivor Benefit Plan from October 1, 2008 to October 1,
2007.
The House bill contained no similar provision.
The Senate recedes.
Guaranteed pay increase for members of the armed forces of one-half of
one percentage point higher than Employment Cost Index
The House bill contained a provision (sec. 606) that
would mandate that pay raises for all service members during
fiscal years 2009 through 2012 be one-half of 1 percent higher
than the annual rise in the Employment Cost Index.
The Senate amendment contained no similar provision.
The House recedes.
Payment of expenses of travel to the United States for obstetrical
purposes of dependents located in very remote locations outside
the United States
The Senate amendment contained a provision (sec. 641)
that would authorize the Secretary of Defense to pay travel
expenses for purposes of childbirth to a location in the United
States of a pregnant dependent of a service member assigned to
a very remote location outside the United States.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense to conduct
a review, in consultation with the Chairman of the Joint Chiefs
and the combatant commanders, of the quality of life challenges
confronted by military families at remote overseas locations.
The review should include a review of current policies and
procedures regarding the delivery of obstetrical care provided
to medical beneficiaries. In particular, the Secretary should
compare and contrast the current policy of transporting
pregnant women to centrally located government medical
facilities with a policy of providing women the opportunity to
return to the United States to give birth. The Secretary should
report the findings and recommendations to the Committees on
Armed Services of the Senate and the House of Representatives
not later than June 30, 2008.
Postal benefits program for members of the armed forces serving in Iraq
or Afghanistan
The House bill contained a provision (sec. 674) that
would require the Secretary of Defense, in consultation with
the United States Postal Service, to provide a postal benefits
program to service members serving in Iraq or Afghanistan, or
who are hospitalized in a Department of Defense facility as a
result of service in Iraq or Afghanistan.
The Senate amendment contained no similar provision.
The House recedes.
Transportation of additional motor vehicle of members on change of
permanent station to or from nonforeign areas outside the
continental United States
The House bill contained a provision (sec. 634) that
would authorize service members with at least one dependent of
driving age to ship two privately owned vehicles during
permanent change of station moves to nonforeign duty locations
outside the continental United States.
The Senate amendment contained no similar provision.
The House recedes.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Improvements to Military Health Benefits
One-year extension of prohibition on increases in certain health care
costs for members of the uniformed services (sec. 701)
The House bill contained a provision (sec. 701) that
would extend the prohibition established by the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364) on the Department of Defense from increasing the
premium, deductible, and copayment for TRICARE Prime; the
charge for inpatient care for TRICARE Standard; and the premium
for TRICARE Reserve Select and TRICARE Standard for members of
the Selected Reserve during the period from October 1, 2007, to
September 30, 2008.
The Senate amendment contained a similar provision (sec.
713).
The House recedes with a technical amendment.
The conferees believe that the Department of Defense and
the Nation have an obligation to provide health care benefits
to active duty, National Guard, reserve, and retired members of
the uniformed services and their families, disabled eligibles,
and survivors. Additionally, the Department has options to
constrain the growth of health care spending in ways that do
not disadvantage retired members of the uniformed services who
have faithfully fulfilled the demands of 20 to 30 year careers.
The conferees urge the Department to continue to identify
opportunities to improve the quality and effectiveness of the
military health care system through improved performance and
health care outcomes. The conferees believe that any increase
in TRICARE program cost sharing should be made only after
implementation of improvements in the health care program,
after consideration of the comprehensive reports mandated by
Congress in sections 711 and 713 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364), and following consultation with military beneficiary
advocates.
Temporary prohibition on increase in copayments under retail pharmacy
system of pharmacy benefits program (sec. 702)
The House bill contained a provision (sec. 702) that
would limit the cost sharing requirements for drugs provided
through the TRICARE retail pharmacy program to amounts not more
than $3 for generic drugs, $9 for formulary drugs, and $22 for
non-formulary drugs during fiscal year 2008.
The Senate amendment contained an identical provision
(sec. 714). The conference agreement includes this provision.
Inclusion of TRICARE retail pharmacy program in federal procurement of
pharmaceuticals (sec. 703)
The House bill contained a provision (sec. 703) that
would authorize the Secretary of Defense to exclude from the
pharmacy benefits program any pharmaceutical agent that is not
priced consistent with the pricing set forth under section 8126
of title 38, United States Code.
The Senate amendment contained a provision (sec. 701)
that would require that any prescription filled on or after
October 1, 2007 through the TRICARE retail pharmacy network
will be covered by the federal pricing limits applicable to
covered drugs under section 8126 of title 38, United States
Code.
The House recedes with an amendment that would change the
implementation date from October 1, 2007 to the date of
enactment of this Act.
Stipend for members of reserve components for health care for certain
dependents (sec. 704)
The House bill contained a provision (sec. 708) that
would authorize the Secretary of Defense to pay a stipend for
continuing health care coverage to reserve members called to
active duty with a dependent possessing a special health care
need that would best be met by remaining in the member's
civilian health plan.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the program to be implemented pursuant to regulations issued by
the Secretary.
The conferees intend that the stipend should be available
to eligible dependents regardless of whether their civilian
health plan is provided by private employers or the Federal
Government.
Authority for expansion of persons eligible for continued health
benefits coverage (sec. 705)
The Senate amendment contained a provision (sec. 706)
that would authorize the Secretary of Defense to expand
eligibility for continued health benefits coverage authorized
in section 1078a of title 10, United States Code, for
additional persons specified in regulations by the Secretary
for not more than 36 months after such persons lose entitlement
to Department of Defense health care benefits.
The House bill contained no similar provision.
The House recedes.
Continuation of eligibility for TRICARE Standard coverage for certain
members of the Selected Reserve (sec. 706)
The Senate amendment contained a provision (sec. 707)
that would allow federal employees already enrolled in TRICARE
Reserve Select under an existing program to remain in TRICARE
Reserve Select through the enrollment period for which they
qualified under the program as in effect on October 16, 2006.
The House bill contained no similar provision.
The House recedes.
Extension of pilot program for health care delivery (sec. 707)
The House bill contained a provision (sec. 707) that
would extend the pilot program established by the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375) to test initiatives that build cooperative
health care arrangements and agreements between military
installations and local, regional non-military health care
systems.
The Senate amendment contained no similar provision.
The Senate recedes.
Two sites were selected to test the pilot program, the
installations at Fort Drum, New York, and Yuma, Arizona. The
Department of Defense provided the Committees on Armed Services
of the Senate and the House of Representatives with an interim
report on the status of these programs. The conferees are
pleased that the results of the report are favorable and
indicate that the collaborative relationships created through
the pilots are benefitting both military and civilian health
care beneficiaries and providers. The conferees expect the
Department to share the lessons learned from these
collaborative efforts with other installations and expand such
programs where appropriate.
Inclusion of mental health care in definition of health care and report
on mental health care services (sec. 708)
The Senate amendment contained a provision (sec. 708)
that would clarify the Secretary of Defense's authority to
determine the appropriate payment amounts for mental health
services under the TRICARE program. This provision would also
require the Secretary to report to the Committees on Armed
Services of the Senate and the House of Representatives on the
adequacy of access to mental health services under the TRICARE
program.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
that mental health care is in the definition of health care
under section 1072 of title 10, United States Code.
The conferees intend that the Secretary will carefully
examine the adequacy of mental health payments under contracts
for care so as to ensure that TRICARE payment rates are not a
barrier to access to mental health services for eligible
Department of Defense beneficiaries.
Subtitle B--Studies and Reports
Surveys on continued viability of TRICARE Standard and TRICARE Extra
(sec. 711)
The Senate amendment contained a provision (sec. 702)
that would extend through 2011 the requirement for the
Secretary of Defense to conduct surveys to determine health
care and mental health care provider acceptance of the TRICARE
Standard and TRICARE Extra benefit. The provision would require
surveys of beneficiaries in addition to surveys of providers
and would require the Secretary to establish benchmarks for
primary and specialty care providers, to determine the adequacy
of providers available. The provision would also require the
Comptroller General of the United States to review the
processes, procedures, and analyses used by the Department of
Defense to determine the adequacy of the number of health care
and mental health care providers available to beneficiaries,
and to report on the results of this review to the Committees
on Armed Services of the Senate and the House of
Representatives on a biannual basis.
The House bill contained no similar provision.
The House recedes with an amendment that would delete the
requirement for a supervising official to be designated to
oversee the adequacy and accessibility of the TRICARE Standard
and TRICARE Extra programs. The amendment would also require
the Comptroller General to give a high priority to studying
areas with high concentrations of members of the Selected
Reserve.
The conferees note that TRICARE Regional Offices (TRO)
are responsible for overseeing the adequacy and accessibility
of health care and mental health care services to TRICARE
beneficiaries in their areas. The conferees expect the TROs to
perform these oversight duties, paying specific attention to
the needs of beneficiaries in TRICARE Standard and TRICARE
Reserve Select.
Report on training in preservation of remains under combat or combat-
related conditions (sec. 712)
The House bill contained a provision (sec. 710) that
would require the Secretary of Defense to submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the training in preservation of
remains in combat or combat-related conditions required by
section 567 of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364).
The Senate amendment contained no similar provision.
The Senate recedes.
Report on patient satisfaction surveys (sec. 713)
The Senate amendment contained a provision (sec. 703)
that would require the Secretary of Defense to submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the ongoing patient satisfaction
surveys taking place in inpatient and outpatient settings at
military treatment facilities.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Report on medical physical examinations of members of the armed forces
before their deployment (sec. 714)
The Senate amendment contained a provision (sec. 712)
that would require the Secretary of Defense to report to the
Committees on Armed Services of the Senate and the House of
Representatives by April 1, 2008, on: (1) the results of a
study of the frequency of medical examinations conducted by the
armed forces prior to deployment; (2) a comparison of policies
among the military departments of such medical examinations;
and (3) a business case analysis for a single pre-deployment
physical and single system for tracking medical examinations.
The House bill contained no similar provision.
The House recedes with an amendment that would delete the
requirement to report on the frequency of medical examinations.
The amendment would require an assessment of current policies
and the feasibility of implementing a single examination and
tracking system.
Report and study on multiple vaccinations of members of the armed
forces (sec. 715)
The House bill contained a provision (sec. 713) that
would require the Secretary of Defense to report to the
Committees on Armed Services of the Senate and the House of
Representatives on the Department's policies for administering
and evaluating multiple vaccinations of members of the armed
forces in a 24-hour period, including an assessment of
procedures to provide current information on such immunizations
to State Adjutants General. The provision would also require
the Secretary to study the safety and efficacy of administering
multiple vaccinations within a 24-hour period.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would delete
the requirement for the Secretary to conduct a safety and
efficacy study.
Review of gender- and ethnic group-specific mental health services and
treatment for members of the armed forces (sec. 716)
The Senate amendment contained a provision (sec. 1634)
that would require the Secretary of Defense and the Secretary
of Veterans Affairs to jointly conduct a comprehensive review
of: (1) the need for mental health treatment and services for
female members of the armed forces and veterans; and (2) the
efficacy and adequacy of existing mental health treatment
programs and services for female members of the armed forces
and veterans.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to conduct a comprehensive review of:
(1) the need for gender- and ethnic group-specific mental
health treatment and services for members of the armed forces;
and (2) the efficacy and adequacy of existing gender- and
ethnic group-specific mental health treatment programs and
services for members of the armed forces.
Licensed mental health counselors and the TRICARE program (sec. 717)
The House bill contained a provision (sec. 706) that
would amend section 1079 of title 10, United States Code, to
authorize licensed or certified mental health counselors to be
reimbursed for services provided to TRICARE beneficiaries
without prior physician referral or supervision.
The Senate amendment contained a provision (sec. 704)
that would require the Secretary of Defense to enter into a
contract with the Institute of Medicine of the National Academy
of Sciences or a similar organization to conduct an independent
study of individuals practicing as licensed mental health
counselors, social workers, and marriage and family therapists
under the TRICARE program and make recommendations for
permitting such professionals to practice independently under
the TRICARE program.
The Senate recedes with an amendment that would require a
study of the credentials, preparation, and training of
individuals practicing as licensed mental health counselors and
would require the Secretary of Defense to establish criteria
that licensed or certified mental health counselors would have
to meet in order to be able to independently provide care to
TRICARE beneficiaries and receive payment under the TRICARE
program for such services.
The conferees are aware that mental health counselors, in
contrast to the licensing practices of other health care
disciplines, have multiple routes to licensure. While the
conferees encourage the profession to work toward a single
certifying body or joint certification agreement, the
conference outcome would allow the Department of Defense to
create opportunities for the independent practice of licensed
mental health professionals who meet criteria established by
the Department in order to meet the immediate mental health
needs of service members and their families.
Report on funding of the Department of Defense for health care (sec.
718)
The Senate amendment contained a provision (sec. 1008)
that would require the President to submit a report to Congress
in any year that the armed forces are involved in a major
conflict if the budget for the Department of Defense for health
care is less than the amount provided by Congress for the
preceding fiscal year or if the allocation from the Defense
Health Program to any military department is less than the
allocation in the preceding fiscal year. The report would
include the reason for the lesser amount or allocation and the
anticipated effects of the reduction.
The House bill contained no similar provision.
The House recedes with an amendment that would terminate
this provision on December 31, 2017 and would remove the
condition that the armed forces be involved in a major
conflict.
Subtitle C--Other Matters
Prohibition on conversion of military medical and dental positions to
civilian medical and dental positions (sec. 721)
The House bill contained a provision (sec. 704) that
would establish a permanent prohibition on the secretaries of
the military departments from converting any military medical
or dental position to a civilian medical or dental position on
or after October 1, 2007. This provision would also require a
report to the congressional defense committees on such
conversions made during fiscal year 2007.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the prohibition to end on September 30, 2012. The amendment
would also require that any military medical or dental position
that has been converted to a civilian medical or dental
position from October 1, 2004 through September 30, 2008 be
restored to a military medical or dental position if the
position is not filled by a civilian by September 30, 2008.
The conferees are concerned that the military departments
have not fully addressed the certification requirements
contained in section 724 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364),
and thus lack assurance that planned conversions will not
increase costs, decrease access to care, decrease quality of
care, or negatively impact recruitment and retention of
military personnel.
In addition, the conferees have learned that military to
civilian conversions have had a negative impact on the ability
of the military health system to provide health care to service
members and their families, have compounded the impact of
multiple deployments on military medical personnel, and could
impact adequate staffing of wounded warrior transition units.
The conferees are concerned that, despite these concerns, the
military departments have continued to convert military medical
positions to civilian medical positions. Therefore, the
conferees prohibit the conversion of military medical positions
to civilian positions until September 30, 2012.
Establishment of Joint Pathology Center (sec. 722)
The House bill contained a provision (sec. 709) that
would require the Secretary of Defense to establish a Joint
Pathology Center located on the National Naval Medical Center
in Bethesda, Maryland. The center would function as the
reference center in pathology for the Department of Defense and
the Department of Veterans Affairs, providing services in:
diagnostic pathology consultation in medicine, dentistry, and
veterinary sciences; pathology education, to include graduate
medical education, including residency and fellowship programs,
and continuing medical education; and diagnostic pathology
research.
The Senate amendment contained a similar provision (sec.
1095) that would allow the Secretary to establish a Joint
Pathology Center, to the extent that establishing such a center
is consistent with the recommendations of the 2005 Defense Base
Closure and Realignment Commission.
The Senate recedes with an amendment that would require
the President to establish a Joint Pathology Center.
The conferees believe that having a Joint Pathology
Center performing second opinion consults is integral to
pathology education and residency programs and that the Federal
Government should continue to perform this essential mission.
The conferees find that the recommendations of the 2005
Defense Base Closure and Realignment Commission Final Report
provide the flexibility to establish a Joint Pathology Center
as a Department of Defense or federal entity. The President
would be required to make a determination as to whether to
establish the Joint Pathology Center inside the Department of
Defense or in another agency such as the Department of Health
and Human Services. The conferees expect the President to
consider, in making his determination, whether establishing the
center within the Department of Defense is consistent with the
recommendations of the 2005 Defense Base Closure and
Realignment Commission.
Legislative Provisions Not Adopted
Establishment of nurse practitioner program
The House bill contained a provision (sec. 705) that
would require the Secretary of Defense to establish a graduate
education program for advanced-practice nursing at the
Uniformed Services University of the Health Sciences.
The Senate amendment contained no similar provision.
The House recedes.
Sense of Congress on fees and adjustments under the TRICARE program
The Senate amendment contained a provision (sec. 715)
that would state the sense of Congress on fees and adjustments
under the TRICARE program.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that portions of this provision have
been included elsewhere in this report.
Implementation of recommendations of Department of Defense Mental
Health Task Force
The Senate amendment contained a provision (sec. 709)
that would require the Secretary of Defense to implement the
recommendations of the Department of Defense Task Force on
Mental Health (Task Force) as soon as practicable, but not
later than May 31, 2008.
The House bill contained no similar provision.
The Senate recedes.
The conferees understand that the Secretary of Defense
intends to implement nearly all of the 95 recommendations of
the Task Force for improvements in the psychological health of
members of the armed forces and their families.
The conferees will closely monitor the Department's
efforts to implement these recommendations, especially those
focused on access to mental health services for deployed
members and their families and on ensuring an adequate supply
of highly qualified uniformed mental health care providers.
The conferees direct the Secretary of Defense to submit
to the congressional defense committees not later than March 1,
2008, a report on the implementation of each recommendation.
The report will include: (1) the expected date of
implementation of each recommendation that will be fully
implemented; (2) a description of and reason for any
modification of a recommendation and the expected date of
implementation of the modified recommendation; and (3) the
reason for not implementing any recommendation that will not be
implemented.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Short title (sec. 800)
The conferees agree to a provision that would provide
that this title may be cited as the ``Acquisition Improvement
and Accountability Act of 2007''.
Subtitle A--Acquisition Policy and Management
Internal controls for procurements on behalf of the Department of
Defense by certain non-defense agencies (sec.801)
The House bill contained a provision (sec. 803) that
would require the Under Secretary of Defense for Acquisition,
Technology, and Logistics to issue guidelines on the use of
interagency contracting by the Department of Defense.
The Senate amendment contained a provision (sec. 846)
that would require inspector general reviews to determine
whether procurements conducted by certain non-defense agencies
on behalf of the Department have been conducted in compliance
with defense procurement requirements.
The Senate recedes with an amendment that would combine
the requirements of the two provisions.
Lead systems integrators (sec. 802)
The House bill contained a provision (sec. 806) that
would prohibit the Department of Defense from awarding new
contracts for lead systems integrator functions, effective
October 1, 2011.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would prohibit
the Department of Defense from awarding new contracts for lead
systems integrator functions, effective October 1, 2010, to any
entity that was not performing lead system integrator functions
for the same system prior to the date of the enactment of this
Act. The provision would also prohibit the award of any new
contract for lead system integrator functions for a major
system that has proceeded beyond low-rate initial production,
effective upon the date of enactment of this Act, absent a
written waiver by the Secretary of Defense that meets
conditions specified in the provision.
Reinvestment in domestic sources of strategic materials (sec. 803)
The House bill contained a provision (sec. 808) that
would require that all Department of Defense solicitations for
major weapon systems include an evaluation criteria addressing
the extent to which suppliers of strategic materials
demonstrate a record of sustained reinvestment in domestic
production of such materials.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Strategic Materials Protection Board established pursuant
to section 187 of title 10, United States Code, to perform an
assessment of the extent to which sources of strategic
materials are reinvesting in domestic production of such
materials.
Clarification of the protection of strategic materials critical to
national security (sec. 804)
The House bill contained a provision (sec. 809) that
would address the use of domestic non-availability
determinations and commercial item exceptions with regard to
the requirement to buy strategic materials from American
sources pursuant to section 2533b of title 10, United States
Code.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would revise
section 2533b to address the availability and use of domestic
non-availability determinations, commercial item exceptions,
purchases of fasteners, purchases of high-performance magnets,
purchases of electronic components, de minimis purchases,
purchases of commercial derivative military articles, and
national security waivers. The conferees intend the revised
provision to ensure that defense contractors comply with
requirements to purchase domestic specialty metals without
impeding the ability of the Department of Defense to acquire
weapon systems when and as needed.
The conferees agree that the term ``electronic
components'', as used in this provision, does not include any
assembly, such as a radar, that incorporates structural or
mechanical parts. In addition, the conferees agree that the
term ``high performance magnet'', as used in the provision,
means permanent magnets containing 10 or more percent by weight
of materials such as cobalt, samarium, or nickel. The conferees
note that high performance magnets have been fully or partially
excluded from some of the exceptions added by this section. The
conferees intend in doing so to ensure that the Department
continues to procure such magnets from domestic sources
whenever possible and consistent with this section.
Section 2533b, as amended, would authorize streamlined
compliance for commercial derivative military articles, based
on a contractor's certification that minimum threshold
quantities are being purchased during the period of contract
performance. The provision specifies that the speciality metal
must be purchased for use during the period of contract
performance in the production of the commercial derivative
military article and the related commercial article.
Domestically-melted specialty metal that is purchased for use
in the production of commercial derivative military articles
acquired under one contract may not be used as a basis for an
exception to the requirements of this section for the
acquisition of the same or other commercial derivative military
articles under a different contract.
The conferees note that commercially available off-the-
shelf fasteners would be exempt from the requirements of
subsection (a) of section 2533b of title 10, United States
Code, only to the limited extent provided in paragraph
(h)(2)(D). However, nothing in this section precludes the use
of other exceptions or waivers available to the Secretary with
regard to such fasteners, to the extent that they are
applicable.
The conferees direct the Secretary of Defense to ensure,
in promulgating rules to implement the minimum threshold in
subsection (j) of section 2533b, as amended, that such
threshold applies to the specialty metals contained in an item
delivered to the Department of Defense and may not be applied
on a piecemeal basis to a subsystem or component of such item.
Finally, the conferees understand that the recently
published rule regarding commercially available off-the-shelf
items, and other recent domestic non-availability
determinations that apply to multiple contracts and which were
based on the availability of components, rather than speciality
metals, will have to be reviewed and amended to comply with
section 2533b of title 10, United States Code, as amended by
this provision. The conferees encourage the Department to
ensure that the exceptions provided by subsections (b) through
(k) of the revised section 2533b are utilized through an open
and transparent process, to the extent consistent with the
protection of national security information and confidential
business information.
Procurement of commercial services (sec. 805)
The House bill contained a provision (sec. 801) that
would require the Administrator for Federal Procurement Policy
to modify the Federal Acquisition Regulation to narrow the
regulatory definition of commercial services.
The Senate amendment contained a provision (sec. 823)
that would limit the use of time and materials contracts to
purchase commercial services for or on behalf of the Department
of Defense.
The Senate recedes with an amendment that would require
the Secretary of Defense to modify the regulations of the
Department of Defense to: (1) authorize the contracting officer
in the procurement of certain commercial services to require
offerors to submit sufficient information to evaluate, through
price analysis, the reasonableness of the proposed price; and
(2) address the categories of services which may be purchased
for or on behalf of the Department of Defense pursuant to
commercial time and materials contracts.
Specification of amounts requested for procurement of contract services
(sec. 806)
The Senate amendment contained a provision (sec. 843)
that would require the Department of Defense (DOD) to clearly
and separately identify in its budget justification materials
the amounts requested in each budget account for the
procurement of contract services.
The House bill contained no similar provision.
The House recedes with an amendment that would: (1)
require that the materials submitted clearly identify amounts
requested for each category of service for each DOD component,
installation, or activity; and (2) provide that the provision
takes effect for fiscal years after fiscal year 2009.
The conferees note that the military services currently
identify certain categories of services--such as engineering
and technical services and advisory and assistance services--in
their budget justification documents. The conferees expect that
these and other categories of services will be identified
separately in the budget justification materials submitted in
accordance with this provision. In addition, the conferees
expect the budget justification materials to identify the total
amount in each account for contract services for each DOD
component, installation, or activity for which funding for such
services is requested.
The conferees further note that section 2330a of title
10, United States Code requires the Secretary of Defense to
establish a data collection system to provide management
information on DOD purchases of contract services. The
conferees encourage the Department to utilize the required data
collection system and ensure that budget information is
collected and reported in a manner that is consistent with the
collection and reporting of information on expenditures.
Inventories and reviews of contracts for services (sec. 807)
The House bill contained a provision (sec. 326(b)) that
would require the Secretary of Defense to establish an
inventory of work performed by contractors.
The Senate amendment contained a provision (sec. 845)
that would require the secretary of each military department
and the head of each defense agency to maintain an inventory of
activities performed pursuant to contracts for services based
on cost or time of performance.
The House recedes with an amendment that would codify a
requirement for the Secretary of Defense to maintain an annual
inventory of activities performed pursuant to contracts for
services for or on behalf of the Department of Defense. The
provision would require the secretaries of the military
departments and the heads of defense agencies to conduct
certain review and planning activities on the basis of the
annual inventories.
Independent management reviews of contracts for services (sec. 808)
The Senate amendment contained a provision (sec. 847)
that would require the Secretary of Defense to issue guidance
to provide for independent management reviews of contracts for
services.
The House bill contained no similar provision.
The House recedes with an amendment that would extend the
amount of time for the Secretary to issue the required guidance
and add additional matters to be addressed in the guidance. In
addition to the matters required in the Senate provision, the
independent management reviews would be required to
specifically address issues raised by contracts under which an
agency uses one contractor to perform program management and
other acquisition services with regard to services performed by
other contractors.
The conferees note the military services and defense
agencies are beginning to rely on a single contractor to
oversee program management of large services contracts, in a
manner similar to that of the ``lead systems integrator''
concept on hardware programs.
For example, the conferees understand that the program
structure for the Defense Logistics ``tire privatization''
program places extensive control for the management, supply,
and distribution of military tires into the hands of a single
contractor. Similarly, the Army's Warfighter Field Operations
Customer Support (Warfighter FOCUS) consolidates several
existing contracts for training aids, simulators, and ranges
used by the active, reserve, and Guard components of the Army
into a single contract for life cycle support to be managed by
a single large prime contractor over a 10 year period.
The conferees are concerned that the trend toward large
single contracts for the procurement of services may undermine
competition and result in unequal access to information about
future government needs. The conferees expect the Department of
Defense to review these issues and take appropriate action to
ensure that, to the extent that the Department continues to
rely upon such contracts, they do not result in the exclusion
or unequal treatment of competing contractors.
Implementation and enforcement of requirements applicable to
undefinitized contractual actions (sec. 809)
The Senate amendment contained a provision (sec. 848)
that would require the Secretary of Defense to issue guidance,
with detailed implementation instructions, for the Department
of Defense (DOD) to ensure the implementation and enforcement
of requirements applicable to undefinitized contractual actions
(UCAs).
The House bill contained no similar provision.
The House recedes with an amendment clarifying the issues
to be addressed in the guidance.
The conferees note that the DOD already has requirements
in place regarding the use of UCAs. However, the Government
Accountability Office (GAO) reported in June 2007 that DOD has
frequently failed to comply with these requirements.
For example, the Defense Federal Acquisition Regulation
Supplement (DFARS) states that when the final price of a UCA is
negotiated after a substantial portion of the required
performance has been completed, the negotiated profit rate
should reflect any reduced cost risk to the contractor for
costs incurred during contract performance before negotiation
of the final price. Section 215.404-71-3(d)(2) of the DFARS
states: ``When costs have been incurred prior to
definitization, generally regard the contract type risk to be
in the low end of the designated range. If a substantial
portion of the costs have been incurred prior to
definitization, the contracting officer may assign a value as
low as 0 percent, regardless of contract type.'' However, GAO
found no evidence that DOD contracting officers have been
observing these requirements in the negotiation of contract
fees. The conferees expect the guidance issued pursuant to this
section to include procedures for ensuring compliance with
these and other requirements regarding UCAs.
Clarification of limited acquisition authority for Special Operations
Command (sec. 810)
The House bill contained a provision (sec. 817) that
would clarify the authorities available to U.S. Special
Operations Command (SOCOM) by codifying the position of
acquisition executive and senior procurement executive,
respectively, by amending section 167(e)(4) of title 10, United
States Code.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that codifies the
position of the SOCOM command acquisition executive, and
deletes language stating that the acquisition executive shall
have the same duties and authorities as the service acquisition
executives. Furthermore, this provision states that the command
acquisition executive is responsible for supervising all SOCOM
acquisition matters regardless of whether or not such an
activity is carried out by the command or by a military
department (MILDEP) pursuant to a delegation of authority by
the command. The provision further authorizes the command
acquisition executive to negotiate acquisition-related
memoranda of agreement with the MILDEPs, to ensure proper
representation of the command in acquisition discussions, and
to receive acquisition directives and instructions of the
department.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Requirements applicable to multiyear contracts for the procurement of
major systems of the Department of Defense (sec. 811)
The Senate amendment contained a provision (sec. 801)
that would define the term ``substantial savings'' for the
purposes of authorizing multiyear contracts.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to certify in writing by no later than
March 1 of a year in which the Secretary requests legislative
authority to enter into a multiyear contract for which such
authority is required that he has made certain determinations
with regard to such contract.
The conferees agree that ``substantial savings'' under
section 2306b(a)(1) of title 10, United States Code, means
savings that exceed 10 percent of the total costs of carrying
out the program through annual contracts, except that multiyear
contracts for major systems providing savings estimated at less
than 10 percent should only be considered if the Department
presents an exceptionally strong case that the proposal meets
the other requirements of section 2306b(a), as amended. The
conferees agree with a Government Accountability Office finding
that any major system that is at the end of its production line
is unlikely to meet these standards and therefore would be a
poor candidate for a multiyear procurement contract.
The conferees further agree that the Cost Analysis
Improvement Group must be tasked and resourced to perform the
cost estimates required by this section in a timely manner to
ensure compliance with this section.
Changes to Milestone B certifications (sec. 812)
The Senate amendment contained a provision (sec. 802)
that would: (1) require that the milestone decision authority
(MDA) receive a business case analysis before making a
Milestone B certification under section 2366a of title 10,
United States Code; and (2) require the program manager for a
major defense acquisition program (MDAP) to immediately notify
the MDA of significant changes to the MDAP after a Milestone B
certification is made.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
the requirements for Milestone B certifications.
Comptroller General report on Department of Defense organization and
structure for major defense acquisition programs (sec. 813)
The Senate amendment contained a provision (sec. 803)
that would require the Comptroller General to report to the
congressional defense committees on potential modifications to
the Department of Defense organization and structure for major
defense acquisition programs.
The House bill contained no similar provision.
The House recedes with an amendment striking two of the
elements of the study and adding a new element: a review of
whether, and how, the combatant commands should participate in
long-term planning for future capabilities.
The conferees agree that the review of shorter, more
frequent acquisition milestones should include appropriate
consideration of: (1) separate milestones at the time of
approval of a mission need statement, approval of a capability
need definition, technology development and assessment, system
development and demonstration, final design, production
prototyping and testing, limited production, and full-rate
production; and (2) a requirement that appropriate officials
certify to the Milestone Decision Authority that exit criteria
related to cost, schedule, technological maturity, and
performance factors have been met prior to a program proceeding
to the next milestone.
Clarification of submission of cost or pricing data on noncommercial
modifications of commercial items (sec. 814)
The House bill contained a provision (sec. 812) that
would clarify certain thresholds in the Truth in Negotiations
Act (10 U.S.C. 2306a).
The Senate amendment contained a similar provision (sec.
822(c)).
The Senate recedes with a technical amendment.
Clarification of rules regarding the procurement of commercial items
(sec. 815)
The House bill contained a provision (sec. 811) that
would amend the Truth in Negotiations Act, section 2306a of
title 10, United States Code, to require the submission of cost
or pricing data for sole-source contracts for commercial items
if needed to determine that a price is fair and reasonable.
The Senate amendment contained a provision (sec. 822)
that would amend section 2379 of title 10, United States Code,
to narrow the categories of subsystems, components, and spare
parts of major weapon systems that may be purchased as
commercial items.
The House recedes with an amendment that would authorize
the contracting officer in the procurement of a major weapon
system, or subsystems, components, or spare parts for a major
weapon system to require offerors to submit sufficient
information to evaluate, through price analysis, the
reasonableness of the proposed price. The information required
to be submitted may include information on prices paid for the
same or similar items under comparable terms and conditions
and, if the contracting officer determines that price
information is not sufficient to determine the reasonableness
of price, other relevant information regarding the basis of
price or cost, including information on labor costs, material
costs, and overhead rates.
The conferees expect that a contracting officer's written
determination under this section will include an explanation of
the basis for the contracting officer's determination that: (1)
the item is a commercial item; and (2) the information provided
by the contractor is sufficient to evaluate the reasonableness
of price.
Review of systemic deficiencies on major defense acquisition programs
(sec. 816)
The House bill contained a provision (sec. 847) that
would require each component of the Department of Defense that
has multiple programs experiencing excessive cost growth in any
fiscal year to identify and report on systemic deficiencies in
its acquisition policies and practices that may have
contributed to such cost growth.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Under Secretary of Defense for Acquisition, Technology, and
Logistics to conduct an annual review of systemic deficiencies
in major defense acquisition programs that have led to critical
cost threshold breaches or required recertification of programs
by the Joint Requirements Oversight Council.
Investment strategy for major defense acquisition programs (sec. 817)
The Senate amendment contained a provision (sec. 804)
that would require the Secretary of Defense to submit a report
to the congressional defense committees on the strategies of
the Department of Defense for balancing the allocation of funds
and other resources among major defense acquisition programs.
The report would also address the role of the Tri-Chair
Committee of the Department of Defense in the resource
allocation process for major defense acquisition programs.
The House bill contained no similar provision.
The House recedes with an amendment that would require
that the report also address, to the maximum extent
practicable, any changes to the budget, acquisition, and
requirements processes of the Department of Defense that the
Department has undertaken or plans to undertake as a result of
changes in law made by provisions of this Act.
Report on implementation of recommendations on total ownership cost for
major weapon systems (sec. 818)
The Senate amendment contained a provision (sec. 805)
that would require the Secretary of Defense to report to the
congressional defense committees on the implementation of
recommendations by the Comptroller General regarding total
ownership cost for major weapon systems.
The House bill contained no similar provision.
The House recedes.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Plan for restricting government-unique contract clauses on commercial
contracts (sec. 821)
The House bill contained a provision (sec. 813) that
would require the Under Secretary of Defense for Acquisition,
Technology, and Logistics to develop and implement a plan to
minimize the number of government-unique contract clauses used
in commercial contracts.
The Senate amendment contained no similar provision.
The Senate recedes.
Extension of authority for use of simplified acquisition procedures for
certain commercial items (sec. 822)
The House bill contained a provision (sec. 814) that
would extend the authority of the Department of Defense to use
simplified acquisition procedures for the acquisition of
certain commercial items.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require a
report on the use of the authority.
Five-year extension of authority to carry out certain prototype
projects (sec. 823)
The House bill contained a provision (sec. 816) that
would extend for 5 years the authority of the Secretary of
Defense to carry out certain prototype projects.
The Senate amendment contained an identical provision
(sec. 825). The conference agreement includes this provision.
Exemption of Special Operations Command from certain requirements for
certain contracts relating to vessels, aircraft, and combat
vehicles (sec. 824)
The House bill contained a provision (sec. 818) that
would exempt U.S. Special Operations Command from leasing
limitations as required in section 2401 of title 10, United
States Code.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would permit
the Secretary of Defense to exempt U.S. Special Operations
Command from leasing limitations regarding substantial
termination liability, as required in section 2401 of title 10,
United States Code, if he or she can certify that specified
conditions have been met, and informs Congress in advance of
the certification.
Provision of authority to maintain equipment to Unified Combatant
Command for Joint Warfighting (sec. 825)
The House bill contained a provision (sec. 819) that
would clarify the acquisition authority of the Unified
Combatant Command for Joint Warfighting.
The Senate amendment contained a similar provision (sec.
874).
The Senate recedes with an amendment that would extend
the authority for two years.
Market research (sec. 826)
The House bill contained a provision (sec. 820) that
would require the Secretary of Defense to take certain steps to
ensure that the Department of Defense and its prime contractors
conduct appropriate market research before making purchases for
or on behalf of the Department.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would provide
additional flexibility to the Secretary in providing for market
research.
The conference agreement directs the Secretary to work to
develop market research tools to assist contracting officers
and prime contractors in performing market research. In
developing such tools, the conferees expect the Secretary to
give appropriate consideration to the use of web-based tools
such as search engines.
Modification of competition requirements for purchases from Federal
Prison Industries (sec. 827)
The Senate amendment contained a provision (sec. 824)
that would tighten requirements for competition in Department
of Defense purchases from Federal Prison Industries.
The House bill contained no similar provision.
The House recedes.
Multiyear contract authority for electricity from renewable energy
sources (sec. 828)
The Senate amendment contained a provision (sec. 826)
that would authorize the Secretary of Defense to enter
contracts for up to 10 years for the purchase of electricity
from sources of renewable energy.
The House bill contained no similar provision.
The House recedes with an amendment clarifying that the
authority provided in this provision does not preclude the use
of any other multiyear contracting authority available to the
Department of Defense for the purchase of electricity from
renewable sources.
Procurement of fire resistant rayon fiber for the production of
uniforms from foreign sources (sec. 829)
The Senate amendment contained a provision (sec. 827)
that would authorize the continued procurement of fire
resistant rayon fiber for the production of uniforms from
foreign sources under certain conditions. The provision would
expire 5 years after the date of the enactment of this Act.
The House bill contained no similar provision.
The House recedes.
Comptroller General review of noncompetitive awards of congressional
and executive branch interest items (sec. 830)
The Senate amendment contained a provision (sec. 828)
that would establish special competition rules for contracts
awarded by the Department of Defense to implement new programs
or projects pursuant to congressional initiatives.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Comptroller General of the United States to compare the
procedures used by the Department of Defense for contracts to
implement new programs or projects pursuant to congressional
initiatives with the procedures used for contracts to implement
new programs or projects of special interest to senior
executive branch officials.
Subtitle D--Accountability in Contracting
Commission on Wartime Contracting in Iraq and Afghanistan (sec. 841)
The Senate amendment contained a provision (sec. 1539(a))
that would establish a Commission on Wartime Contracting to
review federal contracting for the reconstruction of Iraq and
Afghanistan, logistical support of coalition forces operating
in Iraq and Afghanistan, and the performance of security and
intelligence functions in Iraq and Afghanistan.
The House bill contained no similar provision.
The House recedes with an amendment deleting the review
of contracting for intelligence functions from the Commission's
responsibilities and making certain modifications to the
structure of the Commission.
Investigation of waste, fraud, and abuse in wartime contracts and
contracting processes in Iraq and Afghanistan (sec. 842)
The Senate amendment contained a provision (sec. 1539(b))
that would require the Special Inspector General for Iraq
Reconstruction to conduct a series of audits of contracts for
the logistical support of coalition forces in Iraq and
Afghanistan and contracts for the performance of security and
reconstruction functions in Iraq and Afghanistan.
The House bill contained no similar provision.
The House recedes with an amendment that would provide
for the audits to be conducted by the inspectors general with
jurisdiction over the relevant contracts. The audits would be
conducted pursuant to audit plans developed by the Department
of Defense Inspector General, the Special Inspector General for
Iraq Reconstruction, and the Special Inspector General for
Afghanistan Reconstruction, and would be coordinated through
councils and working groups composed of the relevant inspectors
general.
The conferees do not intend for the audits conducted
pursuant to this section to duplicate audit work previously
performed under other authority.
Enhanced competition requirements for task and delivery order contracts
(sec. 843)
The House bill contained a provision (sec. 821) that
would address the issue of competition in contracting on a
government-wide basis.
The Senate amendment contained a provision (sec. 821)
that would encourage the use of multiple-award task and
delivery order contracts in lieu of single-award contracts,
enhance requirements for the competition of task orders and
delivery orders under multiple-award contracts, and authorize
bid protests for task or delivery orders in excess of $5.0
million under such contracts.
The House bill contained no similar provision.
The House recedes with an amendment that would address
the competition issues in the Senate provision on a government-
wide basis. The provision would raise the threshold for bid
protests to $10.0 million and sunset the authorization for bid
protests after 3 years. The conferees expect that the sunset
date will provide Congress with an opportunity to review the
implementation of the provision and make any necessary
adjustments.
Public disclosure of justification and approval documents for
noncompetitive contracts (sec. 844)
The House bill contained a provision (sec. 823) that
would require public disclosure of justification and approval
documents for noncompetitive contracts.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the disclosure of such documents through appropriate websites,
rather than through the Federal Procurement Data System.
Disclosure of government contractor audit findings (sec. 845)
The House bill contained a provision (sec. 824) that
would require the head of each federal agency to submit
quarterly reports to Congress on completed audits of
contractors performed by the agency or department.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the inclusion of significant findings in final, completed
audits of contractors in the semiannual reports submitted to
Congress by Inspectors General pursuant to section 5 of the
Inspector General Act (Public Law 95-452, as amended). The
provision would provide for the redaction from such reports of
information that is exempt from public disclosure under the
Freedom of Information Act (section 552(b) of title 5, United
States Code).
Protection of contractor employees from reprisal for disclosure of
certain information (sec. 846)
The Senate amendment contained a provision (sec. 861)
that would provide enhanced protection for contractor employees
who disclose evidence of waste, fraud, or abuse on Department
of Defense contracts.
The House bill contained no similar provision.
The House recedes with an amendment that would: expand
the categories of government officials to whom a protected
communication may be made; expand the categories of waste,
fraud, and abuse about which a protected communication may be
made; and establish a de novo right of action in federal
district court for contractor employees who have exhausted
their administrative remedies under the provision.
Requirements for senior Department of Defense officials seeking
employment with defense contractors (sec. 847)
The Senate amendment contained a provision (sec. 862)
that would require contractors that receive defense contracts
in excess of $10.0 million to report to the Department of
Defense (DOD) on an annual basis on certain former senior DOD
officials who receive compensation from the contractor.
The House bill contained no similar provision.
The House recedes with an amendment that would require
certain former senior DOD officials to obtain written opinions
from the appropriate DOD ethics officials before accepting
compensation from DOD contractors.
The conferees encourage covered DOD officials to request
the required written opinion from an ethics counselor regarding
post-employment restrictions that may apply to the official
prior to leaving the Department whenever possible.
Report on contractor ethics programs of major defense contractors (sec.
848)
The Senate amendment contained a provision (sec. 863)
that would require the Comptroller General to report to the
Committees on Armed Services of the Senate and the House of
Representatives on the internal ethics programs of major
defense contractors.
The House bill contained no similar provision.
The House recedes with a technical amendment.
In conducting the required review, the conferees direct
the Comptroller General to report on the extent to which the
internal ethics programs of major defense contractors include:
(1) disclosure of personal financial interests and outside
employment by key personnel performing work for the government;
(2) conflict mitigation measures for addressing any personal
conflicts of interest of employees in connection with their
work on Department of Defense contracts; and (3) procedures for
reporting these personal conflicts of interest and any
mitigation measures to the Department of Defense.
Contingency contracting training for personnel outside the acquisition
workforce and evaluations of Army Commission recommendations
(sec. 849)
The Senate amendment contained a provision (sec. 865)
that would require the Secretary of Defense to provide for
appropriate training of military personnel outside the
acquisition workforce who are expected to have acquisition
responsibilities during combat operations, post-conflict
operations, and contingency operations.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense and the Secretary of the Army to
review the recommendations of the Commission on Army
Acquisition and Program Management in Expeditionary Operations
and report to the congressional defense committees on steps
that they have taken or plan to take to implement those
recommendations. The conferees agree with the Commission's
conclusion that acquisition failures in expeditionary
operations urgently require a systemic fix of Army contracting
and urge the Secretary of Defense and the Secretary of the Army
to act on the Commission's recommendations as expeditiously as
possible.
Subtitle E--Acquisition Workforce Provisions
Requirement for section on defense acquisition workforce in strategic
human capital plan (sec. 851)
The House bill contained a provision (sec. 802(b)) that
would require the Secretary of Defense to include a section on
the acquisition workforce in annual updates of the strategic
human capital plan required under section 1122 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163).
The Senate amendment contained a similar provision (sec.
844(h)).
The Senate recedes with an amendment clarifying the
issues to be addressed in the plan.
Department of Defense acquisition workforce development fund (sec. 852)
The Senate amendment contained a provision (sec. 844)
that would establish an acquisition workforce development fund
to ensure that the Department of Defense (DOD) has the
capacity, in both personnel and skills, needed to properly
perform its mission, provide appropriate oversight of
contractor performance, and provide the best value for the
expenditure of public resources in DOD acquisitions. The fund
would be financed through quarterly remittances by the military
departments and defense agencies.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the Secretary of Defense to reduce the percentages on which
remittances to the fund are based, if the Secretary determined
that credits to the fund would otherwise exceed amounts
reasonably needed for the development of the DOD acquisition
workforce. The provision would establish minimum levels, below
which the Secretary would not be permitted to reduce annual
remittances to the fund.
The conferees note that the final report of the
Commission on Army Acquisition and Program Management in
Expeditionary Operations, released on October 31, 2007, found
that the Army has failed to recognize the importance of the
contracts requirement development process, failed to allocate
resources needed for contract management, and failed to provide
defined clear paths for contracting professionals. The report
concluded that ``contracting, from requirements definition to
contract management, is not an Army Core Competence. The Army
has excellent, dedicated people, but they are understaffed,
overworked, under-trained, under-supported and, most important,
under-valued.''
Unfortunately, these shortcomings, which have increased
the Army's vulnerability to fraud, waste, and abuse, are not
limited to the Department of the Army. The Acquisition Advisory
Panel chartered pursuant to section 1423 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-
136) reported that the failure of DOD and other federal
agencies to adequately fund the acquisition workforce is ``
`penny wise and pound foolish,' as it seriously undermines the
pursuit of good value for the expenditure of public
resources.'' The fund established by this provision is intended
to address this problem by making the investments needed to
reinvigorate the DOD acquisition workforce.
Extension of authority to fill shortage category positions for certain
federal acquisition positions (sec. 853)
The House bill contained a provision (sec. 815) that
would amend section 1413 of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136) to extend the
authority of federal agencies to treat certain acquisition
positions as shortage category positions.
The Senate amendment contained a provision (sec. 844(g))
that would have provided a similar extension, applicable only
to the Department of Defense.
The Senate recedes.
Repeal of sunset of acquisition workforce training fund (sec. 854)
The House bill contained a provision (sec. 802(a)) that
would repeal the sunset of the acquisition workforce training
fund established pursuant to section 37(h) of the Office of
Federal Procurement Policy Act (41 U.S.C. 433(h)).
The Senate amendment contained no similar provision.
The Senate recedes.
Federal acquisition workforce improvements (sec. 855)
The House bill contained a provision (sec. 825) that
would require the Administrator for Federal Procurement Policy
to conduct a study of the composition, scope, and functions of
the government-wide acquisition workforce and develop a
comprehensive definition of, and method of measuring the size
of, such workforce.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment directing the
Administrator to: designate a member of the Senior Executive
Service as Associate Administrator for Acquisition Workforce
Programs; work with agency heads to establish acquisition
training programs; develop performance standards for
acquisition workforce training; ensure that agency heads
collect and maintain standardized information on the
acquisition workforce; work with agency heads to develop
acquisition workforce human capital plans; and work with the
Office of Personnel Management to encourage agencies to utilize
existing personnel authorities to recruit and retain qualified
acquisition personnel.
Subtitle F--Contracts in Iraq and Afghanistan
Memorandum of understanding on matters relating to contracting (sec.
861)
The House bill contained a provision (sec. 831) that
would require the Secretary of Defense and other relevant
agency heads to sign a memorandum of understanding (MOU)
regarding matters relating to contracting in Iraq and
Afghanistan and prohibit the award of any new contracts in Iraq
and Afghanistan after January 1, 2008, until the MOU has been
signed.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment eliminating the
prohibition on the award of new contracts.
Contractors performing private security functions in areas of combat
operations (sec. 862)
The Senate amendment contained a provision (sec. 871)
that would: (1) require the Secretary of Defense to prescribe
regulations on the selection, training, equipment, and conduct
of personnel performing private security functions in an area
of combat operations; and (2) ensure that contractors and
subcontractors of all federal agencies are subject to such
regulations and to directives issued by combatant commanders in
accordance with such regulations.
The House bill contained no similar provision.
The House recedes with an amendment clarifying that the
requirements of this provision do not apply to contracts
entered into by the intelligence community in support of
intelligence activities.
The conferees have agreed to provide the Secretary of
Defense the authority to require contractors to comply with the
regulations issued under this section in areas where there is
the potential for combat operations. The conferees intend that
the Secretary use this authority with discretion to designate
areas with a high potential for combat operations with a
commensurate likelihood that private security contractors in
such areas would come into regular contact with members of the
armed forces.
Comptroller General reviews and reports on contracting in Iraq and
Afghanistan (sec. 863)
The House bill contained a provision (sec. 832) that
would require the Comptroller General to report to review data
on contracts in Iraq and Afghanistan and report to Congress
every 6 months.
The Senate amendment contained a provision (sec. 878)
that would require agency heads to report to Congress on
similar issues.
The Senate recedes with an amendment that would require
reports to Congress on an annual basis, instead of every 6
months.
Definitions and other general provisions (sec. 864)
The House bill contained a provision (sec. 833) that
would define certain terms used in provisions on contracting in
Iraq and Afghanistan.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would add
definitions of the terms ``covered contract'' and ``private
security functions'' and clarify that nothing in this subtitle
shall be interpreted to require the handling of classified
information or information relating to intelligence sources and
methods in a manner inconsistent with the requirements of
applicable provisions of law, regulation, executive order, or
legislative branch rules.
Subtitle G--Defense Materiel Readiness Board
Establishment of Defense Materiel Readiness Board (sec. 871)
The House bill contained a provision (sec. 1702) that
would require the Secretary of Defense to establish a Defense
Readiness Production Board and define the membership and
functions of the Board.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to establish a Defense Materiel
Readiness Board. The Board would be required to provide
independent assessments of materiel readiness, readiness
shortfalls, and readiness plans to the Secretary of Defense and
Congress.
Critical materiel readiness shortfalls (sec. 872)
The House bill contained a series of provisions (secs.
1705, 1706, and 1708) that would provide the Secretary of
Defense with authorities to address critical materiel readiness
shortfalls.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would
consolidate the authorities provided to the Secretary into a
single provision. The provision would authorize the Secretary
to: designate certain requirements of the Department of Defense
as critical materiel readiness shortfalls; ensure that relevant
officials of the Department of Defense prioritize and address
such shortfalls in requirements, budgets, and acquisition;
authorize the transfer of up to $2.0 billion in authorizations
in fiscal year 2008, subject to established procedures, to
address such shortfalls; establish a Strategic Readiness Fund
to address such shortfalls; and provide for the secretaries of
the military departments to report whether multiyear contracts
should be used to address critical materiel readiness
shortfalls. The conferees note that nothing in this provision
modifies existing statutory requirements regarding the use of
multiyear contracts.
Subtitle H--Other Matters
Clearinghouse for rapid identification and dissemination of commercial
information technologies (sec. 881)
The House bill contained a provision (sec. 841) that
would require the Assistant Secretary of Defense for Networks
and Information Integration to establish a demonstration
project to identify, assess, stimulate investment in, rapidly
acquire, and coordinate the use of information technologies
(with an emphasis on commercial off-the-shelf information
technologies).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Assistant Secretary to establish a clearinghouse to
identify, assess, and disseminate knowledge about commercial
information technologies (with an emphasis on commercial off-
the-shelf information technologies, but also including
government off-the-shelf information technologies).
Authority to license certain military designations and likenesses of
weapons systems to toy and hobby manufacturers (sec. 882)
The House bill contained a provision (sec. 843) that
would require the secretaries of the military departments to
license trademarks, service marks, certification marks, and
collective marks relating to military designations and
likenesses of military weapons systems to toy or hobby
manufacturers.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify
that the licenses apply to trademarks owned or controlled by
the Department of Defense, and give the secretaries of the
military departments discretion over granting such licenses.
Modifications to limitation on contracts to acquire military flight
simulator (sec. 883)
The House bill contained a provision (sec. 844) that
would modify the waiver standard in section 832 of the John
Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364), which placed limitations on the use of
service contracts to acquire military flight simulators.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would limit the
applicability of section 832 to contracts that were entered
into prior to October 17, 2006.
Requirements relating to waivers of certain domestic source limitations
relating to specialty metals (sec. 884)
The House bill contained a provision (sec. 846) that
would require that any domestic non-availability determination
pursuant to section 2533b(b) of title 10, United States Code,
that would apply to more than one prime contract of the
Department of Defense be made on the basis of a formal
rulemaking process.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
that the Secretary of Defense solicit information from
interested parties, including producers of specialty metal mill
products, to the maximum extent practicable and in a manner
consistent with the protection of national security information
and confidential business information before making a domestic
non-availability determination that would apply to more than
one prime contract. The provision would also require that the
Secretary's determination and the rationale for the
determination be made publicly available to the maximum extent
practicable consistent with the protection of national security
information and confidential business information.
Telephone services for military personnel serving in combat zones (sec.
885)
The House bill contained a provision (sec. 848) that
would require the Secretary of Defense to: (1) use competitive
procedures in entering new contracts to provide morale,
welfare, and recreation telephone service for personnel serving
in combat zones; and (2) ensure that such contracts provide
individual users the flexibility of using phone cards from
multiple phone service providers.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary to use competitive procedures when contracting
for morale, welfare, and recreation telephone services and to
review and determine whether it is in the best interest of the
Department of Defense (DOD) to provide individual users the
flexibility of using multiple phone service providers under
such contracts.
The conferees expect the Secretary to take appropriate
steps to ensure that the cost of phone cards, both to DOD and
to DOD personnel, is as low as possible under both existing and
future contracts. In general, contracts for morale, welfare,
and recreation phone services should recognize the contractor's
demonstrable and reasonable costs of access when providing
individual users the flexibility of using phone cards from
providers other than the contractor.
Enhanced authority to acquire products and services produced in Iraq
and Afghanistan (sec. 886)
The Senate amendment contained a provision (sec. 872)
that would authorize the Secretary of Defense to establish a
preference for the acquisition of products and services in Iraq
and Afghanistan for the purpose of providing a stable source of
jobs and employment in Iraq and Afghanistan in cases where the
preference will not have an adverse effect on U.S. military
operations or the U.S. industrial base.
The House bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to report
to the congressional defense committees on the use of this
authority six months after the date of the enactment of this
Act and every six months thereafter until the end of fiscal
year 2009. Each such report should address the dollar amounts
and purposes of procurements made under the authority of this
section during the preceding six-month period.
Defense Science Board review of Department of Defense policies and
procedures for the acquisition of information technology (sec.
887)
The Senate amendment contained a provision (sec. 873)
that would require the Secretary of Defense to direct the
Defense Science Board to carry out a review of Department of
Defense policies and procedures for the acquisition of
information technology.
The House bill contained no similar provision.
The House recedes.
Green procurement policy (sec. 888)
The Senate amendment contained a provision (sec. 876)
that would require the Secretary of Defense to report to
Congress on plans to increase the usage of environmentally
friendly products at Department of Defense facilities.
The House bill contained no similar provision.
The House recedes with an amendment that would delete the
findings included in the Senate provision and would require the
report to cover consideration of the budgetary impact of
implementation of the plan.
The conferees support the efforts of the Department of
Defense to purchase environmentally friendly products and urge
the Department to take additional steps to increase the usage
of these products, and to document and track such usage.
Comptroller General review of use of authority under the Defense
Production Act of 1950 (sec. 889)
The Senate amendment contained a provision (sec. 877)
that would require the Comptroller General to review the
application of the Defense Production Act of 1950 over the last
5 years.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
the issues to be addressed in the review.
Prevention of export control violations (sec. 890)
The House bill contained a provision (sec. 810) that
would provide for the debarment of any contractor or
prospective contractor who has been convicted of a criminal
violation of any provision of the Arms Export Control Act
(section 2751 of title 22, United States Code, et seq.).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to promulgate regulations requiring
Department of Defense contractors to comply with applicable
export control laws and regulations, develop a contract clause
enforcing such requirement, and ensure that contractors are
made aware of resources available to assist in compliance with
such requirements.
Procurement goal for native Hawaiian-serving institutions and Alaska
native-serving institutions (sec. 891)
The House bill contained a provision (sec. 807) that
would clarify that the minority-serving institutions covered by
the goal established in section 2323 of title 10, United States
Code, includes native Hawaiian-serving institutions and Alaska
native-serving institutions.
The Senate amendment contained no similar provision.
The Senate recedes.
Competition for procurement of small arms supplied to Iraq and
Afghanistan (sec. 892)
The House bill contained a provision (sec. 834) that
would require competition for the procurement of small arms
supplied to Iraq and Afghanistan.
The Senate amendment contained an identical provision
(sec. 1534). The conference agreement includes this provision.
Legislative Provisions Not Adopted
Clarification of jurisdiction of the United States district courts to
hear bid protest disputes involving maritime contracts
The House bill contained a provision (sec. 850) that
would limit bid protests arising out of maritime contracts to
the U.S. Court of Federal Claims.
The Senate amendment contained no similar provision.
The House recedes.
Defense Production Industry Advisory Council
The House bill contained a provision (sec. 1703) that
would require the Secretary of Defense to establish a Defense
Production Industry Advisory Council.
The Senate amendment contained no similar provision.
The House recedes.
Evaluation of cost of compliance with requirement to buy certain
articles from American sources
The House bill contained a provision (sec. 845) that
would require that costs related to compliance with
requirements related to the purchase of specialty metals from
non-domestic sources be excluded from consideration in the
evaluation of offers for Department of Defense contracts.
The Senate amendment contained no similar provision.
The House recedes.
Jurisdiction under Contract Disputes Act of 1978 over claims, disputes,
and appeals arising out of maritime contracts
The House bill contained a provision (sec. 849) that
would extend the coverage of the Contract Disputes Act of 1978
(41 U.S.C. 601 et seq.) to maritime contracts.
The Senate amendment contained no similar provision.
The House recedes.
Management structure for the procurement of contract services
The Senate amendment contained a provision (sec. 842)
that would authorize the military departments to establish
Contract Support Acquisition Centers.
The House bill contained no similar provision.
The Senate recedes.
Maximizing fixed-price procurement contracts
The House bill contained a provision (sec. 822) that
would require the head of each executive branch agency to
develop and implement a plan to maximize the use of fixed-price
type contracts for the procurement of goods and services.
The Senate amendment contained no similar provision.
The House recedes.
Prohibition on procurement from beneficiaries of foreign subsidies
The House bill contained a provision (sec. 804) that
would prohibit the Secretary of Defense from entering into a
contract with a foreign person who has received a subsidy from
the government of a foreign country, if the United States has
requested a consultation with that foreign country on the basis
that the subsidy is prohibited under the Agreement on Subsidies
and Countervailing Measures.
The Senate amendment contained no similar provision.
The House recedes.
Prohibition on procurement from companies in violation of the Iran and
Syria Nonproliferation Act
The House bill contained a provision (sec. 805) that
would prohibit the use of funds for the procurement of goods or
services at a prime contract or subcontract level from any
source that is owned or controlled by an entity that is subject
to sanctions for violations of the Iran and Syria
Nonproliferation Act (Public Law 106-178).
The Senate amendment contained no similar provision.
The House recedes.
Purpose
The House bill contained a provision (sec. 1701) that
would establish the purpose of the Defense Readiness Production
Board.
The Senate amendment contained no similar provision.
The House recedes.
Repeal of requirement for identification of essential military items
and military system essential item breakout list
The Senate amendment contained a provision (sec. 875)
that would repeal the requirement for the Secretary of Defense
to submit an annual report to the congressional defense
committees listing essential items, assemblies, and components
of military systems.
The House bill contained no similar provision.
The Senate recedes.
Report on Department of Defense contracting with contractors or
subcontractors employing members of the Selected Reserve
The Senate amendment contained a provision (sec. 864)
that would require the Secretary of Defense to conduct a study
on contracting with the Department of Defense by contractors
and subcontractors who employ members of the Selected Reserve.
The House bill contained no similar provision.
The Senate recedes.
Report to Congress
The House bill contained a provision (sec. 826) that
would require the Director of the Office of Government Ethics
to submit a report to Congress that contains the Director's
recommendations on requiring certain government contractor
employees to comply with restrictions relating to personal
financial interests such as those that apply to federal
employees.
The Senate amendment contained no similar provision.
The House recedes.
Report to Congress required on delays in major phases of acquisition
process for major automated information system programs
The House bill contained a provision (sec. 842) that
would require the Secretary of Defense to report to Congress if
there is a delay in meeting any deadline for a phase of the
acquisition process in the case of a major automated
information system program.
The Senate amendment contained no similar provision.
The House recedes.
Role of Chairman of Board in certain reporting processes
The House bill contained a provision (sec. 1704) that
would establish the role of the Chairman of the Defense
Readiness Production Board in certain Department of Defense
processes.
The Senate amendment contained no similar provision.
The House recedes.
Special authority for use of working capital funds for critical
readiness requirements
The House bill contained a provision (sec. 1707) that
would provide special authority for the Secretary of Defense to
transfer funds from one working capital fund to another for the
purpose of addressing critical readiness programs.
The Senate amendment contained no similar provision.
The House recedes.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Items of Special Interest
Operationally responsive space
The conferees continue to strongly support the concept of
operationally responsive space (ORS) and note that the joint
ORS program office was recently established with an Air Force
director and a deputy director that will rotate among the
services or other federal agencies. There are many
opportunities for work in the ORS office and the conferees
believe that the Department of Defense (DOD) decision to
categorize the potential work into three tiers is a good way to
begin to establish priorities for the office. Tier 1 activities
focus on utilizing existing assets in new ways; Tier 2
activities focus on payload and satellite bus work to support
rapid replacement, reconstitution, and quick reaction
capabilities that could be delivered in days to weeks. Tier 3
activities focus on the rapid development and deployment of
capabilities that are capable of delivery within months to a
year. Development of low-cost launch is embedded within these
tiers.
The conferees urge the ORS office, working with the U.S.
Strategic Command and the Joint Staff, to develop a balanced,
integrated program that will include activities in all three
tiers. The conferees are concerned that the balance at present
may be too heavily focused in the direction of Tier 1. In the
conference report accompanying the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Conf. Rpt. 109-702),
the conferees directed the Secretary of Defense to establish
the ORS office ``to facilitate the development of low-cost,
rapid reaction payloads, buses, space-lift, and launch control
capabilities to fulfill joint military operational requirements
for on-demand space support and reconstition.'' Keeping in mind
this guidance, the ORS office should work to find the right
niche for small, low-cost satellites and launch vehicles that
will deliver the most capability for the warfighter and focus
activities in a few high pay-off areas.
Space acquisition
The conferees continue to be concerned about the high
costs, the requirements process, and the priorities that have
been established in the space acquisition process. In many
instances capability decisions are made too quickly and on the
basis of a specific technology rather than as a result of
evaluating a range of technologies that could be used to
provide a desired capability. Programs have been terminated
early to free up funding for the next-generation satellite
systems, and new programs have been started with immature
technologies and without clear and feasible requirements.
Programs often have overly aggressive schedules, insufficient
funding, and inadequate personnel resources. When one or more
of these elements are combined the result has been a national
security space program plagued with schedule delays, technical
difficulties, and cost overruns, many of which are quite large.
While the conferees share the desire of the Department of
Defense (DOD) and the military services to provide the best
space capabilities to the warfighter as quickly as possible, in
many instances haste, inadequate planning, and overly
optimistic assumptions have in fact delayed programs, and have
made space system architectures fragile and vulnerable to
capability gaps. On the other hand, the conferees recognize the
challenge of designing, developing, and launching satellites.
In response to these programs the DOD, the Air Force, the
intelligence community, and the Navy have recently taken steps
to provide sufficient funding, focus on the requirements
process, and development of a sequential approach to improving
capability. This back-to-basics approach is off to a good
start, but more remains to be done to improve the acquisition
of space systems.
The conferees believe the military and intelligence
communities need to work together to identify opportunities for
more joint programs that support both communities. In addition
to the black-white space integration, the conferees stress the
need for evolutionary acquisition strategies that leverage
mature technology. The conferees support and urge the space
community to carefully phase new programs and to manage scarce
resources, including funding, people, and production
capabilities.
Legislative Provisions Adopted
Subtitle A--Department of Defense Management
Repeal of limitation on major Department of Defense headquarters
activities personnel and related report (sec. 901)
The House bill contained a provision (sec. 901) that
would authorize the Secretary of Defense to waive the
limitation in section 130a of title 10, United States Code, on
the number of major Department of Defense headquarters
activities personnel.
The Senate amendment contained a provision (sec. 901)
that would repeal the limitation in section 130a.
The House recedes with an amendment that would require
the Secretary of Defense to include information on military and
civilian personnel assigned to major Department of Defense
headquarters activities in the materials submitted to Congress
by the Secretary of Defense in support of the budget request
for each fiscal year.
Flexibility to adjust the number of deputy chiefs and assistant chiefs
(sec. 902)
The House bill contained a provision (sec. 902) that
would amend sections 3035(b), 5036(a), and 5037(a) of title 10,
United States Code, to provide the service secretaries with
greater flexibility to determine the number of Deputy Chiefs of
Staff and Assistant Chiefs of Staff or, in the case of the
Navy, Deputy Chiefs of Naval Operations and Assistant Chiefs of
Naval Operations, not to exceed eight total positions for each
service.
The Senate amendment contained a similar provision (sec.
906) that would provide this flexibility to the Secretary of
the Army.
The Senate recedes.
Change in eligibility requirements for appointment to Department of
Defense leadership positions (sec. 903)
The House bill contained a provision (sec. 903) that
would amend sections 113, 132, and 134 of title 10, United
States Code, to reduce from 10 years to 5 years the period of
time following active duty military service before a
commissioned officer of a regular component can be appointed as
Secretary of Defense, Deputy Secretary of Defense, or Under
Secretary of Defense for Policy.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would reduce
from 10 years to 7 years the period of time following active
duty military service before a commissioned officer of a
regular component could be appointed as Secretary of Defense,
Deputy Secretary of Defense, or Under Secretary of Defense for
Policy.
Management of the Department of Defense (sec. 904)
The House bill contained a provision (sec. 906) that
would require the Secretary of Defense to adopt a management
structure for the Department of Defense (DOD) and to assign
duties for significant management issues to a senior official
of a rank not lower than Under Secretary of Defense.
The Senate amendment contained a provision (sec. 902)
that would: (1) designate the Deputy Secretary of Defense as
the Chief Management Officer (CMO) of the Department; (2)
establish a new position of Under Secretary of Defense for
Management (Deputy Chief Management Officer); (3) designate the
under secretaries of the military departments as the CMOs of
those departments; and (4) assign specific duties to the CMOs
of DOD and the military departments.
The House recedes with an amendment that would: (1)
designate the Deputy Secretary of Defense as CMO of the
Department; (2) establish a new position of Deputy Chief
Management Officer of the Department of Defense; and (3)
require the Secretary of Defense and the secretaries of the
military departments to assign duties and authorities relating
to the management of the business operations for DOD and the
military departments.
The conferees note that their intent in establishing a
Deputy CMO for DOD is to ensure that a senior official of the
Department has formal responsibility, on a full-time basis, for
assisting the CMO in accomplishing his or her duties in the
development, approval, integration and oversight of policies,
procedures, processes, and systems for the management of the
Department. In the view of the conferees, the implementation of
these policies, procedures, processes, and systems should be
left to other officials and components of the Department.
This section codifies the position of Deputy CMO in title
10, United States Code, at a level on the Executive Schedule
equivalent with the Under Secretaries of Defense for Policy,
Personnel and Readiness, Comptroller, and Intelligence.
However, the conferees do not intend for the Deputy CMO to have
a staff or office structure of a size equivalent to that of an
Under Secretary. Rather, the Deputy CMO's primary role should
be to assist the CMO in planning and oversight of activities
carried out by other offices. The conferees believe strongly
that the Deputy CMO's office should not be of a size that could
distract from that role.
Revision in guidance relating to combatant command acquisition
authority (sec. 905)
The House bill contained a provision (sec. 907) that
would modify existing law to eliminate the requirement that the
acquisition programs of U.S. Special Operations Command support
the acquisition priorities of the respective services. The
House provision would also revise the consultation requirement
between defense agencies and military departments.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would strike
the revision in the consultation requirement contained in
section 907(b).
Department of Defense Board of Actuaries (sec. 906)
The House bill contained a provision (sec. 908) that
would consolidate the Department of Defense Retirement Board of
Actuaries and the Department of Defense Education Benefits
Board of Actuaries into the Department of Defense Board of
Actuaries.
The Senate amendment contained a similar provision (sec.
904).
The House recedes.
Modification of background requirement of individuals appointed as
Under Secretary of Defense for Acquisition, Technology, and
Logistics (sec. 907)
The Senate amendment contained a provision (sec. 903)
that would delete the requirement that a nominee for the
position of Under Secretary of Defense for Acquisition,
Technology, and Logistics have extensive management background
``in the private sector.''
The House bill contained no similar provision.
The House recedes.
The conferees agree that management experience in the
private sector can be an extremely valuable asset for an
individual serving in the position of Under Secretary of
Defense for Acquisition, Technology, and Logistics. However,
the conferees conclude that other experience--including
management experience in the public sector--may also be highly
relevant to service in this position.
Assistant secretaries of the military departments for acquisition
matters; principal military deputies (sec. 908)
The Senate amendment contained a provision (sec. 905)
that would require the appointment of a three-star officer as
the principal deputy to the service acquisition executive in
each of the military departments. The provision would exclude
the principal deputies from distribution limitations on flag
and general officers.
The House bill contained no similar provision.
The House recedes with an amendment that would designate
the three-star officers as principal military deputies, rather
than principal deputies, to the service acquisition executives.
The conferees recommend this change to preserve the option for
the military departments to appoint principal civilian deputies
to the service acquisition executives in addition to the
principal military deputies.
The provision would not address the distribution
limitations on flag and general officers. This issue is
addressed by a provision elsewhere in the conference report
that would amend section 525 of title 10, United States Code,
to authorize an increase in the number of flag or general
officers in each of the military services serving in a grade
above rear admiral or major general.
Sense of Congress on term of office of the Director of Operational Test
and Evaluation (sec. 909)
The Senate amendment contained a provision (sec. 907)
that would express the sense of Congress that the term of
office of the Director of Operational Test and Evaluation
should be not less than five years.
The House bill contained no similar provision.
The House recedes.
Subtitle B--Space Activities
Space Protection Strategy (sec. 911)
The House bill contained a provision (sec. 911) that
would set forth the policy of the United States with respect to
the priority within the Nation's space programs on the
protection of national security space systems. The provision
would also require the Secretary of Defense to develop a Space
Protection Strategy for four, 5-fiscal year periods beginning
in fiscal year 2008, and continuing through fiscal year 2025.
The first report on the strategy would be due March 15, 2008
with updated reports to be submitted biennially in every even-
numbered year thereafter. The provision would also repeal
section 911 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would set forth
the sense of Congress that the United States should place
greater priority on the protection of national security space
systems, direct that the strategy be developed in conjunction
with the Director of National Intelligence (DNI), and change
the due date of the first report on the strategy to no later
than 6 months after the date of enactment of this Act. The
report would also be prepared in conjunction with the DNI. In
addition, the amendment would clarify the elements to be
included in the strategy. The report on the strategy would be
submitted to the congressional defense committees and the
Committees on Intelligence in the Senate and the House of
Representatives.
The conferees remain concerned about the growing threat
to and vulnerability of our Nation's space capabilities,
highlighted by the January 11, 2007 Chinese anti-satellite test
and other counterspace developments. Key protection and space
situational awareness (SSA) capabilities could mitigate such
vulnerabilities but continue to be underfunded. Moreover, no
clear strategy exists to guide SSA investments.
Furthermore, the conferees believe that better
coordination of protection and SSA technology investments must
occur and that the Defense Advanced Research Projects Agency
should be consulted in the development of the strategy, to
assist in the development of suitable protection technologies.
The committees with jurisdiction over the subject matter
requested will work with the respective executive branch
organizations to determine the proper recipients of all
information requested by Congress. This determination will be
made in accordance with House and Senate rules and with respect
to proper protections of sources and methods.
Biennial report on management of space cadre within the Department of
Defense (sec. 912)
The House bill contained a provision (sec. 912) that
would require the Secretary of Defense and each secretary of a
military department to develop and use metrics to identify,
track, and manage space cadre personnel within the Department
of Defense (DOD) and to ensure that there are enough people
with the necessary expertise, training, and experience to meet
current and future national security space needs. The provision
would also require a detailed report and assessment on the
management of the space cadre and DOD efforts to ensure that
the space cadre is appropriate to meet current and future
national security space needs.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
The conferees note that many of the DOD and military
service members of the space cadre serve, over the course of
their careers, in a variety of space positions and in a variety
of defense and intelligence agencies, such as the National
Reconnaissance Office and other intelligence organizations with
space-related responsibilities. The conferees believe that the
report and assessment should also include the requirements of
these entities and the ability of the space cadre to meet the
current and future needs of these entities. Therefore, the
conferees urge the Secretary to coordinate and consult with the
Director of National Intelligence in the preparation of this
report.
Additional report on oversight of acquisition for defense space
programs (sec. 913)
The Senate amendment contained a provision (sec. 922)
that would extend the due date for the report on the oversight
of defense space acquisition programs required by section 911
of the Bob Stump National Defense Authorization Act for Fiscal
Year 2003 (Public Law 107-314).
The House bill contained no similar provision.
The House recedes.
Subtitle C--Chemical Demilitarization Program
Chemical demilitarization citizens advisory commissions (sec. 921)
The House bill contained a provision (sec. 921) that
would modify the termination requirements for the chemical
demilitarization citizens advisory commissions to permit the
commissions to remain in existence, at the discretion of the
Governor of the respective State, until either the closure of
that State's chemical agent destruction facility, or upon the
request of the Governor, whichever comes first.
The Senate amendment contained a similar provision (sec.
1431).
The Senate recedes.
Sense of Congress on completion of destruction of United States
chemical weapons stockpile (sec. 922)
The House bill contained a provision (sec. 922) that
would express the sense of Congress that the Department of
Defense should continue to plan for on-site disposal of
chemical stockpiles located at Pueblo Chemical Depot, Colorado,
and Blue Grass Army Depot, Kentucky, and that the Department
should ensure extensive consultation and notification processes
between representatives of the Department and representatives
of relevant States and local communities.
The Senate amendment contained a provision (sec. 1433)
that would express the sense of Congress that the United States
must remain committed to making every effort to safely destroy
its chemical weapons stockpile by the Chemical Weapons
Convention deadline of April 2012, or as soon thereafter as
possible, and that the Secretary of Defense should make every
effort to plan for and request adequate funding to complete
such destruction in accordance with U.S. obligations under the
Chemical Weapons Convention. The provision would also require
biannual reports describing the status of chemical weapons
destruction; the options and funding required for accelerating
such destruction; and the actions being taken to accelerate
such destruction.
The Senate amendment also contained a provision (sec.
2406) that would, among other things, require the completion of
the destruction of the U.S. chemical weapons stockpile by no
later than December 31, 2017, and would require biannual
reports on progress to implement this destruction deadline.
The House recedes with an amendment that would add
several findings and would add two elements to the required
reports: a description of the options and funding required to
complete chemical stockpile destruction by December 2017; and a
life cycle cost estimate for each facility included in the
descriptions of accelerated funding options.
Repeal of certain qualifications requirement for director of chemical
demilitarization management organization (sec. 923)
The Senate amendment contained a provision (sec. 1432)
that would repeal the requirement that the Army's Director of
the Chemical Materials Agency must be trained in chemical
warfare defense operations.
The House bill contained no similar provision.
The House recedes.
Modification of termination of assistance to State and local
governments after completion of the destruction of the United
States chemical weapons stockpile (sec. 924)
The Senate amendment contained a provision (sec. 1434)
that would permit the Chemical Stockpile Emergency Preparedness
Program to provide assistance to State and local governments
until existing grants or cooperative agreements are completed,
but not beyond 6 months after the date of completion of the
destruction of lethal chemical agents and munitions at each
chemical demilitarization installation or facility.
The House bill contained no similar provision.
The House recedes.
Subtitle D--Intelligence-Related Matters
Technical amendments to title 10, United States Code, arising from
enactment of the Intelligence Reform and Terrorism Prevention
Act of 2004 (sec. 931)
The House bill contained a provision (sec. 932) that
would make technical corrections to title 10, United States
Code, to reflect enactment of the Intelligence Reform and
Terrorism Prevention Act of 2004.
The Senate amendment contained a similar provision (sec.
1068).
The Senate recedes.
Subtitle E--Roles and Missions Analysis
Requirement for quadrennial roles and missions review (sec. 941)
The House bill contained provisions (secs. 941-943) that
would require the Secretary of Defense to conduct a quadrennial
roles and missions review, to identify core competencies of the
military departments and other entities within the Department
of Defense, and to review the capabilities that such
departments and entities are performing or developing.
The Senate amendment contained no similar provisions.
The Senate recedes with an amendment that would
consolidate these provisions into a single section. This
provision would require the Secretary to conduct a quadrennial
roles and missions review after receiving an independent
military assessment of roles and missions from the Chairman of
the Joint Chiefs of Staff.
Joint Requirements Oversight Council additional duties relating to core
mission areas (sec. 942)
The House bill contained a provision (sec. 944) that
would amend section 181 of title 10, United States Code, to
revise the mission of the Joint Requirements Oversight Council
(JROC) and address the participation of senior civilian leaders
of the Department of Defense in JROC proceedings.
The Senate amendment contained a provision (sec. 841)
that would address the issue of participation by senior
civilian leaders in JROC proceedings.
The Senate recedes with an amendment that would combine
the requirements of the two provisions.
Requirement for certification of major systems prior to technology
development (sec. 943)
The House bill contained a provision (sec. 945) that
would require the Joint Requirements Oversight Council (JROC)
to make certain certifications before the start of technology
development for a major system.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment requiring that the
Milestone Decision Authority for a major defense acquisition
program (MDAP) make the required certifications, after
consultation with the JROC, before the program may receive
Milestone A approval. The provision would also direct the
Secretary of Defense to ensure that the Department of Defense
does not commence a technology development program for a major
weapon system without Milestone A approval.
Presentation of future-years mission budget by core mission area (sec.
944)
The House bill contained a provision (sec. 946) that
would amend section 222 of title 10, United States Code, to
require that the future-years mission budget of the Department
of Defense be organized by core mission area.
The Senate amendment contained no similar provision.
The Senate recedes.
Subtitle F--Other Matters
Department of Defense consideration of effect of climate change on
department facilities, capabilities, and missions (sec. 951)
The House bill contained a provision (sec. 951) that
would require that the first national security strategy,
national defense strategy, and quadrennial defense review
prepared after the date of the enactment of this Act include
consideration of the effect of climate change on Department of
Defense facilities, capabilities, and missions.
The Senate amendment contained a similar provision (sec.
931).
The Senate recedes with an amendment that would clarify
the conferees' expectation that this aspect of the national
security strategy and the national defense strategy, like other
aspects of those strategies, will be implemented in a manner
that is consistent with the national security interests of the
United States.
Interagency policy coordination (sec. 952)
The House bill contained a provision (sec. 952) that
would require the Secretary of Defense to develop and submit,
not later than 180 days after the date of enactment of this
Act, a plan to Congress to improve and reform the interagency
coordination process on national security issues.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify
that the plan required would be to improve the Department of
Defense's participation and contribution to the interagency
coordination process on national security issues.
The conferees urge the President to require other
relevant agencies and departments to establish similar plans to
improve the overall interagency process for national security,
and to ensure that the Department of Defense, simply by virtue
of having a plan, does not become the de facto dominant
organization in the interagency coordination process.
Expansion of employment creditable under service agreements under
National Security Education Program (sec. 953)
The House bill contained a provision (sec. 953) that
would modify the David L. Boren National Security Education Act
of 1991 (50 U.S.C. 1902) to allow a recipient of support under
that Act to repay that service by working in an educational
area related to the discipline for which the support was
provided. Such educational service would only be permitted if
the Secretary of Defense were to determine that no position is
available in departments, agencies, or offices covered by Act.
The Senate amendment contained no similar provision.
The Senate recedes.
Board of Regents for the Uniformed Services University of the Health
Sciences (sec. 954)
The Senate amendment contained a provision (sec. 932)
that would amend chapter 104 of title 10, United States Code,
to authorize the Secretary of Defense to appoint the members of
the Board of Regents for the Uniformed Services University of
the Health Sciences (USUHS) without a requirement for the
advice and consent of the Senate, and would redesignate the
Dean of USUHS as the President of USUHS.
The House bill contained no similar provision.
The House recedes with a clarifying amendment that would
require the Board to meet at least once a quarter.
The conferees believe that this provision should not
alter the well-established role of the Board of Regents under
its charter to assist the Secretary of Defense in an advisory
capacity in carrying out the Secretary's responsibility to
conduct the business of USUHS and to provide advice and
recommendations to the Secretary of Defense on academic and
administrative matters critical to the full accreditation and
successful operation of the USUHS. The conferees value the
contributions and voluntary service of the members of the Board
and believe that the Board can best perform its functions in
coordination with the President of USUHS and the Assistant
Secretary of Defense for Health Affairs.
Establishment of Department of Defense School of Nursing (sec. 955)
The Senate amendment contained a provision (sec. 556)
that would authorize the Secretary of Defense to create several
programs to address a national shortage of nursing instructors
at accredited nursing schools and aid in the recruiting and
retention of military nurses. The programs could include: (1)
authorizing active duty military nurse officers with a graduate
degree in nursing or a related field to serve as full-time
faculty at an accredited civilian school of nursing in exchange
for a commitment to additional service in the armed forces; (2)
authorizing active duty military nurse officers with a graduate
degree in nursing or a related field to serve as full-time
faculty at an accredited civilian school of nursing in exchange
for scholarships provided by the nursing school to military
nurse officer candidates; (3) providing scholarships to
retirement-eligible active duty military nurse corps officers
who agree to serve not less than 2 years as a full-time faculty
member of an accredited civilian school of nursing; (4)
providing career placement assistance, continuing education,
and stipends to retirement-eligible active duty military nurse
corps officers with a doctoral or master degree in nursing or a
related field who agree, in return, to serve as a full-time
faculty member of an accredited school of nursing; and (5)
supplemental salary payments to a retired military nurse corps
officer serving as a full-time faculty member of a civilian
accredited school of nursing to compensate for any difference
between base pay to which the retired officer was entitled
immediately before retirement and the sum of the officer's
retired pay and the salary received from the nursing school.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary to develop a detailed plan to establish a
Department of Defense School of Nursing within the Uniformed
Services University of Health Sciences (USUHS). The amendment
would also authorize the Secretary to establish a school of
nursing within USUHS that could lead to the award of a bachelor
of science or graduate degree in nursing. The conferees note
the shortage of nurses in the military, and encourage the
Department to establish a Department of Defense school of
nursing as soon as practicable.
The conferees direct the Secretary to conduct a study to
determine whether a program to provide incentives to retired
military nurse corps officers to serve as faculty at civilian
nursing schools, sometimes referred to as ``Retired Troops to
Nurse Teachers,'' could help to alleviate the current and
projected nursing shortage in the military services. The
conferees believe that an essential part of any such program
should ensure that the Department would receive a tangible
benefit in exchange for partially funding the program. The
study should include the following elements: (1) the number of
retired military nurse corps officers who have at least 20
years of active federal commissioned service who would be
eligible to participate in such a program; (2) whether colleges
or universities at which retired military nurse instructors
would serve would award and fund at least two full scholarships
per academic year to military nurse corps candidates in return
for a commitment to serve in the armed forces as a military
nurse corps officer; (3) for each nursing student awarded such
a scholarship that fails to access into the armed forces as a
military nurse, the recourse that would be available to the
Department; (4) whether the retired military nurse corps
officer instructor should be paid by the college or university
at a comparable rate, as determined by the Secretary, to other
faculty at the school based upon their skills, experience, and
certification(s); (5) when the sum of the comparable salary
offered to the retired military nurse corps officer instructor
and the instructor's retired pay is less than the amount that
the member's base pay (based on grade and time in service)
would be if the member was still on active duty, should the
Secretary reimburse the retired military nurse corps officer
for any difference; and (6) any other relevant factors, as
determined by the Secretary. The Secretary should submit a
report on the findings and recommendations of this study to the
Committees on Armed Services of the Senate and the House of
Representatives by March 1, 2008.
Inclusion of commanders of Western Hemisphere combatant commands in
Board of Visitors of Western Hemisphere Institute for Security
Cooperation (sec. 956)
The Senate amendment contained a provision (sec. 935)
that would authorize all combatant commanders, or their
directed designees, who have responsibility in the Western
Hemisphere to be members of the Western Hemisphere Institute
for Security Cooperation Board of Visitors.
The House bill contained no similar provision.
The House recedes.
Comptroller General assessment of reorganization of the office of the
Under Secretary of Defense for Policy (sec. 957)
The Senate amendment contained a provision (sec. 936)
that would require the Comptroller General to submit to the
congressional defense committees, not later than March 1, 2008,
a report assessing the most recent reorganization of the office
of the Under Secretary of Defense for Policy (USDP).
The House bill contained no similar provision.
The House recedes with a clarifying amendment that, among
other things, would require the report to be submitted by June
1, 2008.
The conferees note the concerns expressed in the report
accompanying the Senate amendment (S. Rpt. 110-77). While the
conferees understand that the office of the USDP plans on
evaluating the reorganization in terms of stakeholder input,
internal assessment, and performance metrics in February 2008,
they also note that they have been made aware of other
concerns, which that review may not address, including: (1) the
possible absence of a dissent channel within the Department of
Defense (DOD) and, in particular, the USDP's office that
personnel may use to present alternative views, analyses, and
policy recommendations at variance with those in place or being
submitted to senior leadership for consideration; (2) the
impact of the process, as conducted in November 2006 and
implemented in early 2007, whereby career civil servants
``bid'' on positions within the USDP's office on overall levels
of personnel morale, expertise, and effectiveness. Of specific
concern are those positions that deal with policy towards Iraq,
Afghanistan, Pakistan, and other regional and functional areas
critical to national security; and (3) the fact that foreign
affairs specialists (i.e., GS-130 series) from those field
agencies and offices associated with the office of the USDP--
i.e., the Defense Security Cooperation Agency, the Defense
Technology Security Administration, and the Defense Prisoner of
War/Missing Personnel Office--were not included in the
personnel assignment bidding system, even though they are
eligible to apply for vacancies in the office of the USDP. The
conferees recommend that the Comptroller General also assess
the impact of these issues on the overall effectiveness and
efficiency of the office of the USDP.
Reports on foreign language proficiency (sec. 958)
The House bill contained a provision (sec. 931) that
would require the Secretary of Defense and the secretaries of
the military departments to submit annual reports on the
foreign language proficiencies of the military departments and
the Department of Defense.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment that,
among other things, terminates the reporting requirement on
December 31, 2013.
Legislative Provisions Not Adopted
Future capability planning by Joint Requirements Oversight Council
The House bill contained a provision (sec. 947) that
would require that each operational and contingency plan of the
Department of Defense include an extended planning annex
assessing capabilities required to perform the planned
missions.
The Senate amendment contained no similar provision.
The House recedes.
The issue of whether, and how, the combatant commands
should participate in long-term planning for future
capabilities is addressed in a separate provision.
Redesignation of the Department of the Navy as the Department of the
Navy and Marine Corps
The House bill contained a provision (sec. 905) that
would redesignate the Department of the Navy as the Department
of the Navy and Marine Corps and the position of the Secretary
of the Navy as the Secretary of the Navy and Marine Corps.
The Senate amendment contained no similar provision.
The House recedes.
Revisions in functions and activities of special operations
The House bill contained a provision (sec. 904) that
would amend section 167(a) of title 10, United States Code, to
modify the authorities governing U.S. Special Operations
Command (SOCOM) to accurately reflect current mission
requirements.
The Senate amendment contained no similar provision.
The House recedes.
The conferees will work with the Department of Defense
and SOCOM to ensure that title 10 continues to accurately
reflect the missions of SOCOM and the activities of special
operations forces. In addition, the conferees remain concerned
about the evolving requirements associated with the concepts of
irregular and unconventional warfare, especially as they
pertain to the Department's personnel management programs. The
conferees support the concerns raised in House Report 110-146
calling for a full spectrum analysis on irregular warfare. The
conferees direct the Secretary of Defense to initiate the
requirements of this study and deliver the results to the
congressional defense committees by June 1, 2008.
Space posture review
The Senate amendment contained a provision (sec. 921)
that would direct the Secretary of Defense and the Director of
National Intelligence to conduct a comprehensive review of the
space posture of the United States.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the space posture review
previously required was submitted.
United States Military Cancer Institute
The Senate amendment contained a provision (sec. 933)
that would require the Secretary of Defense to establish a
United States Military Cancer Institute in the Uniformed
Services University of the Health Sciences.
The House bill contained no similar provision.
The Senate recedes.
Western Hemisphere Center for Excellence in Human Rights
The Senate amendment contained a provision (sec. 934)
that would authorize the Secretary of Defense to establish a
Western Hemisphere Human Rights Center to continue and expand
the work that began under U.S. Southern Command's Human Rights
Initiative.
The House bill contained no similar provision.
The Senate recedes.
The conferees support the U.S. Southern Command's
activities on behalf of human rights in the Western Hemisphere.
However, rather than authorize the creation of a new
institution, the conferees prefer that the Southern Command
work out an arrangement, with the Center for Hemispheric
Defense Studies, which would provide for gifts and donations to
be directed from the regional center to the human rights
activities of Southern Command through the gift and donation
authority that Congress has already provided to the regional
centers.
TITLE X--GENERAL PROVISIONS
Items of Special Interest
Ship disposal
The Senate report (S. Rept. 110-77) accompanying the
National Defense Authorization Act for Fiscal Year 2008 (S.
1547) contained direction for the Navy to maintain
decommissioned LHA-1 class amphibious assault ships in a
reduced operating status until such time that the active fleet
could deliver 2.0 Marine Expeditionary Brigade forcible entry
lift capability in response to a national emergency. Total
forcible lift entry capability was to be assessed under the
assumption that no less than 10 percent of the force will be
unavailable due to extended duration maintenance
availabilities.
The conferees agree with the intent of this provision.
The conferees understand that the Navy's preferred method of
meeting this intent would be to retain decommissioned LHA-1
class amphibious assault ships in a mobilization category B
status.
The conferees agree to direct the Navy to: (1) maintain
these ships in mobilization category B status until such time
that the active fleet could deliver 2.0 Marine Expeditionary
Brigade forcible entry lift capability in response to a
national emergency; and (2) assess total forcible lift entry
capability under the assumption that no less than 10 percent of
the force will be unavailable due to extended duration
maintenance availabilities.
Table of congressionally directed spending and related items
In accordance with the requirements of Rule XLIV of the
Standing Rules of the Senate and Rules XXI and XXIII of the
Rules of the House of Representatives, this joint statement of
managers includes a table listing congressionally-directed
spending items, congressional earmarks, limited tax benefits,
or limited tariff benefits requested by Senators and Members,
regardless whether the expenditure is directed to a particular
entity or targeted to a specific State, locality, or
congressional district. By including this table in the
statement of managers, the conferees do not take the position
that all of the items meet the definitions of an earmark or a
congressionally-directed spending item in the Rules of the
Senate or the House of Representatives.
The conferees direct the Department of Defense to use all
applicable competitive, merit-based procedures in the awarding
of any new contract, grant, or other agreement which is entered
into with funds that are authorized to be appropriated by this
conference report and statement of managers. No provision in
the conference report or statement of managers shall be
construed to direct funds to any particular location or entity
unless the provision expressly so provides.
Subtitle A--Financial Matters
General transfer authority (sec. 1001)
The House bill contained a provision (sec. 1001) that
would provide for the transfer of up to $4.5 billion of funds
authorized in Division A of this Act to unforeseen higher
priority needs in accordance with normal reprogramming
procedures.
The Senate amendment contained a similar provision (sec.
1001) that would provide for the transfer of up to $5.0 billion
in authorizations and would exempt transfers of funds between
military personnel authorizations from the dollar limitation in
this provision.
The House recedes.
United States contribution to NATO common-funded budgets in fiscal year
2008 (sec. 1002)
The House bill contained a provision (sec. 1002) that
would authorize the U.S. contribution to North Atlantic Treaty
Organization (NATO) common-funded budgets for fiscal year 2008,
including the use of unexpended balances.
The Senate amendment contained an identical provision
(sec. 1004).
The conference agreement includes this provision.
The conferees note that this provision is necessary
because the resolution of ratification for the Protocol to the
North Atlantic Treaty of 1949 on the Accession of Poland,
Hungary, and the Czech Republic contained a provision (section
3(2)(c)(ii)) requiring a specific authorization for U.S.
payments to the common-funded budgets of NATO for each fiscal
year, beginning in fiscal year 1999, that payments exceed the
fiscal year 1998 total.
Authorization of additional emergency supplemental appropriations for
fiscal year 2007 (sec. 1003)
The Senate amendment contained a provision (sec. 1002)
that would authorize the additional supplemental appropriations
for operations in Iraq and Afghanistan, and for other purposes,
for fiscal year 2007 that were enacted in Public Law 110-28.
The House bill contained no similar provision.
The House recedes.
Modification of fiscal year 2007 general transfer authority (sec. 1004)
The Senate amendment contained a provision (sec. 1003)
that would modify the transfer authority provided in section
1001 of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364) by exempting the transfer
of funds previously approved by the committees in two
reprogramming actions from the dollar limitation in that
provision.
The House bill contained no similar provision.
The House recedes.
Financial management transformation initiative for the Defense Agencies
(sec. 1005)
The Senate amendment contained a provision (sec. 1005)
that would require the Director of the Business Transformation
Agency of the Department of Defense to carry out an initiative
for financial management transformation in the Defense
Agencies.
The House bill contained no similar provision.
The House recedes with an amendment that would: (1)
require the Director to consult with the Comptroller of the
Department of Defense to ensure that the initiative is carried
out in a manner that is consistent with the financial standards
and requirements of the Department of Defense; and (2) provide
greater specificity on the requirements for the plan on
development and implementation of the initiative.
Repeal of requirement for two-year budget cycle for the Department of
Defense (sec. 1006)
The Senate amendment contained a provision (sec. 1006)
that would repeal the requirement enacted in the National
Defense Authorization Act for Fiscal Year 1986 (Public Law 99-
145) for the Department of Defense to submit a biennial budget
as part of the President's budget request for even-numbered
fiscal years.
The House bill contained no similar provision.
The House recedes.
Subtitle B--Policy Relating to Vessels and Shipyards
Limitation on leasing of vessels (sec. 1011)
The House bill contained a provision (sec. 1011) that
would prohibit the secretary of a military department from
entering into a contract for lease or charter of a vessel for a
term of more than 24 months. This would include all options to
renew or extend the contract, if the hull or superstructure of
that vessel was constructed in a foreign shipyard.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the secretary of a military department to notify the
congressional defense committees 30 days prior to making a
contract for lease of a vessel, or for the provision of a
service through use by a contractor of a vessel, if the term of
the lease is for a period of greater than 2 years. The
secretary's notification is to include a description of the
terms of the lease, a justification for leasing rather than
purchasing a vessel for such service, a determination that the
lease contract provides the most cost-effective means for
obtaining such service, and a plan for meeting the requirements
provided by the leased vessel upon completion of the term of
the lease.
Policy relating to major combatant vessels of the strike forces of the
United States Navy (sec. 1012)
The House bill contained a provision (sec. 1012) that
would require that all new ship classes of submarines, aircraft
carriers and cruisers and large escorts for carrier strike
groups, expeditionary strike groups, and vessels comprising a
sea base have integrated nuclear power systems. The provision
would allow a single exception to the requirement: if the
Secretary of Defense were to submit, with the budget request
for such a vessel, a notification that the inclusion of an
integrated nuclear power system is not in the national
interest.
The Senate amendment contained no similar provision.
The Senate recedes.
The Navy's next opportunity to apply this guidance will
be the next generation cruiser, or ``CG(X)''. Under the current
future-years defense program (FYDP), the Navy plans to award
the construction contract for CG(X) in fiscal year 2011. Under
this provision, the next cruiser would be identified as
``CGN(X)'' to designate the ship as nuclear powered. Under the
Navy's normal shipbuilding schedule for the two programs that
already have nuclear power systems (aircraft carriers and
submarines), the Navy seeks authorization and appropriations
for long lead time nuclear components for ships 2 years prior
to full authorization and appropriation for construction.
The conferees recognize that the milestone decision for
the Navy's CG(X) is only months away. After that milestone
decision, the Navy and its contractors will begin a significant
design effort, and, in that process, will be making significant
tradeoff decisions and discarding major options (such as
propulsion alternatives). This is the normal process for the
Navy and the Department of Defense (DOD) to make choices that
will lead to producing a contract design that will be the basis
for awarding the construction contract for the lead ship in
2011.
In order for the Navy to live by the spirit of this
guidance, the conferees agree that:
(1) the Navy would be required to proceed through the
contract design phase of the program with a comprehensive
effort to design a CGN(X) independent of the outcome of
decisions that the Navy or the DOD will make at the next
milestone decision point regarding any preferred propulsion
system for the next generation cruiser;
(2) if the Navy intends to maintain the schedule in the
current FYDP and award a vessel in fiscal year 2011, the Navy
would need to request advance procurement for nuclear
components in the fiscal year 2009 budget request; and
(3) the Navy must consider options for:
(a) maintaining the segment of the industrial base that
currently produces the conventionally powered destroyer and
amphibious forces of the Navy;
(b) certifying yards which comprise that segment of the
industrial base to build nuclear-powered vessels; or
(c) seeking other alternatives for building non-nuclear
ships in the future if the Navy is only building nuclear-
powered surface combatant ships for some period of time as it
builds CGN(X) vessels; and
(d) identifying sources of funds to pay for the
additional near-term costs of the integrated nuclear power
system, either from offsets within the Navy's budget, from
elsewhere within the Department's resources, or from gaining
additional funds for DOD overall.
The conferees recognize that these considerations will
require significant additional near-term investment by the
Navy. Some in the Navy have asserted that, despite such added
investment, the Navy would not be ready to award a shipbuilding
contract for a CGN(X) in fiscal year 2011 as in the current
FYDP.
Section 128 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364)
required that the Navy include nuclear power in its Analysis of
Alternatives (AOA) for the CG(X) propulsion system. The
conferees are aware that the CG(X) AOA is nearing completion,
in which case the Navy should have some indications of what it
will require to design and construct a CGN(X) class.
Accordingly, the conferees direct the Secretary of the
Navy to submit a report to the congressional defense committees
with the budget request for fiscal year 2009 providing the
following information:
(1) the set of next generation cruiser
characteristics, such as displacement and manning,
which would be affected by the requirement for
including an integrated nuclear power system;
(2) the Navy's estimate for additional costs to
develop, design, and construct a CGN(X) to fill the
requirement for the next generation cruiser, and the
optimal phasing of those costs in order to deliver
CGN(X) most affordably;
(3) the Navy's assessment of any effects on the
delivery schedule for the first ship of the next
generation cruiser class that would be associated with
shifting the design to incorporate an integrated
nuclear propulsion system, options for reducing or
eliminating those schedule effects, and alternatives
for meeting next generation cruiser requirements during
any intervening period if the cruiser's full
operational capability were delayed;
(4) the Navy's estimate for the cost associated
with certifying those shipyards that currently produce
conventionally powered surface combatants, to be
capable of constructing and integrating a nuclear-
powered combatant;
(5) any other potential effects on the Navy's 30-
year shipbuilding plan as a result of implementing
these factors;
(6) such other considerations that would need to be
addressed in parallel with design and construction of a
CGN(X) class, including any unique test and training
facilities, facilities and infrastructure requirements
for potential CGN(X) homeports, and environmental
assessments that may require long-term coordination and
planning; and
(7) an assessment of the highest risk areas
associated with meeting this requirement, and the
Navy's alternatives for mitigating such risk.
Subtitle C--Counter-Drug Activities
Extension of authority for joint task forces to provide support to law
enforcement agencies conducting counter-terrorism activities
(sec. 1021)
The House bill contained a provision (sec. 1021) that
would amend section 1022(b) of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136) to
extend the authority for joint task forces to provide support
to law enforcement agencies conducting counterterrorism
activities through fiscal year 2008.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees support the use of counternarcotics funds
to concurrently conduct counterterrorist and counternarcotics
activities, but urge the Department of Defense to be mindful of
the original intent of the Counternarcotics Central Transfer
Account, and to ensure that adequate resources continue to be
available for counternarcotics activities where there is no
nexis with counterterrorism. The conferees will closely
scrutinize the use of this authority over the next fiscal year
to determine whether it should be extended in future years.
Expansion of authority to provide additional support for counterdrug
activities in certain foreign countries (sec. 1022)
The House bill contained a provision (sec. 1022) that
would expand additional counterdrug support to the Government
of Mexico and the Government of the Dominican Republic.
The Senate amendment contained a similar provision.
The Senate recedes with a technical amendment.
Report on counternarcotics assistance for the Government of Haiti (sec.
1023)
The Senate amendment contained a provision (sec. 1012)
that would require the President to submit to Congress a report
on counternarcotics assistance to the Government of Haiti.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Subtitle D--Miscellaneous Authorities and Limitations
Provision of Air Force support and services to foreign military and
state aircraft (sec. 1031)
The Senate amendment contained a provision (sec. 1028)
that would provide permanent authority for the Secretary of the
Air Force to furnish supplies and services to foreign military
and other state aircraft.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Department of Defense participation in Strategic Airlift Capability
Partnership (sec. 1032)
The Senate amendment contained a provision (sec. 1029)
that would permit the Secretary of Defense to enter into a
multilateral memorandum of understanding authorizing the
Strategic Airlift Capability Partnership for the purpose of
acquiring, operating, and supporting strategic airlift
aircraft. The provision would also provide the Secretary of
Defense the authority to transfer one strategic airlift
aircraft to the Strategic Airlift Capability Partnership.
The House bill contained no similar provision.
The House recedes with a technical amendment.
The conferees provide this authority with the expectation
that in allocating use of this shared strategic airlift
capability, the Partnership will give priority to airlift
support for North Atlantic Treaty Organization (NATO) missions.
The conferees are concerned that they do not have
sufficient visibility into the Department of Defense's plans
for seeking these kinds of authorities in the future. If the
Department is considering other similar multilateral
arrangements for the acquisition or operation of aircraft under
mutually beneficial relationships with foreign partners, the
Department should consider, in consultation with Congress,
whether it would be appropriate to develop an overarching legal
structure for multilateral procurement and operations and how
best to ensure appropriate transparency and congressional
oversight.
Improved authority to provide rewards for assistance in combating
terrorism (sec. 1033)
The House bill contained a provision (sec. 1043) that
would amend section 127b of title 10, United States Code, to
increase the size of payments allowed under the Department of
Defense's combating terrorism rewards program and provide new
authority for U.S. Government personnel to provide rewards
through government personnel of coalition or partnered nations.
The Senate amendment contained a similar provision (sec.
1021).
The Senate recedes with an amendment that would: (1)
permit the expansion of the authority to cover information
provided to allied forces; and, (2) grant the authority for 2
years.
Support for non-federal development and testing of material for
chemical agent defense (sec. 1034)
The House bill contained a provision (sec. 1045) that
would authorize the Secretary of Defense, in coordination with
the heads of other elements of the Federal Government, to
provide small quantities of toxic chemicals or their precursors
to a State or local government, or a private entity
incorporated in the United States, for development or testing
of material designed to be used for defensive purposes. The
provision would require that any such transfer must be
consistent with the provisions of the Chemical Weapons
Convention, and subject to any terms and conditions required by
the Secretary.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary to provide Congress with an annual report
describing each use of the authority, including a description
of what material was made available and to whom it was made
available.
Prohibition on sale of F-14 fighter aircraft and related parts (sec.
1035)
The House bill contained a provision (sec. 1049) that
would prohibit the Department of Defense from selling F-14
parts to any entity other than a museum or similar organization
in the United States acquiring the parts to preserve aircraft
for historical purposes. The provision would also prohibit the
granting of an export license for any F-14 part.
The Senate amendment contained a similar provision (sec.
1031).
The House recedes with an amendment that would clarify
that this provision applies to F-14 aircraft, parts unique to
the F-14 aircraft, and tooling or dies used in the manufacture
of F-14s or F-14-unique parts.
The conferees encourage the Department of Defense to
consider destroying F-14s, F-14-unique parts, and the tooling
and dies used in the manufacture of F-14s, except as noted in
the legislative provision. Any contract for destruction should
require the reduction of these items into scrap pieces, thereby
rendering the parts and materials useless for the originally
intended purpose and incapable of being duplicated, copied, or
reverse engineered. If the Department chooses to destroy these
items, the Department could then sell the resultant scrap as
appropriate.
Subtitle E--Reports
Extension and modification of report relating to hardened and deeply
buried targets (sec. 1041)
The House bill contained a provision (sec. 1031) that
would extend the reporting requirement on weapons for hardened
and deeply buried targets until 2013, change the nature of the
report from an annual report to a biennial report, and modify
the scope of the report to cover capabilities to defeat
hardened and deeply buried targets rather than just weapons. In
addition, the provision would direct that each report cover
activities for 4 fiscal years rather than 1 fiscal year.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would retain
the requirement to focus on weapons in the report.
Report on joint modeling and simulation activities (sec. 1042)
The House bill contained a provision (sec. 1033) that
would require a report on a national joint modeling and
simulation (M&S) development strategy.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify
the reporting requirements and submission date. The conferees
agree to require a report that would include a description of
ongoing and planned joint M&S activities and a description of
how they support defense missions, strategies, and goals; a
description of the M&S capabilities of defense organizations
and how they will be modernized or divested over time as
appropriate; a description of how non-defense organizations can
utilize joint M&S capabilities; budget and resource estimates
for the M&S capabilities; and a description of coordination
activities between the Department of Defense's M&S activities
and other federal, non-federal, and private sector M&S
activities.
Further, the conferees note the promise of M&S to enhance
urban operations capabilities. The conferees believe that it is
important for the Department to study and understand the effect
of warfare and natural disasters on urban environments and to
develop M&S capabilities to support consequence management
missions in complex urban environments.
Renewal of submittal of plans for prompt global strike capability (sec.
1043)
The Senate amendment contained a provision (sec. 1041)
that would amend section 1032(b) of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136) to
extend the due dates for the annual report on prompt global
strike capability through 2009.
The House bill contained no similar provision.
The House recedes.
The conferees note that the report required by section
1032 is a broad report covering both global and long-range
strike plans as well as prompt global strike.
Report on workforce required to support the nuclear missions of the
Navy and the Department of Energy (sec. 1044)
The Senate amendment contained a provision (sec. 1045)
that would require the Secretary of Defense and the Secretary
of Energy to each submit to Congress a report on the
requirements for a workforce to support the nuclear missions of
the Navy and the Department of Energy for a 10-year period
beginning on the date of the report. The report would be due 1
year from the date of enactment of this Act.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Comptroller General report on Defense Finance and Accounting Service
response to Butterbaugh v. Department of Justice (sec. 1045)
The Senate amendment contained a provision (sec. 1046)
that would require the Comptroller General of the United States
to submit a report to the congressional defense committees
assessing the response of the Defense Finance and Accounting
Service to the 2003 decision in the case of Butterbaugh v.
Department of Justice, 336 F.3d 1332 (Fed. Cir. 2003).
The House bill contained no similar amendment.
The House recedes.
Study on size and mix of airlift force (sec. 1046)
The Senate amendment contained a provision (sec. 1049)
that would require the Secretary of Defense to conduct a study
on the size and mix of various assets for the Air Force
intertheater airlift force, with a particular focus on current
and planned capabilities and costs of the C-5 aircraft and the
C-17 aircraft fleets.
The House bill contained no similar provision.
The House recedes with an amendment that would broaden
the review to cover a review of alternatives on the size and
mix of intertheater and intratheater airlift assets to meet the
national military strategy. The provision would require that
the study also evaluate the contribution of both organic and
commercial assets, the latter coming primarily from the Civil
Reserve Airlift Fleet.
Within the analysis of the optimal mix of the C-5 and C-
17 aircraft for the strategic airlift, the conferees expect
that the report will:
(1) Provide a thorough review of an internal Air Force
briefing that posited a retirement of 30 C-5A aircraft, and a
purchase of 30 more C-17 aircraft, sometimes called the ``30/30
Plan.''
(2) Include a full range of options for making C-5
upgrades and buying additional C-17 aircraft to include doing
both (upgrading all C-5s and purchasing more C-17s) and doing
neither (upgrading none of the C-5s and buying no more C-17s).
Report on feasibility of establishing a domestic military aviation
national training center (sec. 1047)
The Senate amendment contained a provision (sec. 1096)
that would require the Secretary of Defense to submit to the
congressional defense committees a report to determine the
feasibility of establishing a Border State Aviation Training
Center to support the current and future requirements of the
existing RC-26 training site for counterdrug activities located
at the Fixed Wing Army National Guard Aviation Training Site.
The House bill contained no similar provision.
The House recedes with a clarifying amendment that would
require the Secretary of Defense to assess the training
requirements associated with a multitude of Guard and reserve
missions.
Limited field user evaluations for combat helmet pad suspension systems
(sec. 1048)
The House bill contained a provision (sec. 234) that
would require the Secretary of Defense to carry out a test and
evaluation of combat helmet pad suspension systems that meet
current military specifications by a certified and qualified
independent laboratory as well as an operational user
assessment of the qualified pad suspension systems that would
consider key parameters of form, fit, function, cost, schedule,
performance, and vendor production capacity.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
the use of funds from the Operation and Maintenance, Army
appropriation and would change the required test to a limited
field user evaluation that compares form, fit, and function
among the several pad suspension systems that are already
qualified as part of combat helmet procurement for the military
services.
The conferees note that the Army and Marine Corps have
recently increased the technical performance standards of the
combat helmet system to improve protection against blunt trauma
and non-ballistic impacts in order to further reduce risk of
traumatic brain injury. Pad suspension systems are a critical
feature of the combat helmet related to this protection. The
conferees also note anecdotal evidence that pad suspension
systems vary with respect to comfort and function while worn
that could influence service members' wearing habits. A limited
field user evaluation would provide the Army and Marine Corps
with valuable feedback on the different pad systems' relative
advantages and disadvantages beyond their technical performance
specifications and capability.
Study on national security interagency system (sec. 1049)
The House bill contained a provision (sec. 954) that
would authorize the Secretary of Defense to enter into an
agreement with an independent, nonpartisan, nonprofit
organization to conduct a study on the national security
interagency system.
The Senate amendment contained a similar provision (sec.
1043) that would require the Secretary to enter into an
agreement for such a study.
The House recedes with an amendment that would require
the Secretary of Defense to enter into an agreement for the
study within 30 days of enactment of this Act, eliminate the
requirement that the organization conducting the study secure
matching funds from private sources, and set a reporting
deadline of September 1, 2008.
The conferees believe that the interagency coordination
and integration of the United States Government for the
training for, planning of, support for, and execution of
overseas post-conflict contingency relief and reconstruction
operations requires reform and that recent operations, most
notably in Iraq, lacked the necessary consistent and effective
interagency coordination and integration in planning and
execution. As a result, the conferees note that the study
conducted under the authority of this section should include,
but not be limited to, the following elements: a synthesis of
past studies evaluating the successes and failures of previous
interagency efforts at training for, planning, and executing
post-conflict contingency relief and reconstruction operations,
including relief and reconstruction operations in Iraq; an
analysis of the division of authorities, duties,
responsibilities, functions, and resources among executive
branch agencies for such operations and recommendations for
administrative and regulatory changes to enhance integration to
include planning capabilities, personnel policies and systems,
information-sharing policies and systems, and acquisition
authorities; recommendations for legislation that would improve
interagency cooperation and integration and the efficiency of
the United States Government in the planning and execution of
such operations; and recommendations for improvements in
congressional, executive, and other oversight structures and
procedures that would enhance accountability within such
operations.
Report on solid rocket motor industrial base (sec. 1050)
The Senate amendment contained a provision (sec. 1086)
that would direct the Secretary of Defense to submit a report
to the congressional defense committees on the status,
viability, and capacity of the solid rocket motor industrial
base. The provision would also direct the Comptroller General
of the United States to assess the report and set forth the
Comptroller General's assessment of the matters contained in
the report.
The House bill contained no similar provision.
The House recedes with an amendment that would delete the
requirement for the Comptroller General to assess the matters
in the report submitted by the Secretary of Defense and make
clarifications in elements of the reporting requirement.
The conferees believe that the congressional defense
committees should first receive and review the report submitted
by the Secretary of Defense and make a determination at that
time if there is a need for the Comptroller to review the
report.
Reports on establishment of a memorial for members of the armed forces
who died in the air crash in Bakers Creek, Australia, and
establishment of other memorials in Arlington National Cemetery
(sec. 1051)
The House bill included a provision (sec. 1055) that
would express the sense of Congress that an appropriate site in
Arlington National Cemetery (ANC) should be provided for a
memorial marker to honor the memory of the 40 members of the
armed forces of the United States who lost their lives in the
air crash at Bakers Creek, Australia, on June 14, 1943.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of the Army, not later than April 1, 2008, to
submit a report on locations outside of ANC that would serve as
a suitable site for the establishment of a memorial to these
service members. The amendment would also require the Secretary
of the Army to provide a report and, if needed, proposed
legislation by April 1, 2008, that would implement the
Secretary's recommendations regarding the construction of new
memorials or monuments at ANC.
Subtitle F--Other Matters
Reimbursement for National Guard support provided to federal agencies
(sec. 1061)
The House bill contained a provision (sec. 1042) that
would amend chapter 1 of title 32, United States Code, to
authorize the Governor of a State to employ units or members of
the National Guard of that State to provide defense support of
civil authorities when requested by a federal department or
agency and authorized by the Secretary of Defense, and would
require the Department of Defense to be reimbursed for costs
incurred unless waived by the Secretary of Defense.
The Senate amendment contained a provision (sec. 352)
that would amend section 377 of title 10, United States Code,
to require federal agencies that receive law enforcement
support or support to a national special security event
provided by National Guard personnel under section 502(f) of
title 32, United States Code, to reimburse the Department of
Defense for the costs of that support.
The House recedes with a clarifying amendment that would
authorize the Secretary of Defense to waive the requirement for
reimbursement if the support is provided in the normal course
of military training or operations or results in a benefit
substantially equivalent to the benefit that would otherwise be
obtained from military operations or training.
Congressional commission on the strategic posture of the United States
(sec. 1062)
The House bill contained a provision (sec. 1046) that
would establish a 12 member congressional commission on the
strategic posture of the United States to examine and make
recommendations with respect to the long-term strategic posture
of the United States. The review and assessment to be conducted
by the commission would include a threat assessment, a detailed
review of nuclear weapons policy and strategy of the United
States, and recommendations as to the most appropriate
strategic posture and most effective nuclear weapons strategy.
The commission's report would be due to Congress and the
Executive Branch no later than December 1, 2008. The term of
the commission would expire on June 1, 2009. In addition, the
provision would repeal section 1051 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify
that the vice chairman of the commission would be jointly
appointed by the ranking minority members of the Committees on
Armed Services of the House of Representatives and the Senate.
In addition, the amendment would clarify that the commission
should look at non-nuclear alternatives to nuclear weapons and
systems in making recommendations with respect to the most
appropriate strategic posture and most effective nuclear
weapons policies of the United States.
The conferees urge the commission to look at the
strategic posture of the United States in the broadest sense.
Strategic policy and posture is not synonymous with nuclear
policy. Conventional force structures, as well as nuclear force
structures, must be included in the overall review and
assessment of the strategic posture of the United States.
In addition, the conferees believe that many of the
nuclear missions of the United States could be served by non-
nuclear, conventional systems. In their examination of the
strategic posture of the United States, the conferees expect
the commission to look not only at nuclear capabilities, but at
the full array of non-nuclear capabilities, including kinetic
and non-kinetic capabilities.
The conferees have included a separate provision
addressing the repeal of section 1051 of the National Defense
Authorization Act for Fiscal Year 2006 elsewhere in this Act.
Technical and clerical amendments (sec. 1063)
The House bill contained a provision (sec. 1047) that
would make technical and clerical amendments to various
provisions of law.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would make
additional technical and clerical amendments.
Repeal of certification requirement (sec. 1064)
The House bill contained a provision (sec. 1048) that
would repeal the certification requirement regarding an airport
in Illinois contained in section 1063 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163).
The Senate amendment contained no similar provision.
The Senate recedes.
Maintenance of capability for space-based nuclear detection (sec. 1065)
The House bill contained a provision (sec. 1050) that
would require the Secretary of Defense to maintain the
capability for space-based nuclear detection at a level that
meets or exceeds the current level of capability.
The Senate amendment contained no similar provision.
The Senate recedes.
Sense of Congress regarding detainees at Naval Station, Guantanamo Bay,
Cuba (sec. 1066)
The House bill contained a provision (sec. 1053) that
would express the sense of Congress that: (1) the Nation
extends its gratitude to the military personnel at Naval
Station, Guantanamo Bay, Cuba; (2) the international community
should work with the Department of Defense to facilitate and
expedite the repatriation of detainees at Guantanamo; (3)
Guantanamo detainees, to the maximum extent possible, should be
charged and expeditiously prosecuted; and (4) operations at
Guantanamo should be conducted in a way that upholds the U.S.
national interest and the American people's core values.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
A report on transferring individuals detained at Naval Station,
Guantanamo Bay, Cuba (sec. 1067)
The House bill contained a provision (sec. 1057) that
would require the Secretary of Defense to report to the
congressional defense committees on the Secretary's plans for
each detainee currently held by the Joint Task Force Guantanamo
at Guantanamo Bay, Cuba.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Repeal of provisions in section 1076 of Public Law 109-364 relating to
use of Armed Forces in major public emergencies (sec. 1068)
The House bill contained a provision (sec. 1054) that
would repeal section 1076 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364) and
revive the provisions of sections 333 and 12304(c) of title 10,
United States Code, as they were in effect prior to the
effective date of that Act, and repeal section 2567 of title
10.
The Senate amendment contained a similar provision (sec.
1022).
The Senate recedes.
Standards required for entry to military installations in United States
(sec. 1069)
The House bill contained a provision (sec. 1056) that
would prohibit any unescorted civilian from entering a military
installation or facility unless a background investigation has
been conducted on such individual.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to establish standards for access to
military installations, including screening standards
appropriate to the type of installation, security level,
category of individual seeking access, and level of access
granted.
The conferees recognize that commanders of military
installations must balance security concerns with the need to
maintain rapid access to the installations for Department of
Defense personnel, employees, and other authorized visitors,
including commercial vendors. While commanders are in the best
position to assess and respond to local threat conditions, the
conferees believe that the Secretary should establish standards
to assist military commanders in taking such actions.
The conferees believe the Secretary should work toward
fielding Department-wide technologies that will allow base
commanders to check installation visitors against an updated
database containing relevant information provided by the
Federal Bureau of Investigation, the terrorist watch list, and
other pertinent law enforcement records. The conferees
understand that technology has been developed and fielded at
several military installations that will identify individuals
with outstanding warrants for their arrest, felony convictions,
and similar issues. Further, the conferees understand that
available commercial technology may be able to perform instant
background checks in fewer than 10 seconds per individual, be
deployed at multiple military entry control points, and record
entry information into an electronic log. The conferees direct
the Secretary to give full consideration to the availability of
such technologies in developing standards under this provision.
The conferees believe that base security is a government
responsibility and that, for that reason, identity checks
should be carried out at no cost to vendors or other visitors
to military installations.
Revised nuclear posture review (sec. 1070)
The Senate amendment contained a provision (sec. 1061)
that would require the Secretary of Defense to 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. The review would be submitted concurrently
with the quadrennial defense review required to be submitted
under section 118 of title 10, United States Code.
The House bill contained no similar provision.
The House recedes.
Termination of Commission on the Implementation of the New Strategic
Posture of the United States (sec. 1071)
The Senate amendment contained a provision (sec. 1062)
that would repeal section 1051 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163),
(2006 NDAA), which established a Commission on the
Implementation of the New Strategic Posture of the United
States.
The House bill contained a provision (sec. 1046) that
would establish a congressional Commission on the Strategic
Posture of the United States. Section 1046(h) would also repeal
section 1051 of the 2006 NDAA. Section 1062 in the Senate
amendment and section 1046(h) of the House bill are identical.
The conference agreement includes this provision.
Security clearances; limitations (sec. 1072)
The Senate amendment contained a provision (sec. 1064)
that would: (1) repeal section 986 of title 10, United States
Code, which establishes mandatory standards for the
disqualification of individuals from the issuance of security
clearances; (2) substitute a new government-wide provision
establishing standards for such disqualifications; and (3)
increase the flexibility available to executive branch
officials in administering these standards.
The House bill contained no similar provision.
The House recedes with an amendment that would provide
agency heads the same flexibility with regard to individuals
who are determined to be mentally incompetent that the Senate
bill would provide with regard to individuals who have been
convicted of crimes or discharged from the Armed Forces under
dishonorable conditions. This change should address concerns
about the potential disqualification of disabled individuals
working for the Federal Government under the Javits Wagner
O'Day (JWOD) Act, section 48 of title 41, United States Code.
The conferees understand that under current law and
Department of Defense practice, if an individual who posesses a
security clearance cannot meet the statutory criteria, the
security clearance is revoked pending a waiver decision. Unless
a position can be identified that does not require a security
clearance during the waiver process, the individual cannot work
and is separated.
The conferees direct the Secretary of Defense and other
agency heads to implement the new provision in a manner that
does not result in the unnecessary loss of employment to
individuals during the waiver process. A current employee who
has received a clearance, and may even have undergone
subsequent reinvestigation and renewal, should not be separated
simply because he or she must now undergo a waiver process.
Such uninterrupted employment may be particularly important in
the case of disabled individuals working for the Federal
Government under the JWOD Act. The conferees agree that the
Department of Defense has a commendable track record of
employing the disabled and that this provision should not be
applied in a manner that would undermine that record.
Improvements in the process for the issuance of security clearances
(sec. 1073)
The Senate amendment contained a provision (sec. 1065)
that would require the Secretary of Defense and the Director of
National Intelligence to conduct a demonstration project using
new and innovative approaches to improve the processing of
requests for security clearances.
The House bill contained no similar provision.
The House recedes.
The conferees are encouraged that the Secretary and the
Director have designated the United States Air Force to lead a
task force that will review initiatives to develop a process to
deliver high-assurance security clearance determinations in a
shorter period of time. The Air Force expects to have a new
system in place by December 31, 2008. The conferees note that
improving the clearance process is critical to our national
security.
Protection of certain individuals (sec. 1074)
The Senate amendment contained a provision (sec. 1075)
that would authorize the Secretary of Defense to provide
physical protection and personal security within the United
States to certain persons.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
application of the provision to former or retired officials of
the Department of Defense and foreign visitors to the United
States, require the Secretary to provide additional information
to the congressional defense committees, and make additional
clarifying changes.
Modification of authorities on Commission to Assess the Threat to the
United States from Electromagnetic Pulse Attack (sec. 1075)
The Senate amendment contained a provision (sec. 1076)
that would extend the due date of the final report of the
Commission to Assess the Threat to the United States from
Electromagnetic Pulse Attack (EMP) to November 30, 2008. The
provision would also direct the Commission and the Secretary of
Homeland Security to ensure that the work of the Commission
with respect to EMP attacks on electricity infrastructure is
coordinated with the infrastructure protection work of the
Department of Homeland Security. The provision would also
provide that the amount of funds provided to the Commission to
prepare and submit the final report shall not exceed $5.6
million.
The House bill contained no similar provision.
The House recedes.
The conferees note that the $5.6 million is in addition
to funding previously provided to the Commission. This is the
second deadline extension granted to the Commission for
delivery of a final report. The conferees urge the Commission
to submit its final report by the November 30, 2008 deadline.
Sense of Congress on Small Business Innovation Research program (sec.
1076)
The Senate amendment contained a provision (sec. 1088)
that would reauthorize the Small Business Innovation Research
program for an additional 2 years.
The House bill contained no similar provision.
The House recedes with an amendment that would eliminate
the reauthorization of the program, and include a sense of
Congress expressing views on the value of the program to the
Department of Defense and on the need to reauthorize the
program to ensure its seamless execution.
Revision of proficiency flying definition (sec. 1077)
The House bill contained a provision (sec. 1044) that
would modify the definition of proficiency flying within the
Department of Defense (DOD).
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees do not intend this language to prohibit the
Department from cancelling outdated guidance on flying
proficiency and its related elements for participating rated
personnel, and believe the Department should proceed with
cancelling DOD Directive 1340.4, dated July 17, 1972.
Qualifications for public aircraft status of aircraft under contract
with the Armed Forces (sec. 1078)
The Senate amendment contained a provision (sec. 1070)
that would provide the Secretary of Defense the flexibility to
determine whether an operational support mission can be
conducted as a civil operation in compliance with the Federal
Aviation Regulations. The Secretary of Defense would have the
authority to determine whether a chartered aircraft performing
operational support missions is performing a civil or public
aircraft operation.
The House bill contained no similar provision.
The House recedes with an amendment that would further
clarify the definition of ``public aircraft,'' such that the
term `other commercial air service' would be limited to an
aircraft operation that:
(1) is within the United States territorial
airspace;
(2) the Administrator of the Federal Aviation
Administration determines is available for compensation
or hire to the public; and
(3) must comply with all applicable civil aircraft
rules under title 14, Code of Federal Regulations.
Communications with the Committees on Armed Services of the Senate and
the House of Representatives (sec. 1079)
The Senate amendment contained a provision (sec. 1063)
that would require that offices within the intelligence
community respond to requests by the Committees on Armed
Services of the Senate and the House of Representatives for
intelligence assessments, reports, estimates, legal opinions,
or other information within 15 days, unless the President were
to certify that he was asserting privilege pursuant to the
Constitution of the United States. The provision would also
require that intelligence officials be able to provide
testimony before these committees without having to seek
approval or clearance of such testimony as a way of ensuring
that Congress receives the independent views of such officials.
The House bill contained no similar provision.
The House recedes with an amendment that would make
several changes:
(1) The provision would exclude ``other
information'' to make it clear that the requests would
be for existing assessments, reports, estimates, or
legal opinions;
(2) The provision would require that the request be
in writing from the Chair or Ranking Member of the
committee;
(3) The time limit for providing the information
would be extended to 45 days;
(4) Any decision of the President to assert
privilege would have to be conveyed to Congress in
writing by the Counsel to the President; and
(5) The requirements regarding review of testimony
would be deleted.
Retention of reimbursement for provision of reciprocal fire protection
services (sec. 1080)
The Senate amendment contained a provision (sec. 1090)
that would permit Department of Defense entities that provide
fire protection services to local entities to retain the
proceeds of any reimbursement for such services.
The House bill contained no similar provision.
The House recedes.
Pilot program on commercial fee-for-service air refueling support for
the Air Force (sec. 1081)
The Senate amendment contained a provision (sec. 1094)
that would require the Secretary of the Air Force to conduct a
pilot program to assess the feasibility and advisability of
utilizing commercial fee-for-service air refueling tanker
aircraft for Air Force operations.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the pilot program, but would not mandate the scope or scale of
the program and would add an annual reporting requirement by
the Air Force, along with reviews by the Comptroller General.
The conferees support the timely modernization of the Air
Force aerial refueling tanker fleet. In furtherance of this,
the Secretary of the Air Force initiated, and Congress approves
of, a comprehensive strategy for replacing the aerial refueling
tanker aircraft fleet, which includes the following elements:
(1) replacement of the aging tanker aircraft fleet
with newer and improved capabilities under the KC-X
program of record which supports the tanker replacement
strategy, through the purchase of new commercial
derivative aircraft;
(2) sustainment and extension of the legacy tanker
aircraft fleet until replacement through depot-type
modifications and upgrades of KC-135R and KC-10
aircraft; and
(3) augmentation of the aerial refueling capability
through aerial refueling fee-for-service.
The conferees note that several studies have been
conducted that indicate a potential for cost savings and other
benefits of a fee-for-service air refueling program. Executing
a pilot program for fee-for-service air refueling should be
given full and fair consideration in order to test the costs,
benefits, and appropriateness of such actions. To ensure the
viability of such a program, it should be based on an
appropriate business model, utilizing sufficient aircraft and
flying hours to support a program that will meet the needs and
best interests of the Air Force to meet air refueling
requirements. The conferees direct that the pilot program be
enacted as soon as practicable, and be incorporated into the
operations of the Air Mobility Command.
Advisory panel on Department of Defense capabilities for support of
civil authorities after certain incidents (sec. 1082)
The Senate amendment contained a provision (sec. 1066)
that would establish an advisory panel to assess and make
recommendations on Department of Defense capabilities to
support civil authorities in the event of a chemical,
biological, radiological, nuclear, or high-yield explosive
incident.
The House bill contained no similar provision.
The House recedes with an amendment that would add a
requirement for the advisory panel to assess and make
recommendations on whether there should be additional Weapons
of Mass Destruction Civil Support Teams (WMD-CSTs) and, if so,
how many and where they should be located. It would also
require the advisory panel to assess and make recommendations
on what criteria and considerations are appropriate for
determining whether additional WMD-CSTs are needed and, if so,
where they should be located.
Terrorism exception to immunity (sec. 1083)
The Senate amendment contained a provision (sec. 1087)
that would amend the Foreign Sovereign Immunities Act (FSIA) to
allow victims of terrorism to seek redress in U.S. courts
against foreign states that commit or provide material support
to acts of terrorism, by clarifying subject matter jurisdiction
over these claims and establishing a private cause of action
under the exception for state sponsors of terrorism to
sovereign immunity.
The provision would consolidate provisions relating to
the exception to sovereign immunity for state sponsors of
terrorism in a new section 1605A to the FSIA, and repeal the
previous exception set out in section 1605(a)(7). The provision
would permit claims to be brought for money damages, including
punitive damages, against a foreign state designated as a state
sponsor of terrorism, for acts of torture, extrajudicial
killing, aircraft sabotage, hostage taking, or providing
material support or resources for these acts, committed by any
official, employee, or agent of that state acting within the
scope of his or her office, employment, or agency. The
provision would also expand the ability of claimants to seek
recourse against the property of that foreign state, both by
permitting a lien to be placed on the foreign state's property
during litigation and, once a judgment has been obtained, by
permitting any property in which the foreign state has a
beneficial ownership to be subject to execution of that
judgment. The provision would allow any case previously brought
under the state sponsor of terrorism exception to the FSIA
under section 1605(a)(7), or under section 101(c) of Public Law
104-208, and which is still before a court, to be refiled as if
the original claim had been filed under the provisions of this
section.
The House bill contained no similar provision.
The House recedes with an amendment that would establish
a private cause of action under the state sponsor of terrorism
exception to the FSIA. Courts would have jurisdiction to hear a
claim brought against a foreign state that was designated as a
state sponsor of terrorism at the time of the terrorist act, or
was so designated as a result of the act, and which remains
designated as a state sponsor of terrorism at the time a claim
is filed. Claims brought prior to the enactment of this Act
against a foreign state that at the time was designated as a
state sponsor of terrorism, or an action related to such a
claim, would still be heard under this section. The conferees
intend that the amendments made under this section shall apply
to any claim filed or refiled under the new section 1605A of
the FSIA, and any execution or attachment in aid of execution
of a judgment relating to such a claim under section 1610(g) of
the FSIA.
The provision would also provide for courts to hear a
claim under this section if the terrorist act is related to
Case Number 1:00CV03110 (EGS) in the United States District
Court for the District of Columbia. The conferees intend that
nothing in this section would prejudice the claimants or their
representatives in that case.
The provision would allow claimants to establish a lien
of lis pendens, upon the filing of a notice that an action is
pending, on a foreign state's real property or tangible
personal property that is subject to execution or attachment in
aid of execution under the FSIA. The conferees intend that
property used for purposes of maintaining a diplomatic or
consular mission or the residence of the Chief of Mission,
which is not subject to execution or attachment in aid of
execution of a judgment, should not be subject to a lien of lis
pendens under this provision.
The provision would also give claimants who obtain a
judgment against a foreign state recourse to property of the
foreign state in execution or attachment in aid of execution of
the judgment. While the provision is written to subject any
property interest in which the foreign state enjoys a
beneficial ownership to attachment and execution, the provision
would not supersede the court's authority to appropriately
prevent impairment of interests in property held by other
persons who are not liable to the claimants in connection with
the terrorist act. The court would fully retain its authority
to take whatever steps it finds warranted to preserve the value
of an ongoing business enterprise in which a third party may be
a joint venture partner, for example. The conferees encourage
the courts to protect the property interests of such innocent
third parties by using their inherent authority, on a case-by-
case basis, under the applicable procedures governing execution
on judgment and attachment in anticipation of judgment.
The provision would further provide that a foreign
state's property would not be immune from execution upon a
judgment due to the property being regulated by the United
States Government under the Trading With the Enemy Act or the
International Emergency Economic Powers Act due to the
sovereign immunity of the United States.
The provision would clarify that nothing in section 1503
of the Emergency Supplemental Appropriations Act, 2003 (Public
Law 108-11) has ever authorized making any provision of the
Foreign Sovereign Immunities Act inapplicable, or the removal
of the jurisdiction of any court of the United States. The
conferees stress that this provision should not be construed in
any way as support for the use of United States appropriated
funds to satisfy a claim brought under this section.
Legislative Provisions Not Adopted
Hate crimes
The Senate amendment contained a provision (sec. 1023)
that would address hate crimes.
The House bill contained no similar provision.
The Senate recedes.
Comprehensive study and support for criminal investigations and
prosecutions by State and local law enforcement officials
The Senate amendment contained a provision (sec. 1024)
that would require a comprehensive study and support for
certain criminal investigations and prosecutions by State and
local law enforcement officials.
The House bill contained no similar provision.
The Senate recedes.
Extension of period for transfer of funds to Foreign Currency
Fluctuations, Defense account
The Senate amendment contained a provision (sec. 1007)
that would extend from 2 to 4 fiscal years the length of time
after the end of the period of availability of obligation in
which funds can be transferred back to the ``Foreign Currency
Fluctuations, Defense'' (FCFD) appropriation account to offset
losses caused by fluctuations in foreign currency exchange
rates.
The House bill contained no similar provision.
The Senate recedes.
Minimum annual purchase amounts for airlift from carriers participating
in the Civil Reserve Air Fleet
The Senate amendment contained a provision (sec. 1027)
that would allow the Department of Defense to guarantee higher
minimum levels of business for all air carriers participating
in the Civil Reserve Air Fleet (CRAF) program of up to 80
percent of the average annual expenditure of the Department of
Defense for airlift during the preceding 5 years.
The House bill contained no similar provision.
The Senate recedes.
The voluntary agreements between the U.S. Government and
the commercial air carriers in the CRAF program provide the
Nation with a large reserve of airlift capacity to move troops
and cargo within a few hours of activation. The conferees
recognize the importance of the CRAF program to the national
military strategy since the overall airlift capability of the
Department of Defense depends on a significant contribution by
the CRAF program.
Therefore, the conferees fully support the CRAF program.
The conferees also recognize that there may be problems for
CRAF participants when airlift demands shift from wartime to
peacetime levels. However, the conferees agree that, before
establishing any type of assured business model, a full
assessment of the CRAF program should be performed. The
conferees have adopted a provision in title III of this Act
directing such an assessment. The conferees expect that the
Department's assessment will provide the analysis necessary to
guide any changes to current relationships with the CRAF
participants.
Comptroller General review of the Joint Improvised Explosive Device
Defeat Organization
The House bill contained a provision (sec. 1032) that
would require the Comptroller General to conduct a review of
the Joint Improvised Explosive Device Defeat Organization
(JIEDDO).
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Comptroller General to provide
the congressional defense committees, not later than 180 days
after the date of the enactment of this Act, with an assessment
of the JIEDDO to include the following items: (1) the tools and
processes in place to enable the Organization to determine the
appropriateness and efficacy of its efforts to achieve its
mission, including strategy, plans, technologies developed, and
programs funded; (2) the process used by the Organization to
select appropriate and effective technologies and other
solutions to achieve its mission; (3) the ability of the
Organization to respond to rapidly changing threats and to
anticipate future threats; (4) the performance of the
Organization in leading, advocating, and coordinating all of
the activities of the Department of Defense to defeat
improvised explosive devices and an assessment of the
Organization's authority to do so; (5) the efforts of the
Organization to target enemy networks and how the Organization
is leveraging and coordinating such efforts with the efforts of
other elements of the Department and other elements of the
United States Government; (6) the feedback from the warfighter
with respect to the efforts of the Organization; (7) the
oversight and direction over the activities of the Organization
by the Office of the Secretary of Defense; and (8) other
matters as appropriate.
The conferees remain concerned about the effectiveness of
JIEDDO and its ability to effectively coordinate the
Department's and intelligence community's response to the
improvised explosive device and asymmetric threats faced by the
warfighter in Iraq and Afghanistan.
Commercial aviation technologies
The House bill contained a provision (sec. 1035) that
would require the Secretary of Defense to conduct a study to
examine the methods by which air carriers and aviation
technology companies research, develop, and deploy commercial
aviation technologies.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Department of Defense
provides substantial funding for independent research and
development conducted by major aerospace contractors.
Contractors leverage this investment to advance aviation
technology that is useful for both commercial and defense
purposes. In addition, the Department routinely leverages its
science and technology budget to take advantage of promising
technologies developed in the commercial sector. This effort is
furthered by the National Aeronautics Research and Development
policy, issued in December 2006, which provides improved
coordination for aeronautics research and development across
the Federal Government. The conferees applaud these efforts and
encourage the Department to continue to seek opportunities to
improve synergy in the development of military and commercial
aviation technologies.
Review of Department of Defense procedures to classify excess defense
articles and defense services with military technology
components
The House bill contained a provision (sec. 1036) that
would require the Secretary of Defense, with the concurrence of
the Secretary of State, to conduct a review of, and report on:
(1) the procedures by which the Department of Defense
classifies defense articles and defense services with military
technology components as excess to the needs of the Department;
and, (2) the extent to which any of the classification
procedures led to the transfer of defense article or services
with military technology components to terrorists or unfriendly
states or groups.
The Senate amendment contained no similar provision.
The House recedes.
The conferees urge the Department to take all measures
necessary to ensure adequate controls over surplus defense
materials.
Additional Weapons of Mass Destruction Civil Support Teams
The House bill contained a provision (sec. 1051) that
would authorize two additional Weapons of Mass Destruction
Civil Support Teams.
The Senate amendment contained no similar provision.
The House recedes.
Study and report on use of power management software
The House bill contained a provision (sec. 1058) that
would require a report on the use of power management software.
The Senate amendment contained no similar provision.
The House recedes.
The conferees recommend that the Secretary of Defense
undertake an analysis of the cost and environmental benefits of
adopting energy efficient information technologies and
computing practices, including, but not limited to, energy-
efficient data centers, servers and workstations; power
management software for computers and monitors; and
telecommuting for appropriate personnel. The conferees further
recommend that the Secretary of Defense keep Congress and the
public aware of progress to achieve these potential energy
savings and environmental benefits and of opportunities for
industry and academia to support efforts in this area.
Establishment of National Foreign Language Coordination Council
The Senate amendment contained a provision (sec. 1069)
that would establish a National Foreign Language Coordination
Council to develop and monitor the implementation of a
comprehensive national foreign language strategy.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the President to report to the
conferees, no later than 90 days after the enactment of this
Act, on the extent to which the executive branch has developed
a strategy for developing foreign language capability in the
United States, and a plan for implementing it. The report
should also contain a description of the goals and achievements
of the National Security Language Initiative, and indicate what
additional steps, if any, the President intends to take to
address the need for greater foreign language capability in the
United States. The conferees expect that the report will
include a description of any additional authorities that the
executive branch would require from Congress in order to
implement future plans.
Grant of federal charter to Korean War Veterans Association,
Incorporated
The Senate amendment contained a provision (sec. 1078)
that would amend part B of subtitle II of title 36, United
States Code, to grant a federal charter to the Korean War
Veterans Association, Incorporated.
The House bill contained no similar provision.
The Senate recedes.
Sense of Senate on General David Petraeus
The Senate amendment contained a provision (sec. 1079)
expressing that it is the sense of the Senate to reaffirm its
support for all the men and women of the United States armed
forces, including General David H. Petraeus, Commanding
General, Multi-National Force--Iraq; to strongly condemn any
effort to attack the honor and integrity of General Petraeus
and all the members of the United States armed forces; and to
specifically repudiate the unwarranted personal attack on
General Petraeus by the liberal activist group Moveon.org.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that a similar provision was contained
in House Joint Resolution 52, making continuing appropriations
for fiscal year 2008, which was subsequently passed by the
Senate without amendment and signed into law by the President
as Public Law 110-92 on September 29, 2007.
Sense of Congress on equipment for the National Guard to defend the
homeland
The Senate amendment contained a provision (sec. 1081)
that would express the sense of Congress that the National
Guard should have sufficient equipment available to accomplish
their missions inside the United States and defend the
homeland.
The House bill contained no similar provision.
The Senate recedes.
The conferees remain concerned that the overall readiness
of the National Guard to respond to domestic emergencies has
been undermined by equipment shortages resulting from
inadequate funding and extended commitments to operations in
Iraq and Afghanistan. Equipment shortages and poor existing
equipment readiness increases the risk for States that Guard
units will not have the necessary equipment on-hand and fully
operational to meet the mission requirements of homeland
defense, domestic support, crisis response, and consequence
management. The conferees are aware that the Army National
Guard has only 40 percent of its required equipment in the
United States; and, that the Chief, National Guard Bureau has
submitted to Congress a fiscal year 2008 unfunded equipment
list of $2.0 billion.
The conferees recommend elsewhere in this report
provisions that would authorize appropriation of an additional
$980.0 million for the procurement of high-priority equipment
to address National Guard and reserve component unfunded
shortfalls. These additional funds would procure items
particularly relevant and necessary to the National Guard's
domestic support missions, such as aircraft, wheeled and
tracked combat vehicles, tactical wheeled vehicles,
communications equipment, ammunition, and other weapons.
The conferees also expect that the Secretary of Defense
will take the actions necessary, including determination of
requirements and prioritization of equipment repair,
procurement, and fielding, to improve National Guard readiness
for its domestic support missions and reduce risks to public
safety within the United States.
Sense of the Senate on Air Force use of towbarless aircraft ground
equipment
The Senate amendment contained a provision (sec. 1083)
that would express the sense of the Senate encouraging the Air
Force to consider towbarless ground support equipment for
towing aircraft.
The House bill contained no similar provision.
The Senate recedes.
The conferees note the potential operational utility,
cost savings, and increased safety afforded by the utilization
of towbarless aircraft ground equipment, and encourage the Air
Force to consider their use.
Designation of Charlie Norwood Department of Veterans Affairs Medical
Center
The Senate amendment contained a provision (sec. 1084)
that would designate the Department of Veterans Affairs Medical
Center in Augusta, Georgia as the ``Charlie Norwood Department
of Veterans Affairs Medical Center''.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that separate legislation making this
designation was signed into law (Public Law 110-112) on
November 8, 2007.
Commercialization pilot program
The Senate amendment contained a provision (sec. 1085)
that would extend the Small Business Innovation Research (SBIR)
program commercialization pilot program that was originally
established by section 252 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163),
that would authorize the Secretary of Defense to establish
insertion incentives for SBIR technologies; and would authorize
the Secretary of Defense to establish goals for the insertion
of SBIR technologies into programs of record or fielded
systems.
The House bill contained no similar provision.
The Senate recedes.
National center for human performance
The Senate amendment contained a provision (sec. 1091)
that would designate a scientific institute at the Texas
Medical Center as the National Center for Human Performance.
The House bill contained no similar provision.
The Senate recedes.
Veteran small business
The Senate amendment contained a division (Division D)
that would provide for the Small Business Administration to
provide assistance to military reservist and veteran small
business.
The House bill contained no similar provision.
The Senate recedes.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Extension of authority to waive annual limitation on total compensation
paid to federal civilian employees working overseas under areas
of United States Central Command (sec. 1101)
The Senate amendment contained a provision (sec. 1105)
that would authorize the head of an executive agency to waive
limitations on total compensation to an employee who performs
certain work while in an overseas location within the area of
responsibility of the United States Central Command. The total
compensation would be limited to $212,100 per calendar year.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Continuation of life insurance coverage for federal employees called to
active duty (sec. 1102)
The Senate amendment contained a provision (sec. 1103)
that would authorize federal civilian employees who are members
of a reserve component of the armed forces called or ordered to
active duty to continue coverage under Federal Employees Group
Life Insurance for a period not to exceed 24 months.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
that an eligible employee who elects to continue this life
insurance coverage would be responsible for the premium
payments after the initial 12 months of coverage.
Transportation of dependents, household effects, and personal property
to former home following death of federal employee where death
resulted from disease or injury incurred in the Central Command
area of responsibility (sec. 1103)
The House bill contained a provision (sec. 1109) that
would allow the dependents of a federal civilian employee who
dies while on deployment in a combat zone to be relocated to
their home of record at the government's expense, whether the
dependents are living overseas or in the continental United
States.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would narrow
the scope to cover dependents of a federal civilian employee
who dies while performing duties within the area of
responsibility of the Commander of the United States Central
Command. The amendment would also clarify that the provision
would apply to an employee who was a party to a mandatory
mobility agreement that was in effect when the employee died.
Special benefits for civilian employees assigned on deployment
temporary change of station (sec. 1104)
The House bill contained a provision (sec. 1102) that
would authorize the head of an agency to provide quarters,
rations, and storage of a personal motor vehicle without charge
to a civilian employee of an executive agency of a military
department who is assigned on a temporary change of station in
support of a contingency operation.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify
that the time period during which a personal motor vehicle may
be stored cannot exceed the period of the employee's temporary
assignment.
Death gratuity authorized for federal employees (sec. 1105)
The House bill contained a provision (sec. 1105) that
would require the United States to pay a death gratuity of
$100,000 to civilian employees of the Department of Defense who
died as a result of wounds, injuries, or illness while on duty
in a combat zone or from a terrorist incident.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
the payment of the death gratuity in the amount of up to
$100,000, and would limit the condition of receipt of this
gratuity to duty in a contingency operation. In addition, the
amendment would require that the death gratuity would be offset
by any amount received from any other federally provided death
gratuity.
Modifications to the National Security Personnel System (sec. 1106)
The House bill contained a provision (sec. 1106) that
would modify the authority of the Secretary of Defense to
establish a National Security Personnel System (NSPS) pursuant
to section 9902 of title 5, United States Code.
The Senate amendment contained several provisions (secs.
684, 1074, and 1104) that would make similar changes to NSPS.
The Senate recedes with an amendment that would restore
the collective bargaining and appeal rights of employees of the
Department of Defense, while preserving the ability of the
Department to implement a pay-for-performance system. The
provision would prohibit the Secretary from adding more than
100,000 civilian employees to the system in any calendar year
and require periodic reviews by the Comptroller General during
the implementation period. The phased implementation and
regular reviews should ensure that Congress has an opportunity
to make any additional adjustments that may be needed to ensure
that NSPS is implemented in a manner that is transparent,
accountable, and fair to the civilian employees of the
Department of Defense.
Requirement for full implementation of personnel demonstration project
(sec. 1107)
The House bill contained a provision (sec. 1111) that
would require the Secretary of Defense to fully implement the
authorities provided under section 342(b) of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
337), as amended by section 1114 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (Public
Law 106-398) to carry out personnel management demonstration
projects at certain Department of Defense laboratories.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify
the requirement for the Secretary to implement a process and
implementation plan to fully utilize the authorities provided
under the sections noted above in order to enhance the
performance of the missions of the laboratories.
The conferees believe that it is essential that defense
laboratories have personnel systems that allow them to attract,
hire, and retain the top quality scientists and engineers
necessary to discharge their unique missions efficiently and
effectively.
The conferees believe that the authorities established
under the sections noted above, if fully utilized, would enable
laboratories to experiment with and demonstrate novel personnel
management flexibilities which may enhance their performance
and capabilities. The conferees anticipate that if these
demonstrations are successful, the authorities may then be
adopted by other laboratories or organizations within the
Department of Defense, if appropriate to support their
missions.
Authority for inclusion of certain Office of Defense Research and
Engineering positions in experimental personnel program for
scientific and technical personnel (sec. 1108)
The Senate amendment contained a provision (sec. 1106)
that would authorize the inclusion of 20 technical positions in
the Office of the Director of Defense Research and Engineering
(DDR&E) in the experimental personnel program for scientific
and technical personnel established by section 1101 of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261).
The House bill contained no similar provision.
The House recedes with an amendment that would reduce the
total number of authorized positions to 10.
The conferees note that the DDR&E's technical staff plays
an important role in the oversight and coordination of the
Department of Defense's science and technology program. This
involves initiatives in rapidly developing scientific areas
such as hypersonics, societal and behavioral modeling, and
nanotechnology. The conferees believe that the utilization of
the personnel authority provided by the provision can enhance
the ability of the DDR&E to recruit and retain a staff with the
diverse technical competencies necessary to oversee these
initiatives.
Pilot program for the temporary assignment of information technology
personnel to private sector organizations (sec. 1109)
The House bill contained a provision (sec. 1112) that
would extend the Information Technology Exchange Program (ITEP)
established in chapter 37 of the E-Government Act of 2002
(Public Law 107-347). ITEP allows employees from federal and
private sector information technology (IT) organizations to
participate in temporary assignments to another organization.
The authorization for the program ends on December 17, 2007.
This provision would extend the program only in relation to the
Department of Defense for an additional 3 years.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would create a
3-year pilot program for the temporary assignment of Department
of Defense IT personnel in private sector organizations. The
amendment would also require the Secretary of Defense to report
to the Committees on Armed Services of the Senate and the House
of Representatives on the potential benefits of a similar
exchange program in which IT personnel from the private sector
are assigned to the Department of Defense, as well as any
recommendations for legislation that may be necessary to create
such a program.
The conferees acknowledge that legislation is pending
before congressional committees that would extend authority for
the E-Government Act of 2002 beyond its current expiration
date.
Compensation for federal wage system employees for certain travel hours
(sec. 1110)
The House bill contained a provision (sec. 1101) that
would amend section 5544(a) of title 5, United States Code, to
authorize compensation of federal wage system employees for
hours spent traveling while returning from an event that cannot
be scheduled or controlled administratively.
The Senate amendment contained a similar provision (sec.
1101).
The Senate recedes with a technical amendment.
Travel compensation for wage grade personnel (sec. 1111)
The House bill contained a provision (sec. 1104) that
would amend section 5550b(a) of title 5, United States Code, to
allow wage grade employees to receive compensatory time off for
each hour spent on official travel, provided the time is not
otherwise compensable.
The Senate amendment contained no similar provision.
The Senate recedes.
Accumulation of annual leave by senior level employees (sec. 1112)
The House bill contained a provision (sec. 1103) that
would authorize employees classified above the GS-15 level and
Intelligence Senior Level positions in the Department of
Defense to accrue annual leave accrual in the same manner
currently authorized for certain other senior government
officials, including members of the Senior Executive Service
and the Defense Intelligence Senior Executive Service.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Uniform allowances for civilian employees (sec. 1113)
The Senate amendment contained a provision (sec. 1107)
that would repeal section 1593 of title 10, United States Code,
in order to remove the $400 limitation on uniform allowances
for civilian employees.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the Secretary of Defense to prescribe by regulation an amount
higher than $400.
Flexibility in setting pay for employees who move from a Department of
Defense or Coast Guard nonappropriated fund instrumentality
position to a position in the general schedule pay system (sec.
1114)
The House bill contained a provision (sec. 1108) that
would authorize flexibility in setting pay for an employee of a
Department of Defense (DOD) or U.S. Coast Guard nonappropriated
fund instrumentality who voluntarily transfers to a DOD or
Coast Guard civil service appropriated fund position without a
break in service of more than 3 days.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Retirement service credit for service as cadet or midshipman at a
military service academy (sec. 1115)
The Senate amendment contained a provision (sec. 1102)
that would amend sections 8331(13) and 8401(31) of title 5,
United States Code, to clarify an existing practice of awarding
retirement service credit for time in service as a cadet or
midshipman at a military service academy.
The House bill contained no similar provision.
The House recedes.
Authorization for increased compensation for faculty and staff of the
Uniformed Services University of the Health Sciences (sec.
1116)
The Senate amendment contained a provision (sec. 1108)
that would provide the Secretary of Defense greater flexibility
in setting salary levels for faculty and staff at the Uniformed
Services University of the Health Sciences. In no event would
the total amount of compensation exceed the amount specified in
section 102 of title 3, United States Code.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Report on establishment of a scholarship program for civilian mental
health professionals (sec. 1117)
The Senate amendment contained a provision (sec. 711)
that would require the Secretary of Defense, in consultation
with the Assistant Secretary of Defense for Health Affairs and
each of the surgeons general of the armed forces, to submit to
Congress a report on the feasibility and advisability of
establishing a scholarship program for civilian mental health
professionals. This report would be due not later than 180 days
after the date of enactment of this Act.
The House bill contained no similar provision.
The House recedes.
Legislative Provisions Not Adopted
Annuity commencing dates
The House bill contained a provision (sec. 1107) that
would allow federal retirement annuities to commence either on
the day after retirement or the day after age and service
requirements are met.
The Senate amendment contained no similar provision.
The House recedes.
Physicians and health care professionals comparability allowances
The Senate amendment contained a provision (sec. 937)
that would increase the amount of allowance the Secretary of
Defense is authorized to give to current or new Department of
Defense physicians or health care professionals under service
agreements. The provision would also require the Secretary of
Defense to report to the appropriate committees of Congress
annually on the operation of this section with regards to
recruiting and retention problems and other issues.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense, in
consultation with the Director, Office of Personnel Management,
to report to the Committees on Armed Services of the Senate and
the House of Representatives by February 1, 2008, on the
utilization of all bonus authorities for purposes of
recruitment and retention of Department of Defense civilian
health care professionals from fiscal year 2002 through fiscal
year 2007.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Military-to-military contacts and comparable activities (sec. 1201)
The House bill contained a provision (sec. 1201) that
would allow personnel exchange programs with foreign
governments to be conducted on a non-reciprocal basis if the
Secretary of Defense determines that it would be in the
interests of the United States to do so.
The Senate amendment contained no similar provision.
The Senate recedes.
Authority for support of military operations to combat terrorism (sec.
1202)
The House bill contained a provision (sec. 1202) that
would extend the authority provided in section 1208 of the
Ronald W. Reagan National Defense Authorization Act for Fiscal
Year 2005 (Public Law 108-375), and amend the annual reporting
requirements contained in subsection (f) of section 1208.
The Senate amendment contained no similar provision.
The Senate recedes.
Medical care and temporary duty travel expenses for liaison officers of
certain foreign nations (sec. 1203)
The House bill contained a provision (sec. 1203) that
would authorize the Secretary of Defense to pay medical and
temporary duty travel expenses incurred by a liaison officer
from a developing country who is temporarily assigned to a
headquarters of a combatant command, component command, or
subordinate operational command in connection with the planning
for, or conduct of, a military operation.
The Senate amendment contained no similar provision.
The Senate recedes.
Extension and expansion of Department of Defense authority to
participate in multinational military centers of excellence
(sec. 1204)
The House bill contained a provision (sec. 1204) that
would extend the authority provided under section 1205 of the
John Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364) for the Department of Defense to
participate in multinational military centers of excellence.
The provision would expand the definition of multinational
military centers of excellence in which Department personnel
may participate beyond those entities accredited or approved by
the North Atlantic Treaty Organization (NATO), to include
centers accredited or approved by the Secretary of Defense. The
provision would also raise the limitation on expenditures for
the U.S. share of the operating expenses of multinational
military centers of excellence under this section from $3.0
million to $5.0 million.
The Senate amendment contained a provision (sec. 1214)
that would extend, but not expand, the authority for Department
of Defense participation in multinational military centers of
excellence.
The Senate recedes with an amendment that would maintain
the current definition of a multinational military center of
excellence as an entity accredited and approved by NATO. The
conferees note the Department's stated interest in
participating in multinational military centers of excellence
beyond the NATO context. To aid consideration of this proposal,
the conferees urge the Department to provide additional
information on how expanded authority under this section would
be implemented, including how it would define a ``military
center of excellence'' outside the NATO context; where such
centers are or would be located; the purposes of such centers;
and the costs associated with U.S. participation in such
centers.
Reauthorization of Commanders' Emergency Response Program (sec. 1205)
The House bill contained a provision (sec. 1205) that
would extend the authority provided in section 1202 of the
National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163) for the Commanders' Emergency Response Program
(CERP) through fiscal years 2008 and 2009. The CERP is intended
to provide commanders in Iraq and Afghanistan funds for use in
small humanitarian and reconstruction projects in their area of
responsibility that provide immediate assistance to the local
population.
The Senate amendment contained a provision (sec. 1203)
that would authorize the CERP through fiscal year 2008 and
increase the authorized level for CERP funding up to
$977,441,000.
The Senate recedes with an amendment that would authorize
up to $977,441,000 to be used for CERP during each of fiscal
years 2008 and 2009.
The conferees note that the Under Secretary of Defense
(Comptroller) issued revised guidance for the CERP on May 9,
2007. The conferees are concerned by the failure of the
Department of Defense to comply with the requirement of section
1202 that the Secretary of Defense submit to the congressional
defense committees any modification to the guidance regarding
the allocation of CERP funds not later than 15 days after the
guidance is issued. The conferees strongly urge the Department
to comply with this requirement of section 1202 in the future.
The conferees also highlight that the revised May 2007
CERP guidance expands the listed uses of CERP funds, to include
making payments, sometimes called ``martyr payments,'' to the
family members of Iraqi or Afghan ``defense or police personnel
who were killed as a result of U.S., coalition or supporting
military operations'' in Iraq or Afghanistan. The conferees
question the Department's characterization of martyr payments
as a subset of condolence payments--payments made to civilians
for death or physical injury resulting from U.S., coalition, or
supporting military operations. Further, the conferees have
concerns over whether martyr payments are an appropriate
expansion of the uses of CERP funds on both policy and legal
grounds.
The conferees direct the Department to review its
decision to expand the use of CERP to include martyr payments
and submit a report on the results of that review to the
congressional defense committees not later than 60 days after
enactment of this Act. The report should include: a review of
the relevant policy considerations, including whether such
payments should be the responsibility of the Government of Iraq
or Afghanistan, respectively, rather than U.S. commanders; the
legal considerations associated with making martyr payments,
including whether such payments are consistent with the
prohibition in the CERP guidance on using CERP funds to provide
services or funds to national security forces in Iraq and
Afghanistan; and whether other funding accounts, such as the
Iraq Security Forces Fund or the Afghanistan Security Forces
Fund, would be a more appropriate source of funds for making
martyr payments. The report should also include information on
the amount of CERP funds used for martyr payments in each of
fiscal years 2006, 2007, and 2008 up to the date of the report.
The conferees direct the Department to specify in the quarterly
reports required under section 1202 the amount of CERP funds
used for martyr payments separate from the amount specified for
condolence payments.
Authority to build the capacity of the Pakistan Frontier Corps (sec.
1206)
The House bill contained a provision (sec. 1206) that
would expand the authority provided under section 1206 of the
National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163) for training and equipping foreign military forces
to allow the Secretary of Defense, with the concurrence of the
Secretary of State, to build the capacity of Pakistan security
forces, other than its military forces, to conduct
counterterrorist operations.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
the Secretary of Defense, with the concurrence of the Secretary
of State, to use up to $75.0 million of funds available for
operation and maintenance during fiscal year 2008 to enhance
the ability of the Pakistan Frontier Corps to conduct
counterterrorist operations along the border between Pakistan
and Afghanistan. Authorized assistance may include equipment,
supplies, and training. The amendment would require the
Secretary of Defense to notify the congressional defense
committees and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate not less than 15 days prior to providing assistance
under this section.
Authority to equip and train foreign personnel to assist in accounting
for missing United States Government personnel (sec. 1207)
The House bill contained a provision (sec. 1207) that
would authorize the Secretary of Defense to provide assistance
to foreign nations to aid/help in recovery and accounting
activities for missing U.S. Government personnel. The Secretary
of Defense would be required to submit an annual report on the
assistance provided under this authority.
The Senate amendment contained a similar provision (sec.
1201).
The House recedes with a clarifying amendment.
Authority to provide automatic identification system data on maritime
shipping to foreign countries and international organizations
(sec. 1208)
The House bill contained a provision (sec. 1208) that
would permit the Secretary of Defense to authorize secretaries
of the military departments and geographic combatant commanders
to provide foreign nations and international organizations with
information on the location of merchant vessels.
The Senate amendment contained no similar provision.
The Senate recedes.
Report on foreign-assistance related programs carried out by the
Department of Defense (sec. 1209)
The House bill contained a provision (sec. 1209) that
would require the Secretary of Defense to submit a report not
later than 180 days after enactment of this Act describing, on
a country-by-country basis, all foreign-assistance related
programs, projects, and activities of the Department of Defense
during the prior fiscal year.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to submit a report specifying, on a
country-by-country basis, each program carried out by the
Department of Defense during the prior fiscal year under the
foreign-assistance related authorities specified in the
provision. The report would be unclassified, but may include a
classified annex. The report would be submitted to the
congressional defense committees, and the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate.
Extension and enhancement of authority for security and stabilization
assistance (sec. 1210)
The Senate amendment contained a provision (sec. 1202)
that would extend until September 30, 2008, the authority
provided under section 1207 of the National Defense
Authorization Act of Fiscal Year 2006 (Public Law 109-163) for
the Secretary of Defense to provide the Secretary of State
services, defense articles, or funding to support Department of
State programs for reconstruction, security, or stabilization
assistance. The provision would also increase the total amount
of all services, defense articles, and funding that may be
provided under section 1207 from $100.0 million to $200.0
million. The provision would require the Department of State
(DOS) to coordinate with the Department of Defense (DOD) in the
formulation and implementation of any program of
reconstruction, security, or stabilization assistance that
involves the provision of services, defense articles, or funds
by the DOD to the DOS under this section.
The House bill contained no similar provision.
The House recedes with an amendment that would delete the
increase under the Senate provision in the aggregate value of
all services, defense articles, and funding that may be
provided under this section, thereby keeping the funding
limitation under section 1207 at $100.0 million during fiscal
year 2008.
Government Accountability Office report on Global Peace Operations
Initiative (sec. 1211)
The Senate amendment contained a provision (sec. 1204)
that would direct the Government Accountability Office to
submit a report not later than March 1, 2008, to the
congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives, assessing the President's
Global Peace Operations Initiative.
The House bill contained no similar provision.
The House recedes with a clarifying amendment that would
stipulate that the report be unclassified to the maximum extent
possible, and would require it to be submitted by June 1, 2008.
Repeal of limitations on military assistance under the American
Servicemembers' Protection Act of 2002 (sec. 1212)
The Senate amendment contained a provision (sec. 1205)
that would repeal some of the remaining limitations on
providing military assistance under the American
Servicemembers' Protection Act of 2002 (22 U.S.C. 7426).
The House bill contained no similar provision.
The House recedes.
Subtitle B--Matters Relating to Iraq and Afghanistan
Modification of authorities relating to the office of the Special
Inspector General for Iraq Reconstruction (sec. 1221)
The House bill contained a provision (sec. 1221) that
would extend the authority for the office of the Special
Inspector General for Iraq Reconstruction and clarify certain
authorities of the office.
The Senate amendment contained a similar provision (sec.
1540).
The House recedes with an amendment that would extend the
authority for the office and combine the authorities provided
in the House and Senate provisions.
Limitation on availability of funds for certain purposes relating to
Iraq (sec. 1222)
The House bill contained a provision (sec. 1222) that
would prohibit the obligation of funds authorized in this or
any other act to establish permanent bases in Iraq or exercise
United States control over Iraq's oil resources.
The Senate amendment contained a provision (sec. 1531)
that would continue such a prohibition for fiscal year 2008
only.
The House recedes.
Report on United States policy and military operations in Iraq (sec.
1223)
The House bill contained a provision (sec. 1224) that
would require a report on the implementation of the Multi-
National Forces-Iraq/United States Embassy Baghdad Joint
Campaign Plan and efforts to achieve political reform in Iraq.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment to the United States
Policy in Iraq Act, section 1227(c) of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163),
that would require a detailed description of the Joint Campaign
Plan, including those conditions which could prompt changes to
levels of United States armed forces or missions, and the
status of planning for those changes.
Report on a comprehensive set of performance indicators and measures
for progress toward military and political stability in Iraq
(sec. 1224)
The House bill contained a provision (sec. 1225) that
would require a report on training of the Iraqi Security
Forces.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment to section 9010 of
the Department of Defense Appropriations Act for Fiscal Year
2007 (Public Law 109-289) that would require additional
information on the Iraqi Security Forces in the report required
by that Act.
Report on support from Iran for attacks against coalition forces in
Iraq (sec. 1225)
The Senate amendment contained a provision (sec. 1535)
that would require, not later than 30 days after the date of
enactment of this Act and every 60 days thereafter, that the
Commander, Multi-National Forces, Iraq, and the U.S. Ambassador
to Iraq, in coordination with the Director of National
Intelligence, submit a report to Congress on: any support
provided to anti-coalition forces in Iraq by Iran or its
agents; Iran's strategy in Iraq; and any strategy or efforts by
the United States to counter the activities of Iran in Iraq.
The provision also contained a rule of construction that
nothing in this section would authorize or speak to the use of
armed forces against Iran.
The House bill contained no similar provision.
The House recedes with an amendment that would require
that the report be submitted by the Secretary of Defense, in
coordination with the Director of National Intelligence, not
later than 60 days after the date of enactment of this Act and
every 180 days thereafter. The amendment would also provide
that the reporting requirement would terminate when the
Secretary of Defense, in coordination with the Director of
National Intelligence, certifies to the congressional defense
committees that Iran has ceased to provide military support to
anti-coalition forces in Iraq.
The conferees are deeply concerned by reports of Iranian
activity in Iraq, including that the Iranian Qods Force is
providing training and support to anti-coalition forces in
Iraq. The conferees call on Iran to cease any training,
equipping, funding, advising, or any other support that it or
its agents are providing to Iraqi militia and insurgents and
that is counter to Iraqi and coalition interests. The conferees
strongly support U.S. diplomatic efforts with Iran to stop any
actions by Iran or its agents against U.S. or other coalition
forces in Iraq.
Sense of Congress on the consequences of a failed state in Iraq (sec.
1226)
The Senate amendment contained a provision (sec. 1536)
that would express the sense of the Senate that the Senate
should commit itself to a strategy that will not leave a failed
state in Iraq, and the Senate should not pass legislation that
will undermine our military's ability to prevent a failed state
in Iraq.
The House bill contained no similar provision.
The House recedes with an amendment that would express
the sense of Congress that a failed state in Iraq will have a
negative impact on the Middle East and American interests in
the region, and that the United States should pursue strategies
to prevent a failed state in Iraq or contain the negative
effects of a failed state in Iraq.
Sense of Congress on federalism in Iraq (sec. 1227)
The Senate amendment contained a provision (sec. 1537)
that would express the sense of Congress that the United States
should actively support a political settlement in Iraq based on
the final provisions of the Constitution of Iraq that create a
federal system of government and allow for the creation of
federal regions, consistent with the wishes of the Iraqi people
and their elected leaders. This provision would also express
the sense of Congress on other steps the United States should
take in that regard.
The House bill contained no similar provision.
The House recedes with an amendment that would express
the sense of Congress that policies supported by the United
States in the pursuit of a political settlement in Iraq should
be consistent with the wishes of the Iraqi people and should
not violate the sovereignty of the nation of Iraq.
Tracking and monitoring of defense articles provided to the Government
of Iraq and other individuals and groups in Iraq (sec. 1228)
The Senate amendment contained a provision (sec. 1541)
that would require the President to implement a policy to
control the export and transfer of defense articles into Iraq,
including implementation of a registration and monitoring
system.
The House bill contained no similar provision.
The House recedes with an amendment that would make
clarifying changes, and would also require the provision to
take effect 180 days after the enactment of this Act, with one
90-day waiver option, and does not direct enhanced end-use
monitoring.
The conferees fully expect the President to delegate this
authority.
The conferees urge the relevant Secretaries to consider
whether enhanced end-use monitoring may be desirable in the
cases of some of the lethal defense articles provided to Iraq.
The conferees understand, based on information provided
by the Departments of State and Defense, that this provision
will not have the effect of slowing the delivery of defense
articles and services to Iraq under the Foreign Military Sales
program. The conferees urge the Department of Defense to inform
the conferees immediately in the event that implementation of
this provision would have such an unintended and undesired
effect.
Special Inspector General for Afghanistan Reconstruction (sec. 1229)
The House bill contained a provision (sec. 1231) that
would establish an office of the Special Inspector General for
Afghanistan Reconstruction (SIGAR) to conduct independent and
objective audits and investigations of programs and operations
funded by the Department of Defense for Afghanistan
reconstruction. The President would appoint the SIGAR. The
provision would require the SIGAR to provide quarterly and
semiannual reports to the congressional defense committees. The
Office of the SIGAR would terminate 10 months after 80 percent
of the Department of Defense funds for Afghanistan
reconstruction have been expended.
The Senate amendment contained a provision (sec. 1542)
that would establish an office of the SIGAR to conduct audits
and investigations of United States Government programs and
operations for Afghanistan reconstruction.
The Senate recedes with an amendment that would establish
an office of the SIGAR to conduct independent and objective
audits and investigations of United States Government programs
and operations for Afghanistan reconstruction. The President
would appoint the SIGAR and may appoint the Special Inspector
General for Iraq Reconstruction (SIGIR) to serve as the SIGAR.
The SIGAR would report on a quarterly basis to the
congressional defense committees and the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate. The provision would provide
$20.0 million from the Afghanistan Security Forces Fund to
carry out this section during fiscal year 2008. The Office of
the SIGAR would terminate 180 days after the amount of
unexpended funds appropriated or otherwise made available for
Afghanistan is less than $250.0 million.
Report on progress toward security and stability in Afghanistan (sec.
1230)
The House bill contained a provision (sec. 1232) that
would require the Secretary of Defense, in coordination with
the relevant U.S. Government agencies and departments, to
report not later than 90 days after enactment of this Act on
progress toward security and stability in Afghanistan. The
report would include a description of the strategic direction
of U.S. activities related to security and stability in
Afghanistan. The report would also include a comprehensive set
of performance indicators and measures of progress toward long-
term security and stability in Afghanistan. The Secretary of
Defense would be required to provide updates of the report
every 90 days.
The Senate amendment contained a provision (sec. 1231)
that would require the President to report to the congressional
defense committees semiannually through fiscal year 2009 on
U.S. policy and military operations in Afghanistan. The
provision would require each report to contain a comprehensive,
interagency-coordinated strategy in support of U.S. policy and
military operations in Afghanistan, and detailed information on
key elements of that strategy.
The Senate recedes with an amendment that would require
the President, acting through the Secretary of Defense, to
submit a report not later than 90 days after enactment of this
Act, and every 180 days thereafter through the end of fiscal
year 2010, on progress toward security and stability in
Afghanistan. The provision would require the Secretary of
Defense to coordinate with the relevant U.S. Government
agencies and departments in preparing the report. The report
would include a description of a comprehensive U.S. strategy
for security and stability in Afghanistan, and detailed
information on key elements of that strategy, including U.S.
efforts to: strengthen the North Atlantic Treaty Organization
International Security Assistance Forces; build the capacity of
the Afghanistan National Security Forces; promote the
reconstruction and development of Afghanistan, including
through U.S.-led Provincial Reconstruction Teams; define the
overall strategy and activities of the Department of Defense
counternarcotics program; aid the Government of Afghanistan in
fighting public corruption and promoting the rule of law; and
increase cooperation with Afghanistan's neighboring countries.
The provision would also require that the report include a
comprehensive set of performance indicators and measures of
progress toward long-term security and stability in
Afghanistan. The report would be provided to the congressional
defense committees, and the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations
of the Senate.
United States plan for sustaining the Afghanistan National Security
Forces (sec. 1231)
The House bill contained a provision (sec. 1234) that
would require the Secretary of Defense, in coordination with
the Secretary of State and the Attorney General, to submit a
report detailing a long-term plan for sustaining the
Afghanistan National Security Forces (ANSF). The provision
would require the Secretary of Defense to update the plan every
90 days. The initial report and the updates would be submitted
to the congressional defense committees, and the Committee on
Foreign Affairs and the Committee on the Judiciary of the House
of Representatives and the Committee on Foreign Relations and
the Committee on the Judiciary of the Senate.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense, in coordination with the Secretary of
State, to submit not later than 90 days after enactment of this
Act and annually thereafter through fiscal year 2010, a report
detailing a long-term plan for sustaining the ANSF, with the
objective of ensuring that the ANSF will be able to conduct
operations independently and effectively and maintain long-term
security and stability in Afghanistan. The report would
include: a comprehensive strategy and budget, with defined
objectives; mechanisms for tracking funding, equipment,
training, and services provided to the ANSF; and any actions
necessary to assist the Government of Afghanistan to achieve a
number of specified goals, and the results of such actions. The
report would be submitted to the congressional defense
committees, and the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign Relations of
the Senate.
United States strategy for enhancing security and stability in the
border region between Afghanistan and Pakistan (sec. 1232)
The Senate amendment contained a provision (sec. 1232)
that would require the President to report to the congressional
defense committees on the U.S. strategy for working with
Pakistan to prevent the movement of violent extremist forces
across the Pakistan border into Afghanistan and to eliminate
safe havens for extremist forces on the territory of Pakistan.
The provision would also restrict reimbursements to Pakistan,
using Coalition Support Funds, for logistical, military, or
other support provided by Pakistan to U.S. military operations
unless the President determined that Pakistan was making
substantial and sustained efforts to eliminate any safe havens
for extremists on its territory.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense, in consultation with the Secretary of
State, to submit a report not later than March 31, 2008, on
enhancing security and stability in the region along the border
of Afghanistan and Pakistan. The report would include a
detailed description of the efforts by Pakistan to eliminate
safe havens for the Taliban, Al Qaeda, or other violent
extremist forces on its territory and prevent the movement of
those forces across Pakistan's border into Afghanistan, and an
assessment by the Secretary of Defense regarding whether
Pakistan is making substantial and sustained efforts to achieve
these objectives.
The provision would also require the Secretary of Defense
to provide a notification to the congressional defense
committees not less than 15 days before making any
reimbursement to Pakistan using Coalition Support Funds for
logistical, military, or other support provided by Pakistan to
U.S. military operations. The notification would include an
itemized description of the logistical, military, or other
support to be reimbursed. The notification would be required
with respect to reimbursements for support provided by Pakistan
during the period beginning on February 1, 2008 and ending on
September 30, 2009. The notification would be submitted in
unclassified form, but may include a classified annex if
necessary.
The conferees are concerned by the lack of transparency
regarding the kinds of logistical, military, or other support
provided by Pakistan to U.S. military operations and being
reimbursed using Coalition Support Funds. The conferees expect
that the notifications provided under this section would
itemize in detail the logistical support that the Department of
Defense has approved for reimbursement using Coalition Support
Funds. The conferees note that for the purposes of this
section, the term ``logistic support, supplies and services''
as defined in section 2350 of title 10, United States Code,
means ``food, billeting, transportation (including airlift),
petroleum, oils, lubricants, clothing, communications services,
medical services, ammunition, base operations support (and
construction incident to base operations support), storage
services, use of facilities, training services, spare parts and
components, repair and maintenance services, calibration
services, and port services.'' The conferees also expect that
the notifications would itemize the military support and
equipment, if any, and any other support or services that the
Department has approved for reimbursement using Coalition
Support Funds.
Reimbursement of certain coalition nations for support provided to
United States military operations (sec. 1233)
The Senate amendment contained a provision (sec. 1532)
that would authorize the Secretary of Defense to reimburse any
key cooperating nation for logistical and military support
provided by that nation to United States military operations in
Operation Iraqi Freedom or Operation Enduring Freedom. The
total amount of reimbursements made under this authority during
fiscal year 2008 may not exceed $1.2 billion. Not later than 30
days after the date of enactment of this Act, the Secretary of
Defense would be required to prescribe standards for
determining what kinds of logistical and military support may
be considered reimbursable under this section. The prescribed
standards would not take effect until 15 days after the
Secretary reports the standards to the congressional defense
committees. The Secretary would be required to notify the
congressional defense committees not less than 15 days before
making any reimbursement under this section.
The House bill contained no similar provision.
The House recedes.
Logistical support for coalition forces supporting operations in Iraq
and Afghanistan (sec. 1234)
The Senate amendment contained a provision (sec. 1533)
that would authorize the Secretary of Defense to provide up to
$400.0 million in supplies, services, and other logistical
support to coalition forces supporting U.S. military and
stabilization operations in Iraq and Afghanistan.
The House bill contained no similar provision.
The House recedes.
Subtitle C--Iraq Refugee Crisis
Refugee Crisis in Iraq Act (sec. 1241-1249)
The Senate amendment contained a series of provisions
that would: name the subtitle the Iraq Refugee Crisis Act of
2007 (sec. 1571); require the Secretary of State to establish a
refugee processing program in Iraq and in countries in the
region for Iraqis threatened because of their association with
the United States Government (sec. 1572); create a Priority 2
category under the refugee resettlement program for Iraqi
refugees of special humanitarian concern (sec. 1573); expand
the current special immigrant visa program (sec. 1574); require
the Secretary of State to designate a Minister Counselor in the
U.S. Embassy in Iraq and in U.S. embassies in certain other
countries in the region to oversee processing of Priority 2
refugees and refugees of special humanitarian concern (sec.
1575); require the Secretary of State to consult with countries
with significant populations of Iraqi refugees throughout the
implementation of this Act (sec. 1576); allow Iraqis who were
denied asylum or had their asylum status terminated after March
1, 2003, solely based on changed country conditions to file a
motion to reopen their claim (sec. 1577); require several
reports from the executive branch on the implementation of this
Act (sec. 1578); and authorize the appropriation of funds
necessary to carry out this Act (sec. 1579).
The House bill contained no similar provisions.
The House recedes with an amendment which would
consolidate these provisions into one subtitle and would make
several technical and clarifying amendments. The two most
significant amendments are: (1) a provision which would provide
8 months of resettlement assistance to those individuals
granted special immigrant visas; and (2) a modification that
would require the Secretary of State to designate a Senior
Coordinator, rather than a Minister Counselor, in the U.S.
Embassy in Iraq and in U.S. embassies in certain other
countries in the region to oversee the processing of Priority 2
refugees and refugees of special humanitarian concern.
The conferees note that they do not intend implementation
of this subtitle to have an adverse impact on the quantity or
quality of skilled local Iraqi personnel available to support
those operations. However, they also recognize that working for
the U.S. Government can prove to be a dangerous decision for
Iraqi nationals, and express appreciation to those Iraqis for
their contributions to the U.S. mission in that country.
Therefore, the conferees urge executive branch officials to:
consider the length and capacity of service when providing
preference in awarding special immigrant visas to Iraqi
citizens and nationals who have been working for the U.S.
Government; and consider giving higher priority in the
processing of refugee status to qualified applicants facing the
most immediate or severe risk of harm and Iraqi nationals whose
contracts with the U.S. Government constitute a significant
portion of their income since June 2003.
The conferees believe that the Secretary of State should
conduct the processing of refugees in Iraq with reasonable
consideration of the security situation. In addition, the
conferees recognize that the security situation might at times
adversely affect the ability of the U.S. Government to carry
out the necessary vetting requirements of Iraqi nationals
seeking entry into the United States under this subtitle.
Nonetheless, it remains critical that U.S. Government officials
perform the appropriate level of background checks and fulfill
other necessary vetting requirements for each Iraqi national
processed.
The conferees believe that the United States has a moral
responsibility to help those Iraqis who have helped the United
States and believe these provisions take a step toward meeting
that responsibility.
Finally, the conferees note that no assistance authorized
under this subtitle shall be provided to any person, agent,
instrumentality, representative, or official of a country that
is found to support international terrorism pursuant to the
Export Administration Act, the Arms Export Control Act, the
Foreign Assistance Act, or any other provision of law.
Subtitle D--Other Authorities and Limitations
Cooperative opportunities documents under cooperative research and
development agreements with NATO organizations and other allied
and friendly foreign countries (sec. 1251)
The House bill contained a provision (sec. 1241) that
would modify the timing of the preparation of cooperative
opportunities documents for acquisition programs and update the
terminology used in statute to describe the documents.
The Senate amendment contained a similar provision (sec.
1211).
The House recedes.
Extension and expansion of temporary authority to use acquisition and
cross-servicing agreements to lend military equipment for
personnel protection and survivability (sec. 1252)
The Senate amendment contained a provision (sec. 1212)
that would extend through September 30, 2008, the temporary
authority provided under section 1202 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364) for the Secretary of Defense to loan under
acquisition and cross-servicing agreements equipment for
personnel protection and survivability to foreign military
forces participating in combined operations with the United
States in Iraq and Afghanistan. The provision would also expand
to whom these loans of equipment may be made, to include
foreign military forces participating in combined operations
with the United States as part of a peacekeeping operation
under the United Nations Charter or another international
agreement.
The House bill contained no similar provision.
The House recedes.
The conferees emphasize that the authority for section
1202 is intended to permit the temporary loan of equipment to
foreign military forces that are participating in a specified
combined operation with the United States armed forces, for the
purpose of providing personnel protection or aiding in the
personnel survivability of such foreign military forces during
those operations. The conferees note that equipment loaned
under this authority may be used by the military forces of the
recipient country for not longer than 1 year, at which time the
equipment will be returned to the United States under the terms
of the acquisition and cross-servicing agreement between the
United States and the recipient country.
Acceptance of funds from the Government of Palau to defray expenditures
attendant to the operation of United States military Civic
Action Team in Palau (sec. 1253)
The Senate amendment contained a provision (sec. 1213)
that would amend section 1933(a) of title 48, United States
Code, to allow the Secretary of Defense to accept funds from
the Government of Palau to defray expenditures that the
Department of Defense makes in connection with the United
States military Civic Action Team in Palau.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Repeal of requirement relating to North Korea (sec. 1254)
The Senate amendment contained a provision (sec. 1217)
that would prohibit the Secretary of Defense from obligating or
expending any funds authorized to be appropriated under section
1207 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163) until the administration has fully
implemented section 1211 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364).
The House bill contained no similar provision.
The House recedes with an amendment that would repeal
subsection (a) of section 1211 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364).
The conferees note that section (a) of section 1211
mandated the appointment of a North Korea Policy Coordinator
because of the conferees' concern that the administration
lacked a coordinated approach to addressing the North Korean
nuclear threat. However, more recently, the conferees have
noted progress in the Six-Party Talks with North Korea, and are
satisfied that the Assistant Secretary of State for East Asian
and Pacific Affairs has sufficient authority in these
negotiations. Therefore, the conferees deem that the intent of
section 1211 (a) has been met.
Justice for Osama bin Laden and other leaders of al Qaeda (sec. 1255)
The Senate amendment contained a provision (sec. 1219)
that would authorize the Secretary of State to offer a reward
of $50.0 million for the capture, death, or information leading
to the capture or death of Osama bin Laden.
The Secretary of State and the Secretary of Defense, in
coordination with the Director of National Intelligence, shall
jointly submit to Congress, not later than 90 days after
enactment of this Act, and every 90 days thereafter, a report
on the progress made in bringing Osama bin Laden and other
leaders of al Qaeda to justice.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
report requirement to two reports: (1) the initial report due
90 days after enactment of this Act; and, (2) a report a year
later.
The conferees believe that a foremost objective of U.S.
counterterrorist policy should be protecting U.S. persons and
property by capturing or killing Osama bin Laden, and other
leaders of the al Qaeda network, and destroying the al Qaeda
network.
Extension of Counterproliferation Program Review Committee (sec. 1256)
The House bill contained a provision (sec. 1242) that
would extend the Counterproliferation Program Review Committee
(CPRC) established by section 1605 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 108-136)
through 2013. This provision would also add additional members
to the committee and change the requirement that the committee
submit a report annually to a biennial reporting requirement
with the first biennial report due on March 1, 2009 and each
odd-numbered year thereafter through 2013.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would limit the
new members of the CPRC to the Department of State and the
Department of Homeland Security and would require the first
biennial report to be submitted on May 1, 2009.
Sense of Congress on the Western Hemisphere Institute for Security
Cooperation (sec. 1257)
The House bill contained a provision (sec. 1243) that
would express the sense of Congress supporting the Department
of Defense's education and training facility, the Western
Hemisphere Institute for Security Cooperation.
The Senate amendment (sec. 1067) contained a similar
provision.
The Senate recedes with a technical amendment.
Sense of Congress on Iran (sec. 1258)
The Senate amendment contained a provision (sec. 1538)
that would state the sense of the Senate that Iran's Islamic
Revolutionary Guards Corps (IRGC) should be designated as a
foreign terrorist organization and placed on the list of
Specially Designated Global Terrorists established by the
International Emergency Economic Powers Act.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
that it is in the U.S. national interest that the Government of
Iran not use extremists in Iraq to subvert or co-opt the
institutions of the legitimate Government of Iraq.
The conferees are concerned by reports, including the
testimony to Congress in September 2007 of General David
Petraeus, Commander, Multi-National Forces, Iraq, and
Ambassador Ryan Crocker, U.S. Ambassador to Iraq, regarding
Iranian activity in Iraq that is harmful to the Iraqi state and
coalition forces in Iraq. The conferees strongly endorse the
administration's pursuit of a diplomatic approach to address
this Iranian threat. The conferees note that on October 25,
2007, the Department of State announced that it designated the
IRGC an entity of proliferation concern under Executive Order
13382, and the Department of the Treasury designated the IRGC's
Qods Force under Executive Order 13224 for providing material
support to the Taliban and other terrorist organizations.
Subtitle E--Reports
One-year extension of update on report on claims relating to the
bombing of the Labelle Discotheque (sec. 1261)
The Senate amendment contained a provision (sec. 1233)
that would provide for a 1-year extension of the requirement to
provide an update on the report on claims related to the
bombing of the Labelle Discotheque.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Report on United States policy toward Darfur, Sudan (sec. 1262)
The House bill contained a provision (sec. 1235) that
would require the Secretary of Defense to submit a report on
the operational status of the airfield located in Abeche, Chad.
The Senate amendment contained a similar provision (sec.
1235).
The House recedes with an amendment that would
incorporate elements of a report on U.S. policy toward Darfur,
Sudan that was in the Senate amendment (sec. 1234). The
amendment would also make other clarifying and technical
changes, and would repeal a similar reporting requirement on
the situation in Darfur, Sudan required by section 1227 of the
John Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364).
Inclusion of information on asymmetric capabilities in annual report on
military power of the People's Republic of China (sec. 1263)
The Senate amendment contained a provision (sec. 1236)
that would amend section 1202(b) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65) to
include information on asymmetric capabilities in the annual
report on the military power of the People's Republic of China.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Report on application of the Uniform Code of Military Justice to
civilians accompanying the armed forces during a time of
declared war or contingency operation (sec. 1264)
The Senate amendment contained a provision (sec. 1237)
that would require the Secretary of Defense to report to
Congress on the status of implementing a requirement to make
the Uniform Code of Military Justice applicable to military
contractors during a time of war or a contingency operation.
The House bill contained no similar provision.
The House recedes with an amendment that would specify
matters to be addressed in the report.
Report on family reunions between United States citizens and their
relatives in North Korea (sec. 1265)
The Senate amendment contained a provision (sec. 1238)
that would require the President to submit to Congress, not
later than 180 days after the date of enactment of this Act, a
report on family reunions between United States citizens and
their relatives in North Korea.
The House bill contained no similar provision.
The Senate recedes with an amendment that would modify
elements of the required report.
The conferees expect the report to include information
regarding what additional actions, if any, the President
considers desirable and feasible in order to facilitate safe
and transparent reunions of U.S. citizens and their relatives
in North Korea, wherever those reunions may take place.
The conferees support the ongoing Six-Party Talks with
North Korea and placing the priority on the de-nuclearization
of the Korean peninsula, but note that normalization, which
would encompass a number of issues, is also being addressed
within the talks.
Reports on prevention of mass atrocities (sec. 1266)
The Senate amendment contained a provision (sec. 1239)
that would require both the Secretary of State and the
Secretary of Defense to submit a report not later than 120 days
after the date of enactment of this Act, to the congressional
defense committees, the Committee on Foreign Relations of the
Senate, and the Committee on Foreign Affairs of the House of
Representatives assessing their respective capabilities to
provide training and guidance to the command of an
international intervention force that seeks to prevent mass
atrocities.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the report to be due 180 days after the date of enactment of
this Act.
Report on threats to the United States from ungoverned areas (sec.
1267)
The Senate amendment contained a provision (sec. 1042)
that would require the Secretary of Defense and the Secretary
of State, in coordination with the Director of National
Intelligence, to report on the threat posed to the United
States by ungoverned areas, especially as they relate to
terrorist groups and individuals who aim their activities at
the United States and its allies.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Legislative Provisions Not Adopted
Limitation on assistance to the Government of Thailand
The Senate amendment contained a provision (sec. 1215)
that would require the Secretary of Defense to notify the
Committees on Armed Services of the Senate and the House of
Representatives, the Senate Foreign Relations Committee, and
the House Foreign Affairs Committee 15 days prior to obligating
or expending funds to initiate any new types of military
assistance activities with Thailand.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the administration appears to
have conducted a judicious review of all ongoing assistance to
the Government of Thailand, and urge the administration to
apply a uniform standard when considering the provision of
military and other types of foreign assistance to that
Government.
The conferees also note that Thailand appears to be
making progress towards restoring civilian democracy in the
country via elections scheduled for December 2007, and urge the
current Government of Thailand to lift martial law countrywide
and take all necessary measures to ensure that the elections
are free and fair.
Presidential report on policy objectives and United States strategy
regarding Iran
The Senate amendment contained a provision (sec. 1216)
that would prohibit not more than 75 percent of the amount
authorized for the Office of the Under Secretary of Defense for
Policy from being obligated until the report required by
section 1213(b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364) is
submitted to Congress.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the report was submitted.
Report on Department of Defense efforts to build the capacity of the
Government of Iraq to carry out reconstruction activities in
Iraq
The House bill contained a provision (sec. 1223)
requiring the Secretary of Defense to submit a report to
Congress on efforts of the Department of Defense to build the
capacity of the Government of Iraq to carry out reconstruction
activities in Iraq.
The Senate amendment contained no similar provision.
The House recedes.
Sense of Congress on responsibilities of the Iraqi Council of Ministers
to enact laws to achieve political reform and diminish support
for the insurgency in Iraq
The House bill contained a provision (sec. 1226)
expressing the sense of Congress that the Iraqi Council of
Representatives should not recess for an extended period of
time without first making substantial progress toward enacting
certain laws, other legislation, and constitutional amendments.
The Senate amendment contained no similar provision.
The House recedes.
Report on planning and implementation of the United States engagement
and policy toward Darfur
The Senate amendment contained a provision (sec. 1234)
that would require a report on planning and implementation of
the United States engagement and policy toward Darfur.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that this reporting requirement has
been incorporated into another provision in title XII of this
act.
Report on progress of the Department of Defense's counternarcotics
program for Afghanistan
The House bill contained a provision (sec. 1233) that
would require the Secretary of Defense to submit to Congress,
not later than 90 days after the date of enactment of this Act,
a report on the progress of the Department of Defense's
counternarcotics program for Afghanistan.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that House section 1233 and the
counternarcotics component of Senate section 1231 were
reconciled and incorporated in a larger report on U.S. policy
in Afghanistan that is included in another provision of this
Act.
The conferees note with concern the administration's
renewed focus on aerial spraying as an option to be considered
by the Government of Afghanistan for non-negotiated forced
eradication of opium poppies. The conferees recommend that the
Secretary of Defense evaluate the potential consequences of
aerial spraying, including the impact on perceptions of the
Afghan population, and on achieving the larger strategic goals
of the U.S. military in Afghanistan.
Sense of Congress concerning the strategic military capabilities and
intentions of the People's Republic of China
The House bill contained a provision (sec. 1244) that
would express the sense of Congress concerning the strategic
military capabilities and intentions of the People's Republic
of China.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note China's continued investment in
strategic military capabilities that could be used to support
power projection and access denial operations beyond the Asia
Pacific region, and the lack of transparency surrounding the
strategic military capabilities and intentions relating to
China's military modernization. The Pentagon's 2006 Quadrennial
Defense Review Report (QDR) found that China is at a strategic
crossroads and that, ``of the major and emerging powers, China
has the greatest potential to compete militarily with the
United States.'' The conferees note that during the last year,
China demonstrated such potential, including the October 2006
broach of a Chinese SONG-class diesel-electric submarine in
close proximity to the USS Kitty Hawk aircraft carrier in
international waters and the January 2007 test of a direct
ascent anti-satellite missile against a Chinese weather
satellite in low-earth orbit.
The conferees encourage the Secretary of Defense to
expand efforts to develop an accurate assessment and
understanding of China's strategic military modernization and
strategic intentions, particularly with regard to its sea- and
space-based strategic capabilities.
Sense of Congress on the capture of Osama bin Laden and the al Qaeda
leadership
The Senate amendment contained a provision (sec. 1544)
that would express the sense of Congress that it should be the
policy of the United States Government that the foremost
objective of United States counterterrorist operations is to
protect United States persons and property from terrorist
attacks by capturing or killing Osama bin Laden, Ayman al-
Zawahiri, and other leaders of al Qaeda and destroying the al
Qaeda network.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the underlying concern motivating
this provision is addressed by another provision elsewhere in
this Act, and that the statement of managers accompanying that
provision contains the concerns expressed in the Senate
amendment.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Specification of Cooperative Threat Reduction programs and funds (sec.
1301)
The Senate amendment contained a provision (sec. 1301)
that would specify the Cooperative Threat Reduction programs
and funds.
The House bill contained a similar provision (sec. 1301).
The House recedes.
Funding allocations (sec. 1302)
The House bill contained a provision (sec. 1302) that
would authorize $398.0 million for the Cooperative Threat
Reduction (CTR) program. The provision would also authorize a
specific amount for each CTR program element, require
notification to Congress 30 days before the Secretary of
Defense obligates and expends fiscal year 2008 funds for
purposes other than those specifically authorized, and provide
limited authority to vary the individual CTR program amounts.
The authority to vary the amount of funds for three of the
program elements would be limited to increases of no more than
125 percent of the specific amount authorized. The Secretary
would be required to notify Congress 15 days in advance of
varying the amounts for any CTR program.
The Senate amendment contained a similar provision (sec.
1302) that would authorize $448.0 million for the CTR program;
would not include the 125 percent limit on the authority of the
Secretary to vary the amounts in the CTR program elements; and
would include the 15 day notification requirement.
The House recedes with an amendment that would authorize
$428.0 million for the CTR program, an increase of $80.0
million above the budget request. The conferees agree to
provide $10.0 million for new CTR initiatives outside the
former Soviet Union to support the new authority for such
initiatives provided elsewhere in this Act. The conferees agree
to provide $5.0 million for chemical weapons destruction in
Libya, and $1.0 million for chemical weapons destruction in
Shchuch'ye, Russia. In the event the Secretary is unable to use
all or part of the authorized funding in furtherance of this
new authority, the Secretary may use such funds for any other
CTR program elements after the required 15 day notification
period.
Specification of Cooperative Threat Reduction programs in states
outside the former Soviet Union (sec. 1303)
The Senate amendment contained a provision (sec. 1303)
that would amend section 1501 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201) to
permit the Department of Defense to conduct Cooperative Threat
Reduction programs outside the former Soviet Union (FSU). The
provision would specify the nature of the programs that could
be carried out.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
nature of the programs that could be carried out outside the
FSU and would include programs to facilitate safe and secure
transportation and storage of nuclear weapons, weapons
components and their delivery vehicles, and programs to expand
military-to-military and other defense contacts.
Repeal of restrictions on assistance to states of the former Soviet
Union for Cooperative Threat Reduction (sec. 1304)
The Senate amendment contained a provision (sec. 1305)
that would repeal certain provisions of the Soviet Nuclear
Threat Reduction Act of 1991 (Public Law 102-228), the
Cooperative Threat Reduction Act of 1993 (Public Law 103-160),
and section 1305 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65) that require a number of
annual certifications before any Cooperative Threat Reduction
funds may be obligated in any fiscal year. In addition, the
provision would repeal section 1303 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375), which authorized the President to waive the
annual certification requirements. The provision would also
clarify application of certain other provisions of law.
The House bill contained a similar provision (sec. 1305).
The House recedes.
Modification of authority to use Cooperative Threat Reduction funds
outside the former Soviet Union (sec. 1305)
The House bill contained a provision (sec. 1306) that
would amend section 1308 of the National Defense Authorization
Act for Fiscal Year 2004 (2004 NDAA) (Public Law 108-136).
Section 1308 authorizes the President to utilize the
Cooperative Threat Reduction (CTR) program funds for emergency
or other short-term projects outside the former Soviet Union
(FSU). The House provision would amend section 1308 to allow
the Secretary of Defense, with the concurrence of the Secretary
of State, to: utilize the CTR program funds for an emergency;
repeal the $50.0 million funding limitation on the amount that
could be obligated for an emergency; and require the Secretary
of Defense to notify Congress 15 days prior to exercising this
authority, unless such advance notification would severely
undermine the national security of the United States, in which
case the notification would be made within 10 days of
obligating CTR funds.
The Senate amendment contained a similar provision (sec.
1304) but would not repeal the $50.0 million funding limitation
and would not modify the notification requirements.
The Senate recedes with an amendment that would make
clarifying changes and would permit the Secretary of Defense
and the Secretary of State to notify Congress no later than 10
days after the funds were obligated.
The conferees note that prior to the enactment of the
2004 NDAA, CTR authority was limited to programs conducted in
the states of the FSU. Section 1308 of the 2004 NDAA provided
authority for the CTR program to address emergency or other
short-term projects outside the FSU. Elsewhere in this Act, the
conferees have included a provision that would provide new
authority for the CTR program to expand its programmatic
authority on a regular, non-emergency basis to states outside
the FSU. With this new authority, the utility of the section
1308 emergency authority may diminish. The conferees direct the
Secretary of Defense to submit, with the budget request for the
CTR program for fiscal year 2010, an assessment as to whether
there is a continued need for the emergency authority provided
by section 1308 of the 2004 NDAA.
New initiatives for the Cooperative Threat Reduction program (sec.
1306)
The House bill contained a provision (sec. 1303) that
would set forth the sense of Congress that the Department of
Defense (DOD) should expand and strengthen the Cooperative
Threat Reduction (CTR) program. This would include expansion of
the scope of CTR program activities within Russia and the
former Soviet Union (FSU) as well as in states outside the FSU,
including those in Asia and the Middle East, and specifically
on the Korean Peninsula. In addition, the provision would
require the Secretary of Defense to enter into an arrangement
with the National Academy of Sciences (NAS) under which the NAS
would conduct a study that would analyze possible options for
strengthening and expanding the CTR program and make related
recommendations. The provision would also require the Secretary
to develop and submit to Congress by March 31, 2008, a report
on the NAS study including the Secretary's assessment of the
study together with a specific action plan for new CTR
initiatives.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would make
clarifying changes and would focus the scope of the NAS study
on identification of threats that are most appropriately
addressed by the CTR program. In addition, the amendment would
allow additional time for both the NAS study and the report to
be prepared by the Secretary.
To ensure timely delivery of the study described in this
section, the conferees strongly urge all U.S. Government
departments or agencies that provide the NAS with access to
classified material for use in the study to complete promptly
any necessary classification reviews of the study or related
documents.
The conferees recognize that there are a wide variety of
global threats arising from the proliferation of nuclear,
chemical, and biological weapons and weapons-related materials,
technologies, and expertise. The conferees emphasize that
addressing these threats will require the resources of many
agencies of the United States Government, which in turn must be
well coordinated with other states and international entities
working in broad partnerships. The partnerships should also
focus on national programs that can be sustained in the long-
term.
The conferees expect that the NAS study and the
Secretary's report will provide an analysis of the threats that
could be addressed by the CTR program both within and outside
the FSU. The conferees hope that the NAS study will identify
potential opportunities for Russia and other states to work
together with the United States to establish deeper
partnerships to address these threats.
The conferees support strengthening and expanding, as
much as possible, the programs designed to address these
threats, including the CTR program. The CTR program is critical
to U.S. national security and should be a top priority.
Significant progress has been made over the last 10 years, but
much remains to be done. The conferees believe the CTR program
would benefit from additional funding to support new and
expanded activities both within and outside the FSU. Elsewhere
in this Act, the conferees have included a number of provisions
and additional funding for the CTR program to ensure that
wherever possible, actions are taken to address threats
involving nuclear, chemical, and biological weapons and
weapons-related materials, technologies, and expertise.
Report relating to chemical weapons destruction at Shchuch'ye, Russia
(sec. 1307)
The House bill contained a provision (sec. 1304) that
would require the Secretary of Defense to notify the
congressional defense committees within 30 days of the
commencement of negotiations on, or the signing or finalization
of, an agreement with the Russian Federation that would change
implementation of the Shchuch'ye chemical weapons destruction
project, under the Cooperative Threat Reduction (CTR) program,
in any manner inconsistent with the purpose and intent of the
amounts authorized and appropriated for the project. The
provision would also require the Secretary to submit a report
to the congressional defense committees on the Shchuch'ye
chemical weapons destruction project, setting forth a current
and detailed cost estimate for project completion and a
specific strategic and operating plan for project completion,
which includes contractual arrangements, plans for project
management and oversight, quality assurance and sustainability
measures, metrics for measuring project progress, coordination
plans, and a project completion date. In addition, the
provision would prohibit the Secretary from implementing any
new or modified agreement with Russia relating to the
Shchuch'ye project, as described in the provision, until 90
days after the report and the signed and finalized agreement
have been submitted to the congressional defense committees,
and the Secretary makes a series of certifications with respect
to the project.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary to submit a report to the congressional defense
committees only on the Shchuch'ye chemical weapons destruction
project. This report would include: a current and detailed cost
estimate for project completion; and a specific strategic and
operating plan for project completion setting forth plans for
project management and oversight, quality assurance and
sustainability measures, metrics for measuring project
progress, and a projected project completion date. This report
would be due no later than 90 days after the date of enactment
of this Act.
The conferees believe that completion of the chemical
weapons destruction project at Shchuch'ye, Russia, should be a
high priority for the CTR program and urge the Secretary to
take necessary steps to ensure that the facility is adequately
supported so that it can begin to destroy the stockpile of
Russian chemical weapons as soon as possible.
National Academy of Sciences study of prevention of proliferation of
biological weapons (sec. 1308)
The Senate amendment contained a provision (sec. 1306)
that would require the Secretary of Defense to enter into an
arrangement with the National Academy of Sciences (NAS) under
which the NAS would carry out a study to identify areas for
cooperation with states outside the former Soviet Union under
the Cooperative Threat Reduction program to prevent the
proliferation of biological weapons and dual-use materials. The
provision would also require the Secretary to submit a report
on the NAS study, including the Secretary's assessment of the
NAS report and any actions the Secretary plans to take to
implement its recommendations, to the Committees on Armed
Services of the Senate and the House of Representatives on
December 31, 2008.
The House bill contained no similar provision.
The House recedes with an amendment that would make
clarifying changes and would modify the reporting requirement
so that the Secretary's report would be provided to Congress 90
days after receipt of the NAS report.
To ensure timely delivery of the study described in this
section, the conferees strongly urge all U.S. Government
departments or agencies that provide the NAS with access to
classified material for use in the study to complete promptly
any necessary classification reviews of the study or related
documents.
Legislative Provision Not Adopted
Clarification of amounts for Cooperative Threat Reduction programs
The House bill contained a provision (sec. 1307) that
would increase the amounts for the Cooperative Threat Reduction
program by $480,000.
The Senate amendment contained no similar provision.
The House recedes.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Summary and explanation of tables
This title contains funding authorizations for working
capital and revolving funds, the National Defense Sealift Fund,
the Defense Health Program, the destruction of chemical
munitions, drug interdiction and counterdrug activities, and
funding for the Department of Defense Inspector General and
other programs which contain elements of more than one type of
traditional funding account (such as procurement or operation
and maintenance) inside a single account.
The conference agreement also includes funding for a
Strategic Readiness Fund which was included in title XVII of
the House bill and is included in title XIV of the conference
agreement.
This title includes legislative proposals regarding the
national defense stockpile, and authorizes trust fund
expenditures for the Armed Forces Retirement Home, which is a
Department of Defense civil program funded outside the national
defense budget function.
The following tables provide the program-level detailed
guidance for the funding authorized in title XIV of this Act.
The tables also display the funding requested by the
administration in the fiscal year 2008 budget request for these
programs, and indicate those programs for which the conferees
either increased or decreased the requested amounts. Unless
noted in this report, funding changes to the budget request are
made without prejudice.
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Working capital funds (sec. 1401)
The House bill contained a provision (sec. 302) that
would authorize fiscal year 2008 funds for Defense Working
Capital Funds and the National Defense Sealift Fund.
The Senate amendment contained a similar provision for
working capital funds (sec. 1401).
The conference agreement includes this provision.
National Defense Sealift Fund (sec. 1402)
The House bill contained a provision (sec. 302) that
would authorize fiscal year 2008 funds for the National Defense
Sealift Fund and for working capital funds.
The Senate amendment contained a similar provision
authorizing appropriations for the National Defense Sealift
Fund (sec. 1402).
The conference agreement includes this provision.
Defense Health Program (sec. 1403)
The House bill contained a provision (sec. 303) that
would authorize fiscal year 2008 funds for the Defense Health
Program and other programs.
The Senate amendment contained a similar provision
authorizing appropriations for the Defense Health Program (sec.
1403).
The conference agreement includes this provision.
Chemical agents and munitions destruction, Defense (sec. 1404)
The House bill contained a provision (sec. 303) that
would authorize fiscal year 2008 funds for chemical agents and
munitions destruction and other programs.
The Senate amendment contained a similar provision
authorizing appropriations for chemical agents and munitions
destruction (sec. 1404).
The conference agreement includes this provision.
Drug Interdiction and Counter-Drug Activities, Defense-wide (sec. 1405)
The House bill contained a provision (sec. 303) that
would authorize fiscal year 2008 funds for drug interdiction
and counterdrug activities and other programs.
The Senate amendment contained a similar provision
authorizing appropriations for drug interdiction and
counterdrug activities (sec. 1405).
The conference agreement includes this provision.
Defense Inspector General (sec. 1406)
The House bill contained a provision (sec. 303) that
would authorize fiscal year 2008 funds for the Department of
Defense Inspector General and other programs.
The Senate amendment contained a similar provision
authorizing appropriations for the Inspector General (sec.
1406).
The conference agreement includes this provision.
Subtitle B--National Defense Stockpile
Authorized uses of National Defense Stockpile funds (sec. 1411)
The House bill contained a provision (sec. 3301) that
would authorize the use of funds from the National Defense
Stockpile Transaction Fund for the operation and maintenance of
the National Defense Stockpile for fiscal year 2008.
The Senate amendment contained no similar provision.
The Senate recedes.
Revisions to required receipt objectives for previously authorized
disposals from the National Defense Stockpile (sec. 1412)
The House bill contained a provision (sec. 3302) that
would authorize revisions on limitations in asset sales from
the National Defense Stockpile.
The Senate amendment contained a similar provision (sec.
1413).
The Senate recedes with an amendment that would amend
section 3402(b) of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65) to increase the Department
of Defense's stockpile commodity disposal authority from $600.0
million to $710.0 million. The Senate amendment would further
amend section 3303(a) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261), as
amended by section 3302 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375), and section 3302(a) of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163) to increase the
Department's disposal authority from $1,016.0 million to
$1,066.0 million.
Disposal of ferromanganese (sec. 1413)
The Senate amendment contained a provision (sec. 1411)
that would require the Secretary of Defense to certify that
disposal of ferromanganese from the National Defense Stockpile
above 50,000 and 75,000 tons in fiscal year 2008 is in the
national defense interest, will not disrupt markets, and is
consistent with stockpile requirements. The Senate amendment
would also require the Department of Defense to wait 30 days
after certification before disposing of additional
ferromangangese.
The House bill contained no similar provision.
The House recedes with an amendment that would allow for
certification when the Department has contracts for 50,000 and
75,000 tons and would eliminate the 30-day wait period.
Disposal of chrome metal (sec. 1414)
The Senate amendment contained a provision (sec. 1412)
that would require the Secretary of Defense to certify that
disposal of chrome metal from the National Defense Stockpile
above 500 and 750 short tons in fiscal year 2008 is in the
national defense interest, will not disrupt markets, and is
consistent with stockpile requirements. The Senate amendment
would also require the Department of Defense to wait 30 days
after certification before disposing of additional chrome
metal.
The House bill contained no similar provision.
The House recedes.
Subtitle C--Armed Forces Retirement Home
Authorization of appropriations for Armed Forces Retirement Home (sec.
1421)
The House bill contained a provision (sec. 422) that
would authorize $61.6 million to be appropriated for fiscal
year 2008 from the Armed Forces Retirement Home Trust Fund for
operation of the Armed Forces Retirement Home.
The Senate amendment contained an identical provision
(sec. 1421).
The conference agreement includes this provision.
Administration and oversight of the Armed Forces Retirement Home (sec.
1422)
The Senate amendment contained a provision (sec. 1422)
that would amend the Armed Forces Retirement Home Act of 1991
to require: (1) treatment of the Armed Forces Retirement Home
as a military facility of the Department of Defense for the
purpose of entering into contracts, agreements, or transactions
regarding real property; (2) accreditation by a nationally
recognized civilian accrediting organization for each aspect of
each facility of the Retirement Home; (3) appointment of a
Chief Medical Officer of the Retirement Home; and (4) the
Inspector General of the Department of Defense to inspect the
Retirement Home every 2 years.
The House bill contained no similar provision.
The House recedes with an amendment that would: (1)
provide that the administration of the Retirement Home remains
under the direct authority, control, and administration of the
Secretary of Defense, (2) require the Secretary of Defense to
designate the Deputy Director of the TRICARE Management
Activity to serve as the senior medical advisor for the
Retirement Home; and (3) require the Inspector General of the
Department of Defense to inspect the Retirement Home in any
year in which a facility of the Retirement Home is not
inspected by a nationally recognized civilian accrediting
organization. The amendment deleted the requirement that the
Retirement Home be treated as a military facility of the
Department of Defense for the purpose of entering into
contracts, agreements, or transactions regarding real property.
Legislative Provisions Not Adopted
Additional amount for drug interdiction and counterdrug activities with
respect to Afghanistan
The Senate amendment contained a provision (sec. 1405A)
that would transfer funding for drug interdiction and
counterdrug activities in Afghanistan between titles of this
Act.
The House bill contained no similar provision.
The Senate recedes.
The conference outcome is reflected in the tables of this
report.
Reduction in certain authorizations due to savings from lower inflation
The Senate amendment contained a provision (sec. 1407)
that would reduce the amounts authorized in Division A of this
Act by $1.6 billion to bring the inflation assumptions
applicable to purchases by the Department of Defense for fiscal
year 2008 in line with the economic assumptions previously
adopted by Congress in the budget resolution for fiscal year
2008.
The House bill contained no similar provision.
The Senate recedes.
Pilot program to establish an Army Wounded Warrior battalion at an
appropriate active duty base
The House bill contained a provision (sec. 1419) that
would require the Secretary of the Army to establish a pilot
program, known as the Army Wounded Warrior Program, based on
the Wounded Warrior Regiment program of the Marine Corps.
The Senate amendment contained no similar provision.
The House recedes.
The conferrees are aware that the Army has already
established Warrior Transition Units that are similar in
function to the Marine Wounded Warrior Regiment program.
Establishment of medical support fund for support of members of the
armed forces returning to military service or civilian life
The House bill contained a provision (sec. 1422) that
would require the establishment of a medical support fund on
the books of the Treasury to support programs and activities
relating to the medical treatment, care, rehabilitation,
recovery, and support of wounded and injured service members
and their families, and authorized $50.0 million for the fund.
The Senate amendment contained no similar provision.
The House recedes.
Oversight Board for Wounded Warriors
The House bill contained a provision (sec. 1423) that
would require the establishment of a 12 member board to be
known as the Oversight Board for Wounded Warriors to provide
oversight of medical care, quality of life, administrative
processing, and family programs supporting wounded warriors and
to provide advice and counsel to Congress and the Department of
Defense about how the programs can be made more efficient and
effective.
The Senate amendment contained no similar provision.
The House recedes.
Study and report of waiting periods for appointments at Department of
Veterans Affairs medical facilities
The House bill contained a provision (sec. 1438) that
would require the Secretary of Veterans Affairs to conduct a
study on the average length of time between the desired date
for which a veteran seeks to schedule an appointment for health
care at a Department of Veterans Affairs medical facility and
the date on which such appointment is completed.
The Senate amendment contained no similar provision.
The House recedes.
Increase in physicians at hospitals of the Department of Veterans
Affairs
The House bill contained a provision (sec. 1453) that
would require the Secretary of Veterans Affairs to increase the
number of resident physicians at hospitals of the Department of
Veterans Affairs.
The Senate amendment contained no similar provision.
The House recedes.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION
IRAQI FREEDOM AND OPERATION ENDURING FREEDOM
Overview
The President's budget as submitted in February requested
$141.7 billion in emergency funding for the Department of
Defense for Operation Iraqi Freedom (OIF), Operation Enduring
Freedom (OEF), and for other purposes, including some of the
``grow the force'' costs of increasing Army and Marine Corps
active-duty personnel levels. The Concurrent Resolution on the
Budget for Fiscal Year 2008 fully funded this amount.
After the House and Senate bills had been reported, and
the Concurrent Resolution on the Budget had been adopted, the
President submitted two additional budget amendments. On July
31, 2007, the President requested an additional $5.3 billion
for Mine-Resistant Ambush Protected (MRAP) vehicles. On October
22, 2007, the President requested an additional $42.3 billion
for operations in Iraq and Afghanistan and for other purposes,
bringing the total requested for war-related purposes for
fiscal year 2008 to $189.3 billion.
The summary table and detailed tables that follow
summarize the funding requested in February, July, and October
as emergency spending for these operations, together with the
conferee's actions on these requests. Funding for Department of
Defense operations in Iraq and Afghanistan, with the exception
of funding for military construction projects to support these
operations, is included in title XV of this Act. Funding for
military construction projects in Iraq and Afghanistan is
included in title XXIX of this Act.
Explanation of Tables
Explanation of tables
The following tables provide the program-level detailed
guidance for the funding authorized in title XV of this Act.
The tables also display the funding requested by the
administration in the fiscal year 2008 budget request for war-
related programs, and indicate those programs for which the
conferees either increased or decreased the requested amounts.
Unless noted in this report, funding changes to the budget
request are made without prejudice.
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Legislative Provisions Adopted
Purpose (sec. 1501)
The House bill contained a provision (sec. 1501) that
would state the purpose of the funds provided in this title and
would also state a policy with respect to the provision of such
funds.
The Senate amendment contained a similar provision (sec.
1521).
The Senate recedes with an amendment to delete the
statement of policy.
Army procurement (sec. 1502)
The House bill contained a provision (sec. 1502) that
would authorize additional fiscal year 2008 funds for Army
procurement to support operations in Iraq and Afghanistan.
The Senate amendment contained a similar provision (sec.
1501).
The conference agreement includes this provision.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
Navy and Marine Corps procurement (sec. 1503)
The House bill contained a provision (sec. 1503) that
would authorize additional fiscal year 2008 funds for Navy and
Marine Corps procurement to support operations in Iraq and
Afghanistan.
The Senate amendment contained a similar provision (sec.
1502).
The conference agreement includes this provision.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
Air Force procurement (sec. 1504)
The House bill contained a provision (sec. 1504) that
would authorize additional fiscal year 2008 funds for Air Force
procurement to support operations in Iraq and Afghanistan.
The Senate amendment contained a similar provision (sec.
1503).
The conference agreement includes this provision.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
Joint Improvised Explosive Device Defeat Fund (sec. 1505)
The House bill contained a provision (sec. 1505) that
would authorize additional fiscal year 2008 funds for the Joint
Improvised Explosive Device Defeat Fund to support operations
in Iraq and Afghanistan.
The Senate amendment contained a similar provision (sec.
1510).
The conference agreement includes this provision.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
Defense-wide activities procurement (sec. 1506)
The House bill contained a provision (sec. 1506) that
would authorize additional fiscal year 2008 funds for defense-
wide procurement to support operations in Iraq and Afghanistan.
The Senate amendment contained a similar provision (sec.
1504).
The conference agreement includes this provision.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
Research, Development, Test, and Evaluation (sec. 1507)
The House bill contained a provision (sec. 1507) that
would authorize additional fiscal year 2008 funds for Research,
Development, Test, and Evaluation to support operations in Iraq
and Afghanistan.
The Senate amendment contained a similar provision (sec.
1505).
The conference agreement includes this provision.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
Operation and maintenance (sec. 1508)
The House bill contained a provision (sec. 1508) that
would authorize additional fiscal year 2008 funds for operation
and maintenance programs.
The Senate amendment contained a similar provision (sec.
1506).
The conference agreement includes this provision.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
Working capital funds (sec. 1509)
The House bill contained a provision (sec. 1509) that
would authorize additional fiscal year 2008 funds for Defense
Working Capital Funds and the National Defense Sealift Fund to
support operations in Iraq and Afghanistan.
The Senate amendment contained a similar provision for
working capital funds (sec. 1514) and for the National Defense
Sealift Fund (sec. 1515).
The conference agreement includes this provision.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
Other Department of Defense programs (sec. 1510)
The House bill contained a provision (sec. 1510) that
would authorize additional fiscal year 2008 funds for the
Defense Health Program, drug interdiction and counterdrug
activities, and the Inspector General to support operations in
Iraq and Afghanistan.
The Senate amendment contained similar separate
provisions (secs. 1508, 1509, and 1516) for these programs.
The conference agreement includes this provision.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
Iraq Freedom Fund (sec. 1511)
The House bill contained a provision (sec. 1511) that
would authorize additional fiscal year 2008 funds for the Iraq
Freedom Fund.
The Senate amendment contained a similar provision (sec.
1513).
The conference agreement includes this provision.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
Iraq Security Forces Fund (sec. 1512)
The House bill contained a provision (sec. 1512) that
would authorize additional fiscal year 2008 funds for the Iraq
Security Forces Fund.
The Senate amendment contained a similar provision (sec.
1511).
The House recedes with an amendment that would require
notification to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives of any contributions to this fund from foreign
governments or other outside entities.
Afghanistan Security Forces Fund (sec. 1513)
The House bill contained a provision (sec. 1513) that
would authorize additional fiscal year 2008 funds for the Iraq
Security Forces Fund.
The Senate amendment contained a similar provision (sec.
1512).
The House recedes with an amendment that would require
notification to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives of any contributions to this fund from foreign
governments or other outside entities.
Military personnel (sec. 1514)
The House bill contained a provision (sec. 1514) that
would authorize additional fiscal year 2008 funds for active
and reserve component military personnel programs to support
operations in Iraq and Afghanistan.
The Senate amendment contained a similar provision (sec.
1507).
The conference agreement includes this provision.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
[Addition in millions of dollars]
Yellow Ribbon Reintegration Program 73.0
Strategic Readiness Fund (sec. 1515)
The House bill contained a provision (sec. 1708) that
would authorize $1.0 billion for a Strategic Readiness Fund.
The Senate amendment contained no similar provision.
The Senate recedes.
Treatment as additional authorizations (sec. 1516)
The House bill contained a provision (sec. 1518) that
would state that the amounts authorized to be appropriated in
title XV of this Act are in addition to any other amounts
authorized in this Act.
The Senate amendment contained an identical provision
(sec. 1522).
The conference agreement includes this provision.
Special transfer authority (sec. 1517)
The Senate amendment included a provision (sec. 1523)
that would authorize the transfer of up to $3.5 billion of war-
related funding authorizations in this title among the accounts
in this title. This special transfer authority is in addition
to the general transfer authority contained in section 1001 of
this Act, but the same reprogramming procedures applicable to
transfers under section 1001 would also apply to transfers
under this section.
The House bill contained no similar provision.
The House recedes.
Budget Items
Army tactical radio modernization plans
The budget request included $2.3 billion in Other
Procurement, Army for single channel ground and airborne radios
(SINCGARS).
The House bill would decrease this amount by $754.0
million.
The Senate bill would decrease this amount by $375.0
million.
The conference outcome is reflected in the tables of this
report in Other Procurement, Army, line 34.
The conferees strongly support the goal of providing more
communications capability to all echelons of the Army. Based on
current operational experience, it is clear to the conferees
that in order to maintain the Army's current dominance in land
warfare, the Army must significantly increase its tactical
communications capability.
While the conferees are supportive of the overall effort
to improve Army communications and properly equip near-term
deploying units, the conferees believe that the Army's long-
term tactical modernization plan lacks sufficient analysis of
future Army communications needs, is not synchronized with
other Army and Department of Defense programs, and does not
account for future Army modernization funding projections.
Specifically, the conferees are concerned that the Army's
continued desire to procure thousands more SINCGARS radios is
not consistent with the Army's plan for a future battlefield
network that requires: dramatic increases in bandwidth for data
transmission; significantly better network security; more
flexible systems that can operate across a wider electronic
spectrum; and systems that increase joint and coalition
interoperability.
In addition, the conferees note that the Army continues
to request funding for SINCGARS radios in spite of an Army
Science Board study that recommended the Army stop SINCGARS
procurement and that the Army cannot execute the full amount of
SINCGARS funding requested due to limited production capacity.
Further, the conferees are concerned that the Army's plans for
continued SINCGARS radio procurement do not fully address the
National Security Agency's goals for encryption modernization
and are inconsistent with the Marine Corps decision to cease
procurement of SINCGARS radios.
The conferees also believe that the Army's plan to
acquire additional legacy tactical radios is not aligned with
the goals of the Joint Tactical Radio System (JTRS) program.
The conferees are concerned that the acquisition of thousands
more SINCGARS radios will seriously undermine the Army's
investment in the JTRS program. By reducing its future demand
for the more capable JTRS radio, the Army will significantly
increase the unit cost of JTRS systems for the Army and other
services. Finally, the conferees note that the Army's plan to
continue procurement of thousands of SINCGARS radios will
impede efforts of the JTRS program to move the military
services toward a standards-based acquisition model for
tactical radios that encourages competition and avoids sole-
source production dependency.
The conferees urge the Army and the Assistant Secretary
of Defense for Networks and Information Integration (ASD(NII))
to reexamine the Army's current tactical radio modernization
plan. Specifically, the conferees strongly encourage the Army
and ASD (NII) to develop a strategy for tactical radio
modernization that focuses on the future. The conferees
strongly support continued research and development investments
in the JTRS program. However, the conferees understand that
JTRS will not be available in large numbers for several more
years and that the Army's plan for procurement of JTRS radios
is not fully defined.
In the interim, the conferees agree that the Army should
invest in a limited number of tactical radio systems that meet
JTRS Software Communications Architecture (SCA) standards, and
provide improvements in bandwidth capacity, programmable
encryption, spectrum flexibility, and interoperability
necessary for the Army to realize its future battlefield
network plan. The conferees believe that over-investment in
legacy systems will not give the Army flexibility to properly
integrate JTRS radios and build its future network. If the Army
procures any additional legacy radio systems prior to the
fielding of the JTRS radio, it should only procure the minimum
number needed to fill urgent short-term needs for deploying
units. As it makes these limited investments, the conferees
encourage the Army to avoid new or extended, long-term sole-
source tactical radio procurement contracts that may limit the
Army's options in the future.
Blast injury research
Blast injury from improvised explosive devices (IEDs)
continues to be the most significant cause of American
casualties in Iraq. The conferees are concerned that the
Department of Defense has not appropriately allocated resources
provided for the defeat of IEDs to the full range of efforts
necessary to defeat the IED threat, including much needed
research and training on the prevention, mitigation, and
treatment of blast injuries. Section 256 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163) established a Department of Defense-wide program to
prevent, mitigate, and treat blast injuries. The conferees
expect that the Joint Improvised Explosive Device Defeat Office
(JIEDDO), in accordance with the 2006 Act, will be a partner in
the Department-wide efforts to coordinate, manage, and fund
research efforts for medical blast research.
To support these efforts, the conferees direct that
JIEDDO fund, through interagency transfer of resources as
appropriate, blast-related research, training, and programmatic
activities which have been identified as high priorities by the
DOD executive agent and the centers of excellence established
under section 1621 of this Act, at a level of not less than
$50.0 million in fiscal year 2008. These include, but are not
limited to: research and development of diagnostics, training,
and treatment for traumatic brain injury and post-traumatic
stress disorder; collection, storage, and integration of
operational, medical, and protective equipment performance data
associated with wounding and non-wounding events; body surface
wound mapping for investigation of wounding patterns to be
included in body armor design; research and training to prevent
traumatic eye injury and cranial-facial injury; research to
enhance prevention, healing, and quality of life relating to
burns; advanced prosthetics; and enhanced research on
hemorrhage control.
Further, the conferees direct JIEDDO to report to the
congressional defense committees on the actions taken,
including funding, to fulfill these requirements, no later than
March 1, 2008.
Grow the force transfer
The budget request for the global war on terror included
$689.4 million in Operation and Maintenance, Army (OMA) to fund
the planned growth of the Army's end strength for fiscal year
2008.
The House bill would authorize $689.4 million in OMA of
title XV.
The Senate amendment would authorize $689.4 million in
OMA of title III.
The conferees agree to authorize $689.4 for growth of the
Army's end strength in OMA of title XV of this Act.
Items of Special Interest
Reactive armor for EFP protection
The amended budget request for the war-related budget
includes $27.5 million in PE 62618A for ballistics technology.
Of that amount, $20.0 million is for development of armor
capable of countering explosively formed projectiles (EFPs).
The conferees understand that reactive armor technology
may provide an effective solution at lower weight than existing
designs. Furthermore, modeling and design tools are available
that would allow a candidate reactive armor system to be
designed and evaluated rapidly, followed by fabrication and
testing. The conferees direct that the Under Secretary of
Defense for Acquisition, Technology, and Logistics (USD(AT&L))
ensure that the Army and the Joint Improvised Explosive Defeat
Organization conduct a robust technology analysis as rapidly as
possible to determine whether reactive armor would provide
superior protection against EFPs and to determine the potential
for weight reduction with a longer-term effort to optimize the
reactive armor system. The conferees direct the USD(AT&L) to
inform the congressional defense committees by letter within 60
days of enactment of this Act of his findings and plans on this
matter.
Legislative Provision Not Adopted
Improvised explosive device protection for military vehicles
The Senate amendment contained a provision (sec. 1543)
that would authorize $23.6 billion for the procurement of mine
resistant ambush protected military vehicles.
The House bill contained no similar provision.
The Senate recedes.
The conference outcome is reflected in the tables of this
report in Other Procurement, Army, line 9a.
Reports on mitigation of effects of explosively formed projectiles and
mines
The Senate amendment contained a provision (sec. 1517)
that would require the Secretary of Defense to submit to the
congressional defense committees reports on four items: (1)
explosively formed projectiles (EFPs); (2) Mine Resistant
Ambush Protected (MRAP) vehicles; (3) tactical wheeled vehicle
strategy; and (4) long-term armoring strategy.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Under Secretary of Defense for
Acquisition, Technology, and Logistics to report to the
congressional defense committees no later than 120 days after
enactment of this Act, on the following items: (1) a plan for
improving capabilities to mitigate the effects of EFPs; (2)
plans for armor upgrades, and their impact on system
performance and sustainment; (3) the impact of the MRAP vehicle
program on the current acquisition strategies and procurement
plans of the Army and Marine Corps for the tactical wheeled
vehicle fleet, including inventory mix, overall sustainment
cost, and logistical and industrial base issues; and (4) plans
for the Joint Light Tactical Vehicle program, including an
assessment of the continued validity of previously adopted key
performance parameters.
The conferees note that the MRAP has been designated the
Department's highest acquisition priority by the Secretary of
Defense. The conferees believe this designation is appropriate
and will continue to work with the Department to ensure this
critical force protection program is adequately funded. The
conferees urge the Department to protect to the maximum extent
possible the current engineering and technology of the MRAP
vehicle, as well as subsequent improvements to the
survivability of MRAP vehicles. Further, the conferees note
that the MRAP is not the final solution to combat the
improvised explosive devices and other asymmetric threats to
tactical vehicles faced by the warfighter in Iraq and
Afghanistan, and the conferees urge the Department to be ready
to respond quickly as these threats evolve.
TITLE XVI--WOUNDED WARRIOR MATTERS
Wounded Warrior Act--Overview
``The willingness with which our young people are likely
to serve in any war, no matter how justified, shall be directly
proportional as to how they perceive the Veterans of earlier
wars were treated and appreciated by their country.''--General
and President George Washington 1789
In fulfillment of President Washington's vision, American
soldiers, sailors, airmen, and marines receive the finest
medical care available in the world. Through advances in
medicine and battlefield care, the U.S. military has achieved
the lowest war mortality rate in history in Operation Iraqi
Freedom and Operation Enduring Freedom. An Independent Review
Group appointed by Secretary of Defense Robert Gates to
investigate inadequacies at Walter Reed Army Medical Center in
February 2007 confirmed that, ``. . . the evolution of rapid
joint battlefield medical response, rapid evacuation with
intensive care, quality air transportation, and unsurpassed
trauma care have yielded unprecedented survival rates for our
combat forces.''
Yet despite this remarkable record of accomplishment,
reports beginning on February 18, 2007 by the Washington Post
illuminated inadequacies and failures at Walter Reed Army
Medical Center. Subsequent independent investigations and
hearings by congressional committees revealed the need for
system-wide improvements in outpatient care, transition of
recovering service members between the Department of Defense
and Department of Veterans Affairs health care systems, and
performance of the Departments' physical disability evaluation
systems. In addition, as a consequence of improved battlefield
care, increasing numbers of service members are surviving with
complex, multiple injuries, traumatic brain injury, post-
traumatic stress disorder, and other mental health conditions.
Following the revelations at Walter Reed, both the House
of Representatives and the Senate adopted bills to improve the
management of medical care, disability evaluations, personnel
actions, and quality of life for members of the armed forces
recovering from illness or injury received during the war. On
March 28, 2007, the House of Representatives adopted the
``Wounded Warrior Assistance Act of 2007''. The Senate adopted
the ``Dignified Treatment of Wounded Warriors Act'' on July 25,
2007.
This conference report includes provisions from each
bill. Taken as a whole, it advances the care, management, and
transition of recovering service members, enhances health care
and benefits for families, and begins the process of
fundamental reform of the Department of Defense and Department
of Veterans Affairs disability evaluation systems. The
conference report is the result of bipartisan efforts in the
Senate and the House of Representatives by both the Committees
on Armed Services and the Committees on Veterans Affairs. It
also includes, in particular, many recommendations of the
President's Commission on Care for America's Returning Wounded
Warriors.
In completing its work on the National Defense
Authorization Act for 2008, the conferees express deep
gratitude to U.S. service members and their families for their
sacrifice and courage in service to their country. We are
grateful for the work of outstanding medical personnel whose
skill and dedication have saved or prolonged the lives of more
than 30,000 service members who, as of this date, have
benefitted from their care.
The conferees acknowledge that additional work remains to
be done in order to achieve permanent improvements for wounded
and ill service members. The conferees are committed to
continued progress toward that goal, through oversight of
actions now underway within the executive branch, consideration
of findings of public and independent organizations, dialogue
with recovering service members and their families, and
enactment of additional laws as they are needed.
Together with all who share the goal of improving care
for ill and injured service members and veterans, we will work
to achieve the vision of our Nation's founders--to manifest not
only appreciation and gratitude toward those who have borne the
battle, but also to provide the highest quality care to U.S.
service members and their families.
Short title (sec. 1601)
The Senate amendment contained a provision (sec. 1601)
that would provide that this title may be cited as the
``Dignified Treatment of Wounded Warriors Act''.
The House bill contained no similar provision.
The House recedes with an amendment that would provide
that this title may be cited as the ``Wounded Warrior Act''.
General definitions (sec. 1602)
The House bill contained a provision (sec 1401) that
would define terms used in the title on wounded warrior
assistance.
The Senate amendment contained a provision (sec. 1602)
that would define the terms used in the Dignified Treatment of
Wounded Warriors Act.
The House recedes with an amendment that would define
terms used in the Wounded Warrior Act.
Consideration of gender-specific needs of recovering service members
and veterans (sec. 1603)
The Senate amendment contained a provision (sec. 1612)
that would require the Secretary of Defense and the Secretary
of Veterans Affairs to take into account and fully address any
unique specific needs of women members of the armed forces and
women veterans in developing and implementing a comprehensive
policy on care, management, and transition of members of the
armed forces with serious injuries or illnesses.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense and the Secretary of Veterans Affairs
to take into account and fully address any unique gender-
specific needs of recovering service members and veterans when
developing and implementing the policy required by the Wounded
Warrior Act.
Subtitle A--Policy on Improvements to Care, Management, and Transition
of Recovering Service Members
Comprehensive policy on improvements to care, management, and
transition of recovering service members (sec. 1611)
The House bill contained a series of provisions that
would make improvements to medical and dental care for members
of the armed forces assigned to hospitals in an outpatient
basis.
The House bill contained a provision (sec. 1411) that
would amend chapter 55 of title 10, United States Code, to
establish requirements for the duties, training, supervision,
and workload of medical care case managers and service member
advocates. The provision would also require the secretary
concerned to conduct semiannual surveys of members in an
outpatient status.
The House bill contained a provision (sec. 1418) that
would require the Secretary of Defense to report to appropriate
congressional committees on recommendations to improve training
provided to health care professionals, medical care case
managers, and service member advocates, in particular to ensure
that such personnel were adequately trained to detect the early
warning signs of post-traumatic stress disorder, suicidal or
homicidal thoughts or behaviors, and other behavioral health
conditions. The provision would require an annual review of
such training, and development of a system to track any
notifications made by care managers regarding the early warning
signs of post-traumatic stress disorder.
The House bill contained a provision (sec. 1424) that
would require the Secretary of Defense to expand the
opportunities for recovering service members of the reserve
components in an outpatient status to receive care at a
military treatment facility closest to the member's home,
rather than closest to the base from which the member was
deployed.
The House bill contained a provision (sec. 1437) that
would require the Secretary of Defense to conduct a study on
the feasibility of developing a joint soldier patient tracking
system that would provide transparency at all times on the
location and status of recovering service members.
The House bill contained a provision (sec. 1439) that
would require the Secretary of Defense to conduct a study on
the feasibility of measuring family members' satisfaction with
health care services.
The Senate amendment contained a provision (sec. 1611)
that would require the Secretary of Defense and the Secretary
of Veterans Affairs to develop and implement, by January 1,
2008, a comprehensive policy on the care, management, and
transition of members of the armed forces with serious injuries
or illnesses. The provision would require that the policy
address detailed requirements concerning: (1) the care and
management of covered service members in a medical hold status
or on the temporary disability retired list (including specific
standards for access to medical care services); (2) the medical
evaluation and disability evaluation systems for severely
injured and ill service members; (3) the return of recovered
service members to active duty when appropriate; and (4) the
transition of service members from the Department of Defense to
the Department of Veterans Affairs.
The provision also would require that the Secretaries
complete a review of all applicable policies and procedures of
the Departments to identify potential shortfalls in those
policies, and to consider the findings and recommendations of
numerous commissions established to examine Department of
Defense and veterans health care and compensation. The
provision also would require a report on any reduction in
disability ratings by the Department of Defense.
The Senate amendment contained a provision (sec. 257)
that would require a study of a standard soldier tracking
system in conjunction with pilot projects to be conducted to
improve the disability evaluation systems of the Departments of
Defense and Veterans Affairs.
The Senate amendment contained a provision (sec. 705)
that would express the sense of the Senate that the Department
of Defense should encourage continuing collaboration between
the Army and the Department of Veterans Affairs in treating
America's wounded warriors and, when appropriate and available,
provide additional support and resources for the development of
such collaborations.
The conference agreement includes a provision that would
integrate these provisions into a single requirement to develop
and implement a comprehensive policy by July 1, 2008, on
improvements to the care, management, and transition of
recovering service members. The agreement would add a
requirement for recovery plans and recovery coordinators, and
require the Secretary of Defense to establish maximum workload
amounts for recovery coordinators, medical and non-medical care
managers, and minimum standards for access to health care
services. The conference agreement would also add a requirement
for policy on the relocation of any military personnel found to
be housed in substandard outpatient facilities. Other areas
included in the conference report would require procedures for
referral of recovering service members to appropriate public
and private entities for needed health care services, and care
and job placement services for family members of recovering
service members. The conference agreement would authorize the
Secretary of Defense to apply policies for the care,
management, and transition of members on the temporary
disability retired list to those members as the Secretary deems
appropriate.
The conferees acknowledge that the Secretaries of Defense
and Veterans Affairs have established a Senior Oversight
Committee and specific subgroups to address many of the policy
improvements required by this section. The conferees intend
that the improvements identified be established in consistent
policies throughout the Department of Defense, and to the
extent feasible, with the Department of Veterans Affairs. The
conferees intend that this policy will be established and
implemented in the near future, and expect that it will be
periodically updated as best practices and improved approaches
are discovered.
The conferees direct that the Secretary of Defense
provide a report to the Committees on Armed Services of the
Senate and the House of Representatives within 30 days of
enactment of this Act, and every 90 days thereafter, which
describes:
(1) the standards for maximum case workloads for
recovery coordinators, and medical and non-medical
managers which are in effect for recovering service
members;
(2) the standards in effect for the frequency of
periodic face-to-face reviews of the medical status of
recovering service members;
(3) the standards in effect setting forth minimum
periods of time for access to health care services for
recovering service members;
(4) the performance of the Department in
maintaining all such standards; and
(5) any deviation from the standard and the reasons
for such deviation.
The conferees will closely monitor the performance of the
Departments in achieving improvements in policy and practices
related to recovering service members and will take into
consideration such performance in development of future
legislative requirements.
Medical evaluations and physical disability evaluations of recovering
service members (sec. 1612)
The House bill contained a provision (sec. 1415) that
would add a requirement to section 1222 of title 10, United
States Code, to require the secretary of each military
department to appoint an independent medical advocate for
members before a medical evaluation board to serve as an
advocate for the best interests of the member and to advise the
member regarding the member's medical condition and
recommendations of the medical evaluation board.
The House bill contained a provision (sec. 1416) that
would amend section 1222 of title 10, United States Code, to
require the Secretary of Defense to establish the maximum
workload that could be assigned to physical evaluation board
liaison officers, and would require a standardized training
program for such officers.
The House bill contained a provision (sec. 1417) that
would amend section 1216 of title 10, United States Code, to
require the Secretary of Defense to establish a standardized
training program and curriculum for the Department's disability
evaluation system for commanders, enlisted members, health care
professionals, and others involved in the disability evaluation
system.
The House bill contained a provision (sec. 1433) that
would require the Secretary of Defense and the Secretary of
Veterans Affairs to conduct a joint evaluation of the
disability evaluation systems used by the Departments in order
to improve the consistency of the two systems, and to evaluate
the feasibility of consolidating them into a single system.
The Senate amendment contained a provision (sec.
1611(d)(2)) that would require that the comprehensive policy on
the care and management of covered members provide processes,
procedures, and standards for medical evaluations and physical
disability evaluations of covered service members.
The House recedes with an amendment that would require
the Secretary of Defense to develop a policy on: improvements
for the conduct by the military departments of medical
evaluations of recovering service members that include uniform
processes; standard criteria and definitions for determining
achievement of the maximum medical benefit from treatment and
rehabilitation; standard timelines for determinations of
fitness for duty, specialty care consultations, preparation of
medical documents, and appeals of medical evaluation
determinations; review of the findings and recommendations of
the medical evaluation board upon request of the member by a
health care professional independent of the medical evaluation
board; standards for qualifications and training of medical
evaluation board personnel; and standards for information for
recovering service members and their families on the medical
evaluation board process.
The amendment would require a similar policy on
improvements for the conduct of physical disability evaluations
that include: a clearly defined process for disability
determinations; procedures to eliminate unacceptable
discrepancies and improve consistency of disability ratings;
uniform timelines for appeals of disability determinations;
uniform standards for qualifications and training of physical
disability evaluation board personnel; uniform standards for
the number of cases pending before a disability evaluation
board; uniform standards and procedures for provision of legal
counsel to recovering service members; and uniform standards on
the roles and responsibilities of non-medical care managers.
The amendment would also require the Secretary of Defense and
the Secretary of Veterans Affairs to report to Congress on the
feasibility and advisability of consolidating the disability
evaluation systems of the military departments and of the
Department of Veterans Affairs into a single disability
evaluation system.
Return of recovering service members to active duty in the Armed Forces
(sec. 1613)
The Senate amendment contained a provision (sec.
1611(d)(2)(C)) that would require that the comprehensive policy
on the care and management of covered members provide standards
for determinations by the military departments on the return of
covered service members to active duty.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Transition of recovering service members from care and treatment
through the Department of Defense to care, treatment, and
rehabilitation through the Department of Veterans Affairs (sec.
1614)
The House bill contained a provision (sec. 1421) that
would amend chapter 58 of title 10, United States Code, to
require the Secretary of Defense to provide each service member
being separated or retired for physical disability with a
written plan for transition to programs operated by the
Department of Veterans Affairs. The provision would amend
section 1145 of title 10, United States Code, to require
establishment of a joint separation and evaluation physical
examination for use by both Departments, and would require
establishment and implementation of a process to ensure an
interoperable, bi-directional, real time exchange of critical
medical information.
The Senate amendment contained a provision (sec. 685)
that would require the Secretary of Defense and the Secretary
of Veterans Affairs to submit to Congress a plan to maximize
access to the benefits delivery at discharge program for
members of the reserve components who have been ordered to
active duty since September 11, 2001.
The Senate amendment contained a provision (sec. 1032)
that would require the Secretary of Defense to provide for each
service member separating from the armed forces or who detaches
from the member's regular unit while awaiting medical
separation or retirement, upon the request of the member, the
address and other appropriate contact information of the member
to the State veterans agency in the State in which the member
will first reside after separation or the State in which the
member resides while awaiting medical separation or retirement.
The Senate amendment contained a provision (sec.
1611(d)(2)(D)) that would require that the comprehensive policy
on the care and management of covered service members provide
processes, procedures, and standards for the transition of
covered service members from care and treatment by the
Department of Defense to care and treatment by the Department
of Veterans Affairs before, during, and after separation from
the armed forces.
The Senate amendment also contained a provision (sec.
1662) that would require the Secretary of Defense and the
Secretary of Veterans Affairs to jointly develop and implement
a mechanism to provide for the electronic transfer from the
Department of Defense to the Department of Veterans Affairs of
any Department of Defense documents (including Department of
Defense form DD 214) necessary to establish or support the
eligibility of a service member for benefits administered by
the Department of Veterans Affairs.
The House recedes with an amendment that would require
the Secretary of Defense and the Secretary of Veterans Affairs
to jointly develop and implement processes, procedures, and
standards for the transition of recovering service members from
care and treatment through the Department of Defense to care,
treatment, and rehabilitation through the Department of
Veterans Affairs. These processes, procedures, and standards
would require the provision for the electronic transfer of
documents and the member's address and contact information to
the Department of Veterans Affairs.
Reports (sec. 1615)
The Senate amendment contained a provision (sec. 1611(e))
that would require the Secretary of Defense and the Secretary
of Veterans Affairs to jointly submit to Congress a report on
the comprehensive policy on the care and management of covered
service members not later than January 1, 2008.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense and the Secretary of Veterans Affairs
to jointly submit to the appropriate committees of Congress a
report on the comprehensive policy upon completion of the
policy, but not later than July 1, 2008, and an interim report
not later than February 1, 2008. The amendment would also
require the Comptroller General of the United States to submit
to the appropriate committees of Congress not later than 6
months after the date of enactment of this Act, and every year
thereafter through 2010, a report setting forth the Comptroller
General's assessment of the progress of the Secretary of
Defense and the Secretary of Veterans Affairs in developing and
implementing the policy.
Establishment of a wounded warrior resource center (sec. 1616)
The House bill contained a provision (sec. 1412) that
would establish a Department of Defense-wide Ombudsman Office
within the office of the Secretary of Defense to provide policy
guidance to, and oversight of, the ombudsman offices in the
military departments.
The House bill also contained a provision (sec. 1413)
that would amend chapter 80 of title 10, United States Code, to
require the Secretary of Defense to establish and maintain a
toll-free hot line to collect, maintain, and update information
regarding possible deficiencies in the adequacy, quality, and
state of repair of medical-related support facilities.
The Senate amendment contained a provision (sec. 1611
(d)(1)(Q)) that would require the Secretary of Defense to
include establishment of a Department of Defense-wide Ombudsman
Office within a comprehensive policy on responsibility for
members in a medical hold status.
The Senate recedes with an amendment that would require
the Secretary of Defense to establish a wounded warrior
resource center to provide wounded warriors, their families,
and their primary caregivers with a single point of contact for
assistance with reporting deficiencies in certain military
facilities, obtaining health care services, receiving benefits
information, and any other difficulties encountered while
supporting wounded warriors. The center would provide multiple
methods of access, including at a minimum an Internet website
and a toll-free telephone number. Individuals who provide
information to the center would be informed of their option to
have their identity remain confidential.
The conferences intend that the resources of the Wounded
Warrior Resource Center shall also be available to residents of
the Armed Forces Retirement Home.
Notification to Congress of hospitalization of combat wounded service
members (sec. 1617)
The House bill contained a provision (sec. 1414) that
would amend chapter 55 of title 10, United States Code, to
require the service secretaries, if the member consents, to
notify appropriate members of Congress of the hospitalization
of any member of the armed forces evacuated from a theater of
combat.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
notification to appropriate members of Congress of the
hospitalization of any member of the armed forces evacuated
from a theater of combat and admitted to a military treatment
facility within the United States.
Comprehensive plan on prevention, diagnosis, mitigation, treatment, and
rehabilitation of, and research on, traumatic brain injury,
post-traumatic stress disorder, and other mental health
conditions in members of the armed forces (sec. 1618)
The House bill contained a provision (sec. 1425) that
would require the Secretary of Defense to develop a plan to
incorporate into training, combat theater operations, and post-
deployment service evidence-based preventive and early-
intervention measures, practices, or procedures that reduce the
likelihood that personnel in combat will develop post-traumatic
stress disorder (PTSD) or other stress-related
psychopathologies.
The Senate amendment contained a provision (sec. 1631)
that would require the Secretary of Defense, in consultation
with the Secretary of Veterans Affairs, to submit to the
congressional defense committees comprehensive plans for
programs and activities of the Department of Defense to
prevent, diagnose, mitigate, treat, and otherwise respond to
traumatic brain injury and PTSD in members of the armed forces.
The House recedes with a clarifying amendment that would
include in the plan a requirement to incorporate into training,
combat theater operations, and post-deployment service
evidence-based preventive and early-intervention measures,
practices, or procedures that reduce the likelihood that
personnel in combat will develop PTSD or other stress-related
conditions.
Subtitle B--Centers of Excellence in the Prevention, Diagnosis,
Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury,
Post-Traumatic Stress Disorder, and Eye Injuries
Center of excellence in the prevention, diagnosis, mitigation,
treatment, and rehabilitation of traumatic brain injury (sec.
1621)
The Senate amendment contained a provision (sec. 1633(a))
that would require the Secretary of Defense to establish a
center of excellence in the prevention, diagnosis, mitigation,
treatment, and rehabilitation of traumatic brain injury (TBI),
including mild, moderate, and severe TBI. The amendment would
ensure collaboration to the maximum extent practicable with the
Department of Veterans Affairs and other appropriate public and
private entities.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
that the center would be responsible for implementation of the
elements of the comprehensive plan required by section 1631 of
this Act that relate to traumatic brain injury.
Center of excellence in prevention, diagnosis, mitigation, treatment,
and rehabilitation of post-traumatic stress disorder and other
mental health conditions (sec. 1622)
The Senate amendment contained a provision (sec. 1633(b))
that would require the Secretary of Defense to establish a
center of excellence in the prevention, diagnosis, mitigation,
treatment, and rehabilitation of post-traumatic stress disorder
(PTSD), including mild, moderate, and severe PTSD. The
amendment would require collaboration with the National Center
for Post-Traumatic Stress Disorder of the Department of
Veterans Affairs, institutions of higher learning, and other
appropriate public and private entities.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
that the center shall also address other mental health
conditions and would be responsible for implementation of
elements of the comprehensive plan required by section 1631 of
this Act that relate to PTSD and other mental health
conditions.
Center of excellence in prevention, diagnosis, mitigation, treatment,
and rehabilitation of military eye injuries (sec. 1623)
The Senate amendment contained a provision (sec. 710)
that would require the Secretary of Defense to establish a
center of excellence in the prevention, diagnosis, mitigation,
treatment, and rehabilitation of military eye injuries. The
amendment would require collaboration with the Department of
Veterans Affairs and establishment of a military eye injury
registry.
The House bill contained no similar provision.
The House recedes with several clarifying amendments.
Report on establishment of centers of excellence (sec. 1624)
The Senate amendment contained two provisions (secs. 710
and 1633) that would require the Secretary of Defense to
establish centers of excellence for traumatic brain injury,
post-traumatic stress disorder, and military eye injuries.
The House bill contained no similar provisions.
The House recedes with an amendment that would require
the Secretary of Defense to submit a report to Congress no
later than 180 days after the date of enactment of this Act on
the establishment of the centers of excellence as required
elsewhere in this conference report.
Subtitle C--Health Care Matters
Medical care and other benefits for members and former members of the
armed forces with severe injuries or illnesses (sec. 1631)
The Senate amendment contained a provision (sec. 1621)
that would authorize medical benefits equivalent to those
available to members on active duty for members and former
members of the armed forces with severe injuries or illnesses
and who may also be eligible for health and disability benefits
from the Department of Veterans Affairs (VA) during the 3 years
from the date of injury or illness or date of enactment of this
Act, whichever is later. The amendment would also authorize a
service member with a severe injury or illness to receive
rehabilitation and vocational benefits from the VA in the same
manner that the Secretary of Veterans Affairs provides medical
care to members of the armed forces receiving care in medical
facilities of the VA.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the Secretary of Defense to provide any former service member
with a severe injury or illness the same medical and dental
care as an active duty service member when such care is not
reasonably available from the VA. The amendment would also
authorize a member of the armed forces with a severe injury or
illness to receive benefits (including rehabilitation and
vocational benefits, but not compensation) from the VA. Both
authorities would expire on December 31, 2012.
Senior Department of Defense officials have acknowledged
that the health care benefit for service members on active duty
includes limited health care benefits that are not available to
service members in a retired status. This has created an
incentive for some seriously wounded service members to remain
on active duty solely for the increased medical benefit. The
conferees intend that this provision would be implemented by
the Secretary of Defense in a manner that will ensure that
severely wounded or ill service members who are medically
retired experience no gap in health care coverage due to lack
of reasonably available capacity of the Veterans Health
Administration or any limitation in current health care
benefits required by the member.
Reimbursement of travel expenses of retired members with combat-related
disabilities for follow-on specialty care, services, and
supplies (sec. 1632)
The Senate amendment contained a provision (sec. 1622)
that would require the Secretary of Defense to provide
reimbursement for reasonable travel expenses for follow-on
specialty care at a military treatment facility more than 100
miles from where the member resides for a service member and
any eligible accompanying family member when the member has
incurred a combat-related disability and is entitled to retired
or retainer pay, or equivalent pay.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary to implement an outreach program for such members
in order to ensure that eligible members are medically
monitored and receiving travel reimbursement for specialty care
when necessary.
Respite care and other extended care benefits for members of the
uniformed services who incur a serious injury or illness on
active duty (sec. 1633)
The Senate amendment contained a provision (sec. 1627)
that would amend section 1079(d) of title 10, United States
Code, to provide that the program of extended benefits would
include extended benefits, including respite care, for the
primary caregivers of members of the uniformed services who
incur a serious injury or illness on active duty.
The House bill contained no similar provision.
The House recedes with an amendment that would amend
section 1074(c) of title 10, United States Code, to authorize
extended benefits to members of the uniformed services who
incur a serious injury or illness on active duty in a manner
consistent with extended health care benefits authorized for
eligible dependents in sections 1079(d) and (c) of title 10,
United States Code.
Reports (sec. 1634)
The Senate amendment contained a provision (sec. 1636)
that would require the Secretary of Defense, not later than 90
days after the date of enactment of this Act, to submit to the
congressional defense committees a report describing the
progress in completing studies and reports on: (1) a
longitudinal study on traumatic brain injury incurred by
members of the armed forces in Operation Iraqi Freedom and
Operation Enduring Freedom; (2) enhanced mental health
screening and services for members of the armed forces; and (3)
pilot projects on early diagnosis and treatment of post-
traumatic stress disorder and other mental health conditions.
The provision would also require annual reports on expenditures
for activities on traumatic brain injury and post-traumatic
stress disorder.
The House bill contained no similar provision.
The House recedes with an amendment that would require a
report on the longitudinal study on traumatic brain injury and
the pilot projects on early diagnosis and treatment of post-
traumatic stress disorder and other mental health conditions,
and would require annual reports on expenditures for activities
on traumatic brain injury and post-traumatic stress disorder.
Fully interoperable electronic personal health information for the
Department of Defense and Department of Veterans Affairs (sec.
1635)
The House bill contained a provision (sec. 1421(c)) that
would require the Secretary of Defense and the Secretary of
Veterans Affairs to jointly establish and implement a process
to ensure an interoperable, bi-directional, real-time exchange
of critical medical information.
The Senate amendment contained a provision (sec. 1641)
that would require the Secretary of Defense and the Secretary
of Veterans Affairs to jointly develop and implement a joint
electronic health record and accelerate the exchange of health
care information between the Department of Defense and the
Department of Veterans Affairs. The amendment would also
establish a Department of Defense-Department of Veterans
Affairs interagency program office for a joint electronic
health record.
The House recedes with an amendment that would require
the Secretary of Defense and the Secretary of Veterans Affairs
to jointly develop and implement electronic health record
systems or capabilities that would allow for full
interoperability of personal health care information between
the Department of Defense and the Department of Veterans
Affairs, and would modify elements of the Department of
Defense-Department of Veterans Affairs interagency program
office.
Enhanced personnel authorities for the Department of Defense for health
care professionals for care and treatment of wounded and
injured members of the armed forces (sec. 1636)
The Senate amendment contained a provision (sec. 1642)
that would amend section 1599c of title 10, United States Code,
to authorize the Secretary of Defense to exercise any authority
for the appointment and pay of health care personnel under
chapter 74 of title 38, United States Code, for purposes of
recruitment, employment, and retention of civilian health care
professionals for the Department of Defense, and to require the
service secretaries to develop and implement a strategy to
disseminate the authorities and best practices for the
recruitment of medical and health professionals.
The House bill contained no similar provision.
The House recedes with an amendment that would terminate
the authority of the Secretary of Defense to exercise the
authorities available under chapter 74 of title 38 on September
30, 2010.
Continuation of transitional health benefits for members of the armed
forces pending resolution of service-related medical conditions
(sec. 1637)
The Senate amendment contained a provision (sec. 716)
that would authorize a service member entitled to transitional
health care benefits under section 1145 of title 10, United
States Code, to receive medical and dental care for a specific
medical condition related to the member's military service as
if the member were an active duty member until the condition is
resolved.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the service-related medical condition to be identified during
the member's 6-month transition period, and would provide
health care for such condition as if the member were still on
active duty for 6 months following the diagnosis of the
condition.
Subtitle D--Disability Matters
Utilization of veterans' presumption of sound condition in establishing
eligibility of members of the armed forces for retirement for
disability (sec. 1641)
The Senate amendment contained a provision (sec. 1651)
that would amend sections 1201 and 1203 of title 10, United
States Code, to establish a presumption that a disability is
incurred while on active duty for a service member with 6
months or more of active military service whose disability was
not noted at the time of the member's entrance on active duty,
unless compelling evidence or medical judgment is such to
warrant a finding that the disability existed before the
member's entrance on active duty.
The House bill contained no similar provision.
The House recedes.
The conferees note that section 1207a of title 10, United
States Code, which provides that disabilities of service
members with at least 8 years of active service will be deemed
to have been incurred while on active duty, remains in effect.
Requirements and limitations on Department of Defense determinations of
disability with respect to members of the armed forces (sec.
1642)
The Senate amendment contained a provision (sec. 1652)
that would amend chapter 61 of title 10, United States Code, to
require the Secretary of Defense to utilize, to the extent
feasible, the schedule for rating disabilities in use by the
Department of Veterans Affairs, including any applicable
interpretation of the schedule by the United States Court for
Veterans Claims and would require the Secretary, when making a
determination of a disability rating, to take into account all
medical conditions, whether individually or collectively, that
render a member unfit to perform the duties of the member's
office, grade, rank, or rating.
The House bill contained no similar provision.
The House recedes.
Review of separation of members of the armed forces separated from
service with a disability rating of 20 percent disabled or less
(sec. 1643)
The Senate amendment contained a provision (sec. 1653)
that would amend chapter 79 of title 10, United States Code, to
require the Secretary of Defense to establish a board to review
the cases of former service members who were separated with
disability ratings of 20 percent or less and to authorize the
secretary concerned to correct the military records of the
former member in accordance with the recommendation of the
board.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the board to notify the former member, or the former member's
surviving spouse, next of kin, or legal representative, that
consideration of the former member's case by the board, whether
in response to a request or self-generated by the board, will
preclude further consideration of the former member's case by
the Board for Correction of Military Records.
The conferees believe that the recommendation of the
Veterans' Disability Benefits Commission in its report of
October 3, 2007, to reassess the ratings of service members who
were discharged as unfit but given low ratings should be
implemented. The Commission's analysis of service disability
ratings from 2000 to 2006 set forth in chapter V of its report
reflected disturbing and ``counterintuitive'' differences
between the Army and Marine Corps and the Navy and Air Force
that must be addressed. The conferees expect the Secretary of
Defense to ensure that cases before the Physical Disability
Board of Review receive equitable ratings as recommended by the
Commission.
Authorization of pilot programs to improve disability evaluation system
for members of the armed forces (sec. 1644)
The Senate amendment contained a provision (sec. 1654)
that would require the Secretary of Defense to carry out three
pilot programs and authorize the Secretary to carry out
additional pilot programs with respect to the disability
evaluation system of the Department of Defense (DOD). The
required pilot programs would include use of a disability
rating assigned by the Department of Veterans Affairs (VA), use
of a joint DOD/VA assigned disability rating, and use of a
single Internet Web site for the DOD disability system.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the Secretary of Defense to establish and conduct pilot
programs with respect to the disability evaluation system of
the Department of Defense for the evaluation of the
disabilities of members of the armed forces who are being
separated or retired from the armed forces for disability under
chapter 61, United States Code.
Reports on Army Medical Action Plan in response to deficiencies in the
Army physical disability evaluation system (sec. 1645)
The Senate amendment contained a provision (sec. 1655)
that would require the Secretary of Defense to report to the
congressional defense committees on the implementation of
corrective measures by the Department of Defense with respect
to the Physical Disability Evaluation System in response to
several different reports.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the reports to be submitted by June 1, 2008 and June 1, 2009.
Enhancement of disability severance pay for Members of the armed forces
(sec. 1646)
The Senate amendment contained a provision (sec. 1661)
that would amend section 1212 of title 10, United States Code,
to increase the minimum severance pay to 12 months' basic pay
for service members separated for a disability incurred in a
combat zone and 6 months' basic pay for other members, and
increasing the maximum severance pay from 24 months' basic pay
to 38 months' basic pay. The provision would also remove the
requirement that severance pay received by members for a
disability incurred in a combat zone be deducted from
disability compensation received from the Department of
Veterans Affairs.
The House bill contained no similar provision.
The House recedes.
Assessments of continuing utility and future role of temporary
disability retired list (sec. 1647)
The House bill contained a provision (sec. 1420) that
would amend section 1210(e) of title 10, United States Code, to
require that a service member's medical condition be permanent
and stable before the service member can be removed from the
temporary disabled retired list (TDRL).
The Senate amendment contained a provision (sec. 1663)
that would require the Secretary of Defense and the Comptroller
General of the United States to submit a report to the
congressional defense committees assessing the continuing
utility of the TDRL.
The House recedes with an amendment that would require
the Secretary of Defense to submit to the congressional defense
committees, no later than 180 days after the date of enactment
of this Act, a report containing a statistical history
regarding the TDRL and an assessment of: (1) the continuing
utility of the TDRL; (2) the need to require that the condition
of a member be permanent and stable before the member is
separated with less than a 30 percent disability rating; and
(3) the future role of the TDRL in the disability evaluation
system of the Department of Defense and the changes in policy
and law required to fulfill the future role of the TDRL.
Standards for military medical treatment facilities, specialty medical
care facilities, and military quarters housing patients and
annual report on such facilities (sec. 1648)
The House bill contained a provision (sec. 1431) that
would require the Secretary of Defense to submit an annual
report beginning with the budget submission for fiscal year
2009 on the adequacy, suitability, and quality of military
medical facilities and medical-related support facilities. This
section would also require that the report include any facility
deficiencies and accompanying response plans identified through
the toll-free hot line made available to service members and
families residing in medical-related support facilities.
The Senate amendment contained a provision (sec. 1671)
that would require the Secretary to establish standards for
medical treatment facilities and quarters or leased housing for
patients, and to set a deadline for compliance with such
standards. The amendment would also require a report to the
congressional defense committees on actions taken to meet these
standards.
The House recedes with an amendment that would combine
the annual report and the requirement to establish standards.
Reports on Army Medical Action Plan in response to deficiencies
identified at Walter Reed Army Medical Center (sec. 1649)
The Senate amendment contained a provision (sec. 1672)
that would require the Secretary of Defense to submit reports
to the congressional defense committees on the implementation
of the action plan of the Army to correct deficiencies
identified in the condition of facilities, and in the
administration of outpatients in medical hold or medical
holdover status, at Walter Reed Army Medical Center and at
other applicable Army installations.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to submit to the congressional defense
committees a report no later than 30 days after the date of
enactment of this Act, and every 180 days thereafter until
March 1, 2009, on the implementation of the Army Medical Action
Plan to correct deficiencies identified in the condition of
facilities and patient administration.
Required certifications in connection with closure of Walter Reed Army
Medical Center, District of Columbia (sec. 1650)
The Senate amendment contained a provision (sec. 1673)
that would require the Secretary of Defense to submit to the
congressional defense committees no later than 90 days after
enactment of this Act certain certifications regarding the
closure of Walter Reed Army Medical Center, District of
Columbia. The House bill contained no similar provision.
The House recedes with a technical amendment.
Handbook for members of the armed forces on compensation and benefits
available for serious injuries and illnesses (sec. 1651)
The Senate amendment contained a provision (sec. 1681)
that would require the Secretary of Defense to develop and
maintain, in handbook and electronic form, a comprehensive
description of the compensation and other benefits to which a
service member and their family would be entitled when the
member separates or retires from the armed forces. The
Secretary of Defense would be required to do this in
consultation with the Secretary of Veterans Affairs, the
Secretary of Health and Human Services, and the Commissioner of
Social Security.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary to develop the handbook and electronic form no
later than October 1, 2008.
Subtitle E--Studies and Reports
Study on physical and mental health and other readjustment needs of
members and former members of the armed forces who deployed in
Operation Iraqi Freedom and Operation Enduring Freedom and
their families (sec. 1661)
The Senate amendment contained a provision (sec. 1691)
that would require the Secretary of Defense, in consultation
with the Secretary of Veterans Affairs, to enter into an
agreement with the National Academy of Sciences for a study on
the physical and mental health and other readjustment needs of
members and former members of the armed forces who deployed in
Operation Iraqi Freedom or Operation Enduring Freedom and their
families as a result of such deployment. The amendment would
require the Secretary of Defense and the Secretary of Veterans
Affairs to develop a joint plan to address the findings and
recommendations of the National Academy of Sciences study
within 90 days of receiving the report. The amendment would
also require the Comptroller General of the United States to
submit to Congress a report assessing the Department of
Defense-Department of Veterans Affairs plan.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the preliminary phase of the study to be completed not later
than 1 year after the date of enactment of this Act, and an
assessment of gender- and ethnic group-specific needs and
concerns. The amendment would also remove the requirement for
the review by the Comptroller General of the United States of
the Department of Defense-Department of Veterans Affairs plan.
Access of recovering service members to adequate outpatient residential
facilities (sec. 1662)
The House bill contained a provision (sec. 1432) that
would require the Inspectors General of the regional medical
commands to conduct semi-annual inspections of facilities
housing recovering service members for the first two years
following the date of enactment of this Act and annually
thereafter. This section would require the inspection results
to be coordinated with local and service medical and civilian
leadership, reported to the Congress, and posted on the
Internet website of the regional medical command.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Study and report on support services for families of recovering service
members (sec. 1663)
The House bill contained a provision (sec. 1434) that
would require the Secretary of Defense to conduct a study of
the provision of support services for families of recovering
service members. The study would include a determination of the
types of support services currently provided, a determination
of additional types of support services that would be feasible,
an estimate of the number of family members to whom the support
services would be provided, and a determination of
discrimination in employment that family members experience.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment that would
include job placement services as an element of the
determination of additional types of support services that
would be feasible.
Report on traumatic brain injury classifications (sec. 1664)
The House bill contained a provision (sec. 1435) that
would require the Secretary of Defense to submit to the
Committees on Armed Services of the Senate and the House of
Representatives an interim report not later than 90 days after
enactment of this Act describing the changes undertaken within
the Department of Defense to ensure that traumatic brain injury
victims receive a proper medical designation concomitant with
their injury, and a final report not later than 180 days after
the date of enactment of this Act concerning traumatic brain
injury classification.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense and the Secretary of Veterans Affairs
to jointly submit to the Committees on Armed Services of the
Senate and the House of Representatives a report describing the
changes undertaken within the Department of Defense and the
Department of Veterans Affairs to ensure that traumatic brain
injury victims receive a medical designation concomitant with
their injury rather than a medical designation that assigns a
generic classification (such as ``organic psychiatric
disorder''). The report would be due not later than 90 days
after the date of enactment of this Act.
Evaluation of the Polytrauma Liaison Officer/Non-Commissioned Officer
Program (sec. 1665)
The House bill contained a provision (sec. 1436) that
would require the Secretary of Defense to conduct an evaluation
of the Polytrauma Liaison Officer/Non-Commissioned Officer
program, operated by the military departments and the
Department of Veterans Affairs, to assist the transition of
members from the Department of Defense health care system to
the Department of Veterans Affairs system. The Secretary of
Defense would be required to submit a report to Congress
containing the results of the evaluation and recommendations
for improvement not later than 90 days after the date of
enactment of this Act.
The Senate amendment contained no similar provision.
The Senate recedes.
Subtitle F--Other Matters
Prohibition on transfer of resources from medical care (sec. 1671)
The House bill contained a provision (sec. 1452) that
would prohibit the transfer of funds or personnel from medical
care functions within the Department of Defense to support the
administrative requirements imposed by this Act.
The Senate amendment contained no similar provision.
The Senate recedes.
Medical care for families of members of the armed forces recovering
from serious injuries or illnesses (sec. 1672)
The Senate amendment contained a provision (sec. 1626)
that would authorize medical care on a space available basis at
military medical treatment facilities or medical facilities of
the Department of Veterans Affairs for certain family members
caring for service members in a medical hold or holdover status
or on the temporary disability retired list. Family members
must be on invitational travel orders, a non-medical attendee
caring for certain injured service members, or receiving per
diem while caring for certain injured service members. The
provision would also authorize job placement services for
family members on invitational travel orders or non-medical
attendees caring for certain injured service members for more
than 45 days during a 1-year period, and require the Secretary
of Defense to submit to the congressional defense committees a
report on the need for additional employment services and
protections for certain family members who are placed on leave
from employment or otherwise displaced from employment while
caring for an injured service member.
The House bill contained no similar provision.
The House recedes with a clarifying amendment that would
authorize medical care on a space available basis at military
medical treatment facilities or medical facilities of the
Department of Veterans Affairs for certain family members not
otherwise eligible for medical care who are caring for a
recovering service member. Job placement services and the
report on the need for additional services are contained
elsewhere in this conference report.
Improvement of medical tracking system for members of the armed forces
deployed overseas (sec. 1673)
The House bill contained a provision (sec. 711) that
would require the Secretary of Defense to establish a computer-
based program that assesses the cognitive functioning, in a
pre- and post-deployment environment, of all members of the
armed forces who are deployed in support of the global war on
terror, including Operation Iraqi Freedom and Operation
Enduring Freedom.
The Senate amendment contained a provision (sec. 1632)
that would amend section 1074f of title 10, United States Code,
to require the Secretary of Defense to establish a protocol for
the pre-deployment assessment and documentation of the
cognitive functioning of a member who is deployed outside the
United States in order to facilitate the assessment of the
post-deployment cognitive functioning of the member. The
amendment would require the Secretary to conduct up to three
pilot projects to evaluate various mechanisms for use in the
protocol, and to establish a means to implement any mechanism
that is selected for incorporation in the protocol not later
than 180 days after completion of the pilot projects.
The House recedes with an amendment to clarify the
characteristics of a computer-based assessment tool to be
evaluated under the pilot projects.
Guaranteed funding for Walter Reed Army Medical Center, District of
Columbia (sec. 1674)
The House bill contained a provision (sec. 712) that
would require that the amount of funds available for the
commander of Walter Reed Army Medical Center shall not be less
than the amount expended in fiscal year 2006 until the first
fiscal year beginning after the date on which the Secretary of
Defense certifies to the Committees on Armed Services of the
Senate and the House of Representatives that the expanded
facilities at the National Naval Medical Center and DeWitt Army
Community Hospital are completed, equipped, and staffed with
sufficient capacity to accept and provide at least the same
level of care as patients received at Walter Reed Army Medical
Center during fiscal year 2006.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
that the amount of funds available shall not be less than the
amount expended by the commander of Walter Reed Army Medical
Center in fiscal year 2006 until the first fiscal year
beginning after the date on which the Secretary of Defense
submits to the congressional defense committees a plan for the
provision of health care for military beneficiaries and their
dependents in the National Capital Region. After submission of
this plan, the amendment would require the Secretary to certify
to the congressional defense committees on a quarterly basis
that patients, staff, bed capacity, functions, or parts of
functions at Walter Reed Army Medical Center have not been
moved or disestablished until the expanded facilities at the
National Naval Medical Center and DeWitt Army Community
Hospital are completed, equipped, and staffed with sufficient
capacity to accept and provide, at a minimum, the same level of
and access to care as patients received at Walter Reed Army
Medical Center during fiscal year 2006.
Use of leave transfer program by wounded veterans who are federal
employees (sec. 1675)
The House bill contained a provision (sec. 1110) that
would allow federal employees who sustain a combat-related
injury while on active duty to accept donated leave without
having to deplete their own leave allocations while they are
undergoing medical treatment for the disability, for up to 5
years.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Moratorium on conversion to contractor performance of Department of
Defense functions at military medical facilities (sec. 1676)
The House bill contained a provision (sec. 1451) that
would: (1) prohibit the Department of Defense from initiating
any new public-private competitions for the performance of
functions at military medical facilities for a period of 1
year; and (2) require the Secretary of Defense to report to the
Committees on Armed Services of the Senate and the House of
Representatives on public-private competitions currently being
carried out at such facilities.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment prohibiting the
Department of Defense from initiating any new public-private
competitions for the performance of functions at military
medical facilities until the Secretary: (1) certifies that
appropriate steps have been taken to ensure that such
competitions will not have an adverse impact on the quality of
military medical care; and (2) submits the required report.
Legislative Provisions Not Adopted
Establishment of medical support fund for support of members of the
armed forces returning to military service or civilian life
The House bill contained a provision (sec. 1422) that
would require the establishment of a medical support fund on
the books of the Treasury to support programs and activities
relating to the medical treatment, care, rehabilitation,
recovery, and support of wounded and injured service members
and their families, and authorized $50.0 million for the fund.
The Senate amendment contained no similar provision.
The House recedes.
Funding for improved diagnosis, treatment, and rehabilitation of
members of the armed forces with traumatic brain injury or
post-traumatic stress disorder
The Senate amendment contained a provision (sec. 1635)
that would authorize $50.0 million for activities relating to
the improved diagnosis, treatment, and rehabilitation of
members of the armed forces with traumatic brain injury or
post-traumatic stress disorder. Of that amount, $17.0 million
would be available for the Defense and Veterans Brain Injury
Center of the Department of Defense.
The Senate recedes.
The conference outcome is reflected in the tables of this
report.
Personnel shortages in the mental health workforce of the Department of
Defense, including personnel in the mental health workforce
The Senate amendment contained a provision (sec. 1643)
that would require the Secretary of Defense to submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report setting forth the recommendations of
the Secretary for such legislative or administrative actions as
the Secretary considers appropriate to address shortages in
health care professionals within the Department of Defense,
including personnel in the mental health workforce. The
amendment would also require the Secretary to implement, not
later than 180 days after the date of enactment of this Act,
programs to recruit qualified individuals in health care fields
(including mental health) to serve in the armed forces.
The House bill contained no similar provision.
The Senate recedes.
The conference agreement includes a requirement for the
Secretary of Defense to report on implementation of the
recommendations of the Department of Defense Task Force on
Mental Health, which include improving access to mental health
services by increasing the number of mental health personnel.
Pilot program to establish an Army Wounded Warrior battalion at an
appropriate active duty base
The House bill contained a provision (sec. 1419) that
would require the Secretary of the Army to establish a pilot
program, known as the Army Wounded Warrior Program, based on
the Wounded Warrior Regiment program of the Marine Corps.
The Senate amendment contained no similar provision.
The House recedes.
The conferrees are aware that the Army has already
established Warrior Transition Units that are similar in
function to the Marine Wounded Warrior Regiment program.
Oversight Board for Wounded Warriors
The House bill contained a provision (sec. 1423) that
would require the establishment of a 12 member board to be
known as the Oversight Board for Wounded Warriors to provide
oversight of medical care, quality of life, administrative
processing, and family programs supporting wounded warriors and
to provide advice and counsel to Congress and the Department of
Defense about how the programs can be made more efficient and
effective.
The Senate amendment contained no similar provision.
The House recedes.
TITLE XVII--VETERANS MATTERS
Legislative Provisions Adopted
Sense of Congress on Department of Veterans Affairs efforts in the
rehabilitation and reintegration of veterans with traumatic
brain injury (sec. 1701)
The Senate amendment contained a provision (sec. 1701)
that would express the sense of Congress that:
(1) the Department of Veterans Affairs is a leader
in the field of traumatic brain injury and coordination
of such care;
(2) the Department of Veterans Affairs should have
the capacity and expertise to provide veterans who have
traumatic brain injury with patient-centered health
care, rehabilitation, and community integration
services that are comparable to or exceed similar care
and services available to persons with such injuries in
the academic and private sector;
(3) rehabilitation for veterans who have a
traumatic brain injury should be individualized,
comprehensive, and interdisciplinary with the goals of
optimizing the independence of such veterans and
reintegrating them into their communities;
(4) family support is integral to the
rehabilitation and community reintegration of veterans
who have sustained a traumatic brain injury, and the
Department should provide the families of such veterans
with education and support;
(5) the Department of Defense and the Department of
Veterans Affairs have made efforts to provide a smooth
transition of medical care and rehabilitative services
to individuals as they transition from the health care
system of the Department of Defense to that of the
Department of Veterans Affairs, but more can be done to
assist veterans and their families in the continuum of
the rehabilitation, recovery, and reintegration of
wounded or injured veterans into their communities;
(6) in planning for rehabilitation and community
reintegration of veterans who have a traumatic brain
injury, it is necessary for the Department of Veterans
Affairs to provide a system for life-long case
management for such veterans; and
(7) in such a system for life-long case management,
it is necessary to conduct outreach and to tailor
specialized traumatic brain injury case management and
outreach for the unique needs of veterans with
traumatic brain injury who reside in urban and non-
urban settings.
The House bill contained no similar provision.
The House recedes.
Individual rehabilitation and community reintegration plans for
veterans and others with traumatic brain injury (sec. 1702)
The Senate amendment contained a provision (sec. 1702)
that would amend subchapter II of chapter 17 of title 38,
United States Code, to require the Secretary of Veterans
Affairs to develop an individualized rehabilitation and
reintegration plan for each veteran or member of the armed
forces who receives inpatient or outpatient rehabilitation care
from the Department of Veterans Affairs (VA) for a traumatic
brain injury and to provide the plan in writing to the veteran
or service member before discharge from inpatient care.
The House bill contained no similar provision.
The House recedes with an amendment that would add a
requirement for the Secretary to develop and carry out a
comprehensive program of long-term care for post-acute
traumatic brain injury rehabilitation at each VA polytrauma
center. The program would include residential, community, and
home-based components utilizing interdisciplinary treatment
teams.
Use of non-Department of Veterans Affairs facilities for implementation
of rehabilitation and community reintegration plans for
traumatic brain injury (sec. 1703)
The Senate amendment contained a provision (sec. 1703)
that would amend subchapter II of chapter 17 of title 38,
United States Code, to require the Secretary of Veterans
Affairs to provide rehabilitative treatment or services at non-
Department of Veterans Affairs facilities to veterans or
members of the armed forces who receive inpatient or outpatient
care from the Department of Veterans Affairs (VA) for a
traumatic brain injury when the VA is unable to provide
treatment or services at the frequency or for the duration
prescribed in the individual treatment plans or for whom the
Secretary determines that it is optimal with respect to the
recovery and rehabilitation of such individual.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the Secretary to provide health care and services through
cooperative agreements with appropriate public or private
entities with expertise in neurobehavioral rehabilitation and
recovery programs.
Research, education, and clinical care program on traumatic brain
injury (sec. 1704)
The Senate amendment contained a provision (sec. 1704)
that would amend subchapter II of chapter 73 of title 38,
United States Code, to require the Secretary of Veterans
Affairs to establish a program on research, education, and
clinical care to provide neuro-rehabilitation to veterans with
a severe traumatic brain injury, including veterans in a
minimally conscious state who would otherwise receive only
long-term residential care.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary to establish and maintain a registry of names of
each individual who: (1) served as a member of the armed forces
in Operation Enduring Freedom or Operation Iraqi Freedom; (2)
exhibits symptoms associated with traumatic brain injury; (3)
applies for care and services from the Department of Veterans
Affairs or files a claim for compensation for disability
associated with such service; and (4) grants permission to the
Secretary to include such information in the registry.
Pilot program on assisted living services for veterans with traumatic
brain injury (sec. 1705)
The Senate amendment contained a provision (sec. 1705)
that would require the Secretary of Veterans Affairs, in
collaboration with the Defense and Veterans Brain Injury
Center, to carry out a pilot program to assess the
effectiveness of providing assisted living services to eligible
veterans to enhance the rehabilitation, quality of life, and
community integration of such veterans.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Provision of age-appropriate nursing home care (sec. 1706)
The Senate amendment contained a provision (sec. 1707)
that would require the Secretary of Veterans Affairs to ensure
that nursing home care provided to young veterans who are
injured or disabled through military service and require long-
term care is provided in an age-appropriate manner.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Extension of period of eligibility for health care for veterans of
combat service during certain periods of hostilities and war
(sec. 1707)
The Senate amendment contained a provision (sec. 1708)
that would amend section 1710 of title 38, United States Code,
to extend from 2 to 5 years the period of automatic eligibility
for health care benefits from the Department of Veterans
Affairs (VA) for veterans who served in a combat theater of
operations.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
3 years of automatic eligibility for health care from the VA
for veterans who served in a combat theater of operations and
were discharged after 1998, but more than 5 years before the
date of enactment of this Act, and who have not enrolled in the
health care program of the VA.
Service-connection and assessments for mental health conditions in
veterans (sec. 1708)
The Senate amendment contained a provision (sec. 1709)
that would amend section 1702 of title 38, United States Code,
to require the Secretary of Veterans Affairs to provide a
preliminary general mental health assessment to certain
veterans within 30 days of such a request.
The House recedes with an amendment that would clarify
that an eligible veteran is one who served on active duty in a
theater of combat operations during a period of war after the
Persian Gulf War, or in combat against a hostile force during a
period of hostilities after November 11, 1998.
Modification of requirements for furnishing outpatient dental services
to veterans with service-connected dental conditions or
disabilities (sec. 1709)
The Senate amendment contained a provision (sec. 1710)
that would amend section 1712 of title 38, United States Code,
to extend from 90 to 180 days after discharge or release from
active duty the application period for dental benefits for
veterans.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Clarification of purpose of outreach services program of Department of
Veterans Affairs (sec. 1710)
The Senate amendment contained a provision (sec. 1712)
that would amend section 6301 of title 38, United States Code,
to clarify that the outreach services program of the Department
of Veterans Affairs includes members of the reserve components.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Designation of fiduciary or trustee for purposes of Traumatic
Servicemembers' Group Life Insurance (sec. 1711)
The Senate amendment contained a provision (sec. 1071)
that would require the Secretary of Defense, in consultation
with the Secretary of Veterans Affairs, to develop a form for
the designation of a fiduciary to receive the funds distributed
under section 1980A of title 38, United States Code, in the
case of a service member who is medically incapacitated or
experiencing an extended loss of consciousness.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Veterans Affairs, in consultation with the
military service secretaries, to develop a process for the
designation of a fiduciary or trustee of a member of the
uniformed services insured against traumatic injury under
section 1980A of title 38, United States Code.
Legislative Provisions Not Adopted
Demonstration program on preventing veterans at risk of homelessness
from becoming homeless
The Senate amendment contained a provision (sec. 1711)
that would require the Secretary of Veterans Affairs to carry
out a demonstration program for the purpose of: (1) identifying
members of the armed forces on active duty who are at risk of
becoming homeless after they are discharged or released from
active duty; and (2) providing referral, counseling, and
supportive services, as appropriate, to help prevent such
members, upon becoming veterans, from becoming homeless.
The House bill contained no similar provision.
The Senate recedes.
Increase in physicians at hospitals of the Department of Veterans
Affairs
The House bill contained a provision (sec. 1453) that
would require the Secretary of Veterans Affairs to increase the
number of resident physicians at hospitals of the Department of
Veterans Affairs.
The Senate amendment contained no similar provision.
The House recedes.
Research on traumatic brain injury
The Senate amendment contained a provision (sec. 1706)
that would require the Secretary of Veterans Affairs, when
carrying out certain research programs and activities, to
ensure that such programs and activities include research on
the sequelae of mild to severe forms of traumatic brain injury.
The House bill contained no similar provision.
The Senate recedes.
Study and report of waiting periods for appointments at Department of
Veterans Affairs medical facilities
The House bill contained a provision (sec. 1438) that
would require the Secretary of Veterans Affairs to conduct a
study on the average length of time between the desired date
for which a veteran seeks to schedule an appointment for health
care at a Department of Veterans Affairs medical facility and
the date on which such appointment is completed.
The Senate amendment contained no similar provision.
The House recedes.
TITLE XVIII--NATIONAL GUARD BUREAU MATTERS AND RELATED MATTERS
Short title (sec. 1801)
The House bill contained a provision (sec. 1601) that
would provide that this title may be cited as the ``National
Guard Empowerment Act''.
The Senate amendment contained a provision (sec. 1801)
that would provide that this title may be cited as the
``National Guard Empowerment Act of 2007''.
The House recedes.
Subtitle A--National Guard Bureau
Appointment, grade, duties, and retirement of the Chief of the National
Guard Bureau (sec. 1811)
The House bill contained a provision (sec. 1611) that
would amend section 10502 of title 10, United States Code, to
require that an officer appointed as the Chief of the National
Guard Bureau (CNGB) serve in the grade of general and be the
principal advisor to the Secretary of Defense, through the
Chairman of the Joint Chiefs of Staff (CJCS), on National Guard
matters. The provision would also designate the CNGB as an
advisor on National Guard matters to the commanders of the
United States Northern Command and to the Secretary of Homeland
Security. Additionally, the provision would describe the
appointment process by which officers would be recommended to
the President for appointment as CNGB.
The Senate amendment contained similar provisions (secs.
533 and 1802(b)) that would establish additional criteria for
appointment of CNGB in the grade of general, repeal the age 64
limitation on service of an officer serving as CNGB, designate
the CNGB as an advisor to the Secretary of Defense through the
CJCS on matters involving non-federalized National Guard forces
and on other matters as determined by the Secretary of Defense,
and authorize the President to defer the retirement of an
officer serving as CNGB until the first day of the month
following the month in which the officer becomes 68 years of
age.
The House recedes with an amendment that would designate
the CNGB as a principal advisor to the Secretary of Defense,
through CJCS, on matters involving non-federalized National
Guard forces and on other matters as determined by the
Secretary of Defense. The CNGB would also serve as principal
advisor to the Secretary and Chief of Staff of the Army and the
Secretary and 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.
The amendment would also delete as unnecessary the provision
relating to the deferral of retirement by the CNGB in view of
the revisions contained elsewhere in this conference report.
Establishment of National Guard Bureau as joint activity of Department
of Defense (sec. 1812)
The House bill contained a provision (sec. 1612) that
would amend section 10501 of title 10, United States Code, to
establish the National Guard Bureau (NGB) as a joint activity
of the Department of Defense, and would amend chapter 1011 of
title 10, United States Code, to require that the manpower
requirements of the NGB as a joint activity of the Department
of Defense be determined in accordance with regulations
prescribed by the Secretary of Defense, in consultation with
the Chairman of the Joint Chiefs of Staff.
The Senate amendment contained a similar provision (sec
1802(a)).
The Senate recedes.
The conferees concur with the views and recommendations
of the Commission on the National Guard and Reserves as set
forth in its report of March 1, 2007, with respect to the
designation of the NGB as a joint activity. Specifically, this
statutory amendment is intended to reflect the structure of the
NGB and should not result in any change in the day-to-day
relationship between the Chief of the NGB and the Secretaries
of the Army and Air Force and their respective staffs. The
conferees encourage the Secretary of Defense to modify the
charter of the NGB accordingly and to consult with the
Secretary of the Army and the Secretary of the Air Force, as
well as the Chairman of the Joint Chiefs of Staff, in
developing regulations to determine the manpower requirements
of the NGB.
Enhancement of functions of National Guard Bureau (sec. 1813)
The House bill contained a provision (sec. 1613) that
would amend section 10503 of title 10, United States Code, to
expand the National Guard Bureau (NGB) charter to include
facilitation and coordination with other federal agencies, the
adjutants general of the States, United States Northern
Command, and United States Joint Forces Command on the use of
National Guard personnel and resources in the conduct of
operations under title 32 of the United States Code, or in
support of State missions, and would require the Secretary of
Defense, in consultation with the Secretary of the Army and
Secretary of the Air Force, to develop the charter for the NGB.
The House bill contained another provision (sec. 1616)
that would make conforming and clerical amendments regarding
section 10503 of title 10, United States Code.
The Senate amendment contained similar provisions (secs.
532 and 1802(c)).
The Senate recedes with an amendment that would expand
the NGB charter to include assisting the Secretary of Defense
in facilitating and coordinating with other federal agencies,
the adjutants general of the States, United States Northern
Command, and United States Joint Forces Command on the use of
National Guard personnel and resources in the conduct of
operations under title 32 of the United States Code, or in
support of State missions.
The conferees agree with the view of the Commission on
the National Guard and Reserves that the charter of the NGB
does not reflect some of the NGB's key roles and
responsibilities and needs to be updated. The conferees also
concur with the Commission that the NGB should continue to
report to and work with the Secretaries and Chiefs of Staff of
the Army and Air Force in coordinating the use of National
Guard units.
Requirement for Secretary of Defense to prepare plan for response to
natural disasters and terrorist events (sec. 1814)
The House bill contained a provision (sec. 1614) that
would require the Secretary of Defense to prepare and submit to
Congress an annual plan for coordinating the use of the
National Guard and members of the armed forces on active duty
when responding to natural disasters, acts of terrorism, and
other man-made disasters. The Secretary of Defense would be
required to prepare and submit the plan to Congress not later
than March 1, 2008, and each March 1 thereafter.
The Senate amendment contained a similar provision (sec.
1806).
The Senate recedes with an amendment that would require
the Secretary of Defense to consult with the Secretary of
Homeland Security, the Chairman of the Joint Chiefs of Staff,
the Commander of the United States Northern Command, and the
Chief of the National Guard Bureau in the preparation of the
plan, and would require the Secretary of Defense to submit an
update of the plan no later than June 1, 2010.
The conferees urge the Secretary of Defense, as part of
the response planning required by this provision, to address
the nature of command relationships under which troops will
operate during particular contingencies and ensure, as
recommended by the Commission on the National Guard and
Reserves, that necessary agreements are entered into as soon as
practicable.
Determination of Department of Defense civil support requirements (sec.
1815)
The House bill contained a provision (sec. 1615) that
would require the Secretary of Defense to determine the
military-unique capabilities needed to be provided by the
Department of Defense to support civil authorities in an
incident of national significance or a catastrophic incident,
and, in coordination with the secretaries of the military
departments and the Chairman of the Joint Chiefs of Staff, to
develop and implement a plan for providing the necessary funds
and resources.
The Senate amendment contained a provision (sec.
1802(b)(3)) that would amend section 10504 of title 10, United
States Code, to require the Chief of the National Guard Bureau
to submit a report to Congress on the validated requirements
for military assistance to civil authorities.
The Senate recedes with an amendment that would require
the Secretary of Defense to consult with the Secretary of
Homeland Security in determining the required military-unique
capabilities.
Subtitle B--Additional Reserve Component Enhancement
United States Northern Command (sec. 1821)
The House bill contained a provision (sec. 1621) that
would require the Chairman of the Joint Chiefs of Staff to
review the civilian and military positions, job descriptions,
and assignments within the United States Northern Command
(NORTHCOM). The provision would also require the Secretary of
Defense to establish procedures under which an officer who is
on active duty or an officer who is on full-time National Guard
duty may command mixed-status forces for homeland defense
missions, domestic emergency responses, and providing military
support to civil authorities.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Chairman of the Joint Chiefs of Staff to conduct the
manpower review of NORTHCOM with a goal of assessing the
feasibility of significantly increasing the number of reserve
component members assigned to, and civilians employed by,
NORTHCOM who have experience in the planning, training, and
employment of forces for homeland defense missions, domestic
emergency response, and providing military support to civil
authorities.
Council of Governors (sec. 1822)
The House bill contained a provision (sec. 1622) that
would require the President to establish a bipartisan Council
of Governors to advise the Secretary of Defense, the Secretary
of Homeland Security, and the White House Homeland Security
Council on matters related to the National Guard and civil
support missions.
The Senate amendment contained no similar provision.
The Senate recedes.
Plan for Reserve Forces Policy Board (sec. 1823)
The House bill contained a provision (sec. 1623) that
would amend section 10301 of title 10, United States Code, to
replace the Reserve Forces Policy Board with a Reserve
Components Policy Board consisting of 15 members appointed from
civilian life by the Secretary of Defense to provide
independent advice and recommendations on strategies, policies,
and practices designed to improve and enhance the capabilities,
efficiency, and effectiveness of the reserve components of the
United States.
The Senate amendment contained a similar provision (sec
531).
The House recedes with an amendment that would require
the Secretary of Defense to develop a plan to implement
revisions that the Secretary determines necessary in the
designation, organization, membership, functions, procedures,
and legislative framework of the Reserve Forces Policy Board.
The plan must be consistent with the findings, conclusions, and
recommendations included in the report of the Commission on the
National Guard and Reserves of March 1, 2007, and, to the
extent possible, take into account the views and
recommendations of civilian and military leaders, past chairmen
of the Reserve Forces Policy Board, private organizations with
expertise and interest in Department of Defense organization,
and other individuals or groups in the discretion of the
Secretary.
High-level positions authorized or required to be held by reserve
component general or flag officers (sec. 1824)
The House bill contained a provision (sec. 1624) that
would amend section 526(b)(2) of title 10, United States Code,
to increase from 10 to 15 the number of general and flag
officer positions on the staffs of the commanders of combatant
commands that may be held by reserve component officers. The
provision would also require the Chairman of the Joint Chiefs
of Staff to designate up to three general and flag officer
positions in the grade of lieutenant general or vice admiral
that must be held by reserve component officers and provide
that one of these positions must be the deputy commander of the
combatant command whose geographic area of responsibility
includes the United States.
The Senate amendment contained a provision (sec. 1803)
that would express the sense of Congress that, whenever
officers are considered for promotion to lieutenant general or
vice admiral, qualified officers in the reserve components
should be considered for promotion to that grade. The Senate
amendment also contained a provision (sec. 1805) that would
require that a position of Deputy Commander of United States
Northern Command (NORTHCOM) be filled by a qualified officer of
the National Guard eligible for promotion to the grade of
lieutenant general.
The Senate recedes with an amendment that would: (1)
express the sense of Congress that whenever officers are
considered for promotion to lieutenant general or vice admiral,
qualified officers in the reserve components should be
considered for promotion to that grade; (2) amend section
164(e) of title 10, United States Code, to require that at
least one deputy commander of NORTHCOM be a National Guard
officer who is eligible for promotion to the grade of O-9
unless a National Guard officer is the commander of NORTHCOM;
and (3) increase from 10 to 15 the number of general and flag
officer positions on the staffs of the commanders of combatant
commands that may be held by reserve component officers below
the grade of lieutenant general or vice admiral.
Retirement age and years of service limitations on certain reserve
general and flag officers (sec. 1825)
The House bill contained a provision (sec. 1625) that
would amend section 14511 of title 10, United States Code, to
specify the age at which reserve officers in the rank of
general or admiral would be required to retire and limit their
total service to 40 years. The provision would also amend
section 14512 of title 10, United States Code, to exclude the
Chief of the National Guard Bureau from its coverage and to
require waiver by the President to allow the Chief of the Navy
Reserve or the Commander of the Marine Forces Reserve to serve
beyond age 64.
The Senate amendment contained a provision (sec. 533(e))
that would amend section 14512(a) of title 10, United States
Code, to authorize the President to defer until age 68 the
retirement of a reserve officer of the Army or Air Force
serving as Chief of the National Guard Bureau, Chief of the
Army Reserve, Chief of the Air Force Reserve, Director of the
Army National Guard, Director of the Air National Guard, an
adjutant general, or the commanding general of the troops of a
State.
The Senate recedes with an amendment that would modify
section 14511 of title 10, United States Code, to provide that
reserve officers in the grade of major general or rear admiral
and above must retire at age 64 unless waivers to age 66 or 68
are authorized by the Secretary of Defense or the President
respectively. The amendment would also modify section 14512 to
authorize the Secretary of Defense to defer the retirement
until age 66 of the Chief of the Navy Reserve and the Commander
of the Marine Forces Reserve.
Additional reporting requirements relating to National Guard equipment
(sec. 1826)
The House bill contained a provision (sec. 1626) that
would amend section 10541 of title 10, United States Code, to
add two additional reporting requirements to the annual report
to Congress on National Guard and reserve component equipment:
(1) a statement of the accuracy of the previous inventory
projection, and if the projection was not met, an explanation
of why it was not met, and (2) a certification from the Chief
of the National Guard Bureau setting forth an inventory for the
preceding fiscal year of each item of equipment for which funds
were appropriated and which was due to be procured during that
fiscal year which has not been received by a National Guard
unit as of the close of that fiscal year.
The Senate amendment contained an identical provision
(sec. 1807).
The conference agreement includes this provision.
Legislative Provision Not Adopted
Promotion of reserve officers to lieutenant general grade
The Senate amendment contained a provision (sec. 1804)
that would amend section 10506(a)(3) of title 10, United States
Code, to require that service of an officer as adjutant general
be treated as joint duty experience, and would require the
Secretaries of the Army and Air Force to review and report to
the congressional defense committees on the promotion practices
of their military departments for the promotion of reserve
officers from major general to lieutenant general.
The House bill contained no similar provision.
The Senate recedes.
Division B--Military Construction Authorizations
Budget Items
Summary and explanation of funding tables
Division B of this Act authorizes funding for military
construction projects of the Department of Defense. It includes
funding authorizations for the construction and operation of
military family housing as well as military construction for
the reserve components, the defense agencies, and the North
Atlantic Treaty Organization (NATO) Security Investment
program. It also provides authorization for the base closure
accounts that fund military construction, environmental
cleanup, and other activities required to implement the
decisions in base closure rounds.
The following tables provide the project-level
authorizations for the military construction funding authorized
in Division B of this Act and summarize that funding by
account. Funding for base closure projects is explained in
additional detail in the table included in title XXVII of this
report.
The budget request for fiscal year 2008 included
authorization of appropriations for military construction and
housing programs totaling $21.2 billion. Of this amount: $9.8
billion was requested for military construction; $2.9 billion
for the construction and operation of family housing; and $8.4
for base closure activities, including $8.2 billion to
implement the results of the 2005 Base Realignment and Closure
(BRAC) round.
The original budget request also proposed an additional
$907.9 million in emergency spending for Army military
construction projects in Iraq and Afghanistan and Navy military
construction projects in the United States related to the
administration's proposal to grow the size of the Marine Corps.
The President's October budget amendment requested an
additional $1.5 billion in emergency funding for military
construction and base closure, for a total emergency request of
$2.4 billion in addition to the $21.2 billion request in the
base budget, bringing the total military construction request
to $23.6 billion.
Authorizations for which emergency funding was requested
and additional appropriations for domestic and overseas
projects are contained in title XXIX of this Act.
Including all funding in Division B of this Act, the
conferees recommend authorization of appropriations for
military construction and housing programs totaling $23.7
billion. The total amount authorized for appropriations
reflects the continuing commitment of Congress to invest in the
recapitalization of Department of Defense facilities and
infrastructure to improve the quality of life and quality of
work of our service members and their families.
Included in this conference report are projects not
contained in either bill which were not included in the normal
authorization and appropriation legislation as a result of a
decision by the Committee on Appropriations of the House of
Representatives to modify their traditional procedures. These
projects were eventually voted on and approved by the House of
Representatives in appropriations legislation on November 6,
2007, approximately 5 weeks after the Senate requested a
conference and appointed conferees on this legislation. Because
these projects have been approved by the House of
Representatives, and as a matter of comity, the conferees
agreed to consider and authorize them in this legislation. But
the conferees consider the process that was followed in this
case to be an exception and by authorizing these projects do
not intend to establish a precedent or commit to following such
a process in the future.
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Legislative Provisions Adopted
Short title (sec. 2001)
The House bill contained a provision (sec. 2001) that
would designate Division B of this Act as the Military
Construction Authorization Act for Fiscal Year 2008.
The Senate amendment contained an identical provision
(sec. 2001).
The conference agreement includes this provision.
Expiration of authorizations and amounts required to be specified by
law (sec. 2002)
The House bill contained a provision (sec. 2701) that
would establish the expiration date for authorizations in this
Act for military construction projects, repair of real
property, land acquisition, family housing projects, and
contributions to the North Atlantic Treaty Organization
infrastructure program, as of October 1, 2010, or the date of
enactment of an act authorizing funds for military construction
for fiscal year 2011, whichever is later.
The Senate amendment contained a similar provision (sec.
2802).
The House recedes.
Legislative Provision Not adopted
Effective date
The House bill contained a provision (sec. 2704) that
would provide that titles XXI, XXII, XXIII, XXIV, XXV, and XXVI
of this Act shall take effect on October 1, 2007, or the date
of enactment of this Act, whichever is later.
The Senate amendment contained an identical provision
(sec. 2801).
Because the conference report was not adopted prior to
October 1, 2007, this provision is no longer required and was
not included in the conference agreement.
TITLE XXI--ARMY
Budget Items
Summary
The fiscal year 2008 budget request for Army military
construction included ``placeholders'' of $2.4 billion related
to facilities to support the administration's ``Grow the
Force'' proposal to increase the size of the Army. On March 30,
2007, the Army provided a detailed breakout and supporting
budget justification materials to Congress requesting a
specific allocation of these funds. While this was not an
official administration budget amendment, the conferees have
reviewed this request and included these proposed changes in
the conference agreement. These projects are identified in the
State list table included in this report.
The conferees have reduced the amounts authorized to be
appropriated for fiscal year 2008 for projects for which a
substantial amount of the full cost of the project cannot be
executed in fiscal year 2008, including projects to support the
stationing of a full brigade complex at Vicenza, Italy, and the
funding requested for a new headquarters facility for the U.S.
Southern Command in Miami, Florida. The conferees have provided
full project authorizations for these projects, and these
reductions to the authorization of appropriations were made
without prejudice to the projects. The conferees encourage the
Army to request the balance of the funding for these projects
in the fiscal year 2009 budget.
Funding for a project at Eglin Air Force Base, Florida
was eliminated because the project could not be executed in
fiscal year 2008 based on the current schedule for the required
environmental analysis.
The congressional defense committees and the Department
of Defense have traditionally analyzed requirements and funding
for mission projects and quality of life projects as important
and distinct categories. Two projects requested by the Army
blur these distinctions. The first is a headquarters facility
for the U.S. Southern Command in Miami, which included funding
for a child development center inside the overall project cost
for the headquarters. The second is a brigade complex
maintenance facility at Fort Drum, New York that combined
funding for a dining facility with funding for mission-oriented
projects such as vehicle maintenance shops. The conferees have
authorized the mission and quality of life elements as separate
projects in these cases. However, the conferees direct the
Army, and the other elements of the Department of Defense, to
refrain from combining mission facilities and quality of life
facilities into single project requests in future budget
submissions.
The conferees also separately authorized funding
requested within a project for Vicenza that is actually
intended for a separate installation. The conferees also direct
the Department to refrain from including projects at disparate
installations in a single project line in the future.
Item of Special Interest
Unspecified minor construction, Army
The conferees agree that of the funds authorized for
appropriation for unspecified minor construction for the Army,
the following amounts may be made available: Hawthorne Army
Depot, Nevada-Wabuska rail spur, $1.4 million; and Camp Rudder,
Eglin Air Force Base, Florida, dining facility, $1.5 million.
Legislative Provisions Adopted
Authorized Army construction and land acquisition projects (sec. 2101)
The House bill contained a provision (sec. 2101) that
would authorize military construction projects for the active
component of the Army for fiscal year 2008.
The Senate amendment contained a similar provision (sec.
2101).
The conference agreement includes this provision.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table at the beginning of the statement of
managers of Division B of this conference report provides the
binding list of specific construction projects authorized at
each location.
Family housing (sec. 2102)
The House bill contained a provision (sec. 2102) that
would authorize new construction and planning and design of
family housing units for the Army for fiscal year 2008. It
would also authorize funds for facilities that support family
housing, including housing management offices and housing
maintenance and storage facilities.
The Senate amendment contained a similar provision (sec.
2102).
The Senate recedes.
Improvements to military family housing units (sec. 2103)
The House bill contained a provision (sec. 2103) that
would authorize funding for fiscal year 2008 to improve
existing Army family housing units.
The Senate amendment contained an identical provision
(sec. 2103).
The conference agreement includes this provision.
Authorization of appropriations, Army (sec. 2104)
The House bill contained a provision (sec. 2104) that
would authorize appropriations for the active component
military construction and family housing projects of the Army
for fiscal year 2008. This provision would also provide an
overall limit on the cost of the fiscal year 2008 military
construction and family housing projects authorized for the
active-duty component of the Army.
The Senate amendment contained a similar provision (sec.
2204).
The conference agreement includes this provision.
Termination of authority to carry out fiscal year 2007 Army projects
for which funds were not appropriated (sec. 2105)
The Senate amendment contained a provision (sec. 2105)
that would repeal the project authorizations and authorization
of appropriations for Army military construction projects
authorized in fiscal year 2007 for which no funds were
appropriated. No appropriations were provided in fiscal year
2007 for projects that were authorized but were not included in
the President's original budget request.
The House bill contained no similar provision.
The House recedes.
The entire list of fiscal year 2007 active-component Army
projects for which the authorizations would be repealed
follows. The conferees have provided new authorizations for
some of these projects for fiscal year 2008. Those projects
that received new fiscal year 2008 authorizations can be found
in the State list of fiscal year 2008 projects contained in
this report.
The conferees urge the Department of Defense and the
military departments to review any projects on this list that
are not authorized and appropriated in fiscal year 2008 and re-
insert those projects, if the requirements are still valid, in
the fiscal year 2009 future-years defense program.
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Technical amendments to Military Construction Authorization Act for
Fiscal Year 2007 (sec. 2106)
The Senate amendment contained a provision (sec. 2108)
that would make two corrections to the table of project
authorizations in section 2101 of the Military Construction
Authorization Act for Fiscal Year 2007 (Division B of Public
Law 109-364). One amendment would modify the name of a specific
location of a project in Romania to reflect a modification of
the original plan. This modification was proposed by the Army
and understood by the conferees prior to the adoption of the
fiscal year 2007 legislation. The second amendment would
correct an enrolling error and align the text of the public law
with the text of the conference report.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Modification of authority to carry out certain fiscal year 2006
projects (sec. 2107)
The House bill contained a provision (sec. 2105) that
would amend section 2101 of the Military Construction
Authorization Act for Fiscal Year 2006 (Division B of Public
Law 109-163) to increase the project authorizations for Fort
Bragg, North Carolina by $7.0 million. This increase was
requested by the Department of Defense in its legislative
proposal to Congress.
The Senate amendment contained an identical provision
(sec. 2106).
The conference agreement includes this provision.
Extension of authorization of certain fiscal year 2005 project (sec.
2108)
The Senate amendment contained a provision (sec. 2107)
that would extend the authorization for an Army fiscal year
2005 military construction project at Schofield Barracks,
Hawaii, until October 1, 2008, or the date of enactment of an
act authorizing funds for military construction for fiscal year
2009, whichever is later.
The House bill contained this extension in a broader
provision extending authorizations for certain fiscal year 2005
projects across the Department of Defense (sec. 2702).
The House recedes with a technical amendment.
The conferees note that this extension was requested by
the Department of Defense in their legislative proposal to
Congress.
Ground lease, SOUTHCOM headquarters facility, Miami-Doral, Florida
(sec. 2109)
The Senate amendment contained a provision (sec. 2109)
that would require amendments to the existing ground lease
agreement between the United States Government and the State of
Florida for the land proposed as the site of a new headquarters
for the U.S. Southern Command (SOUTHCOM) before the Secretary
of the Army could begin construction of the headquarters. The
amendment would allow flexibility for the use of this facility
by other federal agencies in the event future requirements
change, and would require the lease term to extend to 2055
rather than for 20 years.
The House bill contained a similar provision (sec. 2834).
The House recedes.
The conferees understand the State of Florida is willing
to make these modifications to the lease agreement.
TITLE XXII--NAVY
Budget Items
Summary
The budget request for Navy military construction
included ``placeholders'' of $382.9 million related to
facilities to support the administration's ``Grow the Force''
proposal to increase the size of the Marine Corps. On April 20,
2007, the Navy provided a detailed breakout and supporting
budget justification materials to Congress requesting a
specific allocation of these funds. While this was not an
official administration budget amendment, the conferees have
reviewed this request and included these proposed changes in
the conference agreement. These projects are identified in the
State list table included in this report.
The conferees have reduced the amounts authorized to be
appropriated for fiscal year 2008 for projects for which a
substantial amount of the full cost of the project cannot be
executed in fiscal year 2008, including a submarine magnetic
silencing facility at Pearl Harbor, Hawaii, and the Kilo Wharf
project in Guam. The conferees have provided full project
authorizations for these projects, and these reductions to the
authorization of appropriations were made without prejudice to
the projects. The conferees encourage the Navy to request the
balance of the funding for these projects in the fiscal year
2009 budget.
Legislative Provisions Adopted
Authorized Navy construction and land acquisition projects (sec. 2201)
The House bill contained a provision (sec. 2201) that
would authorize military construction projects for the active
component of the Navy and Marine Corps for fiscal year 2008.
The Senate amendment contained a similar provision (sec.
2201).
The conference agreement includes this provision.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table at the beginning of the statement of
managers of Division B of this conference report provides the
binding list of specific construction projects authorized at
each location.
Family housing (sec. 2202)
The House bill contained a provision (sec. 2202) that
would authorize new construction and planning and design of
family housing units for the Navy for fiscal year 2008. It
would also authorize funds for facilities that support family
housing, including housing management offices and housing
maintenance and storage facilities.
The Senate amendment contained a similar provision (sec.
2202).
The conference agreement includes this provision.
Improvements to military family housing units (sec. 2203)
The House bill contained a provision (sec. 2203) that
would authorize funding for fiscal year 2008 to improve
existing Navy and Marine Corps family housing units.
The Senate amendment contained an identical provision
(sec. 2203).
The conference agreement includes this provision.
Authorization of appropriations, Navy (sec. 2204)
The House bill contained a provision (sec. 2204) that
would authorize appropriations for the active component
military construction and family housing projects of the
Department of the Navy for fiscal year 2008. This provision
would also provide an overall limit on the cost of the fiscal
year 2008 military construction and family housing projects
authorized for the active-duty component of the Navy and Marine
Corps.
The Senate amendment contained a similar provision (sec.
2204).
The conference agreement includes this provision.
Termination of authority to carry out fiscal year 2007 Navy projects
for which funds were not appropriated (sec. 2205)
The Senate amendment contained a provision (sec. 2205)
that would repeal the project authorizations and authorization
of appropriations for Navy military construction projects
authorized in fiscal year 2007 for which no funds were
appropriated. No appropriations were provided in fiscal year
2007 for projects that were authorized but were not included in
the President's original budget request.
The House bill contained no similar provision.
The House recedes.
The entire list of fiscal year 2007 active-component Navy
projects for which the authorizations would be repealed
follows. The conferees have provided new authorizations for
some of these projects for fiscal year 2008. Those projects
that received new fiscal year 2008 authorizations can be found
in the State list of fiscal year 2008 projects contained in
this report.
The conferees urge the Department of Defense and the
military departments to review any projects on this list that
are not authorized and appropriated in fiscal year 2008 and re-
insert those projects, if the requirements are still valid, in
the fiscal year 2009 future-years defense program.
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Modification of authority to carry out certain fiscal year 2005 project
(sec. 2206)
The Senate amendment contained a provision (sec. 2206)
that would amend section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2005 (Public Law 108-375) as
amended by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2006 (Public Law 109-163),
and further amended by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2007 (Public Law
109-364), to increase the authorized cost for a project at the
Strategic Weapons Facility, Bangor, Washington.
The House bill contained no similar provision.
The House recedes.
The conferees note that this increase was requested by
the Department of the Navy.
Repeal of authorization for construction of Navy outlying landing
field, Washington County, North Carolina (sec. 2207)
The House bill contained a provision (sec. 2205) that
would amend section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2004 (Public Law 108-136), as
amended, and section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2005 (Public Law 108-375), as
amended, to repeal the authority for construction of an
outlying landing field at Washington County, North Carolina.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees expect the Department of the Navy to
request new authorization for an outlying field once a study of
the impact to the environment is completed and a site is
selected.
TITLE XXIII--AIR FORCE
Legislative Provisions Adopted
Authorized Air Force construction and land acquisition projects (sec.
2301)
The House bill contained a provision (sec. 2301) that
would authorize Air Force military construction projects for
fiscal year 2008.
The Senate amendment contained a similar provision (sec.
2301).
The conference agreement includes this provision.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table at the beginning of the statement of
managers of Division B of this conference report provides the
binding list of specific construction projects authorized at
each location.
Family housing (sec. 2302)
The House bill contained a provision (sec. 2302) that
would authorize new construction and planning and design of
family housing units for the Air Force for fiscal year 2008. It
would also authorize funds for facilities that support family
housing, including housing management offices and housing
maintenance and storage facilities.
The Senate amendment contained an identical provision
(sec. 2302).
The conference agreement includes this provision.
Improvements to military family housing units (sec. 2303)
The House bill contained a provision (sec. 2303) that
would authorize funding for fiscal year 2008 to improve
existing Air Force family housing units.
The Senate amendment contained an identical provision
(sec. 2303).
The conference agreement includes this provision.
Authorization of appropriations, Air Force (sec. 2304)
The House bill contained a provision (sec. 2304) that
would authorize appropriations for the active component
military construction and family housing projects of the Air
Force for fiscal year 2008. This provision would also provide
an overall limit on the cost of the fiscal year 2008 military
construction and family housing projects authorized for the
active-duty component of the Air Force.
The Senate amendment contained a similar provision (sec.
2304).
The conference agreement includes this provision.
Termination of authority to carry out fiscal year 2007 Air Force
projects for which funds were not appropriated (sec. 2305)
The Senate amendment contained a provision (sec. 2305)
that would repeal the project authorizations and authorization
of appropriations for Air Force military construction projects
authorized in fiscal year 2007 for which no funds were
appropriated. No appropriations were provided in fiscal year
2007 for projects that were authorized but were not included in
the President's original budget request.
The House bill contained no similar provision.
The House recedes with an amendment that would provide an
exception for projects for which a contract was awarded during
fiscal year 2007. The conferees note that this would apply only
to a project at Robins Air Force Base, Georgia.
The entire list of fiscal year 2007 active-component Air
Force projects for which the authorizations would be repealed
follows. The conferees have provided new authorizations for
some of these projects for fiscal year 2008. Those projects
that received new fiscal year 2008 authorizations can be found
in the State list of fiscal year 2008 projects contained in
this report.
The conferees urge the Department of Defense and the
military departments to review any projects on this list that
are not authorized and appropriated in fiscal year 2008 and re-
insert those projects, if the requirements are still valid, in
the fiscal year 2009 future-years defense program.
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Modification of authority to carry out certain fiscal year 2006 project
(sec. 2306)
The House bill contained a provision (sec. 2305) that
would amend section 2301 of the Military Construction
Authorization Act for Fiscal Year 2006 (Division B of Public
Law 109-163) to increase project authorizations for MacDill Air
Force Base, Florida by $25.0 million.
The Senate amendment contained a similar provision (sec.
2306).
The Senate recedes.
The conferees note that this increase was requested by
the Department of Defense in its legislative proposal to
Congress.
Extension of authorizations of certain fiscal year 2005 projects (sec.
2307)
The Senate amendment contained a provision (sec. 2307)
that would extend the authorization for several fiscal year
2005 Air Force military construction projects until October 1,
2008, or the date of enactment of an act authorizing funds for
military construction for fiscal year 2009, whichever is later.
The House bill contained a similar list of extensions in
a broader provision extending authorizations for certain fiscal
year 2005 projects across the Department of Defense (sec.
2702).
The House recedes with a technical amendment.
The conferees note that these extensions were requested
by the Air Force.
Extension of authorizations of certain fiscal year 2004 projects (sec.
2308)
The Senate amendment contained a provision (sec. 2308)
that would extend the authorization for certain fiscal year
2005 Air Force military construction projects until October 1,
2008, or the date of enactment of an act authorizing funds for
military construction for fiscal year 2009, whichever is later.
The House bill contained an identical list of extensions
in a broader provision extending authorizations for certain
fiscal year 2004 projects across the Department of Defense
(sec. 2703).
The House recedes with a technical amendment.
The conferees note that these extensions were requested
by the Department of Defense in their legislative proposal to
Congress.
TITLE XXIV--DEFENSE AGENCIES
Budget Items
Summary
The Department of Defense requested funding for chemical
demilitarization as a new separate funding title. The
conference agreement continues to fund this program in title
XXIV, as in previous years.
The conferees have reduced the amounts authorized to be
appropriated for fiscal year 2008 for projects for which a
substantial amount of the full cost of the project cannot be
executed in fiscal year 2008, including a Special Operations
facility at Dam Neck, Virginia, and a Defense Logistics Agency
project at Point Loma, California. The conferees have provided
full project authorizations for these projects, and these
reductions to the authorization of appropriations were made
without prejudice to the projects. The conferees encourage the
Department to request the balance of the funding for these
projects in the fiscal year 2009 budget.
No authorization was provided for a Special Operations
Forces headquarters facility at Little Creek, Virginia, based
on information from the Commander, United States Special
Operations Command, that this project is not required at this
time.
Legislative Provisions Adopted
Authorized defense agencies construction and land acquisition projects
(sec. 2401)
The House bill contained a provision (sec. 2401) that
would authorize military construction projects for the defense
agencies for fiscal year 2008.
The Senate amendment contained a similar provision (sec.
2401).
The conference agreement includes this provision.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table at the beginning of the statement of
managers of Division B of this conference report provides the
binding list of specific construction projects authorized at
each location.
Energy conservation projects (sec. 2402)
The House bill contained a provision (sec. 2402) that
would authorize the Secretary of Defense to carry out energy
conservation projects.
The Senate amendment contained a similar provision (sec.
2402).
The House recedes with a technical amendment.
Authorization of appropriations, defense agencies (sec. 2403)
The House bill contained a provision (sec. 2404) that
would authorize appropriations for the military construction
projects of the defense agencies for fiscal year 2008. This
provision would also provide an overall limit on the cost of
the fiscal year 2008 military construction projects authorized
for the defense agencies.
The Senate amendment contained a similar provision (sec.
2403).
The conference agreement includes this provision.
Termination or modification of authority to carry out fiscal year 2007
defense agencies projects (sec. 2404)
The Senate amendment contained a provision (sec. 2404)
that would repeal the project authorizations and authorization
of appropriations for defense agency military construction
projects authorized in fiscal year 2007 for which no funds were
appropriated. No appropriations were provided in fiscal year
2007 for projects that were authorized but were not included in
the President's original budget request.
The House bill contained no similar provision.
The House recedes with a technical amendment.
The entire list of fiscal year 2007 defense agency
projects for which the authorizations would be repealed
follows. The conferees have provided new authorizations for
some of these projects for fiscal year 2008. Those projects
that received new fiscal year 2008 authorizations can be found
in the State list of fiscal year 2008 projects contained in
this report.
The conferees urge the Department of Defense to review
any projects on this list that are not authorized and
appropriated in fiscal year 2008 and re-insert those projects,
if the requirements are still valid, in the fiscal year 2009
future-years defense program.
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Munitions demilitarization facilities, Blue Grass Army Depot, Kentucky,
and Pueblo Chemical Activity, Colorado (sec. 2405)
The Senate amendment contained a provision (sec. 2406)
that would permit the Secretary of Defense to transfer, subject
to certain certifications, authorizations in this Act for
military construction for the defense agencies in order to
provide additional funds to accelerate the construction of
previously authorized facilities for the destruction of
chemical weapons at Blue Grass Army Depot, Kentucky, and Pueblo
Chemical Activity, Colorado. The amendment would set forth a
maximum amount that could be transferred for each facility.
The House bill contained no similar provision.
The House recedes with a technical amendment. The
conferees expect any authorizations transferred under the
authority of this section to be derived from bid savings, not
from the cancellation of other projects.
Extension of authorizations of certain fiscal year 2005 projects (sec.
2406)
The Senate amendment contained a provision (sec. 2405)
that would extend the authorization for certain fiscal year
2005 military construction projects until October 1, 2008, or
the date of enactment of an act authorizing funds for military
construction for fiscal year 2009, whichever is later.
The House bill contained an identical list of extensions
in a broader provision extending authorizations for certain
fiscal year 2005 projects across the Department of Defense
(sec. 2702).
The House recedes with a technical amendment.
Legislative Provision Not Adopted
Wounded warrior facility support
The House bill contained a provision (sec. 2405) that
would reallocate funding in the base closure account to
accelerate or enhance medical care facilities related to the
establishment of the Walter Reed National Medical Center.
The Senate amendment contained no similar provision.
The House recedes.
The conference outcome is reflected in the tables in this
conference report. The conferees note that the elements of this
provision were incorporated in the budget amendment submitted
by the President on October 22, 2007, and are authorized in
title XXIX of this Act.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Legislative Provisions Adopted
Authorized NATO construction and land acquisition projects (sec. 2501)
The House bill contained a provision (sec. 2501) that
would authorize the Secretary of Defense to make contributions
to the North Atlantic Treaty Organization (NATO) Security
Investment Program in an amount equal to the sum of the amount
specifically authorized in section 2502 of this title and the
amount of recoupment due to the United States for construction
previously financed by the United States.
The Senate amendment contained an identical provision
(sec. 2501).
The conference agreement includes this provision.
Authorization of appropriations, NATO (sec. 2502)
The House bill contained a provision (sec. 2502) that
would authorize appropriations of $201.4 million for the United
States' contribution to the North Atlantic Treaty Organization
(NATO) Security Investment Program for fiscal year 2008.
The Senate amendment contained an identical provision
(sec. 2502).
The conference agreement includes this provision.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Budget Items
The conference agreement includes specific project
authorizations for Guard and reserve projects, in accordance
with the long-standing process used for active component
construction projects, in addition to the traditional
authorization of appropriations for Guard and reserve projects.
Items of Special Interest
Unspecified minor construction, Army National Guard
The conferees agree that of the funds authorized for
appropriation for unspecified minor construction for the Army
National Guard, the following amounts may be made available:
Marana, Arizona, fire station, Silverbell Army Heliport, $2.0
million; Camp Dodge, Iowa, main entrance, $1.5 million; Camp
Perry, Ohio, base engineering, operations, and classroom
facility, $1.5 million; Newton Falls, Ohio, training building
(#813) alteration, Ravenna Training and Logistics Site, $1.5
million; Kenai, Alaska, add/alter readiness center, $1.4
million; and Northfield, Vermont, billeting, regional readiness
tech center, $1.5 million.
Unspecified minor construction, Air National Guard
The conferees agree that of the funds authorized for
appropriation for unspecified minor construction for the Air
National Guard, the following amounts may be made available:
Duluth, Minnesota, replace storage facilities, $1.5 million;
and Rapid City, South Dakota, joint force headquarters,
$900,000.
Legislative Provisions Adopted
Authorized Army National Guard construction and land acquisition
projects (sec. 2601)
The Senate amendment contained a provision (sec. 2601)
that would authorize military construction projects for the
Army National Guard for fiscal year 2008.
The House bill contained no similar provision.
The House recedes with an amendment modifying the list of
projects authorized in this Act.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table at the beginning of the statement of
managers of Division B of this conference report provides the
binding list of specific construction projects authorized at
each location.
Authorized Army Reserve construction and land acquisition projects
(sec. 2602)
The Senate amendment contained a provision (sec. 2602)
that would authorize military construction projects for the
Army Reserve for fiscal year 2008.
The House bill contained no similar provision.
The House recedes with an amendment modifying the list of
projects authorized in this Act.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table at the beginning of the statement of
managers of Division B of this conference report provides the
binding list of specific construction projects authorized at
each location.
Authorized Navy Reserve and Marine Corps Reserve construction and land
acquisition projects (sec. 2603)
The Senate amendment contained a provision (sec. 2603)
that would authorize military construction projects for the
Navy Reserve and Marine Corps Reserve for fiscal year 2008.
The House bill contained no similar provision.
The House recedes with an amendment modifying the list of
projects authorized in this Act.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table at the beginning of the statement of
managers of Division B of this conference report provides the
binding list of specific construction projects authorized at
each location.
Authorized Air National Guard construction and land acquisition
projects (sec. 2604)
The Senate amendment contained a provision (sec. 2604)
that would authorize military construction projects for the Air
National Guard for fiscal year 2008.
The House bill contained no similar provision.
The House recedes with an amendment modifying the list of
projects authorized in this Act.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table at the beginning of the statement of
managers of Division B of this conference report provides the
binding list of specific construction projects authorized at
each location.
Authorized Air Force Reserve construction and land acquisition projects
(sec. 2605)
The Senate amendment contained a provision (sec. 2605)
that would authorize military construction projects for the Air
Force Reserve for fiscal year 2008.
The House bill contained no similar provision.
The House recedes.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table at the beginning of the statement of
managers of Division B of this conference report provides the
binding list of specific construction projects authorized at
each location.
Authorization of appropriations, National Guard and Reserve (sec. 2606)
The House bill contained a provision (sec. 2601) that
would authorize appropriations for reserve component military
construction projects for fiscal year 2008.
The Senate amendment contained a similar provision (sec.
2606).
The conference agreement includes this provision.
Termination of authority to carry out fiscal year 2007 Guard and
Reserve projects for which funds were not appropriated (sec.
2607)
The Senate amendment contained a provision (sec. 2607)
that would repeal the project authorizations and authorization
of appropriations for reserve component military construction
projects authorized in fiscal year 2007 for which no funds were
appropriated. No appropriations were provided in fiscal year
2007 for projects that were authorized but were not included in
the President's original budget request.
The House bill contained no similar provision.
The House recedes.
The entire list of fiscal year 2007 reserve component
projects for which the authorizations would be repealed
follows. The conferees have provided new authorizations for
some of these projects for fiscal year 2008. Those projects
that received new fiscal year 2008 authorizations can be found
in the State list of fiscal year 2008 projects contained in
this report.
The conferees urge the Department of Defense and the
military departments to review any projects on this list that
are not authorized and appropriated in fiscal year 2008 and re-
insert those projects, if the requirements are still valid, in
the fiscal year 2009 future-years defense program.
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Modification of authority to carry out fiscal year 2006 Air Force
Reserve construction and acquisition projects (sec. 2608)
The Senate amendment contained a provision (sec. 2608)
that would reduce the authorization of appropriations for
fiscal year 2006 Air Force Reserve projects. The provision
would eliminate the authorization to convert a hanger into a
headquarters for a C-17 unit at Elmendorf Air Force Base,
Alaska.
The House bill included no similar provision.
The House recedes.
Extension of authorizations of certain fiscal year 2005 projects (sec.
2609)
The Senate amendment contained a provision (sec. 2609)
that would extend the authorization of certain fiscal year 2005
military construction projects until October 1, 2008, or the
date of enactment of an act authorizing funds for military
construction for fiscal year 2009, whichever is later.
The House bill contained an identical list of extensions
in a broader provision extending authorizations for certain
fiscal year 2005 projects across the Department of Defense
(sec. 2702).
The House recedes with a technical amendment.
Extension of authorizations of certain fiscal year 2004 projects (sec.
2610)
The Senate amendment contained a provision (sec. 2610)
that would extend the authorization for certain fiscal year
2005 Army National Guard military construction projects until
October 1, 2008, or the date of enactment of an act authorizing
funds for military construction for fiscal year 2009, whichever
is later.
The House bill contained an identical list of extensions
in a broader provision extending authorizations for certain
fiscal year 2004 projects across the Department of Defense
(sec. 2703).
The House recedes with a technical amendment.
The conferees note that these extensions were requested
by the Department of Defense in their legislative proposal to
Congress.
TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES
Budget Items
Summary and explanation of tables
The budget request included $220.7 million for the
ongoing cost of environmental remediation and other activities
necessary to continue implementation of the 1988, 1991, 1993,
and 1995 Base Realignment and Closure (BRAC) rounds. The
conference agreement authorizes funding for these activities in
section 2701 of this Act, including an increase of $75.0
million to accelerate the cleanup of BRAC properties.
In addition, the budget requested an authorization of
appropriations of $8.2 billion for implementation of the 2005
BRAC round. Section 2703 of this Act authorizes appropriations
requested for BRAC activities in fiscal year 2008. Included in
the $8.2 billion requested for BRAC is an authorization of
appropriations for $6.4 billion in military construction
projects that would be initiated in fiscal year 2008. The full
project authorization amount of these projects is $8.7 billion.
Section 2702 of this Act provides the authorization for these
projects.
The conference agreement includes a general reduction to
the BRAC 2005 account that does not reduce the amount
authorized for any specific project.
The following table provides the specific amount
authorized for each BRAC military construction project as well
as the amount authorized for appropriations for all BRAC
activities, including military construction, environmental
costs, relocation and other operation and maintenance costs,
permanent change of station costs for military personnel, and
other BRAC costs.
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Legislative Provisions Adopted
Authorization of appropriations for base closure and realignment
activities funded through Department of Defense Base Closure
Account 1990 (sec. 2701)
The Senate amendment contained a provision (sec. 2701)
that would authorize appropriations for fiscal year 2008 for
ongoing activities that are required to implement the decisions
of the 1988, 1991, 1993, and 1995 base realignment and closure
(BRAC) rounds.
The House bill contained a similar provision (section
2404(a)(8)).
The House recedes with an amendment to the amount
authorized.
Authorized base closure and realignment activities funded through
Department of Defense base closure account 2005 (sec. 2702)
The House bill contained a provision (sec. 2403) that
would authorize military construction projects for fiscal year
2008 that are required to implement the decisions of the 2005
Defense Base Realignment and Closure round.
The Senate amendment contained a similar provision (sec.
2702).
The House recedes with an amendment to the amounts
authorized.
The table included in this title of the report lists the
specific amounts authorized at each location.
Authorization of appropriations for base closure and realignment
activities funded through Department of Defense Base Closure
Account 2005 (sec. 2703)
The House bill contained a provision (sec. 2404(a)(9))
that would authorize appropriations for the Department of
Defense for military construction projects for fiscal year 2008
that are required to implement the decisions of the 2005
Defense Base Realignment and Closure round.
The Senate amendment contained a similar provision (sec.
2703) that would also specify the amount authorized for each
military department and for the defense agencies.
The House recedes with an amendment to the amounts
authorized.
The State list contained in this report is the binding
list of the specific projects authorized at each location for
the purposes of notifications under section 2704 of this Act.
Authorized cost and scope of work variations (sec. 2704)
The Senate amendment contained a provision (sec. 2704)
that would require that each Base Realignment and Closure
(BRAC) military construction project carried out with amounts
authorized for appropriations by sections 2701 and 2703 of this
title be subject to the limits on cost and scope variations
contained in section 2853 of title 10, United States Code.
Furthermore, this provision would establish, as a baseline for
the determination of variations, the cost and scope contained
in the military construction project data for each project
provided to the congressional defense committees annually in
justification material accompanying each President's budget
request.
The House bill contained no similar provision.
The House recedes with an amendment to the thresholds
that trigger cost variation reports and would require a one-
time report on cost or scope variations on existing BRAC
construction projects for the 2005 base closure round. The
amendment would also establish the amount specified for such
projects in the annual military construction authorization act
as the baseline for reporting.
Transfer of funds from Department of Defense Base Closure Account 2005
to Department of Defense Housing Funds (sec. 2705)
The House bill contained a provision (sec. 2821) that
would authorize the Secretary of Defense to transfer funds from
the Department of Defense (DOD) Base Closure and Realignment
(BRAC) account to the DOD Family Housing Improvement Fund
(FHIF), enabling the use of the privatization authorities to
meet the family housing requirements associated with the 2005
BRAC recommendations. It also would allow similar transfers of
funds to the Military Unaccompanied Housing Improvement Fund
(MUHIF).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would add a
certification to the notice of transfer. This notice would
require the Department of Defense Base Closure Account 2005
funds, used in the transfer to the FHIF or the MUHIF, to be
specified for that purpose in the conference report that
accompanies the most recent Military Construction Authorization
Act.
Comprehensive accounting of funding required to ensure timely
implementation of 2005 Defense Base Closure and Realignment
Commission recommendations (sec. 2706)
The Senate amendment contained a provision (sec. 2842)
that would require the Secretary of Defense to submit to
Congress a comprehensive accounting of the funding required to
ensure all decisions of the 2005 Defense Base Closure and
Realignment round remain on schedule to be completed by
September 15, 2011.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Relocation of units from Roberts United States Army Reserve Center and
Navy-Marine Corps Reserve Center, Baton Rouge, Louisiana (sec.
2707)
The Senate amendment contained a provision (sec. 2611)
that would permit the Secretary of the Army to use land in the
vicinity of the Baton Rouge airport in Baton Rouge, Louisiana
to site an Army Reserve Center and a Navy-Marine Corps Reserve
Center, if such location was determined by the Secretary to be
in the national security and public interest of the Nation.
The House bill contained no similar provision.
The House recedes with an amendment clarifying that the
funds authorized to be appropriated for base closure in this
Act may be used to locate the reserve centers on a more
suitable piece of property in the same vicinity as the airport.
The conferees understand that the Department of the Army agrees
that an alternate parcel not adjacent to the airport is more
suitable for carrying out the intent of the 2005 Defense Base
Closure and Realignment Commission's recommendation for reserve
component transformation in Louisiana.
Acquisition of real property, Fort Belvoir, Virginia, as part of the
realignment of the installation (sec. 2708)
The House bill contained a provision (sec. 2837) that
would direct the Secretary of the Army to enter into an
agreement with the Administrator of the General Services
Administration (GSA) to exchange property for the purpose of
making a parcel of GSA property in Springfield, Virginia,
available for incorporation into Fort Belvoir, Virginia.
The Senate amendment contained a similar provision (sec.
2853) that would permit the Secretary to enter into an
agreement to transfer jurisdiction of the Springfield parcel to
the Army. The Senate amendment would also allow the Army to
provide additional forms of compensation to the Administrator.
The Senate recedes with an amendment that would allow the
Secretary to consider and purchase other parcels in the
vicinity of Fort Belvoir, in addition to the GSA property, for
the purpose of relocating personnel to that installation. The
conferees agree to require the Secretary to select any
additional parcel of property not currently part of Fort
Belvoir on the basis of best value and to use competitive
procedures to acquire any such parcel of privately held land
and real property.
The conferees note that the Army has already begun the
process of evaluating alternate sites and support the Army's
goal of relocating employees of the Washington Headquarters
Service to Fort Belvoir in a way that minimizes costs and
traffic congestion and facilitates compliance with the
September 2011 deadline.
Report on availability of traffic infrastructure and facilities to
support base realignments (sec. 2709)
The House bill contained a provision (sec. 2822) that
would prohibit the relocation of members of the armed forces
and civilian employees of the Department of Defense who are
scheduled to be relocated to Fort Belvoir, Virginia, as a
result of the closure of leased-office space in Arlington,
Virginia, pursuant to the recommendations of the 2005 Defense
Base Closure and Realignment Commission. This limitation would
be obviated when the Secretary of the Army certified that the
necessary transportation infrastructure, as identified by the
Fort Belvoir Environmental Impact Statement, to accommodate the
total number of military members, military dependents, and
civilian employees to be assigned to Fort Belvoir is
substantially completed.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would state the
sense of Congress that the Department should consider roads at
military installations significantly impacted by a realignment
of forces for designation as defense access roads and that the
Secretary of Defense should ensure that the full range of
permanent facilities are in place and ready for use prior to
the movement of members of the armed forces, civilian
employees, and their families. The amendment would also direct
the Comptroller General to submit to the congressional defense
committees, not later than April 1, 2008, an assessment of
significantly impacted installations for the purpose of
determining whether military facility requirements will be met
before the arrival of forces and whether sufficient funding has
been programmed in the Defense Access Roads program to mitigate
community traffic congestion.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Authority to use operation and maintenance funds for construction
projects outside the United States (sec. 2801)
The House bill contained a provision (sec. 2806) that
would further amend section 2808 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136), as
amended, to extend for 1 year, through the end of fiscal year
2008, the temporary authority provided to the Secretary of
Defense to use funds appropriated for operation and maintenance
to carry out construction projects intended to satisfy certain
operational requirements in support of a declaration of war,
national emergency, or other contingency. The House bill would
require advance notification to Congress of such projects.
The Senate amendment contained a similar provision (sec.
2814) that would also extend the authority for 1 year and would
remove the Secretary's authority to waive the annual dollar
limitation on this authority.
The Senate recedes with an amendment that would remove
the authority to waive the dollar limitation and would also
allow the Department of Defense to use this authority
retroactively for nine fiscal year 2007 projects the Department
intended to execute in September 2007, but which they were
precluded from executing due to the suspension of this
authority resulting from the failure to provide timely
notification to Congress regarding the obligation of funds for
other such fiscal year 2007 projects. The nine projects are:
(1) MUNS storage area, Balad Air Base (AB), $22.0
million;
(2) MNSTC-I beddown barracks, Camp Phoenix, $37.0
million;
(3) CSAR helicopter ramp, Balad AB, $9.7 million;
(4) Airfield overruns, Balad AB, $15.5 million;
(5) Strategic fuel reserve, Camp Speicher, $19.0
million;
(6) Aeromedical evacuation compound, Balad AB,
$15.3 million;
(7) DS Maintenance facility (FY2005), Balad AB,
$10.8 million;
(8) Dining facility #5 (FY2004), Balad AB, $15.2
million; and
(9) Pave Aspen connectors, Kuwait, various sites,
$11.6 million.
All nine of these projects are in Iraq except as noted.
The conferees believe the Department requires some
flexibility to meet emerging war-related facility needs, but
expect the Department to use this authority more judiciously in
the future.
Clarification of requirement for authorization of military construction
(sec. 2802)
The Senate amendment contained a provision (sec. 2818)
that would amend sections 2801(a) and 2802(a) of title 10,
United States Code, to add land acquisitions and defense access
road projects to the definition of military construction and to
the types of projects for which the Secretary of Defense and
the secretaries of the military departments would be permitted
to carry out once authorized by law.
The House bill contained no similar provision.
The House recedes.
The conferees intend for the Secretary of Defense or the
secretaries of the military departments to include in each
annual budget submission a request for specific authorization
for each land acquisition and defense access road project to be
carried out using appropriations for military construction. The
request should be listed either as a separate project, or
clearly indicated in the military construction project data in
the justification material in support of the budget request if
the land acquisition or defense access road is proposed to be
carried out as part of a larger military construction project.
The conferees intend this provision to clarify what they
believe to be the requirements under existing law.
Increase in thresholds for unspecified minor military construction
projects (sec. 2803)
The Senate amendment contained a provision (sec. 2813)
that would amend section 2805(a)(1) of title 10, United States
Code, by raising the threshold of the cost of a minor
construction project authorized by this section from $1.5
million to $2.5 million. This provision would also raise the
threshold of the cost of a construction project intended solely
to correct a deficiency that is life-threatening, health-
threatening, or safety-threatening from $3.0 million to $4.0
million.
The House bill contained no similar provision.
The House recedes with an amendment that would raise the
threshold of the cost of a minor construction project
authorized by section 2805(a)(1) of title 10, United States
Code, from $1.5 million to $2.0 million.
Temporary authority to support revitalization of Department of Defense
laboratories through unspecified minor military construction
projects (sec. 2804)
The House bill contained a provision (sec. 2801) that
would provide the Department of Defense (DOD) with additional
authority to improve DOD laboratories using minor construction
authorities similar to those already contained in section 2805
of title 10, United States Code. The temporary authority would
expire on September 30, 2012.
The Senate amendment contained a similar provision (sec.
2815).
The Senate recedes with a clarifying amendment.
Extension of authority to accept equalization payments for facility
exchanges (sec. 2805)
The House bill contained a provision (sec. 2805) that
would extend the authority provided in section 2809 of the
Ronald W. Reagan National Defense Authorization Act for Fiscal
Year 2005 (Public Law 108-375) by an additional 3 years, until
September 30, 2010.
The Senate amendment contained a similar provision (sec.
2817).
The House recedes.
Modifications of authority to lease military family housing (sec. 2806)
The House bill contained a provision (sec. 2802) that
would amend section 2828 of title 10, United States Code, by
raising from $500,000 to $1.0 million in annual rental payments
the threshold for which prior congressional notification of
overseas leases is required.
The Senate amendment contained a similar provision (sec.
2851) that would also modify section 2828 of title 10, United
States Code, to grant the Secretary of the Army additional
authority to enter into high-cost leases for up to 600 units in
the United States and set an annual per unit ceiling of
$100,000 on the cost of any overseas leased unit. The provision
would also combine and consolidate the existing authorities for
high-cost leases in Italy for the Army and the Navy into a
single limit applicable to the entire Department of Defense.
The House recedes with an amendment that would delete the
proposed maximum cost ceiling on a foreign leased unit but
would require the Secretary of Defense to report to the
congressional defense committees on leases in foreign countries
costing in excess of $60,000 per unit per year. The report
would include the requirement for such high-cost leases and the
options available to decrease those costs. The conferees note
that the military departments have already identified to the
committees leases costing in excess of $100,000 per unit per
year and intend to use this report to evaluate options for
addressing this issue in the future.
The conferees believe the administration's proposal to
increase the per unit cost ceiling on leased units in Korea is
unaffordable. The conferees support the continued consolidation
of forces in Korea and urge the Department of Defense to pursue
other means to provide adequate family housing in Korea.
Expansion of authority to exchange reserve component facilities (sec.
2807)
The House bill contained a provision (sec. 2804) that
would expand the authority of the Secretary of Defense to
exchange reserve component facilities with other federal
agencies including the United States Postal Service.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Limitation on use of alternative authority for acquisition and
improvement of military housing for privatization of temporary
lodging facilities (sec. 2808)
The House bill contained a provision (sec. 2803) that
would limit the privatization of Army lodging to 13
installations. The provision would also direct the Secretary of
the Army to submit a report not later than June 1, 2009 that
would describe the implementation of the pilot program and
evaluate its efficiency, and would direct the Comptroller
General to submit to the congressional defense committees an
assessment of the pilot program and of the Secretary's report.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that limits the
privatization of Army lodging to 13 military installations
until 120 days after the Secretary of the Army submits a report
to the congressional defense committees and the Comptroller
General. The Secretary of the Army's report shall be submitted
no earlier than 8 months after a notice of transfer associated
with the 13 military installations, and shall describe the
implementation of the privatization of temporary lodging
facilities, evaluate the efficiency of the program, and include
any recommendations the Secretary of the Army considers
appropriate regarding the expansion of the program.
The amendment would also direct the Comptroller General
to submit a report to the congressional defense committees
within 90 days of the Secretary of the Army's report that
reviews both the privatization of temporary lodging facilities
and the report of the Secretary.
Additional solicitations for the privatization of
temporary lodging facilities would be permitted 120 days after
Congress receives the report from the Secretary of the Army.
Two-year extension of temporary program to use minor military
construction authority for construction of child development
centers (sec. 2809)
The Senate amendment contained a provision (sec. 2816)
that would amend section 2810 of the Military Construction
Authorization Act for Fiscal Year 2006 (Division B of Public
Law 109-163) to extend by 2 years the temporary authority
provided to the Secretary of Defense to use higher minor
construction thresholds for the construction of child
development centers.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Report on housing privatization initiatives (sec. 2810)
The Senate amendment contained a provision (sec. 2866)
that would require the Comptroller General to submit to the
Committees on Armed Services of the Senate and House of
Representatives a report containing information on housing
privatization transactions carried out by the Department of
Defense that are behind schedule or in default. The report
would describe remedies available to address the problems with
these projects.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Subtitle B--Real Property and Facilities Administration
Requirement to report real property transactions resulting in annual
costs of more than $750,000 (sec. 2821)
The Senate amendment contained a provision (sec. 2831)
that would amend section 2662 of title 10, United States Code,
to require the Secretary of Defense, the secretaries of the
military departments, or their designees, to notify Congress
prior to entering into a transaction or contract action that
results in or includes the acquisition, lease or license, or
any other use by entities of the Department of Defense of real
property if the estimated annual rental or cost is more than
$750,000.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Consolidation of real property provisions without substantive change
(sec. 2822)
The House bill contained a provision (sec. 2811) that
would consolidate the real property authorities provided under
sections 2663 and 2677 of title 10, United States Code, as
requested by the Department of Defense.
The Senate amendment contained a similar provision (sec.
2835).
The Senate recedes.
Modification of authority to lease non-excess property of the military
departments (sec. 2823)
The Senate amendment contained a provision (sec. 2832)
that would amend section 2667 of title 10, United States Code,
to require the secretary of a military department to use
competitive procedures to select lessees for transactions
authorized by paragraph (a) of section 2667. The provision
would also eliminate the authority for the secretary concerned
to receive in-kind consideration or to use rental and other
proceeds for facility operation support.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the secretary concerned to use procedures other than open
competition to enter into certain transactions that would
result in a benefit to the public. The amendment would also
clarify the use by the secretary concerned of in-kind
consideration, rental, or other proceeds received as a result
of the transaction.
The conferees intend the definition of real property
maintenance services used in the provision to be limited to
pavement clearance, refuse collection and disposal, grounds and
landscape maintenance, and pest control.
Cooperative agreement authority for management of cultural resources on
certain sites outside military installations (sec. 2824)
The House bill contained a provision (sec. 2812) that
would expand the authority of the Department of Defense to
enter into agreements for the management of cultural resources
on sites outside as well as inside the boundaries of military
installations if such agreements would relieve or eliminate
current or anticipated restrictions on military operations.
The Senate amendment contained a similar provision (sec.
1026).
The Senate recedes.
Agreements to limit encroachments and other constraints on military
training, testing, and operations (sec. 2825)
The House bill contained a provision (sec. 2813) that
would allow agreements to limit encroachment to provide for the
ongoing upkeep and management of buffer zones bordering defense
installations, in addition to the authority to acquire the
property provided under current law. The House bill would also
allow the fair market value of a group of related properties or
interest to be calculated cumulatively.
The Senate amendment contained a similar provision (sec.
2833) that would permit Department of Defense entities to
acquire an interest in property where the cost of acquiring the
interest exceeds the fair market value of the property, if the
Secretary of Defense or the secretary of a military department
certifies that the military value of the acquisition provides
benefits that justify a payment in excess of the fair market
value.
The Senate recedes with an amendment that would also
provide the authority to acquire interests at greater than fair
market value if the military value of the property justifies
such acquisition.
Expansion to all military departments of Army pilot program for
purchase of certain municipal services for military
installations (sec. 2826)
The House bill contained a provision (sec. 2814) that
would expand the authority of the Secretary of the Army to
purchase local government services for Department of Defense
installations from the neighboring local governments. This
expansion would allow each of the military services to conduct
a pilot program with three military installations and extend
the pilot program until September 30, 2012.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Prohibition on commercial flights into Selfridge Air National Guard
Base (sec. 2827)
The House bill contained a provision (sec. 2816) that
would prohibit the use of commercial service aircraft at
Selfridge Air National Guard Base, Michigan.
The Senate amendment contained no similar provision.
The Senate recedes.
Sense of Congress on Department of Defense actions to protect
installations, ranges, and military airspace from encroachment
(sec. 2828)
The Senate amendment contained a provision (sec. 2864)
that would include findings and state the sense of Congress
regarding development near military installations and the
Readiness and Environmental Protection Initiative (REPI)
program of the Department of Defense. The provision would also
require a report on ways the Department can improve or make
greater use of the REPI program.
The House bill contained no similar provision.
The House recedes with an amendment to modify the sense
of Congress.
Reports on Army and Marine Corps operational ranges (sec. 2829)
The Senate amendment contained a provision (sec. 2834)
that would expand a reporting requirement on changing
requirements for Army training ranges that was contained in
section 2827 of the Military Construction Authorization Act for
Fiscal Year 2007 (Division B of Public Law 109-364), to include
the impact of the proposal contained in the fiscal year 2008
budget to permanently increase the size of the active-duty
component of the Army by 65,000 personnel. The report by the
Secretary of the Army would also include an assessment of the
potential expansion of the Joint Readiness Training Center at
Fort Polk, Louisiana, and an assessment of the available
training capacity in Germany.
The provision would also add a similar reporting
requirement with respect to the proposal in the fiscal year
2008 budget request to expand the size of the Marine Corps by
27,000 personnel. This report would include an analysis of a
proposal under consideration by the Marine Corps to expand the
training range at Marine Corps Base Twentynine Palms,
California.
The House bill contained no similar provision.
The House recedes with an amendment to create a
freestanding report rather than a modification to a prior
report, and to add a requirement for the Secretary of Defense
to review and analyze the separate reports regarding the Army
and the Marine Corps and inform the congressional defense
committees of the steps the Office of the Secretary of Defense
is taking to coordinate the activities of the Army and the
Marine Corps on these matters.
The conferees expect the report by the Secretary of the
Army to be informed by the programmatic environmental impact
statement that the Army has conducted on the growth of the Army
and, to the extent possible, by the subsequent site-specific
assessments. The conferees are concerned that the Army does not
have a plan in place to provide for adequate training for an
additional six brigades, and that recent statements of intent
to accelerate the growth of the Army ahead of the schedule in
the fiscal year 2008 budget will exacerbate this problem. The
conference agreement therefore modifies the Senate provision to
require the report by the Secretary of the Army to address the
impact of any acceleration plan that is included in the fiscal
year 2009 budget request.
Niagara Air Reserve Base, New York, basing report (sec. 2830)
The House bill contained a provision (sec. 2817) that
would require the Secretary of the Air Force to submit a report
containing a plan of the aviation assets anticipated to be
based at Niagara Air Reserve Base, New York.
The Senate amendment contained an identical provision
(sec. 2841).
The House recedes with an amendment that would change the
date on which the report is due. The plan should review C-130
aircraft which could be available in the future as additional
Primary Assigned Aircraft at Niagara Air Reserve Base, beyond
the 12 currently programmed for the installation, and should
contain an analysis of the support structure available at
Niagara Air Reserve Base to accommodate such additional force
structure.
Report on the Pinon Canyon Maneuver Site, Colorado (sec. 2831)
The House bill contained a provision (sec. 2831) that
would place conditions on any expansion of the Pinon Canyon
Maneuver Site, Colorado.
The Senate amendment contained a provision (sec. 2867)
that would require the Secretary of the Army to provide a
report to the congressional defense committees on the
requirement for and impacts of an expansion of the Pinon Canyon
Maneuver Site.
The House recedes.
Subtitle C--Land Conveyances
Modification of conveyance authority, Marine Corps Base, Camp
Pendleton, California (sec. 2841)
The House bill contained a provision (sec. 2838) that
would repeal the amendment made by section 2867 of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-
107) to the underlying authority granted to the Secretary of
the Navy by section 2851 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261) to
grant an easement for a road through Camp Pendleton,
California. The House bill would remove language that limited
the effect of State law with respect to this road.
The Senate amendment contained no similar provision.
The Senate recedes.
Grant of easement, Eglin Air Force Base, Florida (sec. 2842)
The House bill contained a provision (sec. 2832) that
would grant to the Mid Bay Bridge Authority an easement for a
road right-of-way over land at Eglin Air Force Base, Florida to
facilitate the construction of a road connecting the northern
landfall of the Mid Bay Bridge to Florida State Highway 85.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment to provide the
Secretary of the Air Force the discretion to convey the
property for the intended purpose.
Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida (sec. 2843)
The House bill contained a provision (sec. 2833) that
would direct the Secretary of the Air Force to convey to
Florida State University a parcel of land consisting of
approximately 40 acres at Lynn Haven Fuel Depot, Lynn Haven,
Florida, for the purpose of permitting the university to
develop the property as a new satellite campus. The House bill
would further authorize the Secretary to accept reduced tuition
or scholarships for military personnel as in-kind consideration
for the recovery of costs to convey the property.
The Senate amendment contained a similar provision (sec.
2851) that would allow the Secretary of the Air Force to convey
the property. The Senate amendment would further provide for
the reversion of the property if at any time the Secretary
determines that the property conveyed is not being used in
accordance with the purpose as specified in the provision.
The House recedes with an amendment that would replace
the reversionary clause with a requirement that if the property
is not used for the intended purpose, the university would have
to pay the Secretary the fair market value of the property,
excluding any improvements made by the university.
Modification of lease of property, National Flight Academy at the
National Museum of Naval Aviation, Naval Air Station,
Pensacola, Florida (sec. 2844)
The Senate amendment contained a provision (sec. 2857)
that would amend section 2850(a) of the Military Construction
Authorization Act for Fiscal Year 2001 (Public Law 106-398) by
authorizing additional educational purposes to the list of uses
for which the Secretary of the Navy would be permitted to lease
certain real property, without consideration, to the Naval
Aviation Museum Foundation.
The House bill contained no similar provision.
The House recedes.
Land exchange, Detroit, Michigan (sec. 2845)
The Senate amendment contained a provision (sec. 2855)
that would authorize the Commandant of the Coast Guard to enter
into an equal-value land exchange with the City of Detroit,
Michigan.
The House bill contained no similar provision.
The House recedes with a clarifying amendment regarding
the environmental remediation of the parcels to be exchanged.
Transfer of jurisdiction, former Nike missile site, Grosse Ile,
Michigan (sec. 2846)
The House bill contained a provision (sec. 2835) that
would transfer jurisdiction over property comprising a former
Nike missile site on Grosse Ile, Michigan, from the
Environmental Protection Agency to the Department of the
Interior to incorporate the site into the Detroit River
International Wildlife Refuge.
The Senate amendment contained a similar provision (sec.
2856).
The Senate recedes with an amendment that would clarify
the process used to determine the standard of remediation
activities to be conducted and would delete the requirement
that a specific Corps of Engineers district carry out the
remediation of the property.
Modification to land conveyance authority, Fort Bragg, North Carolina
(sec. 2847)
The Senate amendment contained a provision (sec. 2852)
that would amend section 2836 of the Military Construction
Authorization Act for Fiscal Year 1998 (Public Law 105-85) to
authorize the Secretary of the Army to convey, without
consideration, to Harnett County, North Carolina, a parcel of
real property totaling 137 acres at Fort Bragg, North Carolina,
for educational purposes and the construction of public school
structures. The provision would also authorize the Secretary to
require the County to cover administrative and other costs for
the conveyance.
The House bill contained no similar provision.
The House recedes.
Land conveyance, Lewis and Clark United States Army Reserve Center,
Bismarck, North Dakota (sec. 2848)
The Senate amendment contained a provision (sec. 2854)
that would permit the Secretary of the Army to convey, without
consideration, approximately 2 acres of real property,
including improvements, at a reserve center in Bismarck, North
Dakota, to the United Tribes Technical College, to support
education and training at the college.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Land exchange, Fort Hood, Texas (sec. 2849)
The House bill contained a provision (sec. 2836) that
would authorize the Secretary of the Army to convey
approximately 200 acres at Fort Hood, Texas, to the City of
Copperas Cove, Texas, to permit the City of Copperas Cove,
Texas, to improve local roads for the installation and the
community.
The Senate amendment contained no similar provision.
The Senate recedes.
Subtitle D--Energy Security
Items of Special Interest
Energy Conversation Forum
The conferees are aware that, in the spring of 2006, the
Secretary of Defense initiated and continues to lead a monthly
interagency seminar program known as the Energy Conversation
Forum. The conferees are very encouraged that other departments
and agencies such as the Department of Energy, the Department
of State, the Department of Agriculture, the Environmental
Protection Agency, and the intelligence community have agreed
to actively participate in this important initiative.
The conferees acknowledge the considerable efforts of the
Energy Conversation Forum and continue to support the
Secretary's interagency energy education program including the
energy seminar program and energy interagency networks. The
conferees recognize that the energy security challenges faced
by the Department of Defense, the U.S. Government as a whole,
and the Nation cannot be solved by a single agency. The
conferees strongly believe that all federal agencies must work
together to achieve necessary national energy objectives of
conservation and efficiency. Therefore, the conferees encourage
the Secretary to continue efforts such as the Energy
Conversation Forum to enhance information exchange as a
necessary first step in addressing the complex energy issues
facing this nation.
Report on water conservation projects
The conferees direct the Secretary of Defense to submit
to the congressional defense committees a report on water
conservation efforts and methods in the Department of Defense.
The report should describe the Department's investment, by
type, in water conservation programs in fiscal years 2006,
2007, and 2008; the investment levels necessary to meet the
Department's water conservation requirements under Executive
Order 13423 of January 24, 2007; an assessment of whether water
conservation projects should continue to be funded inside the
Energy Conservation Investment Program or should instead be
financed in a separate water conservation program; and an
assessment of the demonstrated or potential return on
investment of various water conservation technologies including
metering, water control systems, xeriscaping, waterless
urinals, utility system upgrades, and water efficiency
standards for new or replacement equipment and appliances in
Department of Defense facilities. The report should also
include any proposed legislative changes the Secretary believes
to be necessary to allow the Department to meet its water
conservation goals. The report should be submitted not later
than March 31, 2008.
Legislative Provisions Adopted
Repeal of congressional notification requirement regarding cancellation
ceiling for Department of Defense energy savings performance
contracts (sec. 2861)
The House bill contained a provision (sec. 2851) that
would repeal section 2853 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364),
which lowered the notification ceiling for the Department of
Defense to $7.0 million, and would thereby restore the
notification ceiling to $10.0 million, consistent with the
ceiling established for all other government agencies in
section 8287(a)(2)(D)(iii) of title 42, United States Code.
The Senate amendment contained no similar provision.
The Senate recedes.
Definition of alternative fueled vehicle (sec. 2862)
The Senate amendment contained a provision (sec. 1092)
that would revise the definition of alternative fueled vehicle
in section 303(3) of the Energy Policy Act of 1992 (42 U.S.C.
13211(3)).
The House bill contained no similar provision.
The House recedes with a technical amendment.
Use of energy efficient lighting fixtures and bulbs in Department of
Defense facilities (sec. 2863)
The House bill contained a provision (sec. 2853) that
would require that each building constructed or significantly
altered by the Department of Defense is equipped, to the
maximum extent feasible, with lighting fixtures and bulbs that
are energy efficient. Further, the provision would require that
each lighting fixture or bulb that is replaced in the normal
course of maintenance of buildings under the jurisdiction of
the Secretary of Defense or the secretary of a military
department is replaced, to the maximum extent feasible, with a
lighting fixture or bulb that is energy efficient. The
provision would allow the Secretary of Defense to waive the
requirements of the section under certain conditions.
The Senate amendment contained no similar provision.
The Senate recedes.
Reporting requirements relating to renewable energy use by Department
of Defense to meet Department electricity needs (sec. 2864)
The House bill contained a provision (sec. 2854) that
would require the Secretary of Defense to ensure that the
Department of Defense produces or procures, from renewable
energy sources, not less than 25 percent of the total quantity
of electric energy it consumes within its facilities and in its
activities during fiscal year 2025 and each fiscal year
thereafter. The House provision would also prohibit the use of
leases, privatization, service contracts, or other third-party
financing means to achieve the 25 percent goal.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Under Secretary of Defense for Acquisition, Technology, and
Logistics to report annually on progress made by the Department
toward meeting the goal of producing or procuring at least 25
percent renewable energy to meet the Department's electricity
needs by 2025. These reports would include a description of the
financing methods used to procure renewable energy in the
previous fiscal year and a projection of the Department's
future use of renewable energy through fiscal year 2025.
Subtitle E--Other Matters
Revised deadline for transfer of Arlington Naval Annex to Arlington
National Cemetery (sec. 2871)
The House bill contained a provision (sec. 2861) that
would extend the current deadline for the transfer of
approximately 36 acres of land at the Arlington Naval Annex to
the Secretary of the Army for incorporation into Arlington
National Cemetery from January 1, 2010 to no later than January
1, 2013.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment to extend the
existing deadline for 1 additional year, to January 1, 2011.
Transfer of jurisdiction over Air Force Memorial to Department of the
Air Force (sec. 2872)
The House bill contained a provision (sec. 2862) that
would require the Secretary of the Army to transfer the
administrative jurisdiction, custody, and control of the Air
Force Memorial to the Secretary of the Air Force.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
the Secretary of the Army to transfer the administrative
jurisdiction, custody, and control of the Air Force Memorial to
the Secretary of the Air Force and would provide that if the
Air Force Memorial is transferred to the Secretary of the Air
Force, the United States shall not pay any costs to maintain or
repair the Air Force Memorial.
The conferees remain concerned about the requests by both
private foundations and the military services to use
appropriated funds for the maintenance of military memorials
and museums at the expense of other military requirements. The
conferees expect that original agreements signed by the private
foundations for the design, construction, and maintenance of
military memorials are carried out in good faith without
transferring a perpetual cost for maintenance and repair of the
memorial to the military services.
Report on plans to replace the monument at the Tomb of the Unknowns at
Arlington National Cemetery, Virginia (sec. 2873)
The Senate amendment contained a provision (sec. 1048)
that would require the Secretary of the Army and the Secretary
of Veterans Affairs to submit a report to Congress evaluating
the feasibility and advisability of repairing or replacing the
monument at the Tomb of the Unknowns in Arlington National
Cemetery, Virginia. The Senate amendment would prohibit either
Secretary from taking any action to replace the monument until
180 days after the report had been submitted to Congress.
The House bill contained no similar provision.
The House recedes.
Increased authority for repair, restoration, and preservation of
Lafayette Escadrille Memorial, Marnes-la-Coquette, France (sec.
2874)
The Senate amendment contained a provision (sec. 1089)
that would amend section 1065 of the National Defense
Authorization Act for fiscal year 2002 (Public Law 107-107) to
increase by $500,000 the amount the Secretary of the Air Force
is authorized to contribute towards the ongoing repair,
restoration, and preservation of the Lafayette Escadrille
Memorial in Marnes-la-Coquette, France.
The House bill contained no similar provision.
The House recedes.
Addition of Woonsocket local protection project (sec. 2875)
The Senate amendment contained a provision (sec. 2863)
that would require the Secretary of the Army to assume
responsibility for the operation and maintenance of the
Woonsocket local protection project in Rhode Island.
The House bill contained no similar provision.
The House recedes with an amendment requiring the city of
Woonsocket to convey the property to the Secretary of the Army
at no cost as a condition of the Secretary's assumption of
responsibility for the project.
Repeal of moratorium on improvements at Fort Buchanan, Puerto Rico
(sec. 2876)
The Senate amendment contained a provision (sec. 2868)
that would repeal those aspects of the moratorium on
construction at Fort Buchanan, Puerto Rico that remain in
effect after exceptions to that moratorium were enacted in
section 2871 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163).
The House bill contained no similar provision.
The House recedes with a technical amendment.
Establishment of national military working dog teams monument on
suitable military installation (sec. 2877)
The House bill contained a provision (sec. 2863) that
would authorize the Secretary of Defense to enter into an
agreement with National War Dogs Monument, Inc., to establish
and maintain, at a suitable location at Fort Belvoir, Virginia,
or another military installation in the United States, a
national monument to honor the sacrifice and service of United
States Armed Forces working dog teams that have participated in
military operations of the United States.
The Senate amendment contained no similar provision.
The Senate recedes.
Report regarding removal of missiles from 564th Missile Squadron (sec.
2878)
The Senate amendment contained a provision (sec. 1033)
that would direct the Secretary of Defense to submit a report
on the feasibility of establishing an association between the
120th Fighter Squadron of the Montana Air National Guard and
active duty personnel stationed at Malmstrom Air Force Base.
The provision would also prevent more than 40 missiles from
being removed from the 564th Missile Squadron until 15 days
after the report was submitted.
The House bill contained no similar provision.
The House recedes.
Report on condition of schools under jurisdiction of Department of
Defense education activity (sec. 2879)
The Senate amendment contained a provision (sec. 2861)
that would require the Secretary of Defense to submit to the
congressional defense committees a report, by March 1, 2008, on
the condition of schools under the jurisdiction of the
Department of Defense Education Activity (DODEA).
This provision would require the Secretary of Defense to
report on the standards for acceptable sizes and conditions of
DODEA school facilities, to assess the existing inventory of
facilities, to develop a master plan and investment strategy to
correct deficiencies, and to submit this plan to the
congressional defense committees.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Report on facilities and operations of Darnall Army Medical Center,
Fort Hood Military Reservation, Texas (sec. 2880)
The Senate amendment contained a provision (sec. 1047)
that would require the Secretary of Defense to submit to the
congressional defense committees a report assessing the
facilities and operations of the Darnall Army Medical Center at
Fort Hood Military Reservation, Texas, including a plan for
correcting any deficiencies identified in the report.
The House bill contained no similar provision.
The House recedes.
Report on feasibility of establishing a regional disaster response
center at Kelly Air Field, San Antonio, Texas (sec. 2881)
The Senate amendment contained a provision (sec. 1080)
that would require the Secretary of Defense, in coordination
with the Secretary of Homeland Security, to submit to Congress
a report on the feasibility of establishing a national disaster
response center at Kelly Air Field in San Antonio, Texas, to
plan, coordinate, and direct the federal, State, and local
response to regional disasters.
The House bill contained no similar provision.
The House recedes with an amendment that would require a
report on a regionally oriented disaster response center at
Kelly Air Field. The amendment would also add findings on the
need for increased disaster response capabilities and would
make clarifying changes.
Naming housing facility at Fort Carson, Colorado, in honor of the
Honorable Joel Hefley, a former member of the United States
House of Representatives (sec. 2882)
The House bill contained a provision (sec. 2864) that
would designate one of the military family housing areas or
facilities constructed for Fort Carson, Colorado, using housing
privatization authorities provided by subchapter IV of chapter
169 of title 10, United States Code, in honor of former
Representative Joel Hefley.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Naming Navy and Marine Corps Reserve Center at Rock Island, Illinois,
in honor of the Honorable Lane Evans, a former member of the
United States House of Representatives (sec. 2883)
The House bill contained a provision (sec. 2865) that
would designate the Navy and Marine Corps Reserve Center at
Rock Island, Illinois, in honor of former Representative Lane
Evans.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Naming a research laboratory at Air Force Rome Research Site, Rome, New
York, in honor of the Honorable Sherwood L. Boehlert, a former
member of the United States House of Representatives (sec.
2884)
The House bill contained a provision (sec. 2866) that
would designate a new laboratory building at the Air Force Rome
Research Site, Rome, New York, as the ``Sherwood L. Boehlert
Engineering Center''.
The Senate amendment contained no similar provision.
The Senate recedes.
Naming an administrative building at Joint Systems Manufacturing
Center, Lima, Ohio, in honor of the Honorable Michael G. Oxley,
a former member of the United States House of Representatives
(sec. 2885)
The House bill contained a provision (sec. 2867) that
would designate the administrative building under construction
at the Joint Systems Manufacturing Center in Lima, Ohio as the
``Michael G. Oxley Administration and Technology Center''.
The Senate amendment contained no similar provision.
The Senate recedes.
Naming of Logistics Automation Training Facility, Army Quartermaster
Center and School, Fort Lee, Virginia, in honor of General
Richard H. Thompson (sec. 2886)
The House bill contained a provision (sec. 2868) that
would designate the Logistics Automation Training Facility of
the Army Quartermaster Center and School at Fort Lee, Virginia,
as the ``General Richard H. Thompson Logistics Automation
Training Facility''.
The Senate amendment contained no similar provision.
The Senate recedes.
Authority to relocate Joint Spectrum Center to Fort Meade, Maryland
(sec. 2887)
The Senate amendment contained a provision (sec. 2843)
that would authorize the Secretary of Defense to carry out an
agreement to relocate the Joint Spectrum Center (JSC) from
Annapolis, Maryland to Fort Meade, Maryland or another military
installation if the Secretary determined that the relocation
would be in the best interest of national security and the
agreement provided equitable terms to facilitate the
relocation.
The House bill contained no similar provision.
The House recedes with an amendment that would designate
any new construction required as part of the agreement to be
authorized in accordance with section 2802 of title 10, United
States Code.
The conferees encourage the Department of Defense to
initiate discussions with Anne Arundel County and their
developer to attempt to reach consensus on equitable terms for
such relocation.
The conferees recognize that critical missions at the JSC
at Annapolis are being conducted in leased facilities that may
not meet the anti-terrorism and force protection (AT-FP)
standards adopted by the Department of Defense in 2005.
Therefore, the conferees direct the Secretary of Defense to
submit to the congressional defense committees by May 30, 2008,
a report on the facility at Annapolis containing the following:
(1) the results of a security and vulnerability
assessment for the facility;
(2) a description of the plan to ensure the
facility meets all of the Department's AT-FP standards;
and
(3) an analysis of the investment required for the
facility to meet AT-FP standards.
Legislative Provisions Not Adopted
General military construction transfer authority
The Senate amendment contained a provision (sec. 2811)
that would provide an authority to transfer up to $200.0
million in military construction authorizations between
projects for fiscal year 2008.
The House bill contained no similar provision.
The Senate recedes.
Modification of land management restrictions applicable to Utah
national defense lands
The Senate amendment contained a provision (sec. 2862)
that would sunset the restrictions contained in section 2815 of
the National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65) on October 1, 2013, and would also clarify
the definition of Utah national defense lands in that Act.
The House bill contained no similar provision.
The Senate recedes.
Report on opportunities for leveraging funds of the Department of
Defense and States to prevent disruption in event of electric
grid or pipeline failures
The House bill contained a provision (sec. 2852) that
would require the Secretary of Defense, acting through the
Under Secretary of Defense for Acquisition, Technology, and
Logistics, to submit to the congressional defense committees a
report on approaches by which the Department of Defense may
leverage Federal and State resources to harden critical
infrastructure to prevent disruptions in the event of major
electric grid, natural gas, or petroleum pipeline failures.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense, acting
through the Under Secretary of Defense for Acquisition,
Technology, and Logistics, to submit a report on approaches by
which the Department of Defense may contribute or receive funds
and other resources, which when combined with resources from
other funding sources, such as State System Benefit Trust
Funds, Clean Air Act State Implementation Funds, and State
Homeland Security Critical Infrastructure Grants, will
accelerate efforts to harden critical functions on and around
military and security facilities to prevent disruptions in the
event of major electric grid, natural gas, or petroleum
pipeline failures. This report should be submitted to the
congressional defense committees not later than 180 days after
the date of the enactment of this Act.
Report on water conservation projects
The Senate amendment contained a provision (sec. 2865)
that would require the Secretary of Defense to submit to the
congressional defense committees a report on water conservation
efforts and methods in the Department of Defense and the
investment levels necessary to meet the Department's water
conservation requirements under Executive Order 13423.
The House bill contained no similar provision.
The Senate recedes.
The conferees agree to direct the Secretary of Defense to
submit a report on this matter. That reporting requirement is
contained elsewhere in the statement of managers.
Retention of proceeds from enhanced use leases at Selfridge Air
National Guard Base
The House bill contained a provision (sec. 2815) that
would direct that all proceeds derived from the execution of an
enhanced use lease (EUL) at Selfridge Air National Guard Base
(ANGB), Michigan be retained by that installation.
The Senate amendment contained no similar provision.
The House recedes.
The conferees understand that the proceeds of the
proposed EUL at Selfridge ANGB are currently anticipated to be
provided entirely on an in-kind basis rather than in cash. The
conferees have been assured that the Air Force intends to use
the proceeds from this lease at Selfridge ANGB and that if the
benefit received by the Air Force ever exceeds what Selfridge
ANGB could put to effective use, the remainder would be applied
to other Air National Guard facilities within the State of
Michigan.
TITLE XXIX--WAR RELATED AND EMERGENCY MILITARY CONSTRUCTION
AUTHORIZATIONS
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Legislative Provisions Adopted
Authorized Army construction and land acquisition projects (sec. 2901)
The House bill contained a provision (sec. 1515) that
would authorize $526.5 million in fiscal year 2008 for Army
military construction projects related to operations in Iraq
and Afghanistan.
The Senate amendment contained a similar provision (sec.
2901) that would authorize $752.7 million for such projects.
The Senate recedes with an amendment that would authorize
$1.26 billion in fiscal year 2008 for Army military
construction projects.
The conference agreement includes funding for additional
projects not included in the House bill or the Senate amendment
that were requested by the President in his budget amendment
submitted on October 22, 2007.
The conferees agree to the reductions in the House bill
to power plants proposed for construction in Iraq. The
conferees do not believe such projects, which would provide
mainly long-term benefits or return on investment, should be
included in the absence of any agreement for a long-term United
States presence in Iraq.
The conferees also agree to prohibit the obligation of
funds for a communication center at Camp Arifjan, Kuwait and a
brick factory at Camp Cropper, Iraq until the Secretary of
Defense provides a report to the congressional defense
committees describing the rationale for and policy implications
of these projects. The conferees note that the legal
implications of having detainees under the control of the
United States performing labor in a brick factory have not been
explained to Congress to date.
Authorized Navy construction and land acquisition projects (sec. 2902)
The House bill contained a provision (sec. 1515) that
would authorize $169.1 million in fiscal year 2008 for Navy
military construction projects to support increasing the size
of the Marine Corps inside the United States.
The Senate amendment contained no similar provision, but
included funding for those projects in title XXII.
The Senate recedes with an amendment that would authorize
$198.8 million in fiscal year 2008 for Navy military
construction projects.
The conference agreement includes funding for additional
projects not included in the House bill or the Senate amendment
that were requested by the President in his budget amendment
submitted on October 22, 2007.
The conferees did not authorize funding requested for two
projects in Djibouti. The conferees share the concerns
expressed in the Senate report accompanying the Military
Construction and Veterans Affairs and Related Agencies
Appropriations Bill, 2008, that large investments in military
construction in Djibouti are not justified at this time given
the absence of a strategy for the new Africa Command or a long-
term lease for the land these facilities in Djibouti would be
built on. Furthermore, the conferees note that the
determination to place a project in a supplemental request
should not be determined by the location of the installation,
but rather on the enduring nature of the investment.
Considering Djibouti's long-term strategic interest to the
United States and the size of the investment proposed, the
Department of Defense should generally insert future military
construction projects for Djibouti into the normal base budget
request. The conferees urge the Department to address these
concerns and resubmit these projects in a future budget
request, if appropriate.
Authorized Air Force construction and land acquisition projects (sec.
2903)
The conferees agree to a provision that would authorize
$258.7 million in military construction projects for the Air
Force in support of operations in Iraq and Afghanistan.
The House and Senate bills included no similar
provisions.
The conference agreement includes funding for additional
projects that were requested by the President in his budget
amendment submitted on October 22, 2007.
The conferees have not authorized funding of $40.0
million requested for replacement of expeditionary facilities
at Al Udeid Air Base, Qatar. The conferees are concerned that
permanent facilities for the same purpose were constructed and
completed in March 2007 from amounts provided in 2004 for
emergency supplemental appropriations, but currently cannot be
inhabited due to a lack of electricity. The conferees note that
the Department of the Air Force may be in violation of section
2801 of title 10, United States Code, which states, ``a
military construction project includes all construction work,
or any contribution authorized by this chapter, necessary to
produce a complete and useable facility. . .'' The conferees
note that the Air Force predicts that the new dormitories,
dining halls, and support facilities at Al Udeid Air Base may
not be ready for occupancy until March 2008, and may require
the use of portable electrical generators at significant
further expense to the Air Force. The conferees direct the
Secretary of the Air Force to ensure the current facilities are
complete and useable with a permanent power source before
requesting any further authorizations for new facilities at Al
Udeid Air Base, Qatar.
The conferees have not authorized funding of $6.3 million
requested to relocate an expeditionary force site at Masirah
Island Air Base, Oman. The conferees note that the project is
required to relocate a current expeditionary site per the
request of the host nation, and that according to the budget
justification documents for this project, the ``current U.S.
mission requirements dictate the need for planned troop
beddowns in the near term at Masirah Island.'' The conferees
note that other statutory authorities exist to permit field
commanders to meet such operational requirements.
Authorized defense agencies construction and land acquisition projects
(sec. 2904)
The conferees agree to a provision that would authorize
$27.6 million in military construction projects for the defense
agencies in support of operations in Iraq and Afghanistan and
to provide facilities for the treatment of wounded service
members.
The House and Senate bills included no similar
provisions.
The conference agreement includes funding for additional
projects that were requested by the President in his budget
amendment submitted on October 22, 2007.
Authorized base closure and realignment activities funded through
Department of Defense Base Closure Account 2005 and related
authorization of appropriations (sec. 2905)
The conferees agree to a provision that would authorize
$415.9 million for military construction projects, planning,
and design, and operation and maintenance for base closure
activities related to the construction of new medical
facilities at the National Naval Medical Center, Bethesda,
Maryland, and Fort Belvoir, Virginia.
The House bill and Senate amendment included no similar
provisions.
This funding was requested by the President in his budget
amendment submitted to Congress on October 22, 2007 and is in
addition to the funding for these same projects authorized in
title XXVII of this Act, which reflects the original February
budget request.
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
Overview
Title XXXI authorizes appropriations for atomic energy
defense activities of the Department of Energy for fiscal year
2008, including: the purchase, construction, and acquisition of
plant and capital equipment; research and development; nuclear
weapons activities; nuclear nonproliferation activities; naval
nuclear propulsion; environmental cleanup; operating expenses;
and other expenses necessary to carry out the purposes of the
Department of Energy Organization Act (Public Law 95-91). This
title authorizes appropriations in five categories: (1)
National Nuclear Security Administration (NNSA); (2) defense
environmental cleanup; (3) other defense activities; (4)
defense nuclear waste disposal; and (5) energy security and
assurance.
The budget request for atomic energy defense activities
at the Department included $15.9 billion for atomic energy
defense activities, a less than 1 percent increase above the
fiscal year 2007 operating plan level. Of the total amount
requested:
(1) $9.4 billion is for NNSA, of which
(a) $6.5 billion is for weapons activities,
(b) $1.7 billion is for defense nuclear
nonproliferation activities, including $50.0 million
for fiscal year 2008 war-related funding,
(c) $808.2 million is for naval reactors, and
(d) $394.7 million is for the Office of the
Administrator;
(2) $5.4 billion is for defense environmental cleanup;
(3) $764.0 million is for other defense activities; and
(4) $292.0 million is for defense nuclear waste disposal.
The budget request also included $5.9 million for energy
security and assurance within energy supply.
The conferees agree to authorize $16.1 billion for atomic
energy defense activities, an increase of $193.3 million above
the budget request.
Of this amount, the conferees agree to authorize:
(1) $9.6 billion for NNSA, of which
(a) $6.5 billion would be for weapons activities, a
decrease of $45.7 million below the budget request,
(b) $2.0 billion would be for defense nuclear
nonproliferation, an increase of $230.0 million above
the budget request,
(c) $808.2 million would be for naval reactors, the
amount of the budget request, and
(d) $400.0 million would be for the Office of the
Administrator, an increase of $5.0 million above the
budget request;
(2) $5.4 billion would be for defense environmental
cleanup activities, an increase of $4.0 million above the
budget request;
(3) $764.0 million would be for other defense activities,
the amount of the budget request; and
(4) $292.0 million would be for defense nuclear waste
disposal, the amount of the budget request.
The conferees agree to authorize $5.9 million for energy
security and assurance, the amount of the budget request.
The following table summarizes the budget request and the
authorizations:
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Item of Special Interest
International Atomic Energy Agency nuclear fuel bank
The conferees support the creation of an international
nuclear fuel bank under the auspices of the International
Atomic Energy Agency (IAEA). Some countries--including Iran--
have justified the need for developing their own uranium
enrichment and reprocessing facilities, which could make
nuclear reactor fuel or nuclear weapons-usable materials, based
on the claim that they could not trust foreign countries to
reliably supply nuclear fuel for their reactors. The creation
of international mechanisms to supplement the international
nuclear fuel market could remove the need for national
enrichment and reprocessing capabilities in states that do not
currently possess them, and support global nonproliferation
efforts and discourage new countries from developing national
uranium enrichment facilities.
The conferees note that the House has already passed H.R.
885, the International Nuclear Fuel for Peace and
Nonproliferation Act, and note that the Senate Committee on
Foreign Relations has reported S. 1138, the Nuclear Safeguards
and Supply Act of 2007. Conferees note that additional work
will be required in order to provide appropriate guidance to
the executive branch regarding criteria for access by foreign
countries to any fuel bank established at the IAEA with
materials or funds provided by the United States.
Legislative Provisions Adopted
National Nuclear Security Administration (sec. 3101)
The House bill contained a provision (sec. 3101) that
would authorize $9.5 billion for the National Nuclear Security
Administration (NNSA) of the Department of Energy, including
funds for weapons activities, defense nuclear nonproliferation
programs, naval reactor programs, and the Office of the
Administrator, an increase of $100.0 million above the budget
request.
The Senate amendment contained a similar provision (sec.
3101) that would authorize $9.5 billion, an increase of $102.9
million above the budget request.
The conferees agree to authorize $9.6 billion for NNSA,
an increase of $189.3 million above the budget request.
The budget request included $6.5 billion for weapons
activities. The House bill would authorize $6.5 billion, the
amount of the budget request. The Senate amendment would
authorize $6.5 billion, a decrease of $39.1 million below the
budget request. The conferees agree to authorize $6.5 billion,
a decrease of $45.7 million below the budget request.
Within weapons activities, the conferees agree to
authorize $66.0 million for the Reliable Replacement Warhead, a
decrease of $22.8 million below the budget request. The
conferees agree to authorize an increase of $20.0 million above
the budget request for weapons dismantlement and disposition.
The budget request included $14.9 million for responsive
infrastructure. The conferees agree to authorize no funds for
this item. The conferees agree to authorize an increase of
$15.1 million above the budget request in inertial confinement
fusion ignition and high yield campaign as follows: a $3.3
million increase for ignition; a $2.5 million increase for
National Ignition Facility (NIF) diagnostics, cryogenics, and
experimental support; and a $9.3 million increase in facility
operations and target production. The conferees also agree to
authorize an increase of $5.0 million above the budget request
in the advanced simulation and computing campaign to support
NIF computational needs. The budget request included $24.9
million for the consolidated plutonium center. The conferees
agree to authorize no funds for this item. In readiness in
technical base and facilities, the conferees agree to authorize
the following increases above the budget request in operations
of facilities: a $36.8 million increase for infrastructure
repair at the Pantex Plant; and a $10.0 million increase for
the Y-12 complex, composed of $5.0 million for infrastructure
repair and $5.0 million for activities in support of the
Uranium Processing Facility. The conferees agree to authorize
$262.7 million for the facilities and infrastructure
recapitalization program, a decrease of $31.0 million below the
budget request. Within safeguards and security, the conferees
agree to authorize an increase of $20.0 million above the
budget request to address training and equipment shortages at
NNSA sites. Within weapons activities, the conferees agree to
authorize the use of $55.0 million of prior year unobligated
balances as a funding adjustment to offset fiscal year 2008
requirements.
The budget request included $1.7 billion for defense
nuclear nonproliferation, including $50.0 million for fiscal
year 2008 war-related funding. The conferees agree to authorize
$2.0 billion, an increase of $180.0 million above the base
budget request and the amount requested for fiscal year 2008
war-related funding (the authorization of $50.0 million for
fiscal year 2008 war-related funding is provided elsewhere in
Division C of this Act). The conferees agree to authorize an
additional $50.0 million in funding for the Nonproliferation
and Verification Research and Development program for
proliferation detection including next-generation nuclear
detection technologies, nuclear explosion monitoring, and
technologies to support improved nuclear material forensic
capabilities. The conferees agree to authorize an additional
$13.0 million in funding for the Nonproliferation and
International Security program as follows: an increase of $8.0
million for Global Initiatives for Proliferation Prevention;
and an increase of $5.0 million for Dismantlement and
Transparency, including technical support to the Six Party
process on the denuclearization of the Korean Peninsula. The
conferees agree to authorize an additional $30.0 million in
funding for the International Nuclear Materials Protection and
Cooperation program as follows: an increase of $20.0 million
for the Second Line of Defense Core program and Megaports; an
increase of $3.0 million to reduce the risk of theft and
proliferation of weapons-usable nuclear materials from the
Russian Federation; and an increase of $7.0 million to ensure
the sustainability of weapons of mass destruction
nonproliferation programs in Russia. The conferees agree to
authorize an additional $10.0 million in funding for the
Elimination of Weapons-Grade Plutonium Production program to
accelerate shutdown of the plutonium producing reactor at
Zheleznogorsk, Russia. The conferees agree to authorize an
additional $77.0 million in funding for the Global Threat
Reduction Initiative as follows: an increase of $5.0 million
for Reduced Enrichment for Research and Test Reactors,
including the conversion of research and test reactors from the
use of highly-enriched uranium to low-enriched uranium; an
increase of $2.0 million for U.S. Radiological Threat
Reduction; an increase of $40.0 million for International
Radiological Threat Reduction; and an increase of $30.0 million
for Emerging Threats and Gap Material. The conferees agree to
authorize $50.0 million for the International Atomic Energy
Agency nuclear fuel bank.
The budget request included $808.2 million for the naval
reactors program. The conferees agree to authorize this program
at the requested level. The budget request included $394.7
million for the Office of the Administrator. The conferees
agree to authorize an increase of $5.0 million above the budget
request within the Office of the Administrator program
direction account for the purposes of expanding and
strengthening staff capacity, capabilities, and resources in
support of defense nuclear nonproliferation activities.
Defense environmental cleanup (sec. 3102)
The House bill contained a provision (sec. 3102) that
would authorize $5.4 billion for the Department of Energy for
defense environmental cleanup for fiscal year 2008, the amount
of the budget request.
The Senate amendment contained a similar provision (sec.
3102) that would authorize $5.4 billion for defense
environmental cleanup, an increase of $47.0 million above the
budget request.
The conferees agree to include a provision that would
authorize $5.4 billion for defense environmental cleanup, an
increase of $4.0 million above the budget request. The
conferees agree to authorize $9.0 million for project 08-D-414/
PED 08-01, the plutonium vitrification facility at the Savannah
River Site, a decrease of $6.0 million below the budget
request. The conferees agree to authorize an additional $10.0
million for technology development and deployment.
Other defense activities (sec. 3103)
The House bill contained a provision (sec. 3103) that
would authorize $764.0 million for the Department of Energy for
other defense activities for fiscal year 2008, the amount of
the budget request.
The Senate amendment contained a similar provision (sec.
3103) that would authorize $664.1 million for the Department of
Energy for other defense activities, a decrease of $100.9
million below the budget request.
The conferees agree to include a provision that would
authorize $764.0 million, the amount of the budget request.
Defense nuclear waste disposal (sec. 3104)
The House bill contained a provision (sec. 3104) that
would authorize $292.0 million for defense nuclear waste
disposal, the amount of the budget request.
The Senate amendment contained a similar provision (sec.
3104) that would authorize $242.0 million, a decrease of $50.0
million below the budget request.
The conferees agree to include a provision that would
authorize $292.0 million, the amount of the budget request.
Energy security and assurance (sec. 3105)
The House bill contained a provision (sec. 3105) that
would authorize $6.0 million for the Department of Energy for
other atomic energy defense activities for fiscal year 2008 for
energy security and assurance programs, an increase of $140,000
above the budget request.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
$5.9 million for energy security and assurance programs, the
amount of the budget request.
The conferees reluctantly provide the funds requested in
acknowledgment of the national security nexus for a limited set
of activities conducted within the Department of Energy Office
of Electricity Delivery and Energy Reliability. If the
Department intends to continue to request some portion of funds
for this office within budget code 050, the conferees expect a
fulsome description of and justification for this funding;
items absent from prior budget requests.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Reliable Replacement Warhead program (sec. 3111)
The Senate amendment contained a provision (sec. 3111)
that would place a cap on the funding available for the
Reliable Replacement Warhead (RRW) program and prohibit funding
for any RRW activities beyond phase 2A.
The House bill contained no similar provision.
The House recedes with an amendment that would prohibit
the National Nuclear Security Administration (NNSA) from using
fiscal year 2008 funds to support activities under the RRW
program beyond phase 2A of the phased nuclear weapons
acquisition process.
The conferees note that House Report 110-146 set forth
the view of Committee on Armed Services of the House of
Representatives that the NNSA RRW program activities should not
exceed phase 2A activities in fiscal year 2008. The conferees
have provided $66.0 million for RRW phase 2A activities.
The conferees believe clarification of the United States'
long-term nuclear weapons policy is a prerequisite to any major
decisions on the size and composition of the nuclear weapons
stockpile and the complex that supports it. To that end, the
conference agreement includes section 1062 establishing a
congressionally appointed bipartisan commission to examine U.S.
nuclear policy and strategic posture, and section 1070,
requiring that a new Nuclear Posture Review be submitted to
Congress in December 2009.
On September 7, 2007, JASON completed a technical review
of the RRW with a focus on the Lawrence Livermore National
Laboratory (LLNL)/Sandia National Laboratory design, now known
as WR1. The review was undertaken at the request of the NNSA.
In this review, JASON made four findings with accompanying
recommendations. The four findings are:
(1) Certification for WR1 will require new experiments,
enhanced computational tools, and improved scientific
understanding of the connection of the results from such
experiments and simulations to the existing nuclear explosive
test data.
(2) The physical understanding of the enhanced surety
features, which address a top requirement for WR1, is still
under development.
(3) New fabrication processes are proposed for WR1 with
the intent of simplifying manufacturing and achieving cost
savings but their impact on performance must be further
understood.
(4) In the absence of new nuclear-explosive testing, the
challenges to certification must be met in a peer review regime
that establishes confidence in the WR1 design. Peer review is
essential to establishing the technical credibility of new
designs. Peer review for RRW certification must play a larger
role than provided for by current NNSA guidelines or envisaged
in the LLNL plans.
The JASON findings begin to identify the challenges of
the RRW program and the scientific work and general processes
that need substantial focus and attention. The conferees
believe that the RRW program will present many scientific
challenges and urge the NNSA to ensure that the stockpile
stewardship scientific, computational, and experimental
capabilities and tools are maintained and expanded as necessary
to support RRW.
The conferees urge the NNSA to approach the RRW program
cautiously, with a commitment to address and resolve all issues
as completely as possible. Using an outside technical review
mechanism, such as JASON, is necessary to fully understand the
technical issues associated with RRW. The conferees urge the
NNSA to consider how a regularized external review could be
undertaken.
Nuclear test readiness (sec. 3112)
The Senate amendment contained a provision (sec. 3121)
that would repeal section 3113 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136) and
extend the requirement for a test readiness report required by
section 4208 of the Atomic Energy Defense Act (50 U.S.C. 2528),
but require the Secretary of Energy to submit the report
biennially on March 1 of each odd-numbered year beginning on
March 1, 2009.
The House bill contained no similar provision.
The House recedes.
Modification of reporting requirement (sec. 3113)
The Senate amendment contained a provision (sec. 3136)
that would modify the report required by section 3111 of the
National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163). Section 3111 required the Secretary of Energy to
submit a report on the Reliable Replacement Warhead (RRW) by
March 2007. The amendment would make the report a biennial
report through 2013. In addition, the provision would require
that the report be submitted in a classified form with an
unclassified summary.
The House bill contained no similar provision.
The House recedes with an amendment that would eliminate
the requirement for a biennial report through 2013 and retain
the requirement that the report be submitted in a classified
form with a detailed unclassified summary.
The conferees note that the Secretary of Energy has
failed to submit the report required by section 3111, and
remind the Secretary that the report was due to Congress on
March 1, 2007. The conferees believe that this report is
important to future decisions about the RRW program.
Limitation on availability of funds for fissile materials disposition
program (sec. 3114)
The Senate amendment contained a provision (sec. 3112)
that would require the Secretary of Energy to certify to the
congressional defense committees what portions of the fiscal
year 2008 and prior fiscal years' funds for the fissile
materials disposition program will be obligated and expended in
fiscal years 2008 and 2009, before any of the fiscal year 2008
funds are obligated or expended. In the event that any of the
fiscal year 2008 funds will not be obligated in fiscal years
2008 or 2009, the provision would authorize the Secretary to
use such fiscal year 2008 funds for obligation to any other
nonproliferation program in which the funds could be obligated
and expended in fiscal years 2008 or 2009.
The House bill contained no similar provision.
The House recedes with an amendment that would prohibit
the Secretary of Energy from obligating more than 75 percent of
the funds authorized to be appropriated for the fissile
materials disposition program for fiscal year 2008 until the
Secretary, in consultation with the Administrator for Nuclear
Security, submits a report to the congressional defense
committees setting forth a plan for obligating and expending
prior year funds that remain available for obligation after
January 1, 2008, as well as fiscal year 2008 funds.
The conferees continue to fully support the goals of the
United States Surplus Fissile Materials Disposition program,
which include disposition of U.S. surplus weapons-grade
plutonium and use of the mixed oxide fuel fabrication facility
for such plutonium disposition. The conferees emphasize that
the program has important nonproliferation benefits and is
consistent with the national security interests of the United
States. The disposition of surplus weapons-grade plutonium will
demonstrate to the international community our commitment to
permanently eliminating materials that could be used for
nuclear weapons.
The conferees also continue to fully support the goals of
the Russian Surplus Fissile Materials Disposition program,
which include disposition of the Russian Federation's surplus
weapons-grade plutonium. However, the conferees are concerned
by the remaining lack of certainty on issues relating to the
path forward for Russian plutonium disposition.
The conferees request an update from the Secretary of
Energy at the earliest possible date on the subjects covered in
the report the Secretary submitted to the congressional defense
committees relating to the Russian Surplus Fissile Materials
Disposition program, in response to the requirement under
section 3121 of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364).
Modification of limitations on availability of funds for waste
treatment and immobilization plant (sec. 3115)
The Senate amendment contained a provision (sec. 3113)
that would amend section 3120a of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364) to require an independent review and certification by the
Secretary of Energy of the earned value management system for
the waste treatment and immobilization plant at the Department
of Energy's Hanford Site.
The House bill contained no similar provision.
The House recedes.
Modification of sunset date of the Office of the Ombudsman of the
Energy Employees Occupational Illness Compensation program
(sec. 3116)
The Senate amendment contained a provision (sec. 3137)
that would extend the sunset date for the Office of the
Ombudsman for the Energy Employees Occupational Illness
Compensation program for 5 years to October 28, 2012.
The House bill contained a similar provision (sec. 3118)
that would permanently establish the Office of the Ombudsman,
provide the Office of the Ombudsman with contracting authority,
and expand the scope of the duties of the office. In addition,
the provision would change the nature of the funding that
supports the office from mandatory to discretionary.
The House recedes.
Technical amendments (sec. 3117)
The Senate amendment contained a provision (sec. 3125)
that would make technical amendments to the Atomic Energy
Defense Act (50 U.S.C. 2521 et seq.)
The House bill contained no similar provision.
The House recedes.
Subtitle C--Other Matters
Study on using existing pits for the Reliable Replacement Warhead
program (sec. 3121)
The House bill contained a provision (sec. 3111) that
would require the Administrator for Nuclear Security, in
consultation with the Nuclear Weapons Council, to analyze and
then report on the feasibility of using existing plutonium pits
to remanufacture warheads in the Reliable Replacement Warhead
(RRW) program. The report to the congressional defense
committees would be due no later than February 1, 2008. The
report would be unclassified but may include a classified
annex.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify
the scope of the study and the report to look at the
feasibility of using existing plutonium pits in the RRW
program, in lieu of newly manufactured pits. The study would
include an analysis of certification, manufacturing, and
technical issues relating to the use of existing plutonium pits
and would be due to the congressional defense committees no
later than 6 months after the date of enactment of this Act.
Report on retirement and dismantlement of nuclear warheads (sec. 3122)
The House bill contained a provision (sec. 3113) that
would direct the Administrator for Nuclear Security, in
consultation with the Nuclear Weapons Council, to submit to the
congressional defense committees a report on the retirement and
dismantlement of the nuclear warheads that are not part of the
enduring stockpile but that have not been dismantled. The
report would be due no later than February 1, 2008 and would
include a plan to accelerate the dismantlement of such nuclear
warheads and an assessment of the feasibility of implementing
an accelerated schedule.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would change
the due date of the report to March 1, 2008. Further, the
amendment would specify that the nuclear warheads that are the
subject of the report would be those warheads that will not be
part of the enduring stockpile as of December 31, 2012, but
that have not yet been dismantled. In addition, the amendment
would require the Administrator to include in the report an
assessment of the capacity of the nuclear weapons complex and
the resources needed to accommodate an accelerated schedule.
Plan for addressing security risks posed to nuclear weapons complex
(sec. 3123)
The House bill contained a provision (sec. 3114) that
would direct the Administrator for Nuclear Security to conduct
an assessment of the physical security and cyber security risks
posed to the nuclear weapons complex at the Department of
Energy (DOE) and the security technologies employed within the
complex. The report on the assessment would be submitted to the
congressional defense committees and would include a site-
specific description of security technologies, a description of
how DOE establishes investment priorities, and a multi-year
plan for replacement and maintenance of technologies.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
that the plan be prepared in consultation with the Director of
the Office of Health, Safety, and Security of the DOE. The
amendment would also add the report as an additional element to
the National Nuclear Security Administration annual future-
years nuclear security program plan.
Department of Energy protective forces (sec. 3124)
The House bill contained a provision (sec. 3112) that
would require the Administrator for Nuclear Security to conduct
a review of the protective forces at the National Nuclear
Security Administration (NNSA) sites and submit a report to the
congressional defense committees setting forth the results of
the review. The report would be due no later than March 1, 2008
and would include an assessment of the potential risks
associated with contractual incentives and mechanisms to
provide protective forces. In addition, the report would
require an assessment of specific alternative management
options for managing the protective forces.
The Senate amendment contained a similar provision (sec.
3124) that would require the Comptroller General of the United
States to report to the Committees on Armed Services of the
Senate and the House of Representatives on the management of
protective forces at the Department of Energy (DOE) sites with
category I nuclear material. This would include the relevant
NNSA sites. The report would be due 180 days after the date of
enactment of this Act and would include a discussion of the
management, contractual structure, training, benefits, and
alternative management options for the DOE protective forces.
The Senate recedes with an amendment that would combine
the elements of each report into companion assessments and
reviews of the protective forces at the DOE and NNSA sites with
category I nuclear materials. These assessments and reviews
would be included in sequential reports, first by the
Comptroller General and then the Administrator for Nuclear
Security. The amendment would require the Comptroller General
report to be submitted 180 days after the date of enactment of
this Act. No later than 90 days following the receipt of the
Comptroller General report the Secretary of Energy, in
conjunction with the Administrator for Nuclear Security and the
Assistant Secretary for Environmental Management, would submit
to the Committees on Armed Services a report on the management
of the protective forces, using the Comptroller General report
as a starting point. The DOE review would include an assessment
of the options for management identified by the Comptroller
General, as well as other options that the Secretary may
identify. In addition, the DOE report would include an analysis
and assessment of the role contractor incentives play in the
management and performance of the protective forces.
Evaluation of National Nuclear Security Administration strategic plan
for advanced computing (sec. 3125)
The Senate amendment contained a provision (sec. 3138)
that would require the Secretary of Energy to enter into an
agreement with an independent entity to conduct an evaluation
of the strategic plan for advanced computing of the National
Nuclear Security Administration (NNSA). The report would be due
180 days after the date of enactment of this Act. The report
would include: an assessment of the role played by NNSA high
performance computing research in maintaining U.S. leadership
in computer capabilities and the impact of funding reductions
to such leadership; the way in which NNSA uses computational
capabilities to support the Stockpile Stewardship programs; the
NNSA relationship with private industry; and the efforts of the
Department of Energy (DOE) to coordinate supercomputing work
within the DOE, with other government agencies, and with
private industry.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
elements of the assessment. Included in the report would be: an
assessment of the adequacy of the strategic plan in supporting
the Stockpile Stewardship program; the role of research and
development in high performance computing in fulfilling the
missions of the NNSA and maintaining U.S. leadership in this
area; and the impact of changes in investment levels or
strategies to fulfill the missions of the NNSA. The amendment
would also require an assessment of DOE efforts to coordinate
supercomputing work within the DOE, to develop joint strategies
with other federal agencies and private industry, and to share
developments and capitalize on innovations with private
industry. This amendment would also require the report to be
submitted by the Secretary of Energy 1 year after the date of
enactment of this Act.
Sense of Congress on the nuclear nonproliferation policy of the United
States and the Reliable Replacement Warhead program (sec. 3126)
The Senate amendment contained a provision (sec. 3122)
that would set forth the sense of Congress that the United
States should take a number of actions with respect to
nonproliferation matters. The provision would also set forth
the sense of Congress that any decision to manufacture or
deploy a Reliable Replacement Warhead should be formulated in
the broader context of the progress made by the United States
toward each of the enumerated goals.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
several of the actions enumerated in the Senate provision. The
amendment would also modify item number five with respect to
the Comprehensive Test Ban Treaty by replacing it with a sense
of Congress that the United States should sustain the Science-
Based Stockpile Stewardship program, which provides the basis
for certifying the U.S. nuclear deterrent and maintaining the
moratorium on underground nuclear weapons testing.
Department of Energy report on plan to strengthen and expand
International Radiological Threat Reduction program (sec. 3127)
The House bill contained a provision (sec. 3115) that
would require the Secretary of Energy to submit a report to
Congress that sets forth a specific plan for strengthening and
expanding the Department of Energy (DOE) International
Radiological Threat Reduction (IRTR) program within the Global
Threat Reduction Initiative. The plan would include actions to
address the issues raised and recommendations made in the March
13, 2007 Government Accountability Office report titled
``Focusing on the Highest Priority Radiological Sources Could
Improve DOE's Efforts to Secure Sources in Foreign Countries.''
The report would be due no later than 60 days after the date of
enactment of this Act.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would direct
the Secretary of Energy to submit the report to Congress no
later than 120 days after the date of enactment of this Act and
would modify several of the elements required to be in the
report. This would include a clarification that the Secretary
should give high priority to materials that present the highest
risk.
The conferees support the idea that the IRTR program
should concentrate on securing the radiological materials that
present the highest risk, but also encourage the DOE to take
advantage of opportunities, as they arise, to increase the
security of radiological materials, even if the materials to be
secured represent a lower comparative risk.
Department of Energy report on plan to strengthen and expand Materials
Protection, Control, and Accounting program (sec. 3128)
The House bill contained a provision (sec. 3116) that
would require the Secretary of Energy to submit to Congress a
report that sets forth a specific plan for strengthening and
expanding the Department of Energy Materials Protection,
Control, and Accounting program. The plan would include actions
to address the issues raised and recommendations made in the
February 2007 Government Accountability Office report titled
``Progress Made in Improving Security at Russian Nuclear Sites,
but the Long-Term Sustainability of U.S. Funded Security
Upgrades is Uncertain.'' The plan would also include a long-
term operational plan to secure all weapons-usable material and
warhead sites as quickly and effectively as possible and ensure
that sufficient funding is available to carry out these
activities. The report would be due 60 days after the date of
enactment of this Act.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify
several of the elements required to be in the report, and would
direct the Secretary to submit the report to Congress no later
than 120 days after the date of enactment of this Act.
Agreements and reports on nuclear forensics capabilities (sec. 3129)
The Senate amendment contained a provision (sec. 3139)
that would authorize the Secretary of Energy, with the
concurrence of the Secretary of State, and in coordination with
the Secretary of Defense, the Secretary of Homeland Security,
and the Director of National Intelligence, to enter into
agreements with countries or other entities to collect data and
conduct such analysis as is needed to determine the source of
components or fissile materials used or attempted to be used in
a nuclear device or weapon. The provision would also require
the Secretary of Energy, in coordination with the Secretary of
State, to submit a report to Congress identifying the progress
made on entering into such agreements, including the
identification of any major obstacles to such agreements. The
provision would also require the President to submit a report
to Congress setting forth the procedures and standards to be
used to determine the source of the nuclear weapons, material,
or component, and whether the country or group knowingly or
negligently provided the material or component used or
attempted to be used. This report would also assess the
capability to make such a determination and a plan for
addressing any capability shortfalls.
The House bill contained no similar provision.
The House recedes with a technical amendment.
The conferees urge the Secretary of Energy to identify in
the portion of the report dealing with international
agreements, in the section identifying any obstacles to
completing such agreements, any additional legal or
administrative authorities that are needed to implement such
agreements, if such additional authorities are needed.
Report on status of environmental management initiatives to accelerate
the reduction of environmental risks and challenges posed by
the legacy of the Cold War (sec. 3130)
The Senate amendment contained a provision (sec. 3123)
that would require the Secretary of Energy to prepare a report
on the status of environmental management initiatives,
including the progress made in reducing environmental risks and
challenges, the status of enforceable milestones and plans for
the future, any proposals for legislation to carry out
environmental management initiatives, and an estimate of the
life cycle cost of the environmental management program. The
report would be submitted to the congressional defense
committees concurrent with the budget justification materials
in support of the Department of Energy's budget for fiscal year
2009. The provision would also require the Secretary to submit
the report to the Government Accountability Office for review.
The Comptroller General would be allotted 180 days to review
and assess the required report and then submit a report to the
congressional defense committees setting forth the results of
the review.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
date for submittal of the report and the elements to be
included. The amendment would require the Secretary to submit
the report to the congressional defense committees and the
Government Accountability Office not later than September 30,
2008. The amendment would require a listing of major mandatory
milestones and commitments, together with a summary providing a
more general description of milestones or types of milestones
that are projected to be or are in jeopardy of being missed at
each site. The amendment would also require a description of
the process currently being instituted by the Department in its
Order 430.1A for the nomination and acceptance of new work
scope into the environmental management program, as well as a
listing of pending nominations, and life cycle cost estimates
and schedules to address them. The amendment would further
require an estimate of the life cycle cost of the current
program scope. Finally, the amendment would require the
Comptroller General to submit a review of the report to the
congressional defense committees not later than March 30, 2009.
Subtitle D--Nuclear Terrorism Prevention
Definitions (sec. 3131)
The Senate amendment contained a provision (sec. 3131)
that would define terms used in sections 3132 through 3135 of
the Senate amendment. These provisions relate to nuclear
terrorism prevention.
The House bill contained no similar provision.
The House recedes.
Sense of Congress on the prevention of nuclear terrorism (sec. 3132)
The Senate amendment contained a provision (sec. 3133)
that would set forth the sense of Congress that the President
should: make the prevention of a nuclear terrorist attack on
the United States of the highest priority; request additional
funding to accelerate programs to prevent nuclear terrorism;
and work with the international community to reduce the dangers
of nuclear terrorism. The provision would further state that
the United States and the international community should make
additional efforts to ensure that all nuclear weapons worldwide
are secure and accounted for and that formula quantities of
strategic special nuclear material worldwide are eliminated,
removed, or secure and accounted for. The provision would also
specify that the International Atomic Energy Agency should be
funded appropriately to fulfill its role in protecting nuclear
material and combating nuclear smuggling.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Minimum security standard for nuclear weapons and formula quantities of
strategic special nuclear material (sec. 3133)
The Senate amendment contained a provision (sec. 3134)
that would set forth the policy of the United States to work
with the international community to ensure that nuclear weapons
around the world are secure and accounted for and that all
formula quantities of strategic special nuclear material are
eliminated, removed, or are secure and accounted for. In
furtherance of this policy, the provision would set forth
actions that the President should take to seek the broadest
possible international agreement on a global standard for
nuclear security and to work with other countries and the
International Atomic Energy Agency to ensure that security of
nuclear weapons and formula quantities of strategic special
nuclear material is upgraded to meet the global standard.
Actions that the United States takes in support of this goal
would include providing appropriate financial and technical
support to support security upgrades, and working with other
governments to ensure that appropriate security rules,
regulations, and enforcement measures are in place.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
that the statements urging presidential action reflect the
sense of Congress.
Annual report (sec. 3134)
The Senate amendment contained a provision (sec. 3135)
that would require the President, in consultation with relevant
federal departments and agencies, to submit an annual report to
Congress on the security of nuclear weapons, formula quantities
of strategic special nuclear material, radiological material,
and related equipment around the world. The report would
include a section on relevant programs and would specifically
include: a list of facilities and sites that are determined to
be the highest priority for security and accounting of nuclear
weapons and related equipment, or the elimination, removal or
security and accounting of formula quantities of strategic
special nuclear material and radiological materials; a related
prioritized diplomatic and technical plan that includes the
role that the international community is playing and could
play, including a plan for securing contributions; and an
assessment of the progress made in implementing the plan. The
report would be due annually on September 1, beginning on
September 1, 2008.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
report to nuclear weapons and related equipment and formula
quantities of strategic nuclear material. In addition, the
amendment would clarify that the report would not cover such
weapons, material, and equipment in the United States. The
amendment would sunset the reporting requirement after calendar
year 2012.
Legislative Provisions Not Adopted
Authority to use International Nuclear Materials Protection and
Cooperation program funds outside the former Soviet Union
The House bill contained a provision (sec. 3117) that
would amend section 3124 of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136) to modify certain
emergency authorities relating to the use of Department of
Energy International Nuclear Materials Protection and
Cooperation program funds outside the former Soviet Union.
The Senate amendment contained no similar provision.
The House recedes.
Findings
The Senate amendment contained a provision (sec. 3132)
that would set forth a number of findings concerning: the
possibility that terrorists may acquire and use a nuclear
weapon against the United States; the programs and
international mechanisms designed to address that threat; and
the recognition that additional efforts are needed to address
that threat.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the ``National Strategy for
Combating Terrorism'' states that ``[w]eapons of mass
destruction in the hands of terrorists is one of the gravest
threats we face.'' Similarly, former Senator Sam Nunn has
stated that ``[s]tockpiles of loosely guarded nuclear weapons
material are scattered around the world, offering inviting
targets for theft or sale.''
The conferees support strengthening and expanding, as
much as possible, the programs designed to address these
threats and other threats arising from the proliferation of
nuclear, as well as radiological, weapons and weapons-related
materials, technologies, and expertise. Such programs include
the nonproliferation programs of the Department of Energy
(DOE). These programs are critical to U.S. national security
and should be a top priority. Significant progress has been
made over the last 15 years, but much remains to be done. The
DOE nonproliferation programs would benefit from additional
funding to support new and expanded program activities.
Elsewhere in this Act, the conferees have included a number of
provisions and additional funding for these programs to ensure
that, wherever possible, actions are taken to address threats
involving nuclear and radiological weapons, and weapons-related
materials, technologies, and expertise, including actions to
reduce the possibility that a terrorist could ever acquire and
use a nuclear weapon against the United States.
TITLE XXXII--WAR RELATED NATIONAL NUCLEAR SECURITY ADMINISTRATION
AUTHORIZATIONS
Legislative Provision Adopted
Additional war-related authorization of appropriations for National
Nuclear Security Administration (sec. 3201)
The House bill contained a provision (sec. 1517) that
would authorize $50.0 million in additional fiscal year 2008
funding for Operation Iraqi Freedom and Operation Enduring
Freedom for defense nuclear nonproliferation, the amount of the
fiscal year 2008 war-related budget request for that purpose.
The Senate amendment contained a similar provision (sec.
3101) that would include in the overall amount authorized for
defense nuclear nonproliferation an additional $50.0 million
for the defense nuclear nonproliferation programs requested in
the fiscal year 2008 war-related budget.
The Senate recedes with an amendment that would specify
that of the amounts authorized, $30.0 million is for the
International Nuclear Materials Protection and Cooperation
program and $20.0 million is for the Global Threat Reduction
Initiative.
TITLE XXXIII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Legislative Provision Adopted
Authorization (sec. 3301)
The House bill contained a provision (sec. 3201) that
would authorize $22.5 million for fiscal year 2008 for the
Defense Nuclear Facilities Safety Board (DNFSB).
The Senate amendment contained a similar provision (sec.
3201) that would authorize $27.5 million for the DNFSB.
The Senate recedes.
The conferees are concerned that in the future the DNFSB
may not have the resources to attract and retain the technical
staff needed to meet its statutory responsibilities.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Legislative Provisions Adopted
Authorization of appropriations (sec. 3401)
The House bill contained a provision (sec. 3401) that
would authorize $17.3 million for the operation and maintenance
of the Naval Petroleum and Oil Shale Reserves.
The Senate amendment contained no similar provision.
The Senate recedes.
Remedial action at Moab Uranium milling site (sec. 3402)
The House bill contained a provision (sec. 3402) that
would require the Secretary of Energy to complete remediation
at the Moab site and remove the tailings to the Crescent
Junction site in Utah no later than October 1, 2019.
The Senate amendment contained a similar provision (sec.
879) that would require the Secretary to develop a strategy to
complete the remediation of the Moab site no later than January
1, 2019. In addition, the provision would direct the Secretary
of Energy to submit a report to the Committee on Energy and
Natural Resources of the Senate, the Committee on Energy and
Commerce of the House of Representatives, and the Committee on
Appropriations of each of the Senate and the House of
Representatives on how the existing cost, scope, and schedule
for remediation would be changed to meet the implementation
plan
The Senate recedes with an amendment that would direct
the Secretary of Energy to submit a report to Congress no later
than October 2, 2019, if the Secretary will not be able to
complete the remediation at the Moab site by October 1, 2019.
The conferees urge the Secretary to submit any such
report notifying Congress of any delay as soon as the Secretary
of Energy is aware of any delay.
TITLE XXXV--MARITIME ADMINISTRATION
Legislative Provisions Adopted
Authorization of appropriations for fiscal year 2008 (sec. 3501)
The House bill contained a provision (sec. 3501) that
would authorize a total of $135.3 million for fiscal year 2008,
equal to the President's budget request. Of the amount
authorized, $20.0 million would be available for the disposal
of obsolete vessels; $13.8 million for capital improvements at
the United States Merchant Marine Academy; and $8.3 million for
maintenance and repair of school ships at the State Maritime
Academies.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would increase
the amount authorized by an additional $9.0 million. Of the
additional amount authorized, $1.5 million would be for
maintenance and repair of school ships at the State Maritime
Academies; and $2.5 million would be for expenses and capital
improvements at the United States Merchant Marine Academy.
The amendment would further clarify the amounts currently
authorized in law for expenses: to maintain and preserve a U.S.
flag merchant fleet under chapter 531 of title 46, United
States Code, $156.0 million; for paying reimbursement under
section 3517 of the Maritime Security Act of 2003 (46 U.S.C.
53101 note), $19.5 million; for assistance to small shipyards
and maritime communities under section 54101 of title 46,
United States Code, $25.0 million; and for the cost (as defined
in section 502(5) of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a(5)) of loan guarantees under the program authorized
by chapter 537 of title 46, United States Code, $30.0 million.
Temporary authority to transfer obsolete combatant vessels to the Navy
for disposal (sec. 3502)
The House bill contained a provision (sec. 3502) that
would allow the Secretary of Transportation to transfer no
fewer than three combatant vessels in the non-retention fleet
of the Maritime Administration to the Navy for disposal.
The Senate amendment contained no similar provision.
The Senate recedes.
Vessel disposal program (sec. 3503)
The House bill contained a provision (sec. 3503) that
would require the Secretary of Transportation to submit a
comprehensive report on the current plan for disposal of
vessels in the non-retention fleet of the Maritime
Administration.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Transportation to convene a working group
composed of representatives from the Department of the Navy,
the Maritime Administration, the Coast Guard, the Environmental
Protection Agency, and the National Oceanic and Atmospheric
Administration, and any other federal or State organizations
who deal with the disposal of obsolete vessels. The Secretary
is directed to charter the working group to make
recommendations for the best practices that meet or exceed, and
harmonize, the requirements of federal and State environmental
laws and regulations applicable to the storage, disposal, and
interim transportation of such vessels. The amendment would
further require the Secretary to report the results of the
working group to the Senate Committee on Commerce, Science, and
Transportation, and the Committees on Armed Services of the
Senate and the House of Representatives.
Subtitle B--Programs
Commercial vessel chartering authority (sec. 3511)
The Senate amendment contained a provision (sec. 5101)
that would amend chapter 575 of title 46, United States Code,
to allow the Secretary of Transportation to enter into
contracts or other agreements on behalf of the United States to
purchase, charter, operate, or otherwise acquire the use of any
vessels documented under chapter 121 of title 46, United States
Code. The amendment would authorize the Secretary to use this
authority as the Secretary deems appropriate.
The House bill contained no similar provision.
The House recedes.
Maritime Administration vessel chartering authority (sec. 3512)
The Senate amendment contained a provision (sec. 5102)
that would amend section 50303 of title 46, United States Code,
to allow the Administrator of the Maritime Administration to
charter vessels under the control of the Administrator. The
consent of the Secretary of Defense would be required for
vessels in the Ready Reserve Force or in the National Defense
Reserve Fleet maintained in a retention status.
The House bill contained no similar provision.
The House recedes.
Chartering to State and local governmental instrumentalities (sec.
3513)
The Senate amendment contained a provision (sec. 5103)
that would amend section 11(b) of the Merchant Ship Sales Act
of 1946 (50 U.S.C. App. 1744(b)), which would allow for
chartering of vessels of the Ready Reserve Fleet on a
reimbursable basis to States, localities, or territories of the
United States.
The House bill contained no similar provision.
The House recedes.
Disposal of obsolete Government vessels (sec. 3514)
The Senate amendment contained a provision (sec. 5104)
that would amend section 6(c)(1) of the National Maritime
Heritage Act of 1994 (16 U.S.C. 5404(c)(1)), which would
require the establishment of a priority system for the disposal
of obsolete vessels consistent with their material condition
and their subsequent danger to the environment.
The House bill contained no similar provision.
The House recedes.
Vessel transfer authority (sec. 3515)
The Senate amendment contained a provision (sec. 5105)
that would amend section 50304 of title 46, United States Code,
to allow for the Secretary of Transportation to charter to
other departments of the United States Government vessels under
the jurisdiction of the Secretary, with prior consent required
by the Secretary of Defense for vessels in the Ready Reserve
Force or the National Defense Reserve Fleet.
The House bill contained no similar provision.
The House recedes.
Sea trials for the Ready Reserve force (sec. 3516)
The Senate amendment contained a provision (sec. 5106)
that would amend section 11(c)(1)(B) of the Merchant Ship Sales
Act of 1946 (50 U.S.C. App. 1744(c)(1)(B)) to change the period
of activation and sea trials of vessels of the Ready Reserve
Force to every 30 months, which would conform with current
Coast Guard regulations.
The House bill contained no similar provision.
The House recedes.
Review of applications for loans and guarantees (sec. 3517)
The Senate amendment contained a provision (sec. 5107)
that would require the Administrator of the Maritime
Administration to develop a comprehensive plan for the review
of traditional and non-traditional applications for loans and
guarantees under chapter 537 of title 46, United States Code.
The House bill contained no similar provision.
The House recedes with an amendment that contains a
statement of findings and would require, within 90 days of
receipt of all required documentation for a loan or guarantee,
defined as a traditional loan, under chapter 537 of title 46,
United States Code, the Administrator to either accept or
reject such application. The amendment would also require that
within 180 days of receipt of all required documentation for a
loan or guarantee, defined as a non-traditional loan under
chapter 537 of title 46, United States Code, the Administrator
to either accept or reject such application.
Subtitle C--Technical Corrections
Technical corrections (secs. 3521-3529)
The Senate amendment contained a Title (Title LII--
Technical Corrections) including a series of provisions (secs.
5201-5210) that would make corrections to various sections of
title 46, United States Code.
The House bill contained no similar provision.
The House recedes to the following provisions of the
Senate amendment: section 5202 (as amended); section 5203;
section 5204; section 5205; section 5206; section 5207; section
5208, with the exception of subsection (c), (Oceanographic
Research Vessels); section 5209; and section 5210.
The conferees understand that these provisions are
technical or clarifying in nature and are part of the ongoing
work of the Office of Law Revision Counsel to complete the re-
codification of title 46, United States Code. The Committee on
the Judiciary has reported legislation, H.R. 3387, with an
accompanying report (H. Rept. 110-437) that would make
substantially the same technical and clarifying changes to
title 46.
Legislative Provisions Not Adopted
Short title
The Senate amendment contained a provision (sec. 5001)
that would name the division of the bill as the ``Maritime
Administration Authorities Act of 2007''.
The House bill contained no similar provision.
The Senate recedes.
Technical corrections
The Senate amendment contained a Title (Title LII--
Technical Corrections) including a series of provisions (secs.
5201-5210) that would make corrections to various sections of
title 46, United States Code.
The House bill contained no similar provision.
The Senate recedes to the following provisions: section
5201; subsection (a) of section 5202, Personal Injury to or
Death of Seamen; and subsection (c) of section 5208,
Oceanographic Research Vessels.
The conferees were advised by the Committee on the
Judiciary of the House of Representatives and the Committee on
Transportation and Infrastructure of the House of
Representatives that these provisions would not be necessary in
connection with the re-codification and could have unintended
substantive effect.
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From the Committee on Armed Services, for
consideration of the House bill and the Senate
amendment, and modifications committed to
conference:
Ike Skelton,
John M. Spratt,
Gene Taylor,
Neil Abercrombie,
Silvestre Reyes,
Vic Snyder,
Adam Smith,
Loretta Sanchez,
Mike McIntyre,
Ellen O. Tauscher,
Robert A. Brady,
Robert E. Andrews,
Susan A. Davis,
Richard Larsen,
Jim Cooper,
Jim Marshall,
Madeleine Z. Bordallo,
Mark Udall,
Duncan Hunter,
Jim Saxton,
John M. McHugh,
Terry Everett,
Roscoe Bartlett,
Howard ``Buck'' McKeon,
Mac Thornberry,
Walter B. Jones,
Robin Hayes,
W. Todd Akin,
J. Randy Forbes,
Joe Wilson,
Michael R. Turner,
John Kline,
Thelma Drake,
From the Permanent Select Committee on
Intelligence, for consideration of matters
within the jurisdiction of that committee under
clause 11 of rule X:
Leonard L. Boswell,
Pat J. Murphy,
From the Committee on Education and Labor, for
consideration of secs. 561, 562, 675, 953, and
3118 of the House bill, and secs. 561, 562,
564, 565, and 3137 of the Senate amendment, and
modifications committed to conference:
Joe Courtney,
Timothy Walberg,
From the Committee on Energy and Commerce, for
consideration of secs. 311-313 and 1082 of the
Senate amendment, and modifications committed
to conference:
John D. Dingell,
Albert R. Wynn,
From the Committee on Foreign Affairs, for
consideration of secs. 831, 833, 1022, 1201,
1203, 1204, 1206-1208, 1221, 1222, 1231, 1241,
1242, Title XIII, and sec. 3117 of the House
bill, and secs. 871, 934, 1011, 1201-1203,
1205, 1211, 1212, 1214, 1215, 1217, 1219, 1232,
Title XIII, secs. 1511, 1512, 1532, 1533, 1539-
1542, 1571, 1574-1576, 1579, 3134, and 3139 of
the Senate amendment, and modifications
committed to conference:
Tom Lantos,
Gary Ackerman,
Ileana Ros-Lehtinen,
From the Committee on Homeland Security, for
consideration of sec. 1076 of the Senate
amendment, and modifications committed to
conference:
Bennie G. Thompson,
Christopher P. Carney,
Daniel E. Lungren,
From the Committee on Oversight and Government
Reform, for consideration of secs. 325, 326,
328-330, 604, 653, 674, 801, 802, 814, 815,
821-824, 1101-1112, 1221, 1231, and 1451 of the
House bill, and secs. 366-370, 603, 684, 821,
823, 842, 845, 846, 871, 902, 937, 1064, 1069,
1074, 1093, 1101-1106, 1108, 1540, 1542, and
2851 of the Senate amendment, and modifications
committed to conference:
Henry A. Waxman,
From the Committee on Science and Technology,
for consideration of secs. 846, 1085, and 1088
of the Senate amendment, and modifications
committed to conference:
Bart Gordon,
Gabrielle Giffords,
Vernon J. Ehlers,
From the Committee on Small Business, for
consideration of secs. 828, 1085, 1088, 4001,
4002, 4101-4103, 4201-4203, and 4301-4305 of
the Senate amendment, and modifications
committed to conference:
Nydia M. Velazquez,
Jason Altmire,
From the Committee on Transportation and
Infrastructure, for consideration of secs. 523
and 1048 of the House bill, and secs. 311-313,
353, 1070, 2853, 2855, 2863, 5101, 5202, and
5208 of the Senate amendment, and modifications
committed to conference:
Sam Graves,
From the Committee on Veterans Affairs, for
consideration of secs. 525, 1421, 1433, and
1453 of the House bill, and secs. 701, 710,
1084, 1611, 1612, 1621, 1626, 1634, 1641, 1654,
1662, and 1702-1712 of the Senate amendment,
and modifications committed to conference:
Bob Filner,
Mike Michaud,
Steve Buyer,
From the Committee on Ways and Means, for
consideration of sec. 536 of the Senate
amendment, and modifications committed to
conference:
Dave Camp,
Managers on the Part of the House.
Carl Levin,
Ted Kennedy,
J. Lieberman,
Jack Reed,
Daniel K. Akaka,
Bill Nelson,
Ben Nelson,
Evan Bayh,
Mark Pryor,
Jim Webb,
Claire McCaskill,
J. Warner,
James M. Inhofe,
Jeff Sessions,
Susan M. Collins,
Saxby Chambliss,
Lindsey Graham,
Elizabeth Dole,
John Cornyn,
Mel Martinez,
Managers on the Part of the Senate.
110th Congress 1st
Session HOUSE OF REPRESENTATIVES Report
110-477
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008
----------
CONFERENCE REPORT
to accompany
H.R. 1585
[GRAPHIC] [TIFF OMITTED] TONGRESS.#13
December 6, 2007.--Ordered to be printed
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008
For Sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; (202) 512�091800
Fax: (202) 512�092104 Mail: Stop IDCC, Washington, DC 20402�090001
110th Congress
1st Session HOUSE OF REPRESENTATIVES Report
110-477
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008
__________
CONFERENCE REPORT
to accompany
H.R. 1585
[GRAPHIC] [TIFF OMITTED] TONGRESS.#13
December 6, 2007.--Ordered to be printed
C O N T E N T S
----------
Page
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE....... 609
Summary Statement of Conference Actions...................... 609
Explanation of funding summary............................... 609
CONGRESSIONAL DEFENSE COMMITTEES................................. 622
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS................. 622
Title I--Procurement............................................. 622
Procurement overview..................................... 622
Budget Items................................................. 624
Aircraft Procurement, Army--Overview..................... 624
Missile Procurement, Army--Overview...................... 629
Procurement of Weapons and Tracked Combat Vehicles,
Army--Overview......................................... 632
Procurement of Ammunition, Army--Overview................ 638
Other Procurement, Army--Overview........................ 643
Aircraft Procurement, Navy--Overview..................... 663
Weapons Procurement, Navy--Overview...................... 670
Procurement of Ammunition, Navy and Marine Corps--
Overview............................................... 674
Shipbuilding and Conversion, Navy--Overview.............. 679
Other Procurement, Navy--Overview........................ 683
Procurement, Marine Corps--Overview...................... 696
Aircraft Procurement, Air Force--Overview................ 704
Procurement of Ammunition, Air Force--Overview........... 713
Missile Procurement, Air Force--Overview................. 716
Advanced extremely high frequency satellite.............. 720
Other Procurement, Air Force--Overview................... 720
Procurement, Defense-wide--Overview...................... 727
National Guard and Reserve Equipment--Overview........... 735
Item of Special Interest..................................... 738
Unmanned aerial systems management....................... 738
Subtitle A--Authorization of Appropriations.................. 739
Authorization of appropriations (secs. 101-105).......... 739
Subtitle B--Army Programs.................................... 739
Multiyear procurement authority for M1A2 Abrams System
Enhancement Package upgrades (sec. 111)................ 739
Multiyear procurement authority for M2A3/M3A3 Bradley
fighting vehicle upgrades (sec. 112)................... 739
Multiyear procurement authority for conversion of CH-47D
helicopters to CH-47F configuration (sec. 113)......... 739
Multiyear procurement authority for CH-47F helicopters
(sec. 114)............................................. 739
Limitation on use of funds for Increment 1 of the
Warfighter Information Network-Tactical program pending
certification to Congress (sec. 115)................... 740
Prohibition on closure of Army Tactical Missile System
production line pending report (sec. 116).............. 740
Stryker Mobile Gun System (sec. 117)..................... 740
Subtitle C--Navy Programs.................................... 740
Multiyear procurement authority for Virginia-class
submarine program (sec. 121)........................... 740
Report on shipbuilding investment strategy (sec. 122).... 741
Sense of Congress on the preservation of a skilled United
States shipyard workforce (sec. 123)................... 741
Assessments required prior to start of construction on
first ship of a shipbuilding program (sec. 124)........ 742
Littoral Combat Ship (LCS) program (sec. 125)............ 742
Subtitle D--Air Force Programs............................... 742
Limitation on Joint Cargo Aircraft (sec. 131)............ 742
Clarification of limitation on retirement of U-2 aircraft
(sec. 132)............................................. 743
Repeal of requirement to maintain retired C-130E tactical
aircraft (sec. 133).................................... 743
Limitation on retirement of C-130E/H tactical airlift
aircraft (sec. 134).................................... 743
Limitation on retirement of KC-135E aerial refueling
aircraft (sec. 135).................................... 744
Transfer to Government of Iraq of three C-130E tactical
airlift aircraft (sec. 136)............................ 744
Modification of limitations on retirement of B-52 bomber
aircraft (sec. 137).................................... 744
Legislative Provisions Not Adopted........................... 745
Advance procurement for Virginia class submarine program. 745
Authority to transfer funds for submarine engineered
refueling overhauls and conversions and for aircraft
carrier refueling complex overhauls.................... 745
Consolidation of Joint Network Node program and
Warfighter Information Network-Tactical program into
single Army tactical network program................... 746
General fund enterprise business system.................. 746
Limitation on final assembly of VH-71 presidential
transport helicopters.................................. 746
Limitation on retiring C-5 aircraft...................... 746
Responsibility of the Air Force for fixed-wing support of
Army intra-theater logistics........................... 747
Sense of Congress on rapid fielding of Associate
Intermodal Platform system and other innovative
logistics systems...................................... 748
Sense of Congress on the Air Force strategy for the
replacement of the aerial refueling tanker aircraft
fleet.................................................. 748
Sense of Congress regarding need to replace Army M109
155mm self-propelled howitzer.......................... 748
Title II--Research, Development, Test, and Evaluation............ 749
Budget Items................................................. 749
Research, Development, Test, and Evaluation overview..... 749
Army..................................................... 751
Research, Development, Test, and Evaluation, Army
overview........................................... 751
Wide-area persistent surveillance.................... 769
Navy..................................................... 769
Research, Development, Test, and Evaluation, Navy
overview........................................... 769
Threat D............................................. 784
Air Force................................................ 784
Research, Development, Test, and Evaluation, Air
Force overview..................................... 784
Global positioning system III........................ 799
Transformational communication satellite system...... 799
Space Radar.......................................... 800
Alternate infrared satellite system.................. 801
Defense-wide............................................. 801
Research, Development, Test, and Evaluation, Defense-
wide overview...................................... 801
National defense education program................... 817
Airborne Laser....................................... 817
Aegis ballistic missile defense...................... 818
Prompt Global Strike................................. 819
Joint command and control............................ 820
Test and Evaluation...................................... 820
Operational, Test, and Evaluation, Defense overview.. 820
Items of Special Interest.................................... 822
Aerial common sensor..................................... 822
Missile defense test and targets program................. 822
NSA acquisition management............................... 824
Subtitle A--Authorization of Appropriations.................. 824
Authorization of appropriations (sec. 201)............... 824
Amount for defense science and technology (sec. 202)..... 824
Subtitle B--Program Requirements, Restrictions, and
Limitations................................................ 825
Operational test and evaluation of Future Combat Systems
network (sec. 211)..................................... 825
Limitation on use of funds for systems development and
demonstration of Joint Light Tactical Vehicle program
(sec. 212)............................................. 825
Requirement to obligate and expend funds for development
and procurement of a competitive propulsion system for
the Joint Strike Fighter (sec. 213).................... 826
Limitation on use of funds for defense-wide manufacturing
science and technology program (sec. 214).............. 826
Advanced sensor applications program (sec. 215).......... 826
Active protection systems (sec. 216)..................... 827
Subtitle C--Ballistic Missile Defense........................ 827
Participation of Director, Operational Test and
Evaluation, in missile defense test and evaluation
activities (sec. 221).................................. 827
Study on future roles and missions of the Missile Defense
Agency (sec. 222)...................................... 827
Budget and acquisition requirements for Missile Defense
Agency activities (sec. 223)........................... 828
Limitation on use of funds for replacing warhead on SM-3
Block IIA missile (sec. 224)........................... 829
Extension of Comptroller General assessments of ballistic
missile defense programs (sec. 225).................... 830
Limitation on availability of funds for procurement,
construction, and deployment of missile defenses in
Europe (sec. 226)...................................... 830
Sense of Congress on missile defense cooperation with
Israel (sec. 227)...................................... 832
Limitation on availability of funds for deployment of
missile defense interceptors in Alaska (sec. 228)...... 833
Policy of the United States on protection of the United
States and its allies against Iranian ballistic
missiles (sec. 229).................................... 833
Subtitle D--Other Matters.................................... 833
Coordination of human systems integration activities
related to acquisition programs (sec. 231)............. 833
Expansion of authority for provision of laboratory
facilities, services, and equipment (sec. 232)......... 834
Modification of cost sharing requirement for technology
transition initiative (sec. 233)....................... 835
Report on implementation of Manufacturing Technology
Program (sec. 234)..................................... 835
Assessment of sufficiency of test and evaluation
personnel (sec. 235)................................... 835
Repeal of requirement for separate reports on technology
area review and assessment summaries (sec. 236)........ 835
Modification of notice and wait requirement for
obligation of funds for foreign comparative test
program (sec. 237)..................................... 836
Strategic plan for the Manufacturing Technology Program
(sec. 238)............................................. 836
Modification of authorities on coordination of Defense
Experimental Program to Stimulate Competitive Research
with similar federal programs (sec. 239)............... 837
Enhancement of defense nanotechnology research and
development program (sec. 240)......................... 837
Federally funded research and development center
assessment of the Defense Experimental Program to
Stimulate Competitive Research (sec. 241).............. 837
Cost-benefit analysis of proposed funding reduction for
High Energy Laser Systems Test Facility (sec. 242)..... 837
Prompt global strike (sec. 243).......................... 838
Legislative Provisions Not Adopted........................... 838
Gulf War illnesses research.............................. 838
Increased funds for X Lab battlespace laboratory......... 839
Modeling, analysis, and simulation of military and non-
military operations in complex urban environments...... 839
Reduction of amounts for Army Venture Capital Fund
demonstration.......................................... 839
Sense of Congress concerning full support for development
and fielding of a layered ballistic missile defense.... 840
Title III--Operation and Maintenance............................. 840
Operation and maintenance overview....................... 840
Subtitle A--Authorization of Appropriations.................. 876
Operation and maintenance funding (sec. 301)............. 876
Subtitle B--Environmental Provisions......................... 876
Reimbursement of Environmental Protection Agency for
certain costs in connection with Moses Lake Wellfield
Superfund Site, Moses Lake, Washington (sec. 311)...... 876
Reimbursement of Environmental Protection Agency for
certain costs in connection with the Arctic Surplus
Superfund Site, Fairbanks, Alaska (sec. 312)........... 876
Payment to Environmental Protection Agency of stipulated
penalties in connection with Jackson Park Housing
Complex, Washington (sec. 313)......................... 876
Report on control of the brown tree snake (sec. 314)..... 876
Notification of certain residents and civilian employees
at Camp Lejeune, North Carolina, of exposure to
drinking water contamination (sec. 315)................ 877
Subtitle C--Workplace and Depot Issues....................... 877
Availability of funds in Defense Information Systems
Agency working capital fund for technology upgrades to
Defense Information Systems Network (sec. 321)......... 877
Modification to public-private competition requirements
before conversion to contractor performance (sec. 322). 877
Public-private competition at end of period specified in
performance agreement not required (sec. 323).......... 877
Guidelines on insourcing new and contracted out functions
(sec. 324)............................................. 878
Restriction on Office of Management and Budget influence
over Department of Defense public-private competitions
(sec. 325)............................................. 878
Bid protests by federal employees in actions under Office
of Management and Budget Circular A-76 (sec. 326)...... 879
Public-private competition required before conversion to
contractor performance (sec. 327)...................... 879
Extension of authority for Army industrial facilities to
engage in cooperative activities with non-Army entities
(sec. 328)............................................. 879
Reauthorization and modification of multi-trades
demonstration project (sec. 329)....................... 880
Pilot program for availability of working-capital funds
to Army for certain product improvements (sec. 330).... 880
Subtitle D--Extension of Program Authorities................. 881
Extension of Arsenal Support Program Initiative (sec.
341)................................................... 881
Extension of period for reimbursement for helmet pads
purchased by members of the armed forces deployed in
contingency operations (sec. 342)...................... 882
Extension of temporary authority for contract performance
of security guard functions (sec. 343)................. 883
Subtitle E--Reports.......................................... 883
Reports on National Guard readiness for emergencies and
major disasters (sec. 351)............................. 883
Annual report on prepositioned materiel and equipment
(sec. 352)............................................. 884
Report on incremental cost of early 2007 enhanced
deployment (sec. 353).................................. 885
Modification of requirements of Comptroller General
report on the readiness of Army and Marine Corps ground
forces (sec. 354)...................................... 885
Plan to improve readiness of ground forces of active and
reserve components (sec. 355).......................... 885
Independent assessment of Civil Reserve Air Fleet
viability (sec. 356)................................... 886
Department of Defense Inspector General report on
physical security of Department of Defense
installations (sec. 357)............................... 886
Review of high-altitude aviation training (sec. 358)..... 886
Reports on safety measures and encroachment issues and
master plan for Warren Grove Gunnery Range, New Jersey
(sec. 359)............................................. 887
Report on search and rescue capabilities of the Air Force
in the northwestern United States (sec. 360)........... 887
Report and master infrastructure recapitalization plan
for Cheyenne Mountain Air Station, Colorado (sec. 361). 888
Subtitle F--Other Matters.................................... 888
Enhancement of corrosion control and prevention functions
within Department of Defense (sec. 371)................ 888
Authority for Department of Defense to provide support
for certain sporting events (sec. 372)................. 889
Authority to impose reasonable restrictions on payment of
full replacement value for lost or damaged personal
property transported at government expense (sec. 373).. 889
Priority transportation on Department of Defense aircraft
of retired members residing in commonwealths and
possessions of the United States for certain health
care services (sec. 374)............................... 890
Recovery of missing military property (sec. 375)......... 890
Retention of combat uniforms by members of the armed
forces deployed in support of contingency operations
(sec. 376)............................................. 890
Issue of serviceable material of the Navy other than to
armed forces (sec. 377)................................ 890
Reauthorization of Aviation Insurance Program (sec. 378). 891
Legislative Provisions Not Adopted........................... 891
Increase in threshold amount for contracts for
procurement of capital assets in advance............... 891
Authorization of use of working-capital funds for
acquisition of certain items........................... 891
Individual body armor.................................... 891
Additional requirements for annual report on public-
private competitions................................... 892
Sense of Senate on the Air Force logistics centers....... 892
Plan for optimal use of strategic ports by commander of
surface distribution and deployment command............ 892
Report on public-private partnerships.................... 893
Continuity of depot operations to reset combat equipment
and vehicles in support of wars in Iraq and Afghanistan 893
Sense of Congress on future use of synthetic fuels in
military systems....................................... 894
Limitation on the expenditure of funds for initial flight
screening at Pueblo Memorial Airport................... 895
Title IV--Military Personnel Authorizations...................... 895
Subtitle A--Active Forces.................................... 895
End strengths for active forces (sec. 401)............... 895
Revision in permanent active duty end strength minimum
levels (sec. 402)...................................... 896
Additional authority for increases of Army and Marine
Corps active duty end strengths for fiscal years 2009
and 2010 (sec. 403).................................... 896
Increase in authorized strengths for Army officers on
active duty in the grade of major (sec. 404)........... 896
Increase in authorized strengths for Navy officers on
active duty in the grades of lieutenant commander,
commander, and captain (sec. 405)...................... 897
Increase in authorized daily average of number of members
in pay grade E-9 (sec. 406)............................ 897
Subtitle B--Reserve Forces................................... 897
End strengths for Selected Reserve (sec. 411)............ 897
End strengths for Reserves on active duty in support of
the reserves (sec. 412)................................ 898
End strengths for military technicians (dual status)
(sec. 413)............................................. 898
Fiscal year 2008 limitation on number of non-dual status
technicians (sec. 414)................................. 899
Maximum number of reserve personnel authorized to be on
active duty for operational support (sec. 415)......... 899
Future authorizations and accounting for certain reserve
component personnel authorized to be on active duty or
full-time National Guard duty to provide operational
support (sec. 416)..................................... 899
Revision of variances authorized for Selected Reserve end
strengths (sec. 417)................................... 899
Subtitle C--Authorization of Appropriations.................. 899
Military Personnel (sec. 421)............................ 899
Legislative Provision Not Adopted............................ 900
Offsetting transfers from the National Defense Stockpile
Transaction Fund....................................... 900
Title V--Military Personnel Policy............................... 900
Subtitle A--Officer Personnel Policy......................... 900
Assignment of officers to designated positions of
importance and responsibility (sec. 501)............... 900
Enhanced authority for reserve general and flag officers
to serve on active duty (sec. 502)..................... 900
Increase in years of commissioned service threshold for
discharge of probationary officers and for use of force
shaping authority (sec. 503)........................... 901
Mandatory retirement age for active-duty general and flag
officers continued on active duty (sec. 504)........... 901
Authority for reduced mandatory service obligation for
initial appointments of officers in critically short
health professional specialties (sec. 505)............. 901
Expansion of authority for reenlistment of officers in
their former enlisted grade (sec. 506)................. 902
Increase in authorized number of permanent professors at
the United States Military Academy (sec. 507).......... 902
Promotion of career military professors of the Navy (sec.
508)................................................... 902
Subtitle B--Reserve Component Management..................... 902
Retention of military technicians who lose dual status in
the Selected Reserve due to combat-related disability
(sec. 511)............................................. 902
Constructive service credit upon original appointment of
reserve officers in certain health care professions
(sec. 512)............................................. 903
Mandatory separation of reserve officers in the grade of
lieutenant general or vice admiral after completion of
38 years of commissioned service (sec. 513)............ 903
Maximum period of temporary federal recognition of person
as Army National Guard officer or Air National Guard
officer (sec. 514)..................................... 903
Advance notice to members of reserve components of
deployment in support of contingency operations (sec.
515)................................................... 904
Report on relief from professional licensure and
certification requirements for reserve component
members on long-term active duty (sec. 516)............ 904
Subtitle C--Education and Training........................... 904
Revisions to authority to pay tuition for off-duty
training or education (sec. 521)....................... 904
Reduction or elimination of service obligation in an Army
Reserve or Army National Guard troop program unit for
certain persons selected as medical students at
Uniformed Services University of the Health Sciences
(sec. 522)............................................. 904
Repeal of annual limit on number of ROTC scholarships
under Army Reserve and Army National Guard financial
assistance program (sec. 523).......................... 905
Treatment of prior active service of members in uniformed
medical accession programs (sec. 524).................. 905
Repeal of post-2007-2008 academic year prohibition on
phased increase in cadet strength limit at the United
States Military Academy (sec. 525)..................... 906
National Defense University master's degree programs
(sec. 526)............................................. 906
Authority of the Air University to confer degree of
master of science in flight test engineering (sec. 527) 906
Enhancement of education benefits for certain members of
reserve components (sec. 528).......................... 906
Extension of period of entitlement to educational
assistance for certain members of the Selected Reserve
affected by force shaping initiatives (sec. 529)....... 907
Time limit for use of educational assistance benefit for
certain members of reserve components and resumption of
benefit (sec. 530)..................................... 907
Secretary of Defense evaluation of the adequacy of the
degree-granting authorities of certain military
universities and educational institutions (sec. 531)... 907
Report on success of Army National Guard and Reserve
Senior Reserve Officers' Training Corps financial
assistance program (sec. 532).......................... 908
Report on utilization of tuition assistance by members of
the armed forces (sec. 533)............................ 908
Navy Junior Reserve Officers' Training Corps unit for
Southold, Mattituck, and Greenport High Schools (sec.
534)................................................... 908
Report on transfer of administration of certain
educational assistance programs for members of the
reserve components (sec. 535).......................... 909
Subtitle D--Military Justice and Legal Assistance Matters.... 909
Authority to designate civilian employees of the Federal
Government and dependents of deceased members as
eligible for legal assistance from Department of
Defense legal staff resources (sec. 541)............... 909
Authority of judges of the United States Court of Appeals
for the Armed Forces to administer oaths (sec. 542).... 909
Modification of authorities on senior members of the
Judge Advocate Generals' Corps (sec. 543).............. 910
Prohibition against members of the armed forces
participating in criminal street gangs (sec. 544)...... 910
Subtitle E--Military Leave................................... 910
Temporary enhancement of carryover of accumulated leave
for members of the armed forces (sec. 551)............. 910
Enhancement of rest and recuperation leave (sec. 552).... 911
Subtitle F--Decorations and Awards........................... 911
Authorization and request for award of Medal of Honor to
Leslie H. Sabo, Jr., for acts of valor during the
Vietnam War (sec. 561)................................. 911
Authorization and request for award of Medal of Honor to
Henry Svehla for acts of valor during the Korean War
(sec. 562)............................................. 911
Authorization and request for award of Medal of Honor to
Woodrow W. Keeble for acts of valor during the Korean
War (sec. 563)......................................... 911
Authorization and request for award of Medal of Honor to
Private Philip G. Shadrach for acts of valor as one of
Andrews' Raiders during the Civil War (sec. 564)....... 911
Authorization and request for award of Medal of Honor to
Private George D. Wilson for acts of valor as one of
Andrews' Raiders during the Civil War (sec. 565)....... 912
Subtitle G--Impact Aid and Defense Dependents Education
System..................................................... 912
Continuation of authority to assist local educational
agencies that benefit dependents of members of the
armed forces and Department of Defense civilian
employees (sec. 571)................................... 912
Impact aid for children with severe disabilities (sec.
572)................................................... 912
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 (sec. 573).... 912
Payment of private boarding school tuition for military
dependents in overseas areas not served by Defense
Dependents' Education System schools (sec. 574)........ 913
Subtitle H--Military Families................................ 913
Department of Defense Military Family Readiness Council
and policy and plans for military family readiness
(sec. 581)............................................. 913
Yellow Ribbon Reintegration Program (sec. 582)........... 913
Study to enhance and improve support services and
programs for families of members of regular and reserve
components undergoing deployment (sec. 583)............ 914
Protection of child custody arrangements for parents who
are members of the armed forces deployed in support of
a contingency operation (sec. 584)..................... 916
Family leave in connection with injured members of the
Armed Forces (sec. 585)................................ 916
Family care plans and deferment of deployment of single
parent or dual military couples with minor dependents
(sec. 586)............................................. 917
Education and treatment services for military dependent
children with autism (sec. 587)........................ 917
Commendation of efforts of Project Compassion in paying
tribute to members of the armed forces who have fallen
in the service of the United States (sec. 588)......... 918
Subtitle I--Other Matters.................................... 918
Uniform performance policies for military bands and other
musical units (sec. 590)............................... 918
Transportation of remains of deceased members of the
armed forces and certain other persons (sec. 591)...... 918
Expansion of number of academies supportable in any State
under STARBASE program (sec. 592)...................... 919
Gift acceptance authority (sec. 593)..................... 919
Conduct by members of the Armed Forces and veterans out
of uniform during hoisting, lowering, or passing of
United States flag (sec. 594).......................... 919
Annual report on cases reviewed by National Committee for
Employer Support of the Guard and Reserve (sec. 595)... 919
Modification of Certificate of Release or Discharge from
Active Duty (DD Form 214) (sec. 596)................... 920
Reports on administrative separations of members of the
Armed Forces for personality disorder (sec. 597)....... 920
Program to commemorate 50th anniversary of the Vietnam
War (sec. 598)......................................... 921
Recognition of members of the Monuments, Fine Arts, and
Archives program of the Civil Affairs and Military
Government Sections of the Armed Forces during and
following World War II (sec. 599)...................... 921
Legislative Provisions Not Adopted........................... 921
Cold War Victory Medal................................... 921
Combat veterans mentoring program for current members of
the Armed Forces....................................... 921
Emergency assistance for local educational agencies
enrolling military dependent children.................. 922
Establishment of Combat Medevac Badge.................... 922
Expansion of exclusion of military permanent professors
from strength limitations for officers below general
and flag grades........................................ 922
Heavily impacted local educational agencies.............. 922
Navy Senior Reserve Officers' Training Corps program at
University of Miami, Coral Gables, Florida............. 923
Prohibition on the unauthorized use of names and images
of members of the Armed Forces......................... 923
Title VI--Compensation and Other Personnel Benefits.............. 924
Subtitle A--Pay and Allowances............................... 924
Fiscal year 2008 increase in military basic pay (sec.
601)................................................... 924
Basic allowance for housing for reserve component members
without dependents who attend accession training while
maintaining a primary residence (sec. 602)............. 924
Extension and enhancement of authority for temporary
lodging expenses for members of the armed forces in
areas subject to major disaster declaration or for
installations experiencing sudden increase in personnel
levels (sec. 603)...................................... 924
Income replacement payments for reserve component members
experiencing extended and frequent mobilization for
active duty service (sec. 604)......................... 924
Midmonth payment of basic pay for contributions of
members of the uniformed services participating in
Thrift Savings Plan (sec. 605)......................... 925
Subtitle B--Bonuses and Special and Incentive Pays........... 925
Extension of certain bonus and special pay authorities
for reserve forces (sec. 611).......................... 925
Extension of certain bonus and special pay authorities
for health care professionals (sec. 612)............... 925
Extension of special pay and bonus authorities for
nuclear officers (sec. 613)............................ 925
Extension of authorities relating to payment of other
bonuses and special pays (sec. 614).................... 926
Increase in incentive special pay and multiyear retention
bonus for medical officers (sec. 615).................. 926
Increase in dental officer additional special pay (sec.
616)................................................... 926
Increase in maximum monthly rate of hardship duty pay and
authority to provide hardship duty pay in a lump sum
(sec. 617)............................................. 927
Definition of sea duty for career sea pay to include
service as off-cycle crewmembers of multi-crew ships
(sec. 618)............................................. 927
Reenlistment bonus for members of the Selected Reserve
(sec. 619)............................................. 927
Availability of Selected Reserve accession bonus for
persons who previously served in the armed forces for a
short period (sec. 620)................................ 927
Availability of nuclear officer continuation pay for
officers with more than 26 years of commissioned
service (sec. 621)..................................... 927
Waiver of years-of-service limitation on receipt of
critical skills retention bonus (sec. 622)............. 928
Accession bonus for participants in the Armed Forces
Health Professions Scholarship and Financial Assistance
Program (sec. 623)..................................... 928
Payment of assignment incentive pay for reserve members
serving in combat zone for more than 22 months (sec.
624)................................................... 928
Subtitle C--Travel and Transportation Allowances............. 929
Payment of inactive duty training travel costs for
certain Selected Reserve members (sec. 631)............ 929
Survivors of deceased members eligible for transportation
to attend burial ceremonies (sec. 632)................. 929
Allowance for participation of reserves in electronic
screening (sec. 633)................................... 929
Allowance for civilian clothing for members of the armed
forces traveling in connection with medical evacuation
(sec. 634)............................................. 929
Payment of moving expenses for Junior Reserve Officers'
Training Corps instructors in hard-to-fill positions
(sec. 635)............................................. 930
Subtitle D--Retired Pay and Survivor Benefits................ 930
Expansion of combat-related special compensation
eligibility (sec. 641)................................. 930
Inclusion of veterans with service-connected disabilities
rated as total by reason of unemployability under
termination of phase-in of concurrent receipt of
retired pay and veterans' disability compensation (sec.
642)................................................... 930
Recoupment of annuity amounts previously paid, but
subject to offset for Dependency and Indemnity
Compensation (sec. 643)................................ 930
Special survivor indemnity allowance for persons affected
by required Survivor Benefit Plan annuity offset for
Dependency and Indemnity Compensation (sec. 644)....... 931
Modification of authority of members of the armed forces
to designate recipients for payment of death gratuity
(sec. 645)............................................. 931
Clarification of application of retired pay multiplier
percentage to members of the uniformed services with
over 30 years of service (sec. 646).................... 932
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 (sec.
647)................................................... 932
Computation of years of service for purposes of retired
pay for non-regular service (sec. 648)................. 932
Subtitle E--Commissary and Nonappropriated Fund
Instrumentality Benefits................................... 933
Authority to continue commissary and exchange benefits
for certain involuntarily separated members of the
armed forces (sec. 651)................................ 933
Authorization of installment deductions from pay of
employees of nonappropriated fund instrumentalities to
collect indebtedness to the United States (sec. 652)... 933
Subtitle F--Consolidation of Special Pay, Incentive Pay, and
Bonus Authorities.......................................... 933
Consolidation of special pay, incentive pay, and bonus
authorities of the uniformed services (sec. 661)....... 933
Transitional provisions (sec. 662)....................... 934
Subtitle G--Other Matters.................................... 934
Referral bonus authorities (sec. 671).................... 934
Expansion of education loan repayment program for members
of the Selected Reserve (sec. 672)..................... 934
Ensuring entry into United States after time abroad for
permanent resident alien military spouses and children
(sec. 673)............................................. 935
Overseas naturalization for military spouses and children
(sec. 674)............................................. 935
Modification of amount of back pay for members of Navy
and Marine Corps selected for promotion while interned
as prisoners of war during World War II to take into
account changes in Consumer Price Index (sec. 675)..... 935
Legislative Provisions Not Adopted........................... 935
Access to defense commissary and exchange system by
surviving spouse and dependents of certain disabled
veterans............................................... 935
Annuities for guardians or caretakers of dependent
children under Survivor Benefit Plan................... 936
Disregarding periods of confinement of member in
determining benefits for dependents who are victims of
abuse by the member.................................... 936
Effective date of paid-up coverage under Survivor Benefit
Plan................................................... 936
Guaranteed pay increase for members of the armed forces
of one-half of one percentage point higher than
Employment Cost Index.................................. 936
Payment of expenses of travel to the United States for
obstetrical purposes of dependents located in very
remote locations outside the United States............. 936
Postal benefits program for members of the armed forces
serving in Iraq or Afghanistan......................... 937
Transportation of additional motor vehicle of members on
change of permanent station to or from nonforeign areas
outside the continental United States.................. 937
Title VII--Health Care Provisions................................ 937
Subtitle A--Improvements to Military Health Benefits......... 937
One-year extension of prohibition on increases in certain
health care costs for members of the uniformed services
(sec. 701)............................................. 937
Temporary prohibition on increase in copayments under
retail pharmacy system of pharmacy benefits program
(sec. 702)............................................. 938
Inclusion of TRICARE retail pharmacy program in federal
procurement of pharmaceuticals (sec. 703).............. 938
Stipend for members of reserve components for health care
for certain dependents (sec. 704)...................... 938
Authority for expansion of persons eligible for continued
health benefits coverage (sec. 705).................... 939
Continuation of eligibility for TRICARE Standard coverage
for certain members of the Selected Reserve (sec. 706). 939
Extension of pilot program for health care delivery (sec.
707)................................................... 989
Inclusion of mental health care in definition of health
care and report on mental health care services (sec.
708)................................................... 940
Subtitle B--Studies and Reports.............................. 940
Surveys on continued viability of TRICARE Standard and
TRICARE Extra (sec. 711)............................... 940
Report on training in preservation of remains under
combat or combat-related conditions (sec. 712)......... 941
Report on patient satisfaction surveys (sec. 713)........ 941
Report on medical physical examinations of members of the
armed forces before their deployment (sec. 714)........ 941
Report and study on multiple vaccinations of members of
the armed forces (sec. 715)............................ 941
Review of gender- and ethnic group-specific mental health
services and treatment for members of the armed forces
(sec. 716)............................................. 942
Licensed mental health counselors and the TRICARE program
(sec. 717)............................................. 942
Report on funding of the Department of Defense for health
care (sec. 718)........................................ 943
Subtitle C--Other Matters.................................... 943
Prohibition on conversion of military medical and dental
positions to civilian medical and dental positions
(sec. 721)............................................. 943
Establishment of Joint Pathology Center (sec. 722)....... 944
Legislative Provisions Not Adopted........................... 944
Establishment of nurse practitioner program.............. 944
Sense of Congress on fees and adjustments under the
TRICARE program........................................ 944
Implementation of recommendations of Department of
Defense Mental Health Task Force....................... 945
Title VIII--Acquisition Policy, Acquisition Management, and
Related Matters................................................ 945
Short title (sec. 800)................................... 945
Subtitle A--Acquisition Policy and Management................ 945
Internal controls for procurements on behalf of the
Department of Defense by certain non-defense agencies
(sec.801).............................................. 945
Lead systems integrators (sec. 802)...................... 946
Reinvestment in domestic sources of strategic materials
(sec. 803)............................................. 946
Clarification of the protection of strategic materials
critical to national security (sec. 804)............... 946
Procurement of commercial services (sec. 805)............ 947
Specification of amounts requested for procurement of
contract services (sec. 806)........................... 948
Inventories and reviews of contracts for services (sec.
807)................................................... 948
Independent management reviews of contracts for services
(sec. 808)............................................. 949
Implementation and enforcement of requirements applicable
to undefinitized contractual actions (sec. 809)........ 949
Clarification of limited acquisition authority for
Special Operations Command (sec. 810).................. 950
Subtitle B--Provisions Relating to Major Defense Acquisition
Programs................................................... 950
Requirements applicable to multiyear contracts for the
procurement of major systems of the Department of
Defense (sec. 811)..................................... 950
Changes to Milestone B certifications (sec. 812)......... 951
Comptroller General report on Department of Defense
organization and structure for major defense
acquisition programs (sec. 813)........................ 951
Clarification of submission of cost or pricing data on
noncommercial modifications of commercial items (sec.
814)................................................... 952
Clarification of rules regarding the procurement of
commercial items (sec. 815)............................ 952
Review of systemic deficiencies on major defense
acquisition programs (sec. 816)........................ 952
Investment strategy for major defense acquisition
programs (sec. 817).................................... 953
Report on implementation of recommendations on total
ownership cost for major weapon systems (sec. 818)..... 953
Subtitle C--Amendments to General Contracting Authorities,
Procedures, and Limitations................................ 953
Plan for restricting government-unique contract clauses
on commercial contracts (sec. 821)..................... 953
Extension of authority for use of simplified acquisition
procedures for certain commercial items (sec. 822)..... 953
Five-year extension of authority to carry out certain
prototype projects (sec. 823).......................... 954
Exemption of Special Operations Command from certain
requirements for certain contracts relating to vessels,
aircraft, and combat vehicles (sec. 824)............... 954
Provision of authority to maintain equipment to Unified
Combatant Command for Joint Warfighting (sec. 825)..... 954
Market research (sec. 826)............................... 954
Modification of competition requirements for purchases
from Federal Prison Industries (sec. 827).............. 954
Multiyear contract authority for electricity from
renewable energy sources (sec. 828).................... 955
Procurement of fire resistant rayon fiber for the
production of uniforms from foreign sources (sec. 829). 955
Comptroller General review of non-competitive awards of
congressional and executive branch interest items (sec.
830)................................................... 955
Subtitle D--Accountability in Contracting.................... 955
Commission on Wartime Contracting in Iraq and Afghanistan
(sec. 841)............................................. 955
Investigation of waste, fraud, and abuse in wartime
contracts and contracting processes in Iraq and
Afghanistan (sec. 842)................................. 956
Enhanced competition requirements for task and delivery
order contracts (sec. 843)............................. 956
Public disclosure of justification and approval documents
for noncompetitive contracts (sec. 844)................ 956
Disclosure of government contractor audit findings (sec.
845)................................................... 956
Protection of contractor employees from reprisal for
disclosure of certain information (sec. 846)........... 957
Requirements for senior Department of Defense officials
seeking employment with defense contractors (sec. 847). 957
Report on contractor ethics programs of major defense
contractors (sec. 848)................................. 957
Contingency contracting training for personnel outside
the acquisition workforce and evaluations of Army
Commission recommendations (sec. 849).................. 958
Subtitle E--Acquisition Workforce Provisions................. 958
Requirement for section on defense acquisition workforce
in strategic human capital plan (sec. 851)............. 958
Department of Defense acquisition workforce development
fund (sec. 852)........................................ 958
Extension of authority to fill shortage category
positions for certain federal acquisition positions
(sec. 853)............................................. 959
Repeal of sunset of acquisition workforce training fund
(sec. 854)............................................. 959
Federal acquisition workforce improvements (sec. 855).... 959
Subtitle F--Contracts in Iraq and Afghanistan................ 960
Memorandum of understanding on matters relating to
contracting (sec. 861)................................. 960
Contractors performing private security functions in
areas of combat operations (sec. 862).................. 960
Comptroller General reviews and reports on contracting in
Iraq and Afghanistan (sec. 863)........................ 961
Definitions and other general provisions (sec. 864)...... 961
Subtitle G--Defense Materiel Readiness Board................. 961
Establishment of Defense Materiel Readiness Board (sec.
871)................................................... 961
Critical materiel readiness shortfalls (sec. 872)........ 961
Subtitle H--Other Matters.................................... 962
Clearinghouse for rapid identification and dissemination
of commercial information technologies (sec. 881)...... 962
Authority to license certain military designations and
likenesses of weapons systems to toy and hobby
manufacturers (sec. 882)............................... 962
Modifications to limitation on contracts to acquire
military flight simulator (sec. 883)................... 962
Requirements relating to waivers of certain domestic
source limitations relating to specialty metals (sec.
884)................................................... 962
Telephone services for military personnel serving in
combat zones (sec. 885)................................ 963
Enhanced authority to acquire products and services
produced in Iraq and Afghanistan (sec. 886)............ 963
Defense Science Board review of Department of Defense
policies and procedures for the acquisition of
information technology (sec. 887)...................... 964
Green procurement policy (sec. 888)...................... 964
Comptroller General review of use of authority under the
Defense Production Act of 1950 (sec. 889).............. 964
Prevention of arms export control violations (sec. 890).. 964
Procurement goal for native Hawaiian-serving institutions
and Alaska native-serving institutions (sec. 891)...... 965
Competition for procurement of small arms supplied to
Iraq and Afghanistan (sec. 892)........................ 965
Legislative Provisions Not Adopted........................... 965
Clarification of jurisdiction of the United States
district courts to hear bid protest disputes involving
maritime contracts..................................... 965
Defense Production Industry Advisory Council............. 965
Evaluation of cost of compliance with requirement to buy
certain articles from American sources................. 965
Jurisdiction under Contract Disputes Act of 1978 over
claims, disputes, and appeals arising out of maritime
contracts.............................................. 965
Management structure for the procurement of contract
services............................................... 966
Maximizing fixed-price procurement contracts............. 966
Prohibition on procurement from beneficiaries of foreign
subsidies.............................................. 966
Prohibition on procurement from companies in violation of
the Iran and Syria Nonproliferation Act................ 966
Purpose.................................................. 966
Repeal of requirement for identification of essential
military items and military system essential item
breakout list.......................................... 966
Report on Department of Defense contracting with
contractors or subcontractors employing members of the
Selected Reserve....................................... 967
Report to Congress....................................... 967
Report to Congress required on delays in major phases of
acquisition process for major automated information
system programs........................................ 967
Role of Chairman of Board in certain reporting processes. 967
Special authority for use of working capital funds for
critical readiness requirements........................ 967
Title IX--Department of Defense Organization and Management...... 967
Items of Special Interest.................................... 967
Operationally responsive space........................... 967
Space acquisition........................................ 968
Legislative Provisions Adopted............................... 969
Subtitle A--Department of Defense Management................. 969
Repeal of limitation on major Department of Defense
headquarters activities personnel and related report
(sec. 901)............................................. 969
Flexibility to adjust the number of deputy chiefs and
assistant chiefs (sec. 902)............................ 969
Change in eligibility requirements for appointment to
Department of Defense leadership positions (sec. 903).. 969
Management of the Department of Defense (sec. 904)....... 970
Revision in guidance relating to combatant command
acquisition authority (sec. 905)....................... 970
Department of Defense Board of Actuaries (sec. 906)...... 971
Modification of background requirement of individuals
appointed as Under Secretary of Defense for
Acquisition, Technology, and Logistics (sec. 907)...... 971
Assistant secretaries of the military departments for
acquisition matters; principal military deputies (sec.
908)................................................... 971
Sense of Congress on term of office of the Director of
Operational Test and Evaluation (sec. 909)............. 972
Subtitle B--Space Activities................................. 972
Space Protection Strategy (sec. 911)..................... 972
Biennial report on management of space cadre within the
Department of Defense (sec. 912)....................... 973
Additional report on oversight of acquisition for defense
space programs (sec. 913).............................. 973
Subtitle C--Chemical Demilitarization Program................ 973
Chemical demilitarization citizens advisory commissions
(sec. 921)............................................. 973
Sense of Congress on completion of destruction of United
States chemical weapons stockpile (sec. 922)........... 973
Repeal of certain qualifications requirement for director
of chemical demilitarization management organization
(sec. 923)............................................. 974
Modification of termination of assistance to State and
local governments after completion of the destruction
of the United States chemical weapons stockpile (sec.
924)................................................... 974
Subtitle D--Intelligence-Related Matters..................... 975
Technical amendments to title 10, United States Code,
arising from enactment of the Intelligence Reform and
Terrorism Prevention Act of 2004 (sec. 931)............ 975
Subtitle E--Roles and Missions Analysis...................... 975
Requirement for quadrennial roles and missions review
(sec. 941)............................................. 975
Joint Requirements Oversight Council additional duties
relating to core mission areas (sec. 942).............. 975
Requirement for certification of major systems prior to
technology development (sec. 943)...................... 975
Presentation of future-years mission budget by core
mission area (sec. 944)................................ 976
Subtitle F--Other Matters.................................... 976
Department of Defense consideration of effect of climate
change on department facilities, capabilities, and
missions (sec. 951).................................... 976
Interagency policy coordination (sec. 952)............... 976
Expansion of employment creditable under service
agreements under National Security Education Program
(sec. 953)............................................. 976
Board of Regents for the Uniformed Services University of
the Health Sciences (sec. 954)......................... 977
Establishment of Department of Defense School of Nursing
(sec. 955)............................................. 977
Inclusion of commanders of Western Hemisphere combatant
commands in Board of Visitors of Western Hemisphere
Institute for Security Cooperation (sec. 956).......... 978
Comptroller General assessment of reorganization of the
office of the Under Secretary of Defense for Policy
(sec. 957)............................................. 979
Reports on foreign language proficiency (sec. 958)....... 979
Legislative Provisions Not Adopted........................... 980
Future capability planning by Joint Requirements
Oversight Council...................................... 980
Redesignation of the Department of the Navy as the
Department of the Navy and Marine Corps................ 980
Revisions in functions and activities of special
operations............................................. 980
Space posture review..................................... 980
United States Military Cancer Institute.................. 981
Western Hemisphere Center for Excellence in Human Rights. 981
Title X--General Provisions...................................... 981
Items of Special Interest.................................... 981
Ship disposal............................................ 981
Table of congressionally directed spending and related
items.................................................. 982
Subtitle A--Financial Matters................................ 982
General transfer authority (sec. 1001)................... 982
United States contribution to NATO common-funded budgets
in fiscal year 2008 (sec. 1002)........................ 982
Authorization of additional emergency supplemental
appropriations for fiscal year 2007 (sec. 1003)........ 983
Modification of fiscal year 2007 general transfer
authority (sec. 1004).................................. 983
Financial management transformation initiative for the
Defense Agencies (sec. 1005)........................... 983
Repeal of requirement for two-year budget cycle for the
Department of Defense (sec. 1006)...................... 983
Subtitle B--Policy Relating to Vessels and Shipyards......... 983
Limitation on leasing of vessels (sec. 1011)............. 983
Policy relating to major combatant vessels of the strike
forces of the United States Navy (sec. 1012)........... 984
Subtitle C--Counter-Drug Activities.......................... 986
Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities (sec. 1021)....................... 986
Expansion of authority to provide additional support for
counterdrug activities in certain foreign countries
(sec. 1022)............................................ 986
Report on counternarcotics assistance for the Government
of Haiti (sec. 1023)................................... 986
Subtitle D--Miscellaneous Authorities and Limitations........ 987
Provision of Air Force support and services to foreign
military and state aircraft (sec. 1031)................ 987
Department of Defense participation in Strategic Airlift
Capability Partnership (sec. 1032)..................... 987
Improved authority to provide rewards for assistance in
combating terrorism (sec. 1033)........................ 987
Support for non-federal development and testing of
material for chemical agent defense (sec. 1034)........ 988
Prohibition on sale of F-14 fighter aircraft and related
parts (sec. 1035)...................................... 988
Subtitle E--Reports.......................................... 988
Extension and modification of report relating to hardened
and deeply buried targets (sec. 1041).................. 988
Report on joint modeling and simulation activities (sec.
1042).................................................. 989
Renewal of submittal of plans for prompt global strike
capability (sec. 1043)................................. 989
Report on workforce required to support the nuclear
missions of the Navy and the Department of Energy (sec.
1044).................................................. 989
Comptroller General report on Defense Finance and
Accounting Service response to Butterbaugh v.
Department of Justice (sec. 1045)...................... 990
Study on size and mix of airlift force (sec. 1046)....... 990
Report on feasibility of establishing a domestic military
aviation national training center (sec. 1047).......... 990
Limited field user evaluations for combat helmet pad
suspension systems (sec. 1048)......................... 990
Study on national security interagency system (sec. 1049) 991
Report on solid rocket motor industrial base (sec. 1050). 992
Reports on establishment of a memorial for members of the
armed forces who died in the air crash in Bakers Creek,
Australia, and establishment of other memorials in
Arlington National Cemetery (sec. 1051)................ 992
Subtitle F--Other Matters.................................... 992
Reimbursement for National Guard support provided to
federal agencies (sec. 1061)........................... 992
Congressional commission on the strategic posture of the
United States (sec. 1062).............................. 993
Technical and clerical amendments (sec. 1063)............ 994
Repeal of certification requirement (sec. 1064).......... 994
Maintenance of capability for space-based nuclear
detection (sec. 1065).................................. 994
Sense of Congress regarding detainees at Naval Station,
Guantanamo Bay, Cuba (sec. 1066)....................... 994
A report on transferring individuals detained at Naval
Station, Guantanamo Bay, Cuba (sec. 1067).............. 994
Repeal of provisions in section 1076 of Public Law 109-
364 relating to use of armed forces in major public
emergencies (sec. 1068)................................ 995
Standards required for entry to military installations in
United States (sec. 1069).............................. 995
Revised nuclear posture review (sec. 1070)............... 996
Termination of Commission on the Implementation of the
New Strategic Posture of the United States (sec. 1071). 996
Security clearances; limitations (sec. 1072)............. 996
Improvements in the process for the issuance of security
clearances (sec. 1073)................................. 997
Protection of certain individuals (sec. 1074)............ 997
Modification of authorities on Commission to Assess the
Threat to the United States from Electromagnetic Pulse
Attack (sec. 1075)..................................... 997
Sense of Congress on Small Business Innovation Research
program (sec. 1076).................................... 998
Revision of proficiency flying definition (sec. 1077).... 998
Qualifications for public aircraft status of aircraft
under contract with the armed forces (sec. 1078)....... 998
Communications with the Committees on Armed Services of
the Senate and the House of Representatives (sec. 1079) 999
Retention of reimbursement for provision of reciprocal
fire protection services (sec. 1080)................... 999
Pilot program on commercial fee-for-service air refueling
support for the Air Force (sec. 1081).................. 999
Advisory panel on Department of Defense capabilities for
support of civil authorities after certain incidents
(sec. 1082)............................................ 1000
Terrorism exception to immunity (sec. 1083).............. 1000
Legislative Provisions Not Adopted........................... 1002
Hate crimes.............................................. 1002
Comprehensive study and support for criminal
investigations and prosecutions by State and local law
enforcement officials.................................. 1002
Extension of period for transfer of funds to Foreign
Currency Fluctuations, Defense account................. 1002
Minimum annual purchase amounts for airlift from carriers
participating in the Civil Reserve Air Fleet........... 1003
Comptroller General review of the Joint Improvised
Explosive Device Defeat Organization................... 1003
Commercial aviation technologies......................... 1004
Review of Department of Defense procedures to classify
excess defense articles and defense services with
military technology components......................... 1004
Additional Weapons of Mass Destruction Civil Support
Teams.................................................. 1004
Study and report on use of power management software..... 1005
Establishment of National Foreign Language Coordination
Council................................................ 1005
Grant of federal charter to Korean War Veterans
Association, Incorporated.............................. 1005
Sense of Senate on General David Petraeus................ 1005
Sense of Congress on equipment for the National Guard to
defend the homeland.................................... 1006
Sense of the Senate on Air Force use of towbarless
aircraft ground equipment.............................. 1006
Designation of Charlie Norwood Department of Veterans
Affairs Medical Center................................. 1007
Commercialization pilot program.......................... 1007
National center for human performance.................... 1007
Veteran small business................................... 1007
Title XI--Civilian Personnel Matters............................. 1007
Extension of authority to waive annual limitation on
total compensation paid to federal civilian employees
working overseas under areas of United States Central
Command (sec. 1101).................................... 1007
Continuation of life insurance coverage for federal
employees called to active duty (sec. 1102)............ 1008
Transportation of dependents, household effects, and
personal property to former home following death of
federal employee where death resulted from disease or
injury incurred in the Central Command area of
responsibility (sec. 1103)............................. 1008
Special benefits for civilian employees assigned on
deployment temporary change of station (sec. 1104)..... 1008
Death gratuity authorized for federal employees (sec.
1105).................................................. 1008
Modifications to the National Security Personnel System
(sec. 1106)............................................ 1009
Requirement for full implementation of personnel
demonstration project (sec. 1107)...................... 1009
Authority for inclusion of certain Office of Defense
Research and Engineering positions in experimental
personnel program for scientific and technical
personnel (sec. 1108).................................. 1010
Pilot program for the temporary assignment of information
technology personnel to private sector organizations
(sec. 1109)............................................ 1010
Compensation for federal wage system employees for
certain travel hours (sec. 1110)....................... 1011
Travel compensation for wage grade personnel (sec. 1111). 1011
Accumulation of annual leave by senior level employees
(sec. 1112)............................................ 1011
Uniform allowances for civilian employees (sec. 1113).... 1011
Flexibility in setting pay for employees who move from a
Department of Defense or Coast Guard nonappropriated
fund instrumentality position to a position in the
general schedule pay system (sec. 1114)................ 1011
Retirement service credit for service as cadet or
midshipman at a military service academy (sec. 1115)... 1012
Authorization for increased compensation for faculty and
staff of the Uniformed Services University of the
Health Sciences (sec. 1116)............................ 1012
Report on establishment of a scholarship program for
civilian mental health professionals (sec. 1117)....... 1012
Legislative Provisions Not Adopted........................... 1012
Annuity commencing dates................................. 1012
Physicians and health care professionals comparability
allowances............................................. 1012
Title XII--Matters Relating to Foreign Nations................... 1013
Subtitle A--Assistance and Training.......................... 1013
Military-to-military contacts and comparable activities
(sec. 1201)............................................ 1013
Authority for support of military operations to combat
terrorism (sec. 1202).................................. 1013
Medical care and temporary duty travel expenses for
liaison officers of certain foreign nations (sec. 1203) 1013
Extension and expansion of Department of Defense
authority to participate in multinational military
centers of excellence (sec.1204)....................... 1013
Reauthorization of Commanders' Emergency Response Program
(sec. 1205)............................................ 1014
Authority to build the capacity of the Pakistan Frontier
Corps (sec. 1206)...................................... 1015
Authority to equip and train foreign personnel to assist
in accounting for missing United States Government
personnel (sec. 1207).................................. 1016
Authority to provide automatic identification system data
on maritime shipping to foreign countries and
international organizations (sec. 1208)................ 1016
Report on foreign-assistance related programs carried out
by the Department of Defense (sec. 1209)............... 1016
Extension and enhancement of authority for security and
stabilization assistance (sec. 1210)................... 1016
Government Accountability Office report on Global Peace
Operations Initiative (sec. 1211)...................... 1017
Repeal on limitations on military assistance under the
American Servicemembers' Protection Act of 2002 (sec.
1212).................................................. 1017
Subtitle B--Matters Relating to Iraq and Afghanistan......... 1017
Modification of authorities relating to the office of the
Special Inspector General for Iraq Reconstruction (sec.
1221).................................................. 1017
Limitation on availability of funds for certain purposes
relating to Iraq (sec. 1222)........................... 1017
Report on United States policy and military operations in
Iraq (sec. 1223)....................................... 1018
Report on a comprehensive set of performance indicators
and measures for progress toward military and political
stability in Iraq (sec. 1224).......................... 1018
Report on support from Iran for attacks against coalition
forces in Iraq (sec. 1225)............................. 1018
Sense of Congress on the consequences of a failed state
in Iraq (sec. 1226).................................... 1019
Sense of Congress on federalism in Iraq (sec. 1227)...... 1019
Tracking and monitoring of defense articles provided to
the Government of Iraq and other individuals and groups
in Iraq (sec. 1228).................................... 1019
Special Inspector General for Afghanistan Reconstruction
(sec. 1229)............................................ 1020
Report on progress toward security and stability in
Afghanistan (sec. 1230)................................ 1020
United States plan for sustaining the Afghanistan
National Security Forces (sec. 1231)................... 1021
United States strategy for enhancing security and
stability in the border region between Afghanistan and
Pakistan (sec. 1232)................................... 1022
Reimbursement of certain coalition nations for support
provided to United States military operations (sec.
1233).................................................. 1023
Logistical support for coalition forces supporting
operations in Iraq and Afghanistan (sec. 1234)......... 1023
Subtitle C--Iraq Refugee Crisis.............................. 1023
Refugee Crisis in Iraq Act (sec. 1241-1249).............. 1023
Subtitle D--Other Authorities and Limitations................ 1025
Cooperative opportunities documents under cooperative
research and development agreements with NATO
organizations and other allied and friendly foreign
countries (sec. 1251).................................. 1025
Extension and expansion of temporary authority to use
acquisition and cross-servicing agreements to lend
military equipment for personnel protection and
survivability (sec. 1252).............................. 1025
Acceptance of funds from the Government of Palau to
defray expenditures attendant to the operation of
United States military Civic Action Team in Palau (sec.
1253).................................................. 1026
Repeal of requirement relating to North Korea (sec. 1254) 1026
Justice for Osama bin Laden and other leaders of al Qaeda
(sec. 1255)............................................ 1026
Extension of Counterproliferation Program Review
Committee (sec. 1256).................................. 1027
Sense of Congress on the Western Hemisphere Institute for
Security Cooperation (sec. 1257)....................... 1027
Sense of Congress on Iran (sec. 1258).................... 1027
Subtitle E--Reports.......................................... 1028
One-year extension of update on report on claims relating
to the bombing of the Labelle Discotheque (sec. 1261).. 1028
Report on United States policy toward Darfur, Sudan (sec.
1262).................................................. 1028
Inclusion of information on asymmetric capabilities in
annual report on military power of the People's
Republic of China (sec. 1263).......................... 1028
Report on application of the Uniform Code of Military
Justice to civilians accompanying the armed forces
during a time of declared war or contingency operation
(sec. 1264)............................................ 1028
Report on family reunions between United States citizens
and their relatives in North Korea (sec. 1265)......... 1028
Reports on prevention of mass atrocities (sec. 1266)..... 1029
Report on threats to the United States from ungoverned
areas (sec. 1267)...................................... 1029
Legislative Provisions Not Adopted........................... 1029
Limitation on assistance to the Government of Thailand... 1029
Presidential report on policy objectives and United
States strategy regarding Iran......................... 1030
Report on Department of Defense efforts to build the
capacity of the Government of Iraq to carry out
reconstruction activities in Iraq...................... 1030
Sense of Congress on responsibilities of the Iraqi
Council of Ministers to enact laws to achieve political
reform and diminish support for the insurgency in Iraq. 1030
Report on planning and implementation of the United
States engagement and policy toward Darfur............. 1030
Report on progress of the Department of Defense's
counternarcotics program for Afghanistan............... 1031
Sense of Congress concerning the strategic military
capabilities and intentions of the People's Republic of
China.................................................. 1031
Sense of Congress on the capture of Osama bin Laden and
the al Qaeda leadership................................ 1031
Title XIII--Cooperative Threat Reduction With States of the
Former Soviet Union............................................ 1032
Specification of Cooperative Threat Reduction programs
and funds (sec. 1301).................................. 1032
Funding allocations (sec. 1302).......................... 1032
Specification of Cooperative Threat Reduction programs in
states outside the former Soviet Union (sec. 1303)..... 1033
Repeal of restrictions on assistance to states of the
former Soviet Union for Cooperative Threat Reduction
(sec. 1304)............................................ 1033
Modification of authority to use Cooperative Threat
Reduction funds outside the former Soviet Union (sec.
1305).................................................. 1033
New initiatives for the Cooperative Threat Reduction
program (sec. 1306).................................... 1034
Report relating to chemical weapons destruction at
Shchuch'ye, Russia (sec. 1307)......................... 1035
National Academy of Sciences study of prevention of
proliferation of biological weapons (sec. 1308)........ 1036
Legislative Provision Not Adopted............................ 1036
Clarification of amounts for Cooperative Threat Reduction
programs............................................... 1036
Title XIV--Other Authorizations.................................. 1036
Subtitle A--Military Programs................................ 1036
.............................................................
Summary and explanation of tables........................ 1036
Working capital funds (sec. 1401)........................ 1042
National Defense Sealift Fund (sec. 1402)................ 1042
Defense Health Program (sec. 1403)....................... 1042
Chemical agents and munitions destruction, Defense (sec.
1404).................................................. 1042
Drug interdiction and counter-drug activities, Defense-
wide (sec. 1405)....................................... 1042
Defense Inspector General (sec. 1406).................... 1042
Subtitle B--National Defense Stockpile....................... 1043
Authorized uses of National Defense Stockpile funds (sec.
1411).................................................. 1043
Revisions to required receipt objectives for previously
authorized disposals from the National Defense
Stockpile (sec. 1412).................................. 1043
Disposal of ferromanganese (sec. 1413)................... 1043
Disposal of chrome metal (sec. 1414)..................... 1043
Subtitle C--Armed Forces Retirement Home..................... 1044
Authorization of appropriations for Armed Forces
Retirement Home (sec. 1421)............................ 1044
Administration and oversight of the Armed Forces
Retirement Home (sec. 1422)............................ 1044
Legislative Provisions Not Adopted........................... 1044
Additional amount for drug interdiction and counterdrug
activities with respect to Afghanistan................. 1044
Reduction in certain authorizations due to savings from
lower inflation........................................ 1045
Pilot program to establish an Army Wounded Warrior
battalion at an appropriate active duty base........... 1045
Establishment of medical support fund for support of
members of the armed forces returning to military
service or civilian life............................... 1045
Oversight Board for Wounded Warriors..................... 1045
Study and report of waiting periods for appointments at
Department of Veterans Affairs medical facilities...... 1045
Increase in physicians at hospitals of the Department of
Veterans Affairs....................................... 1046
Title XV--Authorization of Additional Appropriations for
Operation Iraqi Freedom and Operation Enduring Freedom......... 1046
Overview................................................. 1046
Explanation of Tables........................................ 1046
Explanation of tables.................................... 1046
Legislative Provisions Adopted............................... 1145
Purpose (sec. 1501)...................................... 1145
Army procurement (sec. 1502)............................. 1145
Navy and Marine Corps procurement (sec. 1503)............ 1145
Air Force procurement (sec. 1504)........................ 1145
Joint Improvised Explosive Device Defeat Fund (sec. 1505) 1145
Defense-wide activities procurement (sec. 1506).......... 1146
Research, Development, Test, and Evaluation (sec. 1507).. 1146
Operation and maintenance (sec. 1508).................... 1146
Working capital funds (sec. 1509)........................ 1146
Other Department of Defense programs (sec. 1510)......... 1146
Iraq Freedom Fund (sec. 1511)............................ 1147
Iraq Security Forces Fund (sec. 1512).................... 1147
Afghanistan Security Forces Fund (sec. 1513)............. 1147
Military personnel (sec. 1514)........................... 1147
Strategic Readiness Fund (sec. 1515)..................... 1147
Treatment as additional authorizations (sec. 1516)....... 1148
Special transfer authority (sec. 1517)................... 1148
Budget Items................................................. 1148
Army tactical radio modernization plans.................. 1148
Blast injury research.................................... 1149
Grow the force transfer.................................. 1150
Item of Special Interest..................................... 1150
Reactive armor for EFP protection........................ 1150
Legislative Provision Not Adopted............................ 1151
Improvised explosive device protection for military
vehicles............................................... 1151
Reports on mitigation of effects of explosively formed
projectiles and mines.................................. 1151
Title XVI--Wounded Warrior Matters............................... 1152
Wounded Warrior Act--Overview............................ 1152
Short title (sec. 1601).................................. 1153
General definitions (sec. 1602).......................... 1153
Consideration of gender-specific needs of recovering
service members and veterans (sec. 1603)............... 1153
Subtitle A--Policy on Improvements to Care, Management, and
Transition of Recovering Service members................... 1154
Comprehensive policy on improvements to care, management,
and transition of recovering service members (sec.
1611).................................................. 1154
Medical evaluations and physical disability evaluations
of recovering service members (sec. 1612).............. 1156
Return of recovering service members to active duty in
the armed forces (sec. 1613)........................... 1157
Transition of recovering service members from care and
treatment through the Department of Defense to care,
treatment, and rehabilitation through the Department of
Veterans Affairs (sec. 1614)........................... 1157
Reports (sec. 1615)...................................... 1158
Establishment of a wounded warrior resource center (sec.
1616).................................................. 1159
Notification to Congress of hospitalization of combat
wounded service members (sec. 1617).................... 1159
Comprehensive plan on prevention, diagnosis, mitigation,
treatment, and rehabilitation of, and research on,
traumatic brain injury, post-traumatic stress disorder,
and other mental health conditions in members of the
armed forces (sec. 1618)............................... 1160
Subtitle B--Centers of Excellence in the Prevention,
Diagnosis, Mitigation, Treatment, and Rehabilitation of
Traumatic Brain Injury, Post-Traumatic Stress Disorder, and
Eye Injuries............................................... 1160
Center of excellence in the prevention, diagnosis,
mitigation, treatment, and rehabilitation of traumatic
brain injury (sec. 1621)............................... 1160
Center of excellence in prevention, diagnosis,
mitigation, treatment, and rehabilitation of post-
traumatic stress disorder and other mental health
conditions (sec. 1622)................................. 1160
Center of excellence in prevention, diagnosis,
mitigation, treatment, and rehabilitation of military
eye injuries (sec. 1623)............................... 1161
Report on establishment of centers of excellence (sec.
1624).................................................. 1161
Subtitle C--Health Care Matters.............................. 1161
Medical care and other benefits for members and former
members of the armed forces with severe injuries or
illnesses (sec. 1631).................................. 1161
Reimbursement of travel expenses of retired members with
combat-related disabilities for follow-on specialty
care, services, and supplies (sec. 1632)............... 1162
Respite care and other extended care benefits for members
of the uniformed services who incur a serious injury or
illness on active duty (sec. 1633)..................... 1162
Reports (sec. 1634)...................................... 1162
Fully interoperable electronic personal health
information for the Department of Defense and
Department of Veterans Affairs (sec. 1635)............. 1163
Enhanced personnel authorities for the Department of
Defense for health care professionals for care and
treatment of wounded and injured members of the armed
forces (sec. 1636)..................................... 1163
Continuation of transitional health benefits for members
of the armed forces pending resolution of service-
related medical conditions (sec. 1637)................. 1164
Subtitle D--Disability Matters............................... 1164
Utilization of veterans' presumption of sound condition
in establishing eligibility of members of the armed
forces for retirement for disability (sec. 1641)....... 1164
Requirements and limitations on Department of Defense
determinations of disability with respect to members of
the armed forces (sec. 1642)........................... 1164
Review of separation of members of the armed forces
separated from service with a disability rating of 20
percent disabled or less (sec. 1643)................... 1165
Authorization of pilot programs to improve disability
evaluation system for members of the armed forces (sec.
1644).................................................. 1165
Reports on Army Medical Action Plan in response to
deficiencies in the Army physical disability evaluation
system (sec. 1645)..................................... 1166
Enhancement of disability severance pay for Members of
the armed forces (sec. 1646)........................... 1166
Assessments of continuing utility and future role of
temporary disability retired list (sec. 1647).......... 1166
Standards for military medical treatment facilities,
specialty medical care facilities, and military
quarters housing patients and annual report on such
facilities (sec. 1648)................................. 1167
Reports on Army Medical Action Plan in response to
deficiencies identified at Walter Reed Army Medical
Center (sec. 1649)..................................... 1167
Required certifications in connection with closure of
Walter Reed Army Medical Center, District of Columbia
(sec. 1650)............................................ 1167
Handbook for members of the armed forces on compensation
and benefits available for serious injuries and
illnesses (sec. 1651).................................. 1167
Subtitle E--Studies and Reports.............................. 1168
Study on physical and mental health and other
readjustment needs of members and former Members of the
armed forces who deployed in Operation Iraqi Freedom
and Operation Enduring Freedom and their families (sec.
1661).................................................. 1168
Access of recovering service members to adequate
outpatient residential facilities (sec. 1662).......... 1168
Study and report on support services for families of
recovering service members (sec. 1663)................. 1169
Report on traumatic brain injury classifications (sec.
1664).................................................. 1169
Evaluation of the Polytrauma Liaison Officer/Non-
Commissioned Officer Program (sec. 1665)............... 1169
Subtitle F--Other Matters.................................... 1170
Prohibition on transfer of resources from medical care
(sec. 1671)............................................ 1170
Medical care for families of members of the armed forces
recovering from serious injuries or illnesses (sec.
1672).................................................. 1170
Improvement of Medical tracking system for Members of the
armed forces deployed overseas (sec. 1673)............. 1170
Guaranteed funding for Walter Reed Army Medical Center,
District of Columbia (sec. 1674)....................... 1171
Use of leave transfer program by wounded veterans who are
Federal employees (sec. 1675).......................... 1171
Moratorium on conversion to contractor performance of
Department of Defense functions at military medical
facilities (sec. 1676)................................. 1171
Legislative Provisions Not Adopted........................... 1172
Establishment of medical support fund for support of
members of the armed forces returning to military
service or civilian life............................... 1172
Funding for improved diagnosis, treatment, and
rehabilitation of members of the armed forces with
traumatic brain injury or post-traumatic stress
disorder............................................... 1172
Personnel shortages in the mental health workforce of the
Department of Defense, including personnel in the
mental health workforce................................ 1172
Pilot program to establish an Army Wounded Warrior
battalion at an appropriate active duty base........... 1173
Oversight Board for Wounded Warriors..................... 1173
Title XVII--Veterans Matters..................................... 1173
Legislative Provisions Adopted............................... 1173
Sense of Congress on Department of Veterans Affairs
efforts in the rehabilitation and reintegration of
veterans with traumatic brain injury (sec. 1701)....... 1173
Individual rehabilitation and community reintegration
plans for veterans and others with traumatic brain
injury (sec. 1702)..................................... 1174
Use of non-Department of Veterans Affairs facilities for
implementation of rehabilitation and community
reintegration plans for traumatic brain injury (sec.
1703).................................................. 1174
Research, education, and clinical care program on
traumatic brain injury (sec. 1704)..................... 1175
Pilot program on assisted living services for veterans
with traumatic brain injury (sec. 1705)................ 1175
Provision of age-appropriate nursing home care (sec.
1706).................................................. 1175
Extension of period of eligibility for health care for
veterans of combat service during certain periods of
hostilities and war (sec. 1707)........................ 1175
Service-connection and assessments for mental health
conditions in veterans (sec. 1708)..................... 1176
Modification of requirements for furnishing outpatient
dental services to veterans with service-connected
dental conditions or disabilities (sec. 1709).......... 1176
Clarification of purpose of outreach services program of
Department of Veterans Affairs (sec. 1710)............. 1176
Designation of fiduciary or trustee for purposes of
Traumatic Servicemembers' Group Life Insurance (sec.
1711).................................................. 1176
Legislative Provisions Not Adopted........................... 1177
Demonstration program on preventing veterans at-risk of
homelessness from becoming homeless.................... 1177
Increase in physicians at hospitals of the Department of
Veterans Affairs....................................... 1177
Research on traumatic brain injury....................... 1177
Study and report of waiting periods for appointments at
Department of Veterans Affairs medical facilities...... 1177
Title XVIII--National Guard Bureau Matters and Related Matters... 1178
Short title (sec. 1801).................................. 1178
Subtitle A--National Guard Bureau............................ 1178
Appointment, grade, duties, and retirement of the Chief
of the National Guard Bureau (sec. 1811)............... 1178
Establishment of National Guard Bureau as joint activity
of Department of Defense (sec. 1812)................... 1179
Enhancement of functions of National Guard Bureau (sec.
1813).................................................. 1179
Requirement for Secretary of Defense to prepare plan for
response to natural disasters and terrorist events
(sec. 1814)............................................ 1180
Determination of Department of Defense civil support
requirements (sec. 1815)............................... 1180
Subtitle B--Additional Reserve Component Enhancement......... 1181
United States Northern Command (sec. 1821)............... 1181
Council of Governors (sec. 1822)......................... 1181
Plan for Reserve Forces Policy Board (sec. 1823)......... 1181
High-level positions authorized or required to be held by
reserve component general or flag officers (sec. 1824). 1182
Retirement age and years of service limitations on
certain reserve general and flag officers (sec. 1825).. 1182
Additional reporting requirements relating to National
Guard equipment (sec. 1826)............................ 1183
Legislative Provision Not Adopted............................ 1183
Promotion of reserve officers to lieutenant general grade 1183
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS................. 1183
Budget Items................................................. 1183
Summary and explanation of funding tables................ 1183
Legislative Provisions Adopted............................... 1210
Short title (sec. 2001).................................. 1210
Expiration of authorizations and amounts required to be
specified by law (sec. 2002)........................... 1210
Legislative Provision Not adopted............................ 1210
Effective date........................................... 1210
Title XXI--Army.................................................. 1210
Budget Items................................................. 1210
Summary.................................................. 1210
Item of Special Interest..................................... 1211
Unspecified minor construction, Army..................... 1211
Legislative Provisions Adopted............................... 1211
Authorized Army construction and land acquisition
projects (sec. 2101)................................... 1211
Family housing (sec. 2102)............................... 1212
Improvements to military family housing units (sec. 2103) 1212
Authorization of appropriations, Army (sec. 2104)........ 1212
Termination of authority to carry out fiscal year 2007
Army projects for which funds were not appropriated
(sec. 2105)............................................ 1212
Technical amendments to Military Construction
Authorization Act for Fiscal Year 2007 (sec. 2106)..... 1215
Modification of authority to carry out certain fiscal
year 2006 projects (sec. 2107)......................... 1215
Extension of authorization of certain fiscal year 2005
project (sec. 2108).................................... 1215
Ground lease, SOUTHCOM headquarters facility, Miami-
Doral, Florida (sec. 2109)............................. 1215
Title XXII--Navy................................................. 1216
Budget Items................................................. 1216
Summary.................................................. 1216
Legislative Provisions Adopted............................... 1216
Authorized Navy construction and land acquisition
projects (sec. 2201)................................... 1216
Family housing (sec. 2202)............................... 1216
Improvements to military family housing units (sec. 2203) 1217
Authorization of appropriations, Navy (sec. 2204)........ 1217
Termination.............................................. 1217
Modification of authority to carry out certain fiscal
year 2005 project (sec. 2206).......................... 1219
Repeal of authorization for construction of Navy outlying
landing field, Washington County, North Carolina (sec.
2207).................................................. 1219
Title XXIII--Air Force........................................... 1219
Legislative Provisions Adopted............................... 1219
Authorized Air Force construction and land acquisition
projects (sec. 2301)................................... 1219
Family housing (sec. 2302)............................... 1219
Improvements to military family housing units (sec. 2303) 1220
Authorization of appropriations, Air Force (sec. 2304)... 1220
Termination of authority to carry out fiscal year 2007
Air Force projects for which funds were not
appropriated (sec. 2305)............................... 1220
Modification of authority to carry out certain fiscal
year 2006 projects (sec. 2306)......................... 1222
Extension of authorizations of certain fiscal year 2005
projects (sec. 2307)................................... 1222
Extension of authorizations of certain fiscal year 2004
projects (sec. 2308)................................... 1222
Title XXIV--Defense Agencies..................................... 1222
Budget Items................................................. 1222
Summary.................................................. 1222
Legislative Provisions Adopted............................... 1223
Authorized defense agencies construction and land
acquisition projects (sec. 2401)....................... 1223
Energy conservation projects (sec. 2402)................. 1223
Authorization of appropriations, defense agencies (sec.
2403).................................................. 1223
Termination or modification of authority to carry out
fiscal year 2007 defense agencies projects (sec. 2404). 1223
Munitions demilitarization facilities, Blue Grass Army
Depot, Kentucky, and Pueblo Chemical Activity, Colorado
(sec. 2405)............................................ 1226
Extension of authorizations of certain fiscal year 2005
projects (sec. 2406)................................... 1226
Legislative Provision Not Adopted............................ 1226
Wounded warrior facility support......................... 1226
Title XXV--North Atlantic Treaty Organization Security Investment
Program........................................................ 1226
Legislative Provisions Adopted............................... 1226
Authorized NATO construction and land acquisition
projects (sec. 2501)................................... 1226
Authorization of appropriations, NATO (sec. 2502)........ 1227
Title XXVI--Guard and Reserve Forces Facilities.................. 1227
Budget Items................................................. 1227
Items of Special Interest.................................... 1227
Unspecified minor construction, Army National Guard...... 1227
Unspecified minor construction, Air National Guard....... 1227
Legislative Provisions Adopted............................... 1228
Authorized Army National Guard construction and land
acquisition projects (sec. 2601)....................... 1228
Authorized Army Reserve construction and land acquisition
projects (sec. 2602)................................... 1228
Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects (sec. 2603). 1228
Authorized Air National Guard construction and land
acquisition projects (sec. 2604)....................... 1228
Authorized Air Force Reserve construction and land
acquisition projects (sec. 2605)....................... 1229
Authorization of appropriations, National Guard and
Reserve (sec. 2606).................................... 1229
Termination of authority to carry out fiscal year 2007
Guard and Reserve projects for which funds were not
appropriated (sec. 2607)............................... 1229
Modification of authority to carry out fiscal year 2006
Air Force Reserve construction and acquisition projects
(sec. 2608)............................................ 1232
Extension of authorizations of certain fiscal year 2005
projects (sec. 2609)................................... 1232
Extension of authorizations of certain fiscal year 2004
projects (sec. 2610)................................... 1232
Title XXVII--Base Closure and Realignment Activities............. 1232
Budget Items................................................. 1232
Summary and explanation of tables........................ 1232
Legislative Provisions Adopted............................... 1241
Authorization of appropriations for base closure and
realignment activities funded through Department of
Defense Base Closure Account 1990 (sec. 2701).......... 1241
Authorized base closure and realignment activities funded
through Department of Defense base closure account 2005
(sec. 2702)............................................ 1241
Authorization of appropriations for base closure and
realignment activities funded through Department of
Defense Base Closure Account 2005 (sec. 2703).......... 1241
Authorized cost and scope of work variations (sec. 2704). 1241
Transfer of funds from Department of Defense Base Closure
Account 2005 to Department of Defense Housing Funds
(sec. 2705)............................................ 1242
Comprehensive accounting of funding required to ensure
timely implementation of 2005 Defense Base Closure and
Realignment Commission recommendations (sec. 2706)..... 1242
Relocation of units from Roberts United States Army
Reserve Center and Navy-Marine Corps Reserve Center,
Baton Rouge, Louisiana (sec. 2707)..................... 1242
Acquisition of real property, Fort Belvoir, Virginia, as
part of the realignment of the installation (sec. 2708) 1243
Report on availability of traffic infrastructure and
facilities to support base realignments (sec. 2709).... 1243
Title XXVIII--Military Construction General Provisions........... 1244
Subtitle A--Military Construction Program and Military Family
Housing Changes............................................ 1244
Authority to use operation and maintenance funds for
construction projects outside the United States (sec.
2801).................................................. 1244
Clarification of requirement for authorization of
military construction (sec. 2802)...................... 1245
Increase in thresholds for unspecified minor military
construction projects (sec. 2803)...................... 1245
Temporary authority to support revitalization of
Department of Defense laboratories through unspecified
minor military construction projects (sec. 2804)....... 1245
Extension of authority to accept equalization payments
for facility exchanges (sec. 2805)..................... 1246
Modifications of authority to lease military family
housing (sec. 2806).................................... 1246
Expansion of authority to exchange reserve component
facilities (sec. 2807)................................. 1246
Limitation on use of alternative authority for
acquisition and improvement of military housing for
privatization of temporary lodging facilities (sec.
2808).................................................. 1247
Two-year extension of temporary program to use minor
military construction authority for construction of
child development centers (sec. 2809).................. 1247
Report on housing privatization initiatives (sec. 2810).. 1247
Subtitle B--Real Property and Facilities Administration...... 1248
Requirement to report real property transactions
resulting in annual costs of more than $750,000 (sec.
2821).................................................. 1248
Consolidation of real property provisions without
substantive change (sec. 2822)......................... 1248
Modification of authority to lease non-excess property of
the military departments (sec. 2823)................... 1248
Cooperative agreement authority for management of
cultural resources on certain sites outside military
installations (sec. 2824).............................. 1248
Agreements to limit encroachments and other constraints
on military training, testing, and operations (sec.
2825).................................................. 1249
Expansion to all military departments of Army pilot
program for purchase of certain municipal services for
military installations (sec. 2826)..................... 1249
Prohibition on commercial flights into Selfridge Air
National Guard Base (sec. 2827)........................ 1249
Sense of Congress on Department of Defense actions to
protect installations, ranges, and military airspace
from encroachment (sec. 2828).......................... 1249
Reports on Army and Marine Corps operational ranges (sec.
2829).................................................. 1250
Niagara Air Reserve Base, New York, basing report (sec.
2830).................................................. 1250
Report on the Pinon Canyon Maneuver Site, Colorado (sec.
2831).................................................. 1251
Subtitle C--Land Conveyances................................. 1251
Modification of conveyance authority, Marine Corps Base,
Camp Pendleton, California (sec. 2841)................. 1251
Grant of easement, Eglin Air Force Base, Florida (sec.
2842).................................................. 1251
Land conveyance, Lynn Haven Fuel Depot, Lynn Haven,
Florida (sec. 2843).................................... 1251
Modification of lease of property, National Flight
Academy at the National Museum of Naval Aviation, Naval
Air Station, Pensacola, Florida (sec. 2844)............ 1252
Land exchange, Detroit, Michigan (sec. 2845)............. 1252
Transfer of jurisdiction, former Nike missile site,
Grosse Ile, Michigan (sec. 2846)....................... 1252
Modification to land conveyance authority, Fort Bragg,
North Carolina (sec. 2847)............................. 1252
Land conveyance, Lewis and Clark United States Army
Reserve Center, Bismarck, North Dakota (sec. 2848)..... 1253
Land exchange, Fort Hood, Texas (sec. 2849).............. 1253
Subtitle D--Energy Security.................................. 1253
Items of Special Interest.................................... 1253
Energy Conversation Forum................................ 1253
Report on water conservation projects.................... 1254
Legislative Provisions Adopted............................... 1254
Repeal of congressional notification requirement
regarding cancellation ceiling for Department of
Defense energy savings performance contracts (sec.
2861).................................................. 1254
Definition of alternative fueled vehicle (sec. 2862)..... 1254
Use of energy efficient lighting fixtures and bulbs in
Department of Defense facilities (sec. 2863)........... 1254
Reporting requirements relating to renewable energy use
by Department of Defense to meet Department electricity
needs (sec. 2864)...................................... 1255
Subtitle E--Other Matters.................................... 1255
Revised deadline for transfer of Arlington Naval Annex to
Arlington National Cemetery (sec. 2871)................ 1255
Transfer of jurisdiction over Air Force Memorial to
Department of the Air Force (sec. 2872)................ 1255
Report on plans to replace the monument at the Tomb of
the Unknowns at Arlington National Cemetery, Virginia
(sec. 2873)............................................ 1256
Increased authority for repair, restoration, and
preservation of Lafayette Escadrille Memorial, Marnes-
la-Coquette, France (sec. 2874)........................ 1256
Addition of Woonsocket local protection project (sec.
2875).................................................. 1256
Repeal of moratorium on improvements at Fort Buchanan,
Puerto Rico (sec. 2876)................................ 1256
Establishment of national military working dog teams
monument on suitable military installation (sec. 2877). 1257
Report regarding removal of missiles from 564th Missile
Squadron (sec. 2878)................................... 1257
Report on condition of schools under jurisdiction of
Department of Defense education activity (sec. 2879)... 1257
Report on facilities and operations of Darnall Army
Medical Center, Fort Hood Military Reservation, Texas
(sec. 2880)............................................ 1257
Report on feasibility of establishing a regional disaster
response center at Kelly Air Field, San Antonio, Texas
(sec. 2881)............................................ 1258
Naming housing facility at Fort Carson, Colorado, in
honor of the Honorable Joel Hefley, a former member of
the United States House of Representatives (sec. 2882). 1258
Naming Navy and Marine Corps Reserve Center at Rock
Island, Illinois, in honor of the Honorable Lane Evans,
a former member of the United States House of
Representatives (sec. 2883)............................ 1258
Naming a research laboratory at Air Force Rome Research
Site, Rome, New York, in honor of the Honorable
Sherwood L. Boehlert, a former member of the United
States House of Representatives (sec. 2884)............ 1258
Naming an administrative building at Joint Systems
Manufacturing Center, Lima, Ohio, in honor of the
Honorable Michael G. Oxley, a former member of the
United States House of Representatives (sec. 2885)..... 1259
Naming of Logistics Automation Training Facility, Army
Quartermaster Center and School, Fort Lee, Virginia, in
honor of General Richard H. Thompson (sec. 2886)....... 1259
Authority to relocate Joint Spectrum Center to Fort
Meade, Maryland (sec. 2887)............................ 1259
Legislative Provisions Not Adopted........................... 1260
General military construction transfer authority......... 1260
Modification of land management restrictions applicable
to Utah national defense lands......................... 1260
Report on opportunities for leveraging funds of the
Department of Defense and States to prevent disruption
in event of electric grid or pipeline failures......... 1260
Report on water conservation projects.................... 1260
Retention of proceeds from enhanced use leases at
Selfridge Air National Guard Base...................... 1261
Title XXIX--War Related and Emergency Military Construction
Authorizations................................................. 1261
Legislative Provisions Adopted............................... 1266
Authorized Army construction and land acquisition
projects (sec. 2901)................................... 1266
Authorized Navy construction and land acquisition
projects (sec. 2902)................................... 1266
Authorized Air Force construction and land acquisition
projects (sec. 2903)................................... 1267
Authorized defense agencies construction and land
acquisition projects (sec. 2904)....................... 1267
Authorized base closure and realignment activities funded
through Department of Defense Base Closure Account 2005
and related authorization of appropriations (sec. 2905) 1268
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS
AND OTHER AUTHORIZATIONS....................................... 1268
Title XXXI--Department of Energy National Security Programs...... 1268
Subtitle A--National Security Programs Authorizations........ 1268
Overview................................................. 1268
Item of Special Interest..................................... 1287
International Atomic Energy Agency nuclear fuel bank..... 1287
Legislative Provisions Adopted............................... 1287
National Nuclear Security Administration (sec. 3101)..... 1287
Defense environmental cleanup (sec. 3102)................ 1289
Other defense activities (sec. 3103)..................... 1289
Defense nuclear waste disposal (sec. 3104)............... 1289
Energy security and assurance (sec. 3105)................ 1290
Subtitle B--Program Authorizations, Restrictions, and
Limitations................................................ 1290
Reliable Replacement Warhead program (sec. 3111)......... 1290
Nuclear test readiness (sec. 3112)....................... 1291
Modification of reporting requirement (sec. 3113)........ 1291
Limitation on availability of funds for fissile materials
disposition program (sec. 3114)........................ 1292
Modification of limitations on availability of funds for
waste treatment and immobilization plant (sec. 3115)... 1293
Modification of sunset date of the Office of the
Ombudsman of the Energy Employees Occupational Illness
Compensation program (sec. 3116)....................... 1293
Technical amendments (sec. 3117)......................... 1293
Subtitle C--Other Matters.................................... 1293
Study on using existing pits for the Reliable Replacement
Warhead program (sec. 3121)............................ 1293
Report on retirement and dismantlement of nuclear
warheads (sec. 3122)................................... 1294
Plan for addressing security risks posed to nuclear
weapons complex (sec. 3123)............................ 1294
Department of Energy protective forces (sec. 3124)....... 1294
Evaluation of National Nuclear Security Administration
strategic plan for advanced computing (sec. 3125)...... 1295
Sense of Congress on the nuclear nonproliferation policy
of the United States and the Reliable Replacement
Warhead program (sec. 3126)............................ 1296
Department of Energy report on plan to strengthen and
expand International Radiological Threat Reduction
program (sec. 3127).................................... 1296
Department of Energy report on plan to strengthen and
expand Materials Protection, Control, and Accounting
program (sec. 3128).................................... 1297
Agreements and reports on nuclear forensics capabilities
(sec. 3129)............................................ 1297
Report on status of environmental management initiatives
to accelerate the reduction of environmental risks and
challenges posed by the legacy of the Cold War (sec.
3130).................................................. 1298
Subtitle D--Nuclear Terrorism Prevention..................... 1298
Definitions (sec. 3131).................................. 1298
Sense of Congress on the prevention of nuclear terrorism
(sec. 3132)............................................ 1298
Minimum security standard for nuclear weapons and formula
quantities of strategic special nuclear material (sec.
3133).................................................. 1299
Annual report (sec. 3134)................................ 1299
Legislative Provisions Not Adopted........................... 1300
Authority to use International Nuclear Materials
Protection and Cooperation program funds outside the
former Soviet Union.................................... 1300
Findings................................................. 1300
Title XXXII--War Related National Nuclear Security Administration
Authorizations................................................. 1301
Legislative Provision Adopted................................ 1301
Additional war-related authorization of appropriations
for National Nuclear Security Administration (sec.
3201).................................................. 1301
Title XXXIII--Defense Nuclear Facilities Safety Board............ 1301
Legislative Provision Adopted................................ 1301
Authorization (sec. 3301)................................ 1301
Title XXXIV--Naval Petroleum Reserves............................ 1301
Legislative Provisions Adopted............................... 1301
Authorization of appropriations (sec. 3401).............. 1301
Remedial action at Moab Uranium milling site (sec. 3402). 1302
Title XXXV--Maritime Administration.............................. 1302
Legislative Provisions Adopted............................... 1302
Authorization of appropriations for fiscal year 2008
(sec. 3501)............................................ 1302
Temporary authority to transfer obsolete combatant
vessels to the Navy for disposal (sec. 3502)........... 1303
Vessel disposal program (sec. 3503)...................... 1303
Subtitle B--Programs......................................... 1303
Commercial vessel chartering authority (sec. 3511)....... 1303
Maritime Administration vessel chartering authority (sec.
3512).................................................. 1303
Chartering to State and local governmental
instrumentalities (sec. 3513).......................... 1304
Disposal of obsolete Government vessels (sec. 3514)...... 1304
Vessel transfer authority (sec. 3515).................... 1304
Sea trials for the Ready Reserve force (sec. 3516)....... 1304
Review of applications for loans and guarantees (sec.
3517).................................................. 1304
Subtitle C--Technical Corrections............................ 1305
Technical corrections (secs. 3521-3529).................. 1305
Legislative Provisions Not Adopted....................... 1305
Short title.............................................. 1305
Technical corrections.................................... 1305
Compliance with rule XLIV of the Standing Rules of the Senate and
House Rule XXI................................................. 1306
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-477
======================================================================
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008
_______
December 6, 2007.--Ordered to be printed
_______
Mr. Skelton, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 1585]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
1585), 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, having met, after full and
free conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2008''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions
as follows:
(1) Division A--Department of Defense
Authorizations.
(2) Division B--Military Construction
Authorizations.
(3) Division C--Department of Energy National
Security Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. National Guard and Reserve equipment.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for M1A2 Abrams System
Enhancement Package upgrades.
Sec. 112. Multiyear procurement authority for M2A3/M3A3 Bradley fighting
vehicle upgrades.
Sec. 113. Multiyear procurement authority for conversion of CH-47D
helicopters to CH-47F configuration.
Sec. 114. Multiyear procurement authority for CH-47F helicopters.
Sec. 115. Limitation on use of funds for Increment 1 of the Warfighter
Information Network-Tactical program pending certification to
Congress.
Sec. 116. Prohibition on closure of Army Tactical Missile System
production line pending report.
Sec. 117. Stryker Mobile Gun System.
Subtitle C--Navy Programs
Sec. 121. Multiyear procurement authority for Virginia-class submarine
program.
Sec. 122. Report on shipbuilding investment strategy.
Sec. 123. Sense of Congress on the preservation of a skilled United
States shipyard workforce.
Sec. 124. Assessments required prior to start of construction on first
ship of a shipbuilding program.
Sec. 125. Littoral Combat Ship (LCS) program.
Subtitle D--Air Force Programs
Sec. 131. Limitation on Joint Cargo Aircraft.
Sec. 132. Clarification of limitation on retirement of U-2 aircraft.
Sec. 133. Repeal of requirement to maintain retired C-130E tactical
aircraft.
Sec. 134. Limitation on retirement of C-130E/H tactical airlift
aircraft.
Sec. 135. Limitation on retirement of KC-135E aerial refueling aircraft.
Sec. 136. Transfer to Government of Iraq of three C-130E tactical
airlift aircraft.
Sec. 137. Modification of limitations on retirement of B-52 bomber
aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Operational test and evaluation of Future Combat Systems
network.
Sec. 212. Limitation on use of funds for systems development and
demonstration of Joint Light Tactical Vehicle program.
Sec. 213. Requirement to obligate and expend funds for development and
procurement of a competitive propulsion system for the Joint
Strike Fighter.
Sec. 214. Limitation on use of funds for defense-wide manufacturing
science and technology program.
Sec. 215. Advanced Sensor Applications Program.
Sec. 216. Active protection systems.
Subtitle C--Ballistic Missile Defense
Sec. 221. Participation of Director, Operational Test and Evaluation, in
missile defense test and evaluation activities.
Sec. 222. Study on future roles and missions of the Missile Defense
Agency.
Sec. 223. Budget and acquisition requirements for Missile Defense Agency
activities.
Sec. 224. Limitation on use of funds for replacing warhead on SM-3 Block
IIA missile.
Sec. 225. Extension of Comptroller General assessments of ballistic
missile defense programs.
Sec. 226. Limitation on availability of funds for procurement,
construction, and deployment of missile defenses in Europe.
Sec. 227. Sense of Congress on missile defense cooperation with Israel.
Sec. 228. Limitation on availability of funds for deployment of missile
defense interceptors in Alaska.
Sec. 229. Policy of the United States on protection of the United States
and its allies against Iranian ballistic missiles.
Subtitle D--Other Matters
Sec. 231. Coordination of human systems integration activities related
to acquisition programs.
Sec. 232. Expansion of authority for provision of laboratory facilities,
services, and equipment.
Sec. 233. Modification of cost sharing requirement for Technology
Transition Initiative.
Sec. 234. Report on implementation of Manufacturing Technology Program.
Sec. 235. Assessment of sufficiency of test and evaluation personnel.
Sec. 236. Repeal of requirement for separate reports on technology area
review and assessment summaries.
Sec. 237. Modification of notice and wait requirement for obligation of
funds for foreign comparative test program.
Sec. 238. Strategic Plan for the Manufacturing Technology Program.
Sec. 239. Modification of authorities on coordination of Defense
Experimental Program to Stimulate Competitive Research with
similar Federal programs.
Sec. 240. Enhancement of defense nanotechnology research and development
program.
Sec. 241. Federally funded research and development center assessment of
the Defense Experimental Program to Stimulate Competitive
Research.
Sec. 242. Cost-benefit analysis of proposed funding reduction for High
Energy Laser Systems Test Facility.
Sec. 243. Prompt global strike.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Environmental Provisions
Sec. 311. Reimbursement of Environmental Protection Agency for certain
costs in connection with Moses Lake Wellfield Superfund Site,
Moses Lake, Washington.
Sec. 312. Reimbursement of Environmental Protection Agency for certain
costs in connection with the Arctic Surplus Superfund Site,
Fairbanks, Alaska.
Sec. 313. Payment to Environmental Protection Agency of stipulated
penalties in connection with Jackson Park Housing Complex,
Washington.
Sec. 314. Report on control of the brown tree snake.
Sec. 315. Notification of certain residents and civilian employees at
Camp Lejeune, North Carolina, of exposure to drinking water
contamination.
Subtitle C--Workplace and Depot Issues
Sec. 321. Availability of funds in Defense Information Systems Agency
Working Capital Fund for technology upgrades to Defense
Information Systems Network.
Sec. 322. Modification to public-private competition requirements before
conversion to contractor performance.
Sec. 323. Public-private competition at end of period specified in
performance agreement not required.
Sec. 324. Guidelines on insourcing new and contracted out functions.
Sec. 325. Restriction on Office of Management and Budget influence over
Department of Defense public-private competitions.
Sec. 326. Bid protests by Federal employees in actions under Office of
Management and Budget Circular A-76.
Sec. 327. Public-private competition required before conversion to
contractor performance.
Sec. 328. Extension of authority for Army industrial facilities to
engage in cooperative activities with non-Army entities.
Sec. 329. Reauthorization and modification of multi-trades demonstration
project.
Sec. 330. Pilot program for availability of working-capital funds to
Army for certain product improvements.
Subtitle D--Extension of Program Authorities
Sec. 341. Extension of Arsenal Support Program Initiative.
Sec. 342. Extension of period for reimbursement for helmet pads
purchased by members of the Armed Forces deployed in
contingency operations.
Sec. 343. Extension of temporary authority for contract performance of
security guard functions.
Subtitle E--Reports
Sec. 351. Reports on National Guard readiness for emergencies and major
disasters.
Sec. 352. Annual report on prepositioned materiel and equipment.
Sec. 353. Report on incremental cost of early 2007 enhanced deployment.
Sec. 354. Modification of requirements of Comptroller General report on
the readiness of Army and Marine Corps ground forces.
Sec. 355. Plan to improve readiness of ground forces of active and
reserve components.
Sec. 356. Independent assessment of Civil Reserve Air Fleet viability.
Sec. 357. Department of Defense Inspector General report on physical
security of Department of Defense installations.
Sec. 358. Review of high-altitude aviation training.
Sec. 359. Reports on safety measures and encroachment issues and master
plan for Warren Grove Gunnery Range, New Jersey.
Sec. 360. Report on search and rescue capabilities of the Air Force in
the northwestern United States.
Sec. 361. Report and master infrastructure recapitalization plan for
Cheyenne Mountain Air Station, Colorado.
Subtitle F--Other Matters
Sec. 371. Enhancement of corrosion control and prevention functions
within Department of Defense.
Sec. 372. Authority for Department of Defense to provide support for
certain sporting events.
Sec. 373. Authority to impose reasonable restrictions on payment of full
replacement value for lost or damaged personal property
transported at Government expense.
Sec. 374. Priority transportation on Department of Defense aircraft of
retired members residing in Commonwealths and possessions of
the United States for certain health care services.
Sec. 375. Recovery of missing military property.
Sec. 376. Retention of combat uniforms by members of the Armed Forces
deployed in support of contingency operations.
Sec. 377. Issue of serviceable material of the Navy other than to Armed
Forces.
Sec. 378. Reauthorization of Aviation Insurance Program.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Additional authority for increases of Army and Marine Corps
active duty end strengths for fiscal years 2009 and 2010.
Sec. 404. Increase in authorized strengths for Army officers on active
duty in the grade of major.
Sec. 405. Increase in authorized strengths for Navy officers on active
duty in the grades of lieutenant commander, commander, and
captain.
Sec. 406. Increase in authorized daily average of number of members in
pay grade E-9.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2008 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Sec. 416. Future authorizations and accounting for certain reserve
component personnel authorized to be on active duty or full-
time National Guard duty to provide operational support.
Sec. 417. Revision of variances authorized for Selected Reserve end
strengths.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Assignment of officers to designated positions of importance
and responsibility.
Sec. 502. Enhanced authority for Reserve general and flag officers to
serve on active duty.
Sec. 503. Increase in years of commissioned service threshold for
discharge of probationary officers and for use of force
shaping authority.
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.
Sec. 506. Expansion of authority for reenlistment of officers in their
former enlisted grade.
Sec. 507. Increase in authorized number of permanent professors at the
United States Military Academy.
Sec. 508. Promotion of career military professors of the Navy.
Subtitle B--Reserve Component Management
Sec. 511. Retention of military technicians who lose dual status in the
Selected Reserve due to combat-related disability.
Sec. 512. Constructive service credit upon original appointment of
Reserve officers in certain health care professions.
Sec. 513. Mandatory separation of Reserve officers in the grade of
lieutenant general or vice admiral after completion of 38
years of commissioned service.
Sec. 514. Maximum period of temporary Federal recognition of person as
Army National Guard officer or Air National Guard officer.
Sec. 515. Advance notice to members of reserve components of deployment
in support of contingency operations.
Sec. 516. Report on relief from professional licensure and certification
requirements for reserve component members on long-term active
duty.
Subtitle C--Education and Training
Sec. 521. Revisions to authority to pay tuition for off-duty training or
education.
Sec. 522. Reduction or elimination of service obligation in an Army
Reserve or Army National Guard troop program unit for certain
persons selected as medical students at Uniformed Services
University of the Health Sciences.
Sec. 523. Repeal of annual limit on number of ROTC scholarships under
Army Reserve and Army National Guard financial assistance
program.
Sec. 524. Treatment of prior active service of members in uniformed
medical accession programs.
Sec. 525. Repeal of post-2007-2008 academic year prohibition on phased
increase in cadet strength limit at the United States Military
Academy.
Sec. 526. National Defense University master's degree programs.
Sec. 527. Authority of the Air University to confer degree of master of
science in flight test engineering.
Sec. 528. Enhancement of education benefits for certain members of
reserve components.
Sec. 529. Extension of period of entitlement to educational assistance
for certain members of the Selected Reserve affected by force
shaping initiatives.
Sec. 530. Time limit for use of educational assistance benefit for
certain members of reserve components and resumption of
benefit.
Sec. 531. Secretary of Defense evaluation of the adequacy of the degree-
granting authorities of certain military universities and
educational institutions.
Sec. 532. Report on success of Army National Guard and Reserve Senior
Reserve Officers' Training Corps financial assistance program.
Sec. 533. Report on utilization of tuition assistance by members of the
Armed Forces.
Sec. 534. Navy Junior Reserve Officers' Training Corps unit for
Southold, Mattituck, and Greenport High Schools.
Sec. 535. Report on transfer of administration of certain educational
assistance programs for members of the reserve components.
Subtitle D--Military Justice and Legal Assistance Matters
Sec. 541. Authority to designate civilian employees of the Federal
Government and dependents of deceased members as eligible for
legal assistance from Department of Defense legal staff
resources.
Sec. 542. Authority of judges of the United States Court of Appeals for
the Armed Forces to administer oaths.
Sec. 543. Modification of authorities on senior members of the Judge
Advocate Generals' Corps.
Sec. 544. Prohibition against members of the Armed Forces participating
in criminal street gangs.
Subtitle E--Military Leave
Sec. 551. Temporary enhancement of carryover of accumulated leave for
members of the Armed Forces.
Sec. 552. Enhancement of rest and recuperation leave.
Subtitle F--Decorations and Awards
Sec. 561. Authorization and request for award of Medal of Honor to
Leslie H. Sabo, Jr., for acts of valor during the Vietnam War.
Sec. 562. Authorization and request for award of Medal of Honor to Henry
Svehla for acts of valor during the Korean War.
Sec. 563. Authorization and request for award of Medal of Honor to
Woodrow W. Keeble for acts of valor during the Korean War.
Sec. 564. Authorization and request for award of Medal of Honor to
Private Philip G. Shadrach for acts of valor as one of
Andrews' Raiders during the Civil War.
Sec. 565. Authorization and request for award of Medal of Honor to
Private George D. Wilson for acts of valor as one of Andrews'
Raiders during the Civil War.
Subtitle G--Impact Aid and Defense Dependents Education System
Sec. 571. Continuation of authority to assist local educational agencies
that benefit dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 572. Impact aid for children with severe disabilities.
Sec. 573. Inclusion of dependents of non-department of Defense employees
employed on Federal property in plan relating to force
structure changes, relocation of military units, or base
closures and realignments.
Sec. 574. Payment of private boarding school tuition for military
dependents in overseas areas not served by defense dependents'
education system schools.
Subtitle H--Military Families
Sec. 581. Department of Defense Military Family Readiness Council and
policy and plans for military family readiness.
Sec. 582. Yellow Ribbon Reintegration Program.
Sec. 583. Study to enhance and improve support services and programs for
families of members of regular and reserve components
undergoing deployment.
Sec. 584. Protection of child custody arrangements for parents who are
members of the Armed Forces deployed in support of a
contingency operation.
Sec. 585. Family leave in connection with injured members of the Armed
Forces.
Sec. 586. Family care plans and deferment of deployment of single parent
or dual military couples with minor dependents.
Sec. 587. Education and treatment services for military dependent
children with autism.
Sec. 588. Commendation of efforts of Project Compassion in paying
tribute to members of the Armed Forces who have fallen in the
service of the United States.
Subtitle I--Other Matters
Sec. 590. Uniform performance policies for military bands and other
musical units.
Sec. 591. Transportation of remains of deceased members of the Armed
Forces and certain other persons.
Sec. 592. Expansion of number of academies supportable in any State
under STARBASE program.
Sec. 593. Gift acceptance authority.
Sec. 594. Conduct by members of the Armed Forces and veterans out of
uniform during hoisting, lowering, or passing of United States
flag.
Sec. 595. Annual report on cases reviewed by National Committee for
Employer Support of the Guard and Reserve.
Sec. 596. Modification of Certificate of Release or Discharge from
Active Duty (DD Form 214).
Sec. 597. Reports on administrative separations of members of the Armed
Forces for personality disorder.
Sec. 598. Program to commemorate 50th anniversary of the Vietnam War.
Sec. 599. Recognition of members of the Monuments, Fine Arts, and
Archives program of the Civil Affairs and Military Government
Sections of the Armed Forces during and following World War
II.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2008 increase in military basic pay.
Sec. 602. Basic allowance for housing for reserve component members
without dependents who attend accession training while
maintaining a primary residence.
Sec. 603. Extension and enhancement of authority for temporary lodging
expenses for members of the Armed Forces in areas subject to
major disaster declaration or for installations experiencing
sudden increase in personnel levels.
Sec. 604. Income replacement payments for reserve component members
experiencing extended and frequent mobilization for active
duty service.
Sec. 605. Midmonth payment of basic pay for contributions of members of
the uniformed services participating in Thrift Savings Plan.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonus and special pay authorities for
Reserve forces.
Sec. 612. Extension of certain bonus and special pay authorities for
health care professionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear
officers.
Sec. 614. Extension of authorities relating to payment of other bonuses
and special pays.
Sec. 615. Increase in incentive special pay and multiyear retention
bonus for medical officers.
Sec. 616. Increase in dental officer additional special pay.
Sec. 617. Increase in maximum monthly rate of hardship duty pay and
authority to provide hardship duty pay in a lump sum.
Sec. 618. Definition of sea duty for career sea pay to include service
as off-cycle crewmembers of multi-crew ships.
Sec. 619. Reenlistment bonus for members of the Selected Reserve.
Sec. 620. Availability of Selected Reserve accession bonus for persons
who previously served in the Armed Forces for a short period.
Sec. 621. Availability of nuclear officer continuation pay for officers
with more than 26 years of commissioned service.
Sec. 622. Waiver of years-of-service limitation on receipt of critical
skills retention bonus.
Sec. 623. Accession bonus for participants in the Armed Forces Health
Professions Scholarship and Financial Assistance Program.
Sec. 624. Payment of assignment incentive pay for Reserve members
serving in combat zone for more than 22 months.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Payment of inactive duty training travel costs for certain
Selected Reserve members.
Sec. 632. Survivors of deceased members eligible for transportation to
attend burial ceremonies.
Sec. 633. Allowance for participation of Reserves in electronic
screening.
Sec. 634. Allowance for civilian clothing for members of the Armed
Forces traveling in connection with medical evacuation.
Sec. 635. Payment of moving expenses for Junior Reserve Officers'
Training Corps instructors in hard-to-fill positions.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 641. Expansion of combat-related special compensation eligibility.
Sec. 642. Inclusion of veterans with service-connected disabilities
rated as total by reason of unemployability under termination
of phase-in of concurrent receipt of retired pay and veterans'
disability compensation.
Sec. 643. Recoupment of annuity amounts previously paid, but subject to
offset for dependency and indemnity compensation.
Sec. 644. Special survivor indemnity allowance for persons affected by
required Survivor Benefit Plan annuity offset for dependency
and indemnity compensation.
Sec. 645. Modification of authority of members of the Armed Forces to
designate recipients for payment of death gratuity.
Sec. 646. Clarification of application of retired pay multiplier
percentage to members of the uniformed services with over 30
years of service.
Sec. 647. Commencement of receipt of non-regular service retired pay by
members of the Ready Reserve on active Federal status or
active duty for significant periods.
Sec. 648. Computation of years of service for purposes of retired pay
for non-regular service.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
Sec. 651. Authority to continue commissary and exchange benefits for
certain involuntarily separated members of the Armed Forces.
Sec. 652. Authorization of installment deductions from pay of employees
of nonappropriated fund instrumentalities to collect
indebtedness to the United States.
Subtitle F--Consolidation of Special Pay, Incentive Pay, and Bonus
Authorities
Sec. 661. Consolidation of special pay, incentive pay, and bonus
authorities of the uniformed services.
Sec. 662. Transitional provisions.
Subtitle G--Other Matters
Sec. 671. Referral bonus authorities.
Sec. 672. Expansion of education loan repayment program for members of
the Selected Reserve.
Sec. 673. Ensuring entry into United States after time abroad for
permanent resident alien military spouses and children.
Sec. 674. Overseas naturalization for military spouses and children.
Sec. 675. Modification of amount of back pay for members of Navy and
Marine Corps selected for promotion while interned as
prisoners of war during World War II to take into account
changes in Consumer Price Index.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Improvements to Military Health Benefits
Sec. 701. One-year extension of prohibition on increases in certain
health care costs for members of the uniformed services.
Sec. 702. Temporary prohibition on increase in copayments under retail
pharmacy system of pharmacy benefits program.
Sec. 703. Inclusion of TRICARE retail pharmacy program in Federal
procurement of pharmaceuticals.
Sec. 704. Stipend for members of reserve components for health care for
certain dependents.
Sec. 705. Authority for expansion of persons eligible for continued
health benefits coverage.
Sec. 706. Continuation of eligibility for TRICARE Standard coverage for
certain members of the Selected Reserve.
Sec. 707. Extension of pilot program for health care delivery.
Sec. 708. Inclusion of mental health care in definition of health care
and report on mental health care services.
Subtitle B--Studies and Reports
Sec. 711. Surveys on continued viability of TRICARE Standard and TRICARE
Extra.
Sec. 712. Report on training in preservation of remains under combat or
combat-related conditions.
Sec. 713. Report on patient satisfaction surveys.
Sec. 714. Report on medical physical examinations of members of the
Armed Forces before their deployment.
Sec. 715. Report and study on multiple vaccinations of members of the
Armed Forces.
Sec. 716. Review of gender- and ethnic group-specific mental health
services and treatment for members of the Armed Forces.
Sec. 717. Licensed mental health counselors and the TRICARE program.
Sec. 718. Report on funding of the Department of Defense for health
care.
Subtitle C--Other Matters
Sec. 721. Prohibition on conversion of military medical and dental
positions to civilian medical and dental positions.
Sec. 722. Establishment of Joint Pathology Center.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Sec. 800. Short title.
Subtitle A--Acquisition Policy and Management
Sec. 801. Internal controls for procurements on behalf of the Department
of Defense by certain non-Defense agencies.
Sec. 802. Lead systems integrators.
Sec. 803. Reinvestment in domestic sources of strategic materials.
Sec. 804. Clarification of the protection of strategic materials
critical to national security.
Sec. 805. Procurement of commercial services.
Sec. 806. Specification of amounts requested for procurement of contract
services.
Sec. 807. Inventories and reviews of contracts for services.
Sec. 808. Independent management reviews of contracts for services.
Sec. 809. Implementation and enforcement of requirements applicable to
undefinitized contractual actions.
Sec. 810. Clarification of limited acquisition authority for Special
Operations Command.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Requirements applicable to multiyear contracts for the
procurement of major systems of the Department of Defense.
Sec. 812. Changes to Milestone B certifications.
Sec. 813. Comptroller General report on Department of Defense
organization and structure for major defense acquisition
programs.
Sec. 814. Clarification of submission of cost or pricing data on
noncommercial modifications of commercial items.
Sec. 815. Clarification of rules regarding the procurement of commercial
items.
Sec. 816. Review of systemic deficiencies on major defense acquisition
programs.
Sec. 817. Investment strategy for major defense acquisition programs.
Sec. 818. Report on implementation of recommendations on total ownership
cost for major weapon systems.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Plan for restricting Government-unique contract clauses on
commercial contracts.
Sec. 822. Extension of authority for use of simplified acquisition
procedures for certain commercial items.
Sec. 823. Five-year extension of authority to carry out certain
prototype projects.
Sec. 824. Exemption of Special Operations Command from certain
requirements for certain contracts relating to vessels,
aircraft, and combat vehicles.
Sec. 825. Provision of authority to maintain equipment to unified
combatant command for joint warfighting.
Sec. 826. Market research.
Sec. 827. Modification of competition requirements for purchases from
Federal Prison Industries.
Sec. 828. Multiyear contract authority for electricity from renewable
energy sources.
Sec. 829. Procurement of fire resistant rayon fiber for the production
of uniforms from foreign sources.
Sec. 830. Comptroller General review of noncompetitive awards of
congressional and executive branch interest items.
Subtitle D--Accountability in Contracting
Sec. 841. Commission on Wartime Contracting in Iraq and Afghanistan.
Sec. 842. Investigation of waste, fraud, and abuse in wartime contracts
and contracting processes in Iraq and Afghanistan.
Sec. 843. Enhanced competition requirements for task and delivery order
contracts.
Sec. 844. Public disclosure of justification and approval documents for
noncompetitive contracts.
Sec. 845. Disclosure of government contractor audit findings.
Sec. 846. Protection for contractor employees from reprisal for
disclosure of certain information.
Sec. 847. Requirements for senior Department of Defense officials
seeking employment with defense contractors.
Sec. 848. Report on contractor ethics programs of Major Defense
contractors.
Sec. 849. Contingency contracting training for personnel outside the
acquisition workforce and evaluations of Army Commission
recommendations.
Subtitle E--Acquisition Workforce Provisions
Sec. 851. Requirement for section on defense acquisition workforce in
strategic human capital plan.
Sec. 852. Department of Defense Acquisition Workforce Development Fund.
Sec. 853. Extension of authority to fill shortage category positions for
certain Federal acquisition positions.
Sec. 854. Repeal of sunset of acquisition workforce training fund.
Sec. 855. Federal acquisition workforce improvements.
Subtitle F--Contracts in Iraq and Afghanistan
Sec. 861. Memorandum of understanding on matters relating to
contracting.
Sec. 862. Contractors performing private security functions in areas of
combat operations.
Sec. 863. Comptroller General reviews and reports on contracting in Iraq
and Afghanistan.
Sec. 864. Definitions and other general provisions.
Subtitle G--Defense Materiel Readiness Board
Sec. 871. Establishment of Defense Materiel Readiness Board.
Sec. 872. Critical materiel readiness shortfalls.
Subtitle H--Other Matters
Sec. 881. Clearinghouse for rapid identification and dissemination of
commercial information technologies.
Sec. 882. Authority to license certain military designations and
likenesses of weapons systems to toy and hobby manufacturers.
Sec. 883. Modifications to limitation on contracts to acquire military
flight simulator.
Sec. 884. Requirements relating to waivers of certain domestic source
limitations relating to specialty metals.
Sec. 885. Telephone services for military personnel serving in combat
zones.
Sec. 886. Enhanced authority to acquire products and services produced
in Iraq and Afghanistan.
Sec. 887. Defense Science Board review of Department of Defense policies
and procedures for the acquisition of information technology.
Sec. 888. Green procurement policy.
Sec. 889. Comptroller General review of use of authority under the
Defense Production Act of 1950.
Sec. 890. Prevention of export control violations.
Sec. 891. Procurement goal for Native Hawaiian-serving institutions and
Alaska Native-serving institutions.
Sec. 892. Competition for procurement of small arms supplied to Iraq and
Afghanistan.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Repeal of limitation on major Department of Defense
headquarters activities personnel and related report.
Sec. 902. Flexibility to adjust the number of deputy chiefs and
assistant chiefs.
Sec. 903. Change in eligibility requirements for appointment to
Department of Defense leadership positions.
Sec. 904. Management of the Department of Defense.
Sec. 905. Revision in guidance relating to combatant command acquisition
authority.
Sec. 906. Department of Defense Board of Actuaries.
Sec. 907. Modification of background requirement of individuals
appointed as Under Secretary of Defense for Acquisition,
Technology, and Logistics.
Sec. 908. Assistant Secretaries of the military departments for
acquisition matters; principal military deputies.
Sec. 909. Sense of Congress on term of Office of the Director of
Operational Test and Evaluation.
Subtitle B--Space Activities
Sec. 911. Space protection strategy.
Sec. 912. Biennial report on management of space cadre within the
Department of Defense.
Sec. 913. Additional report on oversight of acquisition for defense
space programs.
Subtitle C--Chemical Demilitarization Program
Sec. 921. Chemical demilitarization citizens advisory commissions.
Sec. 922. Sense of Congress on completion of destruction of United
States chemical weapons stockpile.
Sec. 923. Repeal of certain qualifications requirement for director of
chemical demilitarization management organization.
Sec. 924. Modification of termination of assistance to State and local
governments after completion of the destruction of the United
States chemical weapons stockpile.
Subtitle D--Intelligence-Related Matters
Sec. 931. Technical amendments to title 10, United States Code, arising
from enactment of the Intelligence Reform and Terrorism
Prevention Act of 2004.
Subtitle E--Roles and Missions Analysis
Sec. 941. Requirement for quadrennial roles and missions review.
Sec. 942. Joint Requirements Oversight Council additional duties
relating to core mission areas.
Sec. 943. Requirement for certification of major systems prior to
technology development.
Sec. 944. Presentation of future-years mission budget by core mission
area.
Subtitle F--Other Matters
Sec. 951. Department of Defense consideration of effect of climate
change on Department facilities, capabilities, and missions.
Sec. 952. Interagency policy coordination.
Sec. 953. Expansion of employment creditable under service agreements
under National Security Education Program.
Sec. 954. Board of Regents for the Uniformed Services University of the
Health Sciences.
Sec. 955. Establishment of Department of Defense School of Nursing.
Sec. 956. Inclusion of commanders of Western Hemisphere combatant
commands in Board of Visitors of Western Hemisphere Institute
for Security Cooperation.
Sec. 957. Comptroller General assessment of reorganization of the Office
of the Under Secretary of Defense for Policy.
Sec. 958. Report on foreign language proficiency.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. United States contribution to NATO common-funded budgets in
fiscal year 2008.
Sec. 1003. Authorization of additional emergency supplemental
appropriations for fiscal year 2007.
Sec. 1004. Modification of fiscal year 2007 general transfer authority.
Sec. 1005. Financial management transformation initiative for the
Defense Agencies.
Sec. 1006. Repeal of requirement for two-year budget cycle for the
Department of Defense.
Subtitle B--Policy Relating to Vessels and Shipyards
Sec. 1011. Limitation on leasing of vessels.
Sec. 1012. Policy relating to major combatant vessels of the strike
forces of the United States Navy.
Subtitle C--Counter-Drug Activities
Sec. 1021. Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities.
Sec. 1022. Expansion of authority to provide additional support for
counter-drug activities in certain foreign countries.
Sec. 1023. Report on counternarcotics assistance for the Government of
Haiti.
Subtitle D--Miscellaneous Authorities and Limitations
Sec. 1031. Provision of Air Force support and services to foreign
military and state aircraft.
Sec. 1032. Department of Defense participation in Strategic Airlift
Capability Partnership.
Sec. 1033. Improved authority to provide rewards for assistance in
combating terrorism.
Sec. 1034. Support for non-Federal development and testing of material
for chemical agent defense.
Sec. 1035. Prohibition on sale of F-14 fighter aircraft and related
parts.
Subtitle E--Reports
Sec. 1041. Extension and modification of report relating to hardened and
deeply buried targets.
Sec. 1042. Report on joint modeling and simulation activities.
Sec. 1043. Renewal of submittal of plans for prompt global strike
capability.
Sec. 1044. Report on workforce required to support the nuclear missions
of the Navy and the Department of Energy.
Sec. 1045. Comptroller General report on Defense Finance and Accounting
Service response to Butterbaugh v. Department of Justice.
Sec. 1046. Study on size and mix of airlift force.
Sec. 1047. Report on feasibility of establishing a domestic military
aviation national training center.
Sec. 1048. Limited field user evaluations for combat helmet pad
suspension systems.
Sec. 1049. Study on national security interagency system.
Sec. 1050. Report on solid rocket motor industrial base.
Sec. 1051. Reports on establishment of a memorial for members of the
Armed Forces who died in the air crash in Bakers Creek,
Australia, and establishment of other memorials in Arlington
National Cemetery.
Subtitle F--Other Matters
Sec. 1061. Reimbursement for National Guard support provided to Federal
agencies.
Sec. 1062. Congressional Commission on the Strategic Posture of the
United States.
Sec. 1063. Technical and clerical amendments.
Sec. 1064. Repeal of certification requirement.
Sec. 1065. Maintenance of capability for space-based nuclear detection.
Sec. 1066. Sense of Congress regarding detainees at Naval Station,
Guantanamo Bay, Cuba.
Sec. 1067. A report on transferring individuals detained at Naval
Station, Guantanamo Bay, Cuba.
Sec. 1068. Repeal of provisions in section 1076 of Public Law 109-364
relating to use of Armed Forces in major public emergencies.
Sec. 1069. Standards required for entry to military installations in
United States.
Sec. 1070. Revised nuclear posture review.
Sec. 1071. Termination of Commission on the Implementation of the New
Strategic Posture of the United States.
Sec. 1072. Security clearances; limitations.
Sec. 1073. Improvements in the process for the issuance of security
clearances.
Sec. 1074. Protection of certain individuals.
Sec. 1075. Modification of authorities on Commission to Assess the
Threat to the United States from Electromagnetic Pulse Attack.
Sec. 1076. Sense of Congress on Small Business Innovation Research
Program.
Sec. 1077. Revision of proficiency flying definition.
Sec. 1078. Qualifications for public aircraft status of aircraft under
contract with the Armed Forces.
Sec. 1079. Communications with the Committees on Armed Services of the
Senate and the House of Representatives.
Sec. 1080. Retention of reimbursement for provision of reciprocal fire
protection services.
Sec. 1081. Pilot program on commercial fee-for-service air refueling
support for the Air Force.
Sec. 1082. Advisory panel on Department of Defense capabilities for
support of civil authorities after certain incidents.
Sec. 1083. Terrorism exception to immunity.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Extension of authority to waive annual limitation on total
compensation paid to Federal civilian employees working
overseas under areas of United States Central Command.
Sec. 1102. Continuation of life insurance coverage for Federal employees
called to active duty.
Sec. 1103. Transportation of dependents, household effects, and personal
property to former home following death of Federal employee
where death resulted from disease or injury incurred in the
Central Command area of responsibility.
Sec. 1104. Special benefits for civilian employees assigned on
deployment temporary change of station.
Sec. 1105. Death gratuity authorized for Federal employees.
Sec. 1106. Modifications to the National Security Personnel System.
Sec. 1107. Requirement for full implementation of personnel
demonstration project.
Sec. 1108. Authority for inclusion of certain Office of Defense Research
and Engineering positions in experimental personnel program
for scientific and technical personnel.
Sec. 1109. Pilot program for the temporary assignment of information
technology personnel to private sector organizations.
Sec. 1110. Compensation for Federal wage system employees for certain
travel hours.
Sec. 1111. Travel compensation for wage grade personnel.
Sec. 1112. Accumulation of annual leave by senior level employees.
Sec. 1113. Uniform allowances for civilian employees.
Sec. 1114. Flexibility in setting pay for employees who move from a
Department of Defense or Coast Guard nonappropriated fund
instrumentality position to a position in the General Schedule
pay system.
Sec. 1115. Retirement service credit for service as cadet or midshipman
at a military service academy.
Sec. 1116. Authorization for increased compensation for faculty and
staff of the Uniformed Services University of the Health
Sciences.
Sec. 1117. Report on establishment of a scholarship program for civilian
mental health professionals.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Military-to-military contacts and comparable activities.
Sec. 1202. Authority for support of military operations to combat
terrorism.
Sec. 1203. Medical care and temporary duty travel expenses for liaison
officers of certain foreign nations.
Sec. 1204. Extension and expansion of Department of Defense authority to
participate in multinational military centers of excellence.
Sec. 1205. Reauthorization of Commanders' Emergency Response Program.
Sec. 1206. Authority to build the capacity of the Pakistan Frontier
Corps.
Sec. 1207. Authority to equip and train foreign personnel to assist in
accounting for missing United States Government personnel.
Sec. 1208. Authority to provide automatic identification system data on
maritime shipping to foreign countries and international
organizations.
Sec. 1209. Report on foreign-assistance related programs carried out by
the Department of Defense.
Sec. 1210. Extension and enhancement of authority for security and
stabilization assistance.
Sec. 1211. Government Accountability Office report on Global Peace
Operations Initiative.
Sec. 1212. Repeal of limitations on military assistance under the
American Servicemembers' Protection Act of 2002.
Subtitle B--Matters Relating to Iraq and Afghanistan
Sec. 1221. Modification of authorities relating to the Office of the
Special Inspector General for Iraq Reconstruction.
Sec. 1222. Limitation on availability of funds for certain purposes
relating to Iraq.
Sec. 1223. Report on United States policy and military operations in
Iraq.
Sec. 1224. Report on a comprehensive set of performance indicators and
measures for progress toward military and political stability
in Iraq.
Sec. 1225. Report on support from Iran for attacks against coalition
forces in Iraq.
Sec. 1226. Sense of Congress on the consequences of a failed state in
Iraq.
Sec. 1227. Sense of Congress on federalism in Iraq.
Sec. 1228. Tracking and monitoring of defense articles provided to the
Government of Iraq and other individuals and groups in Iraq.
Sec. 1229. Special Inspector General for Afghanistan Reconstruction.
Sec. 1230. Report on progress toward security and stability in
Afghanistan.
Sec. 1231. United States plan for sustaining the Afghanistan National
Security Forces.
Sec. 1232. Report on enhancing security and stability in the region
along the border of Afghanistan and Pakistan.
Sec. 1233. Reimbursement of certain coalition nations for support
provided to United States military operations.
Sec. 1234. Logistical support for coalition forces supporting operations
in Iraq and Afghanistan.
Subtitle C--Iraq Refugee Crisis
Sec. 1241. Short title.
Sec. 1242. Processing mechanisms.
Sec. 1243. United States refugee program processing priorities.
Sec. 1244. Special immigrant status for certain Iraqis.
Sec. 1245. Senior Coordinator for Iraqi Refugees and Internally
Displaced Persons.
Sec. 1246. Countries with significant populations of Iraqi refugees.
Sec. 1247. Motion to reopen denial or termination of asylum.
Sec. 1248. Reports.
Sec. 1249. Authorization of appropriations.
Subtitle D--Other Authorities and Limitations
Sec. 1251. Cooperative opportunities documents under cooperative
research and development agreements with NATO organizations
and other allied and friendly foreign countries.
Sec. 1252. Extension and expansion of temporary authority to use
acquisition and cross-servicing agreements to lend military
equipment for personnel protection and survivability.
Sec. 1253. Acceptance of funds from the Government of Palau for costs of
United States military Civic Action Team in Palau.
Sec. 1254. Repeal of requirement relating to North Korea.
Sec. 1255. Justice for Osama bin Laden and other leaders of al Qaeda.
Sec. 1256. Extension of Counterproliferation Program Review Committee.
Sec. 1257. Sense of Congress on the Western Hemisphere Institute for
Security Cooperation.
Sec. 1258. Sense of Congress on Iran.
Subtitle E--Reports
Sec. 1261. One-year extension of update on report on claims relating to
the bombing of the Labelle Discotheque.
Sec. 1262. Report on United States policy toward Darfur, Sudan.
Sec. 1263. Inclusion of information on asymmetric capabilities in annual
report on military power of the People's Republic of China.
Sec. 1264. Report on application of the Uniform Code of Military Justice
to civilians accompanying the Armed Forces during a time of
declared war or contingency operation.
Sec. 1265. Report on family reunions between United States citizens and
their relatives in North Korea.
Sec. 1266. Reports on prevention of mass atrocities.
Sec. 1267. Report on threats to the United States from ungoverned areas.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Specification of Cooperative Threat Reduction programs in
states outside the former Soviet Union.
Sec. 1304. Repeal of restrictions on assistance to states of the former
Soviet Union for Cooperative Threat Reduction.
Sec. 1305. Modification of authority to use Cooperative Threat Reduction
funds outside the former Soviet Union.
Sec. 1306. New initiatives for the Cooperative Threat Reduction Program.
Sec. 1307. Report relating to chemical weapons destruction at
Shchuch'ye, Russia.
Sec. 1308. National Academy of Sciences study of prevention of
proliferation of biological weapons.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Defense Health Program.
Sec. 1404. Chemical agents and munitions destruction, Defense.
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1406. Defense Inspector General.
Subtitle B--National Defense Stockpile
Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revisions to required receipt objectives for previously
authorized disposals from the National Defense Stockpile.
Sec. 1413. Disposal of ferromanganese.
Sec. 1414. Disposal of chrome metal.
Subtitle C--Armed Forces Retirement Home
Sec. 1421. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1422. Administration and oversight of the Armed Forces Retirement
Home.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION IRAQI
FREEDOM AND OPERATION ENDURING FREEDOM
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Air Force procurement.
Sec. 1505. Joint Improvised Explosive Device Defeat Fund.
Sec. 1506. Defense-wide activities procurement.
Sec. 1507. Research, development, test, and evaluation.
Sec. 1508. Operation and maintenance.
Sec. 1509. Working capital funds.
Sec. 1510. Other Department of Defense programs.
Sec. 1511. Iraq Freedom Fund.
Sec. 1512. Iraq Security Forces Fund.
Sec. 1513. Afghanistan Security Forces Fund.
Sec. 1514. Military personnel.
Sec. 1515. Strategic Readiness Fund.
Sec. 1516. Treatment as additional authorizations.
Sec. 1517. Special transfer authority.
TITLE XVI--WOUNDED WARRIOR MATTERS
Sec. 1601. Short title.
Sec. 1602. General definitions.
Sec. 1603. Consideration of gender-specific needs of recovering service
members and veterans.
Subtitle A--Policy on Improvements to Care, Management, and Transition
of Recovering Service Members
Sec. 1611. Comprehensive policy on improvements to care, management, and
transition of recovering service members.
Sec. 1612. Medical evaluations and physical disability evaluations of
recovering service members.
Sec. 1613. Return of recovering service members to active duty in the
Armed Forces.
Sec. 1614. Transition of recovering service members from care and
treatment through the Department of Defense to care,
treatment, and rehabilitation through the Department of
Veterans Affairs.
Sec. 1615. Reports.
Sec. 1616. Establishment of a wounded warrior resource center.
Sec. 1617. Notification to Congress of hospitalization of combat wounded
service members.
Sec. 1618. Comprehensive plan on prevention, diagnosis, mitigation,
treatment, and rehabilitation of, and research on, traumatic
brain injury, post-traumatic stress disorder, and other mental
health conditions in members of the Armed Forces.
Subtitle B--Centers of Excellence in the Prevention, Diagnosis,
Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury,
Post-Traumatic Stress Disorder, and Eye Injuries
Sec. 1621. Center of excellence in the prevention, diagnosis,
mitigation, treatment, and rehabilitation of traumatic brain
injury.
Sec. 1622. Center of excellence in prevention, diagnosis, mitigation,
treatment, and rehabilitation of post-traumatic stress
disorder and other mental health conditions.
Sec. 1623. Center of excellence in prevention, diagnosis, mitigation,
treatment, and rehabilitation of military eye injuries.
Sec. 1624. Report on establishment of centers of excellence.
Subtitle C--Health Care Matters
Sec. 1631. Medical care and other benefits for members and former
members of the Armed Forces with severe injuries or illnesses.
Sec. 1632. Reimbursement of travel expenses of retired members with
combat-related disabilities for follow-on specialty care,
services, and supplies.
Sec. 1633. Respite care and other extended care benefits for members of
the uniformed services who incur a serious injury or illness
on active duty.
Sec. 1634. Reports.
Sec. 1635. Fully interoperable electronic personal health information
for the Department of Defense and Department of Veterans
Affairs.
Sec. 1636. Enhanced personnel authorities for the Department of Defense
for health care professionals for care and treatment of
wounded and injured members of the Armed Forces.
Sec. 1637. Continuation of transitional health benefits for members of
the Armed Forces pending resolution of service-related medical
conditions.
Subtitle D--Disability Matters
Sec. 1641. Utilization of veterans' presumption of sound condition in
establishing eligibility of members of the Armed Forces for
retirement for disability.
Sec. 1642. Requirements and limitations on Department of Defense
determinations of disability with respect to members of the
Armed Forces.
Sec. 1643. Review of separation of members of the Armed Forces separated
from service with a disability rating of 20 percent disabled
or less.
Sec. 1644. Authorization of pilot programs to improve the disability
evaluation system for members of the Armed Forces.
Sec. 1645. Reports on Army action plan in response to deficiencies in
the Army physical disability evaluation system.
Sec. 1646. Enhancement of disability severance pay for members of the
Armed Forces.
Sec. 1647. Assessments of continuing utility and future role of
temporary disability retired list.
Sec. 1648. Standards for military medical treatment facilities,
specialty medical care facilities, and military quarters
housing patients and annual report on such facilities.
Sec. 1649. Reports on Army Medical Action Plan in response to
deficiencies identified at Walter Reed Army Medical Center,
District of Columbia.
Sec. 1650. Required certifications in connection with closure of Walter
Reed Army Medical Center, District of Columbia.
Sec. 1651. Handbook for members of the Armed Forces on compensation and
benefits available for serious injuries and illnesses.
Subtitle E--Studies and Reports
Sec. 1661. Study on physical and mental health and other readjustment
needs of members and former members of the Armed Forces who
deployed in Operation Iraqi Freedom and Operation Enduring
Freedom and their families.
Sec. 1662. Access of recovering service members to adequate outpatient
residential facilities.
Sec. 1663. Study and report on support services for families of
recovering service members.
Sec. 1664. Report on traumatic brain injury classifications.
Sec. 1665. Evaluation of the Polytrauma Liaison Officer/Non-Commissioned
Officer program.
Subtitle F--Other Matters
Sec. 1671. Prohibition on transfer of resources from medical care.
Sec. 1672. Medical care for families of members of the Armed Forces
recovering from serious injuries or illnesses.
Sec. 1673. Improvement of medical tracking system for members of the
Armed Forces deployed overseas.
Sec. 1674. Guaranteed funding for Walter Reed Army Medical Center,
District of Columbia.
Sec. 1675. Use of leave transfer program by wounded veterans who are
Federal employees.
Sec. 1676. Moratorium on conversion to contractor performance of
Department of Defense functions at military medical
facilities.
TITLE XVII--VETERANS MATTERS
Sec. 1701. Sense of Congress on Department of Veterans Affairs efforts
in the rehabilitation and reintegration of veterans with
traumatic brain injury.
Sec. 1702. Individual rehabilitation and community reintegration plans
for veterans and others with traumatic brain injury.
Sec. 1703. Use of non-Department of Veterans Affairs facilities for
implementation of rehabilitation and community reintegration
plans for traumatic brain injury.
Sec. 1704. Research, education, and clinical care program on traumatic
brain injury.
Sec. 1705. Pilot program on assisted living services for veterans with
traumatic brain injury.
Sec. 1706. Provision of age-appropriate nursing home care.
Sec. 1707. Extension of period of eligibility for health care for
veterans of combat service during certain periods of
hostilities and war.
Sec. 1708. Service-connection and assessments for mental health
conditions in veterans.
Sec. 1709. Modification of requirements for furnishing outpatient dental
services to veterans with service-connected dental conditions
or disabilities.
Sec. 1710. Clarification of purpose of outreach services program of
Department of Veterans Affairs.
Sec. 1711. Designation of fiduciary or trustee for purposes of Traumatic
Servicemembers' Group Life Insurance.
TITLE XVIII--NATIONAL GUARD BUREAU MATTERS AND RELATED MATTERS
Sec. 1801. Short title.
Subtitle A--National Guard Bureau
Sec. 1811. Appointment, grade, duties, and retirement of the Chief of
the National Guard Bureau.
Sec. 1812. Establishment of National Guard Bureau as joint activity of
the Department of Defense.
Sec. 1813. Enhancement of functions of the National Guard Bureau.
Sec. 1814. Requirement for Secretary of Defense to prepare plan for
response to natural disasters and terrorist events.
Sec. 1815. Determination of Department of Defense civil support
requirements.
Subtitle B--Additional Reserve Component Enhancement
Sec. 1821. United States Northern Command.
Sec. 1822. Council of Governors.
Sec. 1823. Plan for Reserve Forces Policy Board.
Sec. 1824. High-level positions authorized or required to be held by
reserve component general or flag officers.
Sec. 1825. Retirement age and years of service limitations on certain
reserve general and flag officers.
Sec. 1826. Additional reporting requirements relating to National Guard
equipment.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Termination of authority to carry out fiscal year 2007 Army
projects for which funds were not appropriated.
Sec. 2106. Technical amendments to Military Construction Authorization
Act for Fiscal Year 2007.
Sec. 2107. Modification of authority to carry out certain fiscal year
2006 projects.
Sec. 2108. Extension of authorizations of certain fiscal year 2005
projects.
Sec. 2109. Ground lease, SOUTHCOM headquarters facility, Miami-Doral,
Florida.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Termination of authority to carry out fiscal year 2007 Navy
projects for which funds were not appropriated.
Sec. 2206. Modification of authority to carry out certain fiscal year
2005 projects.
Sec. 2207. Repeal of authorization for construction of Navy Outlying
Landing Field, Washington County, North Carolina.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Termination of authority to carry out fiscal year 2007 Air
Force projects for which funds were not appropriated.
Sec. 2306. Modification of authority to carry out certain fiscal year
2006 projects.
Sec. 2307. Extension of authorizations of certain fiscal year 2005
projects.
Sec. 2308. Extension of authorizations of certain fiscal year 2004
projects.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Termination or modification of authority to carry out certain
fiscal year 2007 Defense Agencies projects.
Sec. 2405. Munitions demilitarization facilities, Blue Grass Army Depot,
Kentucky, and Pueblo Chemical Activity, Colorado.
Sec. 2406. Extension of authorizations of certain fiscal year 2005
projects.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Termination of authority to carry out fiscal year 2007 Guard
and Reserve projects for which funds were not appropriated.
Sec. 2608. Modification of authority to carry out fiscal year 2006 Air
Force Reserve construction and acquisition projects.
Sec. 2609. Extension of authorizations of certain fiscal year 2005
projects.
Sec. 2610. Extension of authorizations of certain fiscal year 2004
projects.
TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES
Sec. 2701. Authorization of appropriations for base closure and
realignment activities funded through Department of Defense
Base Closure Account 1990.
Sec. 2702. Authorized base closure and realignment activities funded
through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base closure and
realignment activities funded through Department of Defense
Base Closure Account 2005.
Sec. 2704. Authorized cost and scope of work variations for military
construction and military family housing projects related to
base closures and realignments.
Sec. 2705. Transfer of funds from Department of Defense Base Closure
Account 2005 to Department of Defense Housing Funds.
Sec. 2706. Comprehensive accounting of funding required to ensure timely
implementation of 2005 Defense Base Closure and Realignment
Commission recommendations.
Sec. 2707. Relocation of units from Roberts United States Army Reserve
Center and Navy-Marine Corps Reserve Center, Baton Rouge,
Louisiana.
Sec. 2708. Acquisition of real property, Fort Belvoir, Virginia, as part
of the realignment of the installation.
Sec. 2709. Report on availability of traffic infrastructure and
facilities to support base realignment.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Authority to use operation and maintenance funds for
construction projects outside the United States.
Sec. 2802. Clarification of requirement for authorization of military
construction.
Sec. 2803. Increase in thresholds for unspecified minor military
construction projects.
Sec. 2804. Temporary authority to support revitalization of Department
of Defense laboratories through unspecified minor military
construction projects.
Sec. 2805. Extension of authority to accept equalization payments for
facility exchanges.
Sec. 2806. Modifications of authority to lease military family housing.
Sec. 2807. Expansion of authority to exchange reserve component
facilities.
Sec. 2808. Limitation on use of alternative authority for acquisition
and improvement of military housing for privatization of
temporary lodging facilities.
Sec. 2809. Two-year extension of temporary program to use minor military
construction authority for construction of child development
centers.
Sec. 2810. Report on housing privatization initiatives.
Subtitle B--Real Property and Facilities Administration
Sec. 2821. Requirement to report real property transactions resulting in
annual costs of more than $750,000.
Sec. 2822. Continued consolidation of real property provisions without
substantive change.
Sec. 2823. Modification of authority to lease non-excess property of the
military departments.
Sec. 2824. Cooperative agreement authority for management of cultural
resources on certain sites outside military installations.
Sec. 2825. Agreements to limit encroachments and other constraints on
military training, testing, and operations.
Sec. 2826. Expansion to all military departments of Army pilot program
for purchase of certain municipal services for military
installations.
Sec. 2827. Prohibition on commercial flights into Selfridge Air National
Guard Base.
Sec. 2828. Sense of Congress on Department of Defense actions to protect
installations, ranges, and military airspace from
encroachment.
Sec. 2829. Reports on Army and Marine Corps operational ranges.
Sec. 2830. Niagara Air Reserve Base, New York, basing report.
Sec. 2831. Report on the Pinon Canyon Maneuver Site, Colorado.
Subtitle C--Land Conveyances
Sec. 2841. Modification of conveyance authority, Marine Corps Base, Camp
Pendleton, California.
Sec. 2842. Grant of easement, Eglin Air Force Base, Florida.
Sec. 2843. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida.
Sec. 2844. Modification of lease of property, National Flight Academy at
the National Museum of Naval Aviation, Naval Air Station,
Pensacola, Florida.
Sec. 2845. Land exchange, Detroit, Michigan.
Sec. 2846. Transfer of jurisdiction, former Nike missile site, Grosse
Ile, Michigan.
Sec. 2847. Modification to land conveyance authority, Fort Bragg, North
Carolina.
Sec. 2848. Land conveyance, Lewis and Clark United States Army Reserve
Center, Bismarck, North Dakota.
Sec. 2849. Land exchange, Fort Hood, Texas.
Subtitle D--Energy Security
Sec. 2861. Repeal of congressional notification requirement regarding
cancellation ceiling for Department of Defense energy savings
performance contracts.
Sec. 2862. Definition of alternative fueled vehicle.
Sec. 2863. Use of energy efficient lighting fixtures and bulbs in
Department of Defense facilities.
Sec. 2864. Reporting requirements relating to renewable energy use by
Department of Defense to meet Department electricity needs.
Subtitle E--Other Matters
Sec. 2871. Revised deadline for transfer of Arlington Naval Annex to
Arlington National Cemetery.
Sec. 2872. Transfer of jurisdiction over Air Force Memorial to
Department of the Air Force.
Sec. 2873. Report on plans to replace the monument at the Tomb of the
Unknowns at Arlington National Cemetery, Virginia.
Sec. 2874. Increased authority for repair, restoration, and preservation
of Lafayette Escadrille Memorial, Marnes-la-Coquette, France.
Sec. 2875. Addition of Woonsocket local protection project.
Sec. 2876. Repeal of moratorium on improvements at Fort Buchanan, Puerto
Rico.
Sec. 2877. Establishment of national military working dog teams monument
on suitable military installation.
Sec. 2878. Report required prior to removal of missiles from 564th
Missile Squadron.
Sec. 2879. Report on condition of schools under jurisdiction of
Department of Defense Education Activity.
Sec. 2880. Report on facilities and operations of Darnall Army Medical
Center, Fort Hood Military Reservation, Texas.
Sec. 2881. Report on feasibility of establishing a regional disaster
response center at Kelly Air Field, San Antonio, Texas.
Sec. 2882. Naming of housing facility at Fort Carson, Colorado, in honor
of the Honorable Joel Hefley, a former member of the United
States House of Representatives.
Sec. 2883. Naming of Navy and Marine Corps Reserve Center at Rock
Island, Illinois, in honor of the Honorable Lane Evans, a
former member of the United States House of Representatives.
Sec. 2884. Naming of research laboratory at Air Force Rome Research
Site, Rome, New York, in honor of the Honorable Sherwood L.
Boehlert, a former member of the United States House of
Representatives.
Sec. 2885. Naming of administration building at Joint Systems
Manufacturing Center, Lima, Ohio, in honor of the Honorable
Michael G. Oxley, a former member of the United States House
of Representatives.
Sec. 2886. Naming of Logistics Automation Training Facility, Army
Quartermaster Center and School, Fort Lee, Virginia, in honor
of General Richard H. Thompson.
Sec. 2887. Authority to relocate Joint Spectrum Center to Fort Meade,
Maryland.
TITLE XXIX--WAR-RELATED AND EMERGENCY MILITARY CONSTRUCTION
AUTHORIZATIONS
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition
projects.
Sec. 2904. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2905. Authorized base closure and realignment activities funded
through Department of Defense Base Closure Account 2005 and
related authorization of appropriations.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Energy security and assurance.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Reliable Replacement Warhead program.
Sec. 3112. Nuclear test readiness.
Sec. 3113. Modification of reporting requirement.
Sec. 3114. Limitation on availability of funds for Fissile Materials
Disposition program.
Sec. 3115. Modification of limitations on availability of funds for
Waste Treatment and Immobilization Plant.
Sec. 3116. Modification of sunset date of the Office of the Ombudsman of
the Energy Employees Occupational Illness Compensation
Program.
Sec. 3117. Technical amendments.
Subtitle C--Other Matters
Sec. 3121. Study on using existing pits for the Reliable Replacement
Warhead program.
Sec. 3122. Report on retirement and dismantlement of nuclear warheads.
Sec. 3123. Plan for addressing security risks posed to nuclear weapons
complex.
Sec. 3124. Department of Energy protective forces.
Sec. 3125. Evaluation of National Nuclear Security Administration
strategic plan for advanced computing.
Sec. 3126. Sense of Congress on the nuclear nonproliferation policy of
the United States and the Reliable Replacement Warhead
program.
Sec. 3127. Department of Energy report on plan to strengthen and expand
International Radiological Threat Reduction program.
Sec. 3128. Department of Energy report on plan to strengthen and expand
Materials Protection, Control, and Accounting program.
Sec. 3129. Agreements and reports on nuclear forensics capabilities.
Sec. 3130. Report on status of environmental management initiatives to
accelerate the reduction of environmental risks and challenges
posed by the legacy of the Cold War.
Subtitle D--Nuclear Terrorism Prevention
Sec. 3131. Definitions.
Sec. 3132. Sense of Congress on the prevention of nuclear terrorism.
Sec. 3133. Minimum security standard for nuclear weapons and formula
quantities of strategic special nuclear material.
Sec. 3134. Annual report.
TITLE XXXII--WAR-RELATED NATIONAL NUCLEAR SECURITY ADMINISTRATION
AUTHORIZATIONS
Sec. 3201. Additional war-related authorization of appropriations for
National Nuclear Security Administration.
TITLE XXXIII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3301. Authorization.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Remedial action at Moab uranium milling site.
TITLE XXXV--MARITIME ADMINISTRATION
Subtitle A--Maritime Administration Reauthorization
Sec. 3501. Authorization of appropriations for fiscal year 2008.
Sec. 3502. Temporary authority to transfer obsolete combatant vessels to
Navy for disposal.
Sec. 3503. Vessel disposal program.
Subtitle B--Programs
Sec. 3511. Commercial vessel chartering authority.
Sec. 3512. Maritime Administration vessel chartering authority.
Sec. 3513. Chartering to State and local governmental instrumentalities.
Sec. 3514. Disposal of obsolete Government vessels.
Sec. 3515. Vessel transfer authority.
Sec. 3516. Sea trials for Ready Reserve Force.
Sec. 3517. Review of applications for loans and guarantees.
Subtitle C--Technical Corrections
Sec. 3521. Personal injury to or death of seamen.
Sec. 3522. Amendments to Chapter 537 based on Public Law 109-163.
Sec. 3523. Additional amendments based on Public Law 109-163.
Sec. 3524. Amendments based on Public Law 109-171.
Sec. 3525. Amendments based on Public Law 109-241.
Sec. 3526. Amendments based on Public Law 109-364.
Sec. 3527. Miscellaneous amendments.
Sec. 3528. Application of sunset provision to codified provision.
Sec. 3529. Additional technical corrections.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term ``congressional defense
committees'' has the meaning given that term in section
101(a)(16) of title 10, United States Code.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. National Guard and Reserve equipment.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for M1A2 Abrams System
Enhancement Package upgrades.
Sec. 112. Multiyear procurement authority for M2A3/M3A3 Bradley fighting
vehicle upgrades.
Sec. 113. Multiyear procurement authority for conversion of CH-47D
helicopters to CH-47F configuration.
Sec. 114. Multiyear procurement authority for CH-47F helicopters.
Sec. 115. Limitation on use of funds for Increment 1 of the Warfighter
Information Network-Tactical program pending certification to
Congress.
Sec. 116. Prohibition on closure of Army Tactical Missile System
production line pending report.
Sec. 117. Stryker Mobile Gun System.
Subtitle C--Navy Programs
Sec. 121. Multiyear procurement authority for Virginia-class submarine
program.
Sec. 122. Report on shipbuilding investment strategy.
Sec. 123. Sense of Congress on the preservation of a skilled United
States shipyard workforce.
Sec. 124. Assessments required prior to start of construction on first
ship of a shipbuilding program.
Sec. 125. Littoral Combat Ship (LCS) program.
Subtitle D--Air Force Programs
Sec. 131. Limitation on Joint Cargo Aircraft.
Sec. 132. Clarification of limitation on retirement of U-2 aircraft.
Sec. 133. Repeal of requirement to maintain retired C-130E tactical
aircraft.
Sec. 134. Limitation on retirement of C-130E/H tactical airlift
aircraft.
Sec. 135. Limitation on retirement of KC-135E aerial refueling aircraft.
Sec. 136. Transfer to Government of Iraq of three C-130E tactical
airlift aircraft.
Sec. 137. Modification of limitations on retirement of B-52 bomber
aircraft.
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for procurement for the Army as follows:
(1) For aircraft, $4,168,798,000.
(2) For missiles, $1,911,979,000.
(3) For weapons and tracked combat vehicles,
$3,007,489,000.
(4) For ammunition, $2,214,576,000.
(5) For other procurement, $12,451,312,000.
(6) For the Joint Improvised Explosive Device
Defeat Fund, $228,000,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2008 for procurement for the Navy as follows:
(1) For aircraft, $12,432,644,000.
(2) For weapons, including missiles and torpedoes,
$3,068,187,000.
(3) For shipbuilding and conversion,
$13,596,120,000.
(4) For other procurement, $5,209,330,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2008 for procurement for the
Marine Corps in the amount of $2,299,419,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for fiscal year 2008 for
procurement of ammunition for the Navy and the Marine Corps in
the amount of $1,058,832,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for procurement for the Air Force as follows:
(1) For aircraft, $12,117,800,000.
(2) For ammunition, $854,167,000.
(3) For missiles, $4,984,102,000.
(4) For other procurement, $15,405,832,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for Defense-wide procurement in the amount of
$3,280,435,000.
SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for the procurement of aircraft, missiles, wheeled
and tracked combat vehicles, tactical wheeled vehicles,
ammunition, other weapons, and other procurement for the
reserve components of the Armed Forces in the amount of
$980,000,000.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR M1A2 ABRAMS SYSTEM
ENHANCEMENT PACKAGE UPGRADES.
The Secretary of the Army, in accordance with section 2306b
of title 10, United States Code, may enter into a multiyear
contract, beginning with the fiscal year 2008 program year, for
procurement of M1A2 Abrams System Enhancement Package upgrades.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR M2A3/M3A3 BRADLEY
FIGHTING VEHICLE UPGRADES.
The Secretary of the Army, in accordance with section 2306b
of title 10, United States Code, may enter into a multiyear
contract, beginning with the fiscal year 2008 program year, for
procurement of M2A3/M3A3 Bradley fighting vehicle upgrades.
SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR CONVERSION OF CH-47D
HELICOPTERS TO CH-47F CONFIGURATION.
The Secretary of the Army may, in accordance with section
2306b of title 10, United States Code, enter into a multiyear
contract, beginning with the fiscal year 2008 program year, for
conversion of CH-47D helicopters to the CH-47F configuration.
SEC. 114. MULTIYEAR PROCUREMENT AUTHORITY FOR CH-47F HELICOPTERS.
The Secretary of the Army may, in accordance with section
2306b of title 10, United States Code, enter into a multiyear
contract, beginning with the fiscal year 2008 program year, for
procurement of CH-47F helicopters.
SEC. 115. LIMITATION ON USE OF FUNDS FOR INCREMENT 1 OF THE WARFIGHTER
INFORMATION NETWORK-TACTICAL PROGRAM PENDING
CERTIFICATION TO CONGRESS.
(a) Funding Restricted.--Of the amounts appropriated
pursuant to an authorization of appropriations for fiscal year
2008 or otherwise made available for Other Procurement, Army,
that are available for Increment 1 of the Warfighter
Information Network-Tactical program, not more than 50 percent
may be obligated or expended until the Director of Operational
Test and Evaluation submits to the congressional defense
committees a certification, in writing, that the Director of
Operational Test and Evaluation has approved a Test and
Evaluation Master Plan and Initial Operational Test Plan for
Increment 1 of the Warfighter Information Network-Tactical
program.
(b) Increment 1 Defined.--For the purposes of this section,
Increment 1 of the Warfighter Information Network-Tactical
program includes all program elements described as constituting
``Increment 1'' in the memorandum titled ``Warfighter
Information Network-Tactical (WIN-T) Program Acquisition
Decision Memorandum'', dated June 5, 2007, and signed by the
Under Secretary of Defense for Acquisition, Technology, and
Logistics.
SEC. 116. PROHIBITION ON CLOSURE OF ARMY TACTICAL MISSILE SYSTEM
PRODUCTION LINE PENDING REPORT.
(a) Prohibition.--Amounts appropriated pursuant to the
authorization of appropriations in section 101(2) for missiles,
Army, and in section 1502(4) for missile procurement, Army, and
any other appropriated funds available to the Secretary of the
Army may not be used to close the production line for the Army
Tactical Missile System program until after the date on which
the Secretary of the Army submits to the congressional defense
committees a report that contains--
(1) the certification of the Secretary that the
long range surface-to-surface strike and counter
battery mission of the Army can be adequately performed
by other Army weapons systems or by other elements of
the Armed Forces; and
(2) a plan to mitigate any shortfalls in the
industrial base that would be created by the closure of
the production line.
(b) Submission of Report.--The report referred to in
subsection (a) is required not later than April 1, 2008.
SEC. 117. STRYKER MOBILE GUN SYSTEM.
(a) Limitation on Availability of Funds.--None of the
amounts authorized to be appropriated by sections 101(3) and
1501(3) for procurement of weapons and tracked combat vehicles
for the Army may be obligated or expended for purposes of the
procurement of the Stryker Mobile Gun System until 30 days
after the date on which the Secretary of the Army certifies to
Congress that the Stryker Mobile Gun System is operationally
effective, suitable, and survivable for its anticipated
deployment missions.
(b) Waiver.--The Secretary of Defense may waive the
limitation in subsection (a) if the Secretary--
(1) determines that further procurement of the
Stryker Mobile Gun System utilizing amounts referred to
in subsection (a) is in the national security interest
of the United States notwithstanding the inability of
the Secretary of the Army to make the certification
required by that subsection; and
(2) submits to the Congress, in writing, a
notification of the waiver together with a discussion
of--
(A) the reasons for the determination
described in paragraph (1); and
(B) the actions that will be taken to
mitigate any deficiencies that cause the
Stryker Mobile Gun System not to be
operationally effective, suitable, or
survivable, as that case may be, as described
in subsection (a).
Subtitle C--Navy Programs
SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA-CLASS SUBMARINE
PROGRAM.
(a) Authority.--The Secretary of the Navy may, in
accordance with section 2306b of title 10, United States Code,
enter into multiyear contracts, beginning with the fiscal year
2009 program year, for the procurement of Virginia-class
submarines and Government-furnished equipment associated with
the Virginia-class submarine program.
(b) Limitation.--The Secretary may not enter into a
contract authorized by subsection (a) until--
(1) the Secretary submits to the congressional
defense committees a certification that the Secretary
has made, with respect to that contract, each of the
findings required by subsection (a) of section 2306b of
title 10, United States Code; and
(2) a period of 30 days has elapsed after the date
of the transmission of such certification.
SEC. 122. REPORT ON SHIPBUILDING INVESTMENT STRATEGY.
(a) Study Required.--The Secretary of the Navy shall
provide for a study to determine the effectiveness of current
financing mechanisms for providing incentives for contractors
to make shipbuilding capital expenditures, and to assess
potential capital expenditure incentives that would lead to
ship construction or life-cycle cost savings to the Federal
Government. The study shall examine--
(1) potential improvements in design tools and
techniques, material management, technology insertion,
systems integration and testing, and other key
processes and functions that would lead to reduced
construction costs;
(2) construction process improvements that would
reduce procurement and life-cycle costs of the vessels
under construction at the contractor's facilities; and
(3) incentives for investment in shipyard
infrastructure that support construction process
improvements.
(b) Report.--Not later than October 1, 2008, the Secretary
of the Navy shall submit to the congressional defense
committees a report providing the results of the study under
subsection (a). The report shall include each of the following:
(1) An assessment of the shipbuilding industrial
base, as measured by a ten-year history for major
shipbuilders with respect to--
(A) estimated value of shipbuilding
facilities;
(B) critical shipbuilding capabilities;
(C) capital expenditures;
(D) major investments in process
improvements; and
(E) costs for related Navy shipbuilding
projects.
(2) A description of mechanisms available to the
government and industry to finance facilities and
process improvements, including--
(A) contract incentive and award fees;
(B) facilities capital cost of money;
(C) facilities depreciation;
(D) progress payment provisions;
(E) other contract terms and conditions;
(F) State and Federal tax provisions and
tax incentives;
(G) the National Shipbuilding Research
Program; and
(H) any other mechanisms available.
(3) A summary of potential shipbuilding investments
that offer greatest reduction to shipbuilding costs,
including, for each such investment--
(A) a project description;
(B) an estimate of required investment;
(C) the estimated return on investment; and
(D) alternatives for financing the
investment.
(4) The Navy's strategy for providing incentives
for contractors' capital expenditures that would lead
to ship construction or life-cycle savings to the
Federal Government, including identification of any
specific changes in legislative authority that would be
required for the Secretary to execute this strategy.
(c) Utilization of Other Studies and Outside Experts.--The
study shall build upon the results of the 2005 and 2006 Global
Shipbuilding Industrial Base Benchmarking studies. Financial
analysis associated with the report shall be conducted in
consultation with financial experts independent of the
Department of Defense.
SEC. 123. SENSE OF CONGRESS ON THE PRESERVATION OF A SKILLED UNITED
STATES SHIPYARD WORKFORCE.
(a) Sense of Congress.--It is the sense of Congress that
the preservation of a robust domestic skilled workforce is
required for the national shipbuilding infrastructure and
particularly essential to the construction of ships for the
United States Navy.
(b) Study Required.--
(1) In general.--The Secretary of the Navy shall
determine, on a one-time, non-recurring basis, and in
consultation with the Department of Labor, the average
number of H2B visa workers employed by the major
shipbuilders in the construction of United States Navy
ships during the calendar year ending December 31,
2007. The study shall also identify the number of
workers petitioned by the major shipbuilders for use in
calendar year 2008, as of the first quarter of calendar
year 2008.
(2) Report.--Not later than April 1, 2008, the
Secretary of the Navy shall submit to the congressional
defense committees a report containing the results of
the study required by subsection (b).
(3) Definitions.--In this paragraph--
(A) the term ``major shipbuilder'' means a
prime contractor or a first-tier subcontractor
responsible for delivery of combatant and
support vessels required for the naval vessel
force, as reported within the annual naval
vessel construction plan required by section
231 of title 10, United States Code; and
(B) the term ``H2B visa'' means a non-
immigrant visa program that permits employers
to hire foreign workers to come temporarily to
the United States and perform temporary non-
agricultural services or labor on a one-time,
seasonal, peakload, or intermittent basis.
SEC. 124. ASSESSMENTS REQUIRED PRIOR TO START OF CONSTRUCTION ON FIRST
SHIP OF A SHIPBUILDING PROGRAM.
(a) In General.--Concurrent with approving the start of
construction of the first ship for any major shipbuilding
program, the Secretary of the Navy shall--
(1) submit a report to the congressional defense
committees on the results of any production readiness
review; and
(2) certify to the congressional defense committees
that the findings of any such review support
commencement of construction.
(b) Report.--The report required by subsection (a)(1) shall
include, at a minimum, an assessment of each of the following:
(1) The maturity of the ship's design, as measured
by stability of the ship contract specifications and
the degree of completion of detail design and
production design drawings.
(2) The maturity of developmental command and
control systems, weapon and sensor systems, and hull,
mechanical and electrical systems.
(3) The readiness of the shipyard facilities and
workforce to begin construction.
(4) The Navy's estimated cost at completion and the
adequacy of the budget to support the estimate.
(5) The Navy's estimated delivery date and
description of any variance to the contract delivery
date.
(6) The extent to which adequate processes and
metrics are in place to measure and manage program
risks.
(c) Applicability.--This section applies to each major
shipbuilding program beginning after the date of the enactment
of this Act.
(d) Definitions.--For the purposes of subsection (a):
(1) Start of construction.--The term ``start of
construction'' means the beginning of fabrication of
the hull and superstructure of the ship.
(2) First ship.--The term ``first ship'' applies to
a ship if--
(A) the ship is the first ship to be
constructed under that shipbuilding program; or
(B) the shipyard at which the ship is to be
constructed has not previously started
construction on a ship under that shipbuilding
program.
(3) Major shipbuilding program.--The term ``major
shipbuilding program'' means a program for the
construction of combatant and support vessels required
for the naval vessel force, as reported within the
annual naval vessel construction plan required by
section 231 of title 10, United States Code.
(4) Production readiness review.--The term
``production readiness review'' means a formal
examination of a program prior to the start of
construction to determine if the design is ready for
production, production engineering problems have been
resolved, and the producer has accomplished adequate
planning for the production phase.
SEC. 125. LITTORAL COMBAT SHIP (LCS) PROGRAM.
Section 124 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3157) is
amended by striking subsections (a), (b), (c), and (d) and
inserting the following:
``(a) Limitation of Costs.--
``(1) In general.--The total amount obligated or
expended for the procurement costs of post-2007 LCS
vessels shall not exceed $460,000,000 per vessel.
``(2) Procurement costs.--For purposes of this
section, procurement costs shall include all costs for
plans, basic construction, change orders, electronics,
ordnance, contractor support, and other costs
associated with completion of production drawings, ship
construction, test, and delivery, including work
performed post-delivery that is required to meet
original contract requirements.
``(3) Post-2007 lcs vessels.--For purposes of this
section, the term `post-2007 LCS vessel' means a vessel
in the Littoral Combat Ship (LCS) class of vessels, the
procurement of which is funded from amounts
appropriated pursuant to an authorization of
appropriations or otherwise made available for fiscal
year 2008 or any fiscal year thereafter.
``(b) Contract Type.--The Secretary of the Navy shall
employ a fixed-price type contract for construction of post-
2007 LCS vessels.
``(c) Limitation of Government Liability.--The Secretary of
the Navy shall not enter into a contract, or modify a contract,
for construction or final delivery of post-2007 LCS vessels if
the limitation of the Government's cost liability, when added
to the sum of other budgeted procurement costs, would exceed
$460,000,000 per vessel.
``(d) Adjustment of Limitation Amount.--The Secretary of
the Navy may adjust the amount set forth in subsections (a)(1)
and (c) for vessels referred to in such subsections by the
following:
``(1) The amounts of increases or decreases in
costs attributable to compliance with changes in
Federal, State, or local laws enacted after September
30, 2007.
``(2) The amounts of outfitting costs and costs
required to complete post-delivery test and trials.''.
Subtitle D--Air Force Programs
SEC. 131. LIMITATION ON JOINT CARGO AIRCRAFT.
No funds appropriated pursuant to an authorization of
appropriations or otherwise made available for procurement, or
for research, development, test, and evaluation, may be
obligated or expended for the Joint Cargo Aircraft until 30
days after the Secretary of Defense submits to the
congressional defense committees each of the following:
(1) The Air Force Air Mobility Command's Airlift
Mobility Roadmap.
(2) The Department of Defense Intra-Theater Airlift
Capabilities Study.
(3) The Department of Defense Joint Intra-Theater
Distribution Assessment.
(4) The Joint Cargo Aircraft Functional Area Series
Analysis.
(5) The Joint Cargo Aircraft Analysis of
Alternatives.
(6) The Joint Intra-theater Airlift Fleet Mix
Analysis.
(7) The Secretary's certification that--
(A) there is, within the Department of the
Army, Department of the Air Force, Army
National Guard, or Air National Guard, a
capability gap or shortfall with respect to
intra-theater airlift; and
(B) validated requirements exist to fill
that gap or shortfall through procurement of
the Joint Cargo Aircraft.
SEC. 132. CLARIFICATION OF LIMITATION ON RETIREMENT OF U-2 AIRCRAFT.
Section 133(b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2112) is amended--
(1) in paragraph (1)--
(A) by striking ``After fiscal year 2007''
and inserting ``For each fiscal year after
fiscal year 2007''; and
(B) by inserting after ``Secretary of
Defense'' the following: ``, in that fiscal
year,''; and
(2) in paragraph (2)--
(A) by inserting after ``Department of
Defense'' the following: ``in a fiscal year'';
and
(B) by inserting after ``Congress'' the
following: ``in that fiscal year''.
SEC. 133. REPEAL OF REQUIREMENT TO MAINTAIN RETIRED C-130E TACTICAL
AIRCRAFT.
(a) In General.--Effective as of the date specified in
subsection (b), section 137(b) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 120 Stat. 2114) is repealed.
(b) Specified Date.--The date specified in this subsection
is the date that is 30 days after the date on which the
Secretary of the Air Force submits to the congressional defense
committees the Fleet Mix Analysis Study.
SEC. 134. LIMITATION ON RETIREMENT OF C-130E/H TACTICAL AIRLIFT
AIRCRAFT.
(a) General Prohibition.--The Secretary of the Air Force
may not retire C-130E/H tactical airlift aircraft during fiscal
year 2008, except as provided in subsection (b).
(b) Contingent Authority to Retire Certain C-130E
Aircraft.--Effective as of the date specified in subsection
(d), subsection (a) shall not apply to C-130E tactical airlift
aircraft, and the number of such aircraft retired by the
Secretary of the Air Force during fiscal year 2008 may not
exceed 24.
(c) Treatment of Retired Aircraft.--The Secretary of the
Air Force shall maintain each C-130E tactical airlift aircraft
that is retired during fiscal year 2008 in a condition that
would allow recall of that aircraft to future service.
(d) Specified Date.--The date specified in this subsection
is the date that is 30 days after the date on which the
Secretary of the Air Force submits to the congressional defense
committees the Fleet Mix Analysis Study.
SEC. 135. LIMITATION ON RETIREMENT OF KC-135E AERIAL REFUELING
AIRCRAFT.
(a) Limitation on Retirement of More Than 48 Aircraft.--The
Secretary of the Air Force may not retire more than 48 KC-135E
aerial refueling aircraft of the Air Force during fiscal year
2008, except as provided in subsection (b).
(b) Contingent Authority to Retire 37 Additional
Aircraft.--Effective as of the date specified in subsection
(c), the number of such aircraft retired by the Secretary of
the Air Force during fiscal year 2008 may not exceed 85.
(c) Specified Date.--The date specified in this subsection
is the date that is 15 days after the date on which the
Secretary of the Air Force submits to the congressional defense
committees the Secretary's certification that--
(1) the system design and development contract for
the KC-X program has been awarded; and
(2) if a protest is submitted pursuant to
subchapter 5 of title 31, United States Code--
(A) the protest has been resolved in favor
of the Federal agency; or
(B) the Secretary has authorized
performance of the contract (notwithstanding
the protest).
SEC. 136. TRANSFER TO GOVERNMENT OF IRAQ OF THREE C-130E TACTICAL
AIRLIFT AIRCRAFT.
The Secretary of the Air Force may transfer not more than
three C-130E tactical airlift aircraft, allowed to be retired
under the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364), to the Government of
Iraq.
SEC. 137. MODIFICATION OF LIMITATIONS ON RETIREMENT OF B-52 BOMBER
AIRCRAFT.
(a) Maintenance of Primary, Backup, and Attrition Reserve
Inventory of Aircraft.--Subsection (a) of section 131 of the
John Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2111) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking
``and'' at the end;
(B) in subparagraph (B), by striking the
period at the end and inserting a semicolon;
and
(C) by adding at the end the following:
``(C) shall maintain in a common capability
configuration a primary aircraft inventory of
not less than 63 such aircraft, a backup
aircraft inventory of not less than 11 such
aircraft, and an attrition reserve aircraft
inventory of not less than 2 such aircraft; and
``(D) shall not keep any such aircraft
referred to in subparagraph (C) in a status
considered excess to the requirements of the
possessing command and awaiting disposition
instructions.''; and
(2) by adding at the end the following:
``(3) Definitions.--For purposes of paragraph (1):
``(A) The term `primary aircraft inventory'
means aircraft assigned to meet the primary
aircraft authorization to--
``(i) a unit for the performance of
its wartime mission;
``(ii) a training unit primarily
for technical and specialized training
for crew personnel or leading to
aircrew qualification;
``(iii) a test unit for testing of
the aircraft or its components for
purposes of research, development, test
and evaluation, operational test and
evaluation, or to support testing
programs; or
``(iv) meet requirements for
special missions not elsewhere
classified.
``(B) The term `backup aircraft inventory'
means aircraft above the primary aircraft
inventory to permit scheduled and unscheduled
depot level maintenance, modifications,
inspections, and repairs, and certain other
mitigating circumstances without reduction of
aircraft available for the assigned mission.
``(C) The term `attrition reserve aircraft
inventory' means aircraft required to replace
anticipated losses of primary aircraft
inventory due to peacetime accidents or wartime
attrition.
``(4) Treatment of retired aircraft.--Of the
aircraft retired in accordance with paragraph (1)(A),
the Secretary of the Air Force may use not more than 2
such aircraft for maintenance ground training.''.
(b) Notice of Retirement.--Subsection (b)(1) of such
section is amended by striking ``45 days'' and inserting ``60
days''.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Operational test and evaluation of Future Combat Systems
network.
Sec. 212. Limitation on use of funds for systems development and
demonstration of Joint Light Tactical Vehicle program.
Sec. 213. Requirement to obligate and expend funds for development and
procurement of a competitive propulsion system for the Joint
Strike Fighter.
Sec. 214. Limitation on use of funds for defense-wide manufacturing
science and technology program.
Sec. 215. Advanced Sensor Applications Program.
Sec. 216. Active protection systems.
Subtitle C--Ballistic Missile Defense
Sec. 221. Participation of Director, Operational Test and Evaluation, in
missile defense test and evaluation activities.
Sec. 222. Study on future roles and missions of the Missile Defense
Agency.
Sec. 223. Budget and acquisition requirements for Missile Defense Agency
activities.
Sec. 224. Limitation on use of funds for replacing warhead on SM-3 Block
IIA missile.
Sec. 225. Extension of Comptroller General assessments of ballistic
missile defense programs.
Sec. 226. Limitation on availability of funds for procurement,
construction, and deployment of missile defenses in Europe.
Sec. 227. Sense of Congress on missile defense cooperation with Israel.
Sec. 228. Limitation on availability of funds for deployment of missile
defense interceptors in Alaska.
Sec. 229. Policy of the United States on protection of the United States
and its allies against Iranian ballistic missiles.
Subtitle D--Other Matters
Sec. 231. Coordination of human systems integration activities related
to acquisition programs.
Sec. 232. Expansion of authority for provision of laboratory facilities,
services, and equipment.
Sec. 233. Modification of cost sharing requirement for Technology
Transition Initiative.
Sec. 234. Report on implementation of Manufacturing Technology Program.
Sec. 235. Assessment of sufficiency of test and evaluation personnel.
Sec. 236. Repeal of requirement for separate reports on technology area
review and assessment summaries.
Sec. 237. Modification of notice and wait requirement for obligation of
funds for foreign comparative test program.
Sec. 238. Strategic Plan for the Manufacturing Technology Program.
Sec. 239. Modification of authorities on coordination of Defense
Experimental Program to Stimulate Competitive Research with
similar Federal programs.
Sec. 240. Enhancement of defense nanotechnology research and development
program.
Sec. 241. Federally funded research and development center assessment of
the Defense Experimental Program to Stimulate Competitive
Research.
Sec. 242. Cost-benefit analysis of proposed funding reduction for High
Energy Laser Systems Test Facility.
Sec. 243. Prompt global strike.
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:
(1) For the Army, $10,840,392,000.
(2) For the Navy, $16,980,732,000.
(3) For the Air Force, $25,692,521,000.
(4) For Defense-wide activities, $20,213,900,000,
of which $180,264,000 is authorized for the Director of
Operational Test and Evaluation.
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.
(a) Fiscal Year 2008.--Of the amounts authorized to be
appropriated by section 201, $10,913,944,000 shall be available
for the Defense Science and Technology Program, including basic
research, applied research, and advanced technology development
projects.
(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.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. OPERATIONAL TEST AND EVALUATION OF FUTURE COMBAT SYSTEMS
NETWORK.
(a) Operational Test and Evaluation Required.--The
Secretary of the Army, in cooperation with the Director,
Operational Test and Evaluation, shall complete an operational
test and evaluation (as defined in section 139(a)(2)(A) of
title 10, United States Code), of the FCS network in a
realistic environment simulating operational conditions. The
operational test and evaluation shall--
(1) be conducted in accordance with a Future Combat
Systems Test and Evaluation Master Plan approved by the
Director, Operational Test and Evaluation;
(2) be conducted using prototype equipment,
sensors, and software for the FCS network;
(3) be conducted in a manner that simulates a full
Future Combat Systems brigade;
(4) be conducted, to the maximum extent possible,
using actual communications equipment instead of
computer simulations;
(5) be conducted in a realistic operational
electronic warfare environment, including enemy
electronic warfare and network attacks; and
(6) include, to the maximum extent possible, all
sensor information feeds the FCS network is designed to
incorporate.
(b) FCS Network Defined.--In this section, the term ``FCS
network'' includes all sensors, information systems, computers,
and communications systems necessary to support Future Combat
Systems brigade operations.
(c) Report.--Not later than 120 days after completing the
operational test and evaluation required by subsection (a), the
Director, Operational Test and Evaluation shall submit to the
congressional defense committees a report on the outcome of the
operational test and evaluation. The report shall include, at a
minimum--
(1) an evaluation of the overall operational
effectiveness of the FCS network, including--
(A) an evaluation of the FCS network's
capability to transmit the volume and classes
of data required by Future Combat Systems
approved requirements; and
(B) an evaluation of the FCS network's
performance in a degraded condition due to
enemy network attack, sophisticated enemy
electronic warfare, adverse weather conditions,
and terrain variability;
(2) an evaluation of the FCS network's ability to
improve friendly force knowledge of the location and
capability of enemy forces and combat systems; and
(3) an evaluation of the overall operational
suitability of the FCS network.
(d) Limitation Pending Submission of Report.--
(1) In general.--No funds, with the exception of
funds for advanced procurement, appropriated pursuant
to an authorization of appropriations or otherwise made
available to the Department of the Army for any fiscal
year may be obligated for low-rate initial production
or full-rate production of Future Combat Systems manned
ground vehicles until 60 days after the date on which
the report is submitted under subsection (c).
(2) Waiver authority.--The Secretary of Defense may
waive the limitation in paragraph (1) if the Secretary
determines that such a waiver is critical for national
security. Such a waiver shall not become effective
until 45 days after the date on which the Secretary
submits to the congressional defense committees a
written notice of the waiver.
(3) Inapplicability to the non line of sight cannon
vehicle.--The limitation in paragraph (1) does not
apply to the Non Line of Sight Cannon vehicle.
SEC. 212. LIMITATION ON USE OF FUNDS FOR SYSTEMS DEVELOPMENT AND
DEMONSTRATION OF JOINT LIGHT TACTICAL VEHICLE
PROGRAM.
Of the amounts appropriated pursuant to an authorization of
appropriations or otherwise made available for the Joint Light
Tactical Vehicle program for the acquisition program phase of
systems development and demonstration for fiscal year 2008 or
any fiscal year thereafter, no more than 50 percent of those
amounts may be obligated or expended until after--
(1) the Under Secretary of Defense for Acquisition,
Technology, and Logistics, or the appropriate milestone
decision authority, makes the certification required by
section 2366a of title 10, United States Code, with
respect to the Joint Light Tactical Vehicle program;
and
(2) the certification has been received by the
congressional defense committees.
SEC. 213. REQUIREMENT TO OBLIGATE AND EXPEND FUNDS FOR DEVELOPMENT AND
PROCUREMENT OF A COMPETITIVE PROPULSION SYSTEM FOR
THE JOINT STRIKE FIGHTER.
Of the funds appropriated pursuant to an authorization of
appropriations or otherwise made available for fiscal year 2008
or any year thereafter, for research, development, test, and
evaluation and procurement for the Joint Strike Fighter
program, the Secretary of Defense shall ensure the obligation
and expenditure in each such fiscal year of sufficient annual
amounts for the continued development and procurement of two
options for the propulsion system for the Joint Strike Fighter
in order to ensure the development and competitive production
for the propulsion system for the Joint Strike Fighter.
SEC. 214. LIMITATION ON USE OF FUNDS FOR
DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY
PROGRAM.
No funds available to the Office of the Secretary of
Defense for any fiscal year may be obligated or expended for
the defense-wide manufacturing science and technology program
unless the Director, Defense Research and Engineering, ensures
each of the following:
(1) A component of the Department of Defense has
requested and evaluated--
(A) competitive proposals, for each project
under the program that is not a project covered
by subparagraph (B); and
(B) proposals from as many sources as is
practicable under the circumstances, for a
project under the program if the disclosure of
the needs of the Department of Defense with
respect to that project would compromise the
national security.
(2) Each project under the program is carried out--
(A) in accordance with the statutory
requirements of the Manufacturing Technology
Program established by section 2521 of title
10, United States Code; and
(B) in compliance with all requirements of
any directive that applies to manufacturing
technology.
(3) An implementation plan has been developed.
SEC. 215. ADVANCED SENSOR APPLICATIONS PROGRAM.
(a) Transfer of Funds.--(1) Of the amount authorized to be
appropriated by section 201(3) for research, development, test,
and evaluation, Air Force activities, and made available for
the activities of the Intelligence Systems Support Office, an
aggregate of $13,000,000 shall be transferred to the Advanced
Sensor Applications Program not later than 60 days after the
date of the enactment of this Act.
(2) Of the amount authorized to be appropriated by section
301(2) for operation and maintenance, Navy activities, and made
available for the activities of the Office of Naval
Intelligence, an aggregate of $5,000,000 shall be transferred
to the Advanced Sensor Applications Program not later than 60
days after the date of the enactment of this Act.
(b) Assignment of Program.--Management of the program shall
reside within the office of the Under Secretary of Defense for
Intelligence until certain conditions specified in the
classified annex to the statement of managers accompanying this
Act are met. The program shall be executed by the Commander,
Naval Air Systems Command in consultation with the Program
Executive Officer for Aviation for the Navy.
SEC. 216. ACTIVE PROTECTION SYSTEMS.
(a) Live-Fire Tests Required.--
(1) In general.--The Secretary of Defense shall
undertake live-fire tests, of appropriate foreign and
domestic active protection systems with size, weight,
and power characteristics suitable for protecting
wheeled tactical vehicles, especially light wheeled
tactical vehicles, in order--
(A) to determine the effectiveness of such
systems for protecting wheeled tactical
vehicles; and
(B) to develop information useful in the
consideration of the adoption of such systems
in defense acquisition programs.
(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.
(3) Funding.--The live-fire tests required by
paragraph (1) shall be conducted using funds authorized
and appropriated for the Joint Improvised Explosive
Device Defeat Fund.
(b) Comprehensive Assessment Required.--
(1) In general.--The Secretary shall undertake a
comprehensive assessment of active protection systems
in order to develop information useful in the
development of joint active protection systems and
other defense programs.
(2) Elements.--The assessment under paragraph (1)
shall include--
(A) an identification of the potential
merits and operational costs of the use of
active protection systems by United States
military forces;
(B) a characterization of the threats that
use of active protection systems by potential
adversaries would pose to United States
military forces and weapons;
(C) an identification and assessment of
countermeasures to active protection systems;
(D) an analysis of collateral damage
potential of active protection systems;
(E) an identification and assessment of
emerging direct-fire and top-attack threats to
defense systems that could potentially deploy
active protection systems; and
(F) an identification and assessment of
critical technology elements of active
protection systems.
(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).
Subtitle C--Ballistic Missile Defense
SEC. 221. PARTICIPATION OF DIRECTOR, OPERATIONAL TEST AND EVALUATION,
IN MISSILE DEFENSE TEST AND EVALUATION ACTIVITIES.
Section 139 of title 10, United States Code, is amended--
(1) by redesignating subsections (f) through (j) as
subsections (g) through (k), respectively; and
(2) by inserting after subsection (e) the following
new subsection (f):
``(f)(1) The Director of the Missile Defense Agency shall
make available to the Director of Operational Test and
Evaluation the results of all tests and evaluations conducted
by the Missile Defense Agency and of all studies conducted by
the Missile Defense Agency in connection with tests and
evaluations in the Missile Defense Agency.
``(2) The Director of Operational Test and Evaluation may
require that such observers as the Director designates be
present during the preparation for and the conduct of any test
and evaluation conducted by the Missile Defense Agency.
``(3) The Director of Operational Test and Evaluation shall
have access to all records and data in the Department of
Defense (including the records and data of the Missile Defense
Agency) that the Director considers necessary to review in
order to carry out his duties under this subsection.''.
SEC. 222. STUDY ON FUTURE ROLES AND MISSIONS OF THE MISSILE DEFENSE
AGENCY.
(a) In General.--The Secretary of Defense shall enter into
an agreement with one of the Federally Funded Research and
Development Centers under which the Center shall carry out an
independent study to examine, and make recommendations with
respect to, the long-term structure, roles, and missions of the
Missile Defense Agency.
(b) Matters Included.--
(1) Review.--The study shall include a full review
of the structure, roles, and missions of the Missile
Defense Agency.
(2) Assessments.--The study shall include an
examination and assessment of the current and future--
(A) structure, roles, and missions of the
Missile Defense Agency;
(B) relationship of the Missile Defense
Agency with--
(i) the Office of the Under
Secretary of Defense for Acquisition,
Technology, and Logistics;
(ii) the Office of the Under
Secretary of Defense for Policy;
(iii) the Director of Operational
Test and Evaluation;
(iv) the Commander of the United
States Strategic Command and other
combatant commanders;
(v) the Joint Requirements
Oversight Council; and
(vi) the military departments;
(C) operations and sustainment of missile
defenses;
(D) acquisition process for missile
defense;
(E) requirements process for missile
defense; and
(F) transition and transfer of missile
defense capabilities to the military
departments.
(3) Recommendations.--The study shall include
recommendations as to how the Missile Defense Agency
can be made more effective to support the needs of the
warfighter, especially with regard to near-term missile
defense capabilities. The study shall also examine the
full range of options for the future of the Missile
Defense Agency and shall include, but not be limited
to, specific recommendations as to whether--
(A) the Missile Defense Agency should be
maintained in its current configuration;
(B) the scope and nature of the Missile
Defense Agency should be changed from an
organization focused on research and
development to an organization focused on
combat support;
(C) any functions and responsibilities
should be added to the Missile Defense Agency,
in part or in whole, from other entities such
as the United States Strategic Command and the
military departments; and
(D) any functions and responsibilities of
the Missile Defense Agency should be
transferred, in part or in whole, to other
entities such as the United States Strategic
Command and the military departments.
(c) Cooperation From Government.--In carrying out the
study, the Federally Funded Research and Development Center
shall receive the full and timely cooperation of the Secretary
of Defense and any other United States Government official in
providing the Center with analyses, briefings, and other
information necessary for the fulfillment of its
responsibilities.
(d) Report.--Not later than September 1, 2008, the
Federally Funded Research and Development Center shall submit
to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a
report on its findings, conclusions, and recommendations.
(e) Funding.--Funds for the study shall be provided from
amounts appropriated for the Department of Defense.
SEC. 223. BUDGET AND ACQUISITION REQUIREMENTS FOR MISSILE DEFENSE
AGENCY ACTIVITIES.
(a) Revised Budget Structure.--The budget justification
materials submitted to Congress in support of the Department of
Defense budget for any fiscal year after fiscal year 2009 (as
submitted with the budget of the President under section
1105(a) of title 31, United States Code) shall set forth
separately amounts requested for the Missile Defense Agency for
each of the following:
(1) Research, development, test, and evaluation.
(2) Procurement.
(3) Operation and maintenance.
(4) Military construction.
(b) Revised Budget Structure for Fiscal Year 2009.--The
budget justification materials submitted to Congress in support
of the Department of Defense budget for fiscal year 2009 (as
submitted with the budget of the President under section
1105(a) of title 31, United States Code) shall--
(1) identify all known and estimated operation and
support costs; and
(2) set forth separately amounts requested for the
Missile Defense Agency for each of the following:
(A) Research, development, test, and
evaluation.
(B) Procurement or advance procurement of
long lead items, including for Terminal High
Altitude Area Defense firing units 3 and 4, and
for Standard Missile-3 Block 1A interceptors.
(C) Military construction.
(c) Availability of RDT&E Funds for Fiscal Year 2009.--Upon
approval by the Secretary of Defense, and consistent with the
plan submitted under subsection (f), funds appropriated
pursuant to an authorization of appropriations or otherwise
made available for fiscal year 2009 for research, development,
test, and evaluation for the Missile Defense Agency--
(1) may be used for the fielding of ballistic
missile defense capabilities approved previously by
Congress; and
(2) may not be used for--
(A) military construction activities; or
(B) procurement or advance procurement of
long lead items, including for Terminal High
Altitude Area Defense firing units 3 and 4, and
for Standard Missile-3 Block 1A interceptors.
(d) Full Funding Requirement Not Applicable to Use of
Procurement Funds for Fiscal Years 2009 and 2010.--In any case
in which funds appropriated pursuant to an authorization of
appropriations or otherwise made available for procurement for
the Missile Defense Agency for fiscal years 2009 and 2010 are
used for the fielding of ballistic missile defense
capabilities, the funds may be used for the fielding of those
capabilities on an ``incremental'' basis, notwithstanding any
law or policy of the Department of Defense that would otherwise
require a ``full funding'' basis.
(e) Relationship to Other Law.--Nothing in this provision
shall be construed to alter or otherwise affect in any way the
applicability of the requirements and other provisions of
section 234(a) through (d) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375; 118 Stat. 1837; 10 U.S.C. 2431 note).
(f) Plan Required.--Not later than March 1, 2008, the
Director of the Missile Defense Agency shall submit to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a plan for
transitioning the Missile Defense Agency from using exclusively
research, development, test, and evaluation funds to using
procurement, military construction, operations and maintenance,
and research, development, test, and evaluation funds for the
appropriate budget activities, and for transitioning from
incremental funding to full funding for fiscal years after
fiscal year 2010.
(g) Objectives for Acquisition Activities.--
(1) In general.--Commencing as soon as practicable,
but not later than the submittal to Congress of the
budget for the President for fiscal year 2009 under
section 1105(a) of title 31, United States Code, the
Missile Defense Agency shall take appropriate actions
to achieve the following objectives in its acquisition
activities:
(A) Improved transparency.
(B) Improved accountability.
(C) Enhanced oversight.
(2) Required actions.--In order to achieve the
objectives specified in paragraph (1), the Missile
Defense Agency shall, at a minimum, take actions as
follows:
(A) Establish acquisition cost, schedule,
and performance baselines for each ballistic
missile defense system element that--
(i) has entered the equivalent of
the systems development and
demonstration phase of acquisition; or
(ii) is being produced and acquired
for operational fielding.
(B) Provide unit cost reporting data for
each ballistic missile defense system element
covered by subparagraph (A), and secure
independent estimation and verification of such
cost reporting data.
(C) Include, in the budget justification
materials described in subsection (a), a
description of actions being taken in the
fiscal year in which such materials are
submitted, and the actions to be taken in the
fiscal year covered by such materials, to
achieve such objectives.
(3) Specification of ballistic missile defense
system elements.--The ballistic missile defense system
elements that, as of October 2007, are ballistic
missile defense system elements covered by paragraph
(2)(A) are the following elements:
(A) Ground-based Midcourse Defense.
(B) Aegis Ballistic Missile Defense.
(C) Terminal High Altitude Area Defense.
(D) Forward-Based X-band radar-
Transportable (AN/TPY-2).
(E) Command, Control, Battle Management,
and Communications.
(F) Sea-Based X-band radar.
(G) Upgraded Early Warning radars.
SEC. 224. LIMITATION ON USE OF FUNDS FOR REPLACING WARHEAD ON SM-3
BLOCK IIA MISSILE.
None of the funds appropriated or otherwise made available
pursuant to an authorization of appropriations in this Act may
be obligated or expended to replace the unitary warhead on the
SM-3 Block IIA missile with the Multiple Kill Vehicle until
after the Secretary of Defense certifies to Congress that--
(1) the United States and Japan have reached an
agreement to replace the unitary warhead on the SM-3
Block IIA missile; and
(2) replacing the unitary warhead on the SM-3 Block
IIA missile with the Multiple Kill Vehicle will not
delay the expected deployment date of 2014-2015 for
that missile.
SEC. 225. EXTENSION OF COMPTROLLER GENERAL ASSESSMENTS OF BALLISTIC
MISSILE DEFENSE PROGRAMS.
Section 232(g) of the National Defense Authorization Act
for Fiscal Year 2002 (10 U.S.C. 2431 note) is amended--
(1) in paragraph (1), by striking ``through 2008''
and inserting ``through 2013''; and
(2) in paragraph (2), by striking ``through 2009''
and inserting ``through 2014''.
SEC. 226. LIMITATION ON AVAILABILITY OF FUNDS FOR 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:
(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.
(2) 45 days have elapsed following the receipt by
Congress of the report required under subsection
(c)(6).
(b) Additional Limitation.--In addition to the limitation
in subsection (a), no funds authorized to be appropriated by
this Act may be obligated or expended for the acquisition or
deployment of operational missiles of a long-range missile
defense system in Europe until the Secretary of Defense, after
receiving the views of the Director of Operational Test and
Evaluation, submits to Congress a report certifying that the
proposed interceptor to be deployed as part of such missile
defense system has demonstrated, through successful,
operationally realistic flight testing, a high probability of
working in an operationally effective manner.
(c) Report on Independent Assessment for Ballistic Missile
Defense in Europe.--
(1) Independent assessment.--Not later than 30 days
after the date of the enactment of this Act, the
Secretary of Defense shall select a federally funded
research and development center to conduct an
independent assessment of options for ballistic missile
defense for forward deployed forces of the United
States and its allies in Europe and for the United
States homeland.
(2) Analysis of administration proposal.--The study
shall provide a full analysis of the Administration's
proposal to protect forward-deployed forces of the
United States and its allies in Europe, forward-
deployed radars in Europe, and the United States by
deploying, in Europe, interceptors and radars of the
Ground-Based Midcourse Defense (GMD) system. In
providing the analysis, the study shall examine each of
the following matters:
(A) The threat to Europe and the United
States of ballistic missiles (including short-
range, medium-range, intermediate-range, and
long-range ballistic missiles) from Iran,
including the likelihood and timing of such
threats.
(B) The technical capabilities of the
system, as so deployed, to effectively protect
forward-deployed forces of the United States
and its allies in Europe, forward-deployed
radars in Europe, and the United States against
the threat specified in subparagraph (A).
(C) The degree of coverage of the European
territory of members of the North Atlantic
Treaty Organization.
(D) The political implications of such a
deployment on the United States, the North
Atlantic Treaty Organization, and other
interested parties.
(E) Integration and interoperability with
North Atlantic Treaty Organization missile
defenses.
(F) The operational issues associated with
such a deployment, including operational
effectiveness.
(G) The force structure implications of
such a deployment, including a comparative
analysis of alternative deployment options.
(H) The budgetary implications of such a
deployment, including possible allied cost
sharing, and the cost-effectiveness of such a
deployment.
(I) Command and control arrangements,
including any command and control roles for the
United States European Command and the North
Atlantic Treaty Organization.
(J) Potential opportunities for
participation by the Government of Russia.
(3) Analysis of alternatives.--The study shall also
provide a full analysis of alternative systems that
could be deployed to fulfill, in whole or in part, the
protective purposes of the Administration's proposal.
The alternative systems shall include a range of
feasible combinations of other missile defense systems
that are available or are expected to be available as
of 2015 and 2020. These should include, but not be
limited to, the following:
(A) The Patriot PAC-3 system.
(B) The Medium Extended Air Defense System.
(C) The Aegis Ballistic Missile Defense
system, with all variants of the Standard
Missile-3 interceptor.
(D) The Terminal High Altitude Area Defense
(THAAD) system.
(E) Forward-Based X-band Transportable
(FBX-T) radars.
(F) The Kinetic Energy Interceptor (KEI).
(G) Other non-United States, North Atlantic
Treaty Organization missile defense systems or
components.
(4) Matters examined.--In providing the analysis,
the study shall examine, for each alternative system
included, each of the matters specified in paragraph
(2).
(5) Cooperation of other agencies.--The Secretary
of Defense shall provide the federally funded research
and development center selected under paragraph (1)
data, analyses, briefings, and other information as the
center considers necessary to carry out the assessment
described in that paragraph. Furthermore, the Director
of National Intelligence and the heads of other
departments and agencies of the United States
Government shall also provide the center the
appropriate data, analyses, briefings, and other
information necessary for the purpose of carrying out
the assessment described in that paragraph.
(6) Report.--Not later than 180 days after the date
of the enactment of this Act, the federally funded
research and development center shall submit to the
congressional defense committees and the Secretary of
Defense a report on the results of the study. The
report shall be in unclassified form, but may include a
classified annex.
(7) Funding.--Of the amounts appropriated or
otherwise made available pursuant to the authorization
of appropriations in section 201(4), $1,000,000 is
available to carry out the study required by this
subsection.
(d) Construction.--Nothing in this section shall be
construed to limit continuing obligation and expenditure of
funds for missile defense, including for research and
development and for other activities not otherwise limited by
subsection (a) or (b), including, but not limited to, site
surveys, studies, analysis, and planning and design for the
proposed missile defense deployment in Europe.
SEC. 227. SENSE OF CONGRESS ON MISSILE DEFENSE COOPERATION WITH ISRAEL.
(a) Sense of Congress.--It is the sense of Congress that
the United States should have an active program of ballistic
missile defense cooperation with Israel, and should take steps
to improve the coordination, interoperability, and integration
of United States and Israeli missile defense capabilities, and
to enhance the capability of both nations to defend against
ballistic missile threats present in the Middle East region.
(b) Report.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees a report on the status of missile defense
cooperation between the United States and Israel.
(2) Content.--The report submitted under this
subsection shall include each of the following:
(A) A description of the current program of
ballistic missile defense cooperation between
the United States and Israel, including its
objectives and results to date.
(B) A description of steps taken within the
previous five years to improve the
interoperability and coordination of the
missile defense capabilities of the United
States and Israel.
(C) A description of steps planned to be
taken by the governments of the United States
and Israel in the future to improve the
coordination, interoperability, and integration
of their missile defense capabilities.
(D) A description of joint efforts of the
United States and Israel to develop ballistic
missile defense technologies.
(E) A description of joint missile defense
exercises and training that have been conducted
by the United States and Israel, and the
lessons learned from those exercises.
(F) A description of the joint missile
defense testing activities of the United States
and Israel, past and planned, and the benefits
of such joint testing activities.
(G) A description of how the United States
and Israel share threat assessments regarding
the ballistic missile threat.
(H) Any other matters that the Secretary
considers appropriate.
SEC. 228. LIMITATION ON AVAILABILITY OF FUNDS FOR DEPLOYMENT OF MISSILE
DEFENSE INTERCEPTORS IN ALASKA.
None of the funds authorized to be appropriated by this Act
may be obligated or expended to deploy more than 40 Ground-
Based Interceptors at Fort Greely, Alaska, until the Secretary
of Defense, after receiving the views of the Director of
Operational Test and Evaluation, submits to Congress a
certification that the Block 2006 Ground-based Midcourse
Defense element of the 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.
SEC. 229. POLICY OF THE UNITED STATES ON PROTECTION OF THE UNITED
STATES AND ITS ALLIES AGAINST IRANIAN BALLISTIC
MISSILES.
(a) Finding.--Congress finds that Iran maintains a nuclear
program in continued defiance of the international community
while developing ballistic missiles of increasing
sophistication and range that--
(1) pose a threat to--
(A) the forward-deployed forces of the
United States;
(B) North Atlantic Treaty Organization
(NATO) allies in Europe; and
(C) other allies and friendly foreign
countries in the region; and
(2) eventually could pose a threat to the United
States homeland.
(b) Policy of the United States.--It is the policy of the
United States--
(1) to develop, test, and deploy, as soon as
technologically feasible, in conjunction with allies
and friendly foreign countries whenever possible, an
effective defense against the threat from Iran
described in subsection (a) that will provide
protection--
(A) for the forward-deployed forces of the
United States, NATO allies, and other allies
and friendly foreign countries in the region;
and
(B) for the United States homeland;
(2) to encourage the NATO alliance to accelerate
its efforts to--
(A) protect NATO territory in Europe
against the existing threat of Iranian short-
and medium-range ballistic missiles; and
(B) facilitate the ability of NATO allies
to acquire the missile defense systems needed
to provide a wide-area defense capability
against short- and medium-range ballistic
missiles; and
(3) to proceed with the activities specified in
paragraphs (1) and (2) in a manner such that any
missile defense systems fielded by the United States in
Europe are integrated with or complementary to missile
defense systems fielded by NATO in Europe.
Subtitle D--Other Matters
SEC. 231. COORDINATION OF HUMAN SYSTEMS INTEGRATION ACTIVITIES RELATED
TO ACQUISITION PROGRAMS.
(a) In General.--The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition, Technology, and
Logistics, shall coordinate and manage human systems
integration activities throughout the acquisition programs of
the Department of Defense.
(b) Administration.--In carrying out subsection (a), the
Secretary shall designate a senior official to be responsible
for the effort.
(c) Responsibilities.--In carrying out this section, the
senior official designated in subsection (b) shall--
(1) coordinate the planning, management, and
execution of such activities; and
(2) identify and recommend, as appropriate,
resource requirements for human systems integration
activities.
(d) Designation.--The designation required by subsection
(b) shall be made not later than 60 days after the date of the
enactment of this Act.
SEC. 232. EXPANSION OF AUTHORITY FOR PROVISION OF LABORATORY
FACILITIES, SERVICES, AND EQUIPMENT.
Section 2539b of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2) by striking ``and'' at
the end;
(B) in paragraph (3) by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) make available to any person or entity,
through leases, contracts, or other appropriate
arrangements, facilities, services, and equipment of
any government laboratory, research center, or range,
if the facilities, services, and equipment provided
will not be in direct competition with the domestic
private sector.'';
(2) in subsection (c)--
(A) by striking ``for services''; and
(B) by striking ``subsection (a)(3)'' and
inserting ``subsections (a)(3) and (a)(4)'';
and
(3) in subsection (d)--
(A) by striking ``for services made
available''; and
(B) by striking ``subsection (a)(3)'' and
inserting ``subsections (a)(3) and (a)(4)''.
SEC. 233. MODIFICATION OF COST SHARING REQUIREMENT FOR TECHNOLOGY
TRANSITION INITIATIVE.
Paragraph (2) of section 2359a(f) of title 10, United
States Code, is amended to read as follows:
``(2) The amount of funds provided to a project under
paragraph (1) by the military department or Defense Agency
concerned shall be the appropriate share of the military
department or Defense Agency, as the case may be, of the cost
of the project, as determined by the Manager.''.
SEC. 234. REPORT ON IMPLEMENTATION OF MANUFACTURING TECHNOLOGY PROGRAM.
(a) Report Required.--Not later than September 1, 2008, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report on the implementation of
the technologies and processes developed under the
Manufacturing Technology Program required by section 2521 of
title 10, United States Code.
(b) Elements.--The report shall identify each technology or
process implemented and, for each such technology or process,
shall identify--
(1) the project of the Manufacturing Technology
Program through which the technology or process was
developed, the Federal and non-Federal participants in
that project, and the duration of the project;
(2) the organization or program implementing the
technology or process, and a description of the
implementation;
(3) the funding required to implement the
technology or process, including--
(A) funds provided by military departments
and Defense Agencies under the Manufacturing
Technology Program;
(B) funds provided by the Department of
Defense, or any element of the Department, to
co-develop the technology or process;
(C) to the maximum extent practicable,
funds provided by the Department of Defense, or
any element of the Department, to--
(i) mature the technology or
process prior to transition to the
Manufacturing Technology Program; and
(ii) provide for the implementation
of the technology or process;
(4) the total value of industry cost share, if
applicable;
(5) if applicable, the total value of cost
avoidance or cost savings directly attributable to the
implementation of the technology or process; and
(6) a description of any system performance
enhancements, technology performance enhancements, or
improvements in a manufacturing readiness level of a
system or a technology.
(c) Definition.--For purposes of this section, the term
``implementation'' refers to--
(1) the use of a technology or process in the
manufacture of defense materiel;
(2) the inclusion of a technology or process in the
systems engineering plan for a program of record; or
(3) the use of a technology or process for the
manufacture of commercial items.
(d) Scope.--The report shall include technologies or
processes developed with funds appropriated or otherwise made
available for the Manufacturing Technology programs of the
military departments and Defense Agencies for fiscal years 2003
through 2005.
SEC. 235. ASSESSMENT OF SUFFICIENCY OF TEST AND EVALUATION PERSONNEL.
(a) Assessment Required.--The Director of Operational Test
and Evaluation shall assess whether the Director's professional
staff meets the requirement of section 139(j) of title 10,
United States Code, that the staff be sufficient to carry out
the Director's duties and responsibilities.
(b) Inclusion in Report.--The Director shall include the
results of the assessment in the report, required by section
139(g) of title 10, United States Code, summarizing the
operational test and evaluation activities during fiscal year
2007.
SEC. 236. REPEAL OF REQUIREMENT FOR SEPARATE REPORTS ON TECHNOLOGY AREA
REVIEW AND ASSESSMENT SUMMARIES.
Subsection (c) of section 253 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3179; 10 U.S.C. 2501 note) is repealed.
SEC. 237. MODIFICATION OF NOTICE AND WAIT REQUIREMENT FOR OBLIGATION OF
FUNDS FOR FOREIGN COMPARATIVE TEST PROGRAM.
Paragraph (3) of section 2350a(g) of title 10, United
States Code, is amended to read as follows:
``(3) The Director of Defense Research and Engineering
shall notify the congressional defense committees of the intent
to obligate funds made available to carry out this subsection
not less than 7 days before such funds are obligated.''.
SEC. 238. STRATEGIC PLAN FOR THE MANUFACTURING TECHNOLOGY PROGRAM.
(a) In General.--Section 2521 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(e) Five-Year Strategic Plan.--(1) The Secretary shall
develop a plan for the program that includes the following:
``(A) The overall manufacturing technology goals,
milestones, priorities, and investment strategy for the
program.
``(B) The objectives of, and funding for, the
program for each military department and each Defense
Agency that shall participate in the program during the
period of the plan.
``(2) The Secretary shall include in the plan mechanisms
for assessing the effectiveness of the program under the plan.
``(3) The Secretary shall update the plan on a biennial
basis.
``(4) Each plan, and each update to the plan, shall cover a
period of five fiscal years.''.
(b) Initial Development and Submission of Plan.--
(1) Development.--The Secretary of Defense shall
develop the strategic plan required by subsection (e)
of section 2521 of title 10, United States Code (as
added by subsection (a) of this section), so that the
plan goes into effect at the beginning of fiscal year
2009.
(2) Submission.--Not later than the date on which
the budget of the President for fiscal year 2010 is
submitted to Congress under section 1105 of title 31,
United States Code, the Secretary shall submit to the
Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of
Representatives the plan specified in paragraph (1).
SEC. 239. MODIFICATION OF AUTHORITIES ON COORDINATION OF DEFENSE
EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE
RESEARCH WITH SIMILAR FEDERAL PROGRAMS.
Section 257(e)(2) of the National Defense Authorization Act
for Fiscal Year 1995 (10 U.S.C. 2358 note) is amended by
striking ``shall'' each place it appears and inserting ``may''.
SEC. 240. ENHANCEMENT OF DEFENSE NANOTECHNOLOGY RESEARCH AND
DEVELOPMENT PROGRAM.
(a) Program Purposes.--Subsection (b) of section 246 of the
Bob Stump National Defense Authorization Act for Fiscal Year
2003 (Public Law 107-314; 116 Stat. 2500; 10 U.S.C. 2358 note)
is amended--
(1) in paragraph (2), by striking ``in nanoscale
research and development'' and inserting ``in the
National Nanotechnology Initiative and with the
National Nanotechnology Coordination Office under
section 3 of the 21st Century Nanotechnology Research
and Development Act (15 U.S.C. 7502)''; and
(2) in paragraph (3), by striking ``portfolio of
fundamental and applied nanoscience and engineering
research initiatives'' and inserting ``portfolio of
nanotechnology research and development initiatives''.
(b) Program Administration.--
(1) Administration through under secretary of
defense for acquisition, technology, and logistics.--
Subsection (c) of such section is amended--
(A) by striking ``the Director of Defense
Research and Engineering'' and inserting ``the
Under Secretary of Defense for Acquisition,
Technology, and Logistics''; and
(B) by striking ``The Director'' and
inserting ``The Under Secretary''.
(2) Other administrative matters.--Such subsection
is further amended--
(A) in paragraph (2), by striking ``the
Department's increased investment in
nanotechnology research and development and the
National Nanotechnology Initiative; and'' and
inserting ``investments by the Department and
other departments and agencies participating in
the National Nanotechnology Initiative in
nanotechnology research and development;'';
(B) in paragraph (3), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(4) oversee Department of Defense participation
in interagency coordination of the program with other
departments and agencies participating in the National
Nanotechnology Initiative.''.
(c) Program Activities.--Such section is further amended--
(1) by striking subsection (d); and
(2) by adding at the end the following new
subsection (d):
``(d) Strategic Plan.--The Under Secretary shall develop
and maintain a strategic plan for defense nanotechnology
research and development that--
``(1) is integrated with the strategic plan for the
National Nanotechnology Initiative and the strategic
plans of the Director of Defense Research and
Engineering, the military departments, and the Defense
Agencies; and
``(2) includes a clear strategy for transitioning
the research into products needed by the Department.''.
(d) Reports.--Such section is further amended by adding at
the end the following new subsection:
``(e) Reports.--
``(1) In general.--Not later than March 1 of each
of 2009, 2011, and 2013, the Under Secretary of Defense
for Acquisition, Technology, and Logistics shall submit
to the congressional defense committees a report on the
program.
``(2) Matters included.--Each report under
paragraph (1) shall include the following:
``(A) A review of--
``(i) the long-term challenges and
specific technical goals of the
program; and
``(ii) the progress made toward
meeting such challenges and achieving
such goals.
``(B) An assessment of current and proposed
funding levels for the program, including an
assessment of the adequacy of such funding
levels to support program activities.
``(C) A review of the coordination of
activities under the program within the
Department of Defense, with other departments
and agencies of the United States, and with the
National Nanotechnology Initiative.
``(D) A review and analysis of the findings
and 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 (15
U.S.C. 1704), and a description of initiatives
of the Department to implement such
recommendations.
``(E) An assessment of technology
transition from nanotechnology research and
development to enhanced warfighting
capabilities, including contributions from the
Department of Defense Small Business Innovative
Research and Small Business Technology Transfer
Research programs, and the Department of
Defense Manufacturing Technology program, and
an identification of acquisition programs and
deployed defense systems that are incorporating
nanotechnologies.
``(F) An assessment of global
nanotechnology research and development in
areas of interest to the Department, including
an identification of the use of
nanotechnologies in any foreign defense
systems.
``(G) An assessment of the defense
nanotechnology manufacturing and industrial
base and its capability to meet the near and
far term requirements of the Department.
``(H) Such recommendations for additional
activities under the program to meet emerging
national security requirements as the Under
Secretary considers appropriate.
``(3) Classification.--Each report under paragraph
(1) shall be submitted in unclassified form, but may
include a classified annex.''.
SEC. 241. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTER ASSESSMENT
OF THE DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE
COMPETITIVE RESEARCH.
(a) Assessment Required.--The Secretary of Defense shall--
(1) utilize a defense federally funded research and
development center to carry out an assessment of the
effectiveness of the Defense Experimental Program to
Stimulate Competitive Research; and
(2) not later than nine months after the date of
the enactment of this Act, submit to the Committees on
Armed Services of the Senate and the House of
Representatives a report on that assessment.
(b) Matters Assessed.--The report under subsection (a)
shall include the following:
(1) A description and assessment of the tangible
results and progress toward the objectives of the
program, including--
(A) an identification of any past program
activities that led to, or were fundamental to,
applications used by, or supportive of,
operational users; and
(B) an assessment of whether the program
has expanded the national research
infrastructure.
(2) An assessment whether the activities undertaken
under the program are consistent with the statute
authorizing the program.
(3) An assessment whether the various elements of
the program, such as structure, funding, staffing,
project solicitation and selection, and administration,
are working effectively and efficiently to support the
effective execution of the program.
(4) A description and assessment of past and
ongoing activities of State planning committees under
the program in supporting the achievement of the
objectives of the program.
(5) An analysis of the advantages and disadvantages
of having an institution-based formula for
qualification to participate in the program when
compared with the advantages and disadvantages of
having a State-based formula for qualification to
participate in supporting defense missions and the
objective of expanding the Nation's defense research
infrastructure.
(6) An identification of mechanisms for improving
the management and implementation of the program,
including modification of the statute authorizing the
program, Department regulations, program structure,
funding levels, funding strategy, or the activities of
the State committees.
(7) Any other matters the Secretary considers
appropriate.
SEC. 242. COST-BENEFIT ANALYSIS OF PROPOSED FUNDING REDUCTION FOR HIGH
ENERGY LASER SYSTEMS TEST FACILITY.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
containing a cost-benefit analysis of the proposed reduction in
Army research, development, test, and evaluation funding for
the High Energy Laser Systems Test Facility.
(b) Evaluation of Impact on Other Military Departments.--
The report required under subsection (a) shall include an
evaluation of the impact of the proposed reduction in funding
on each Department of Defense organization or activity that
utilizes the High Energy Laser Systems Test Facility.
SEC. 243. PROMPT GLOBAL STRIKE.
(a) Research, Development, and Testing Plan.--The Secretary
of Defense shall submit to the congressional defense committees
a research, development, and testing plan for prompt global
strike program objectives for fiscal years 2008 through 2013.
(b) Plan for Obligation and Expenditure of Funds.--
(1) In general.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall submit to
the congressional defense committees a plan for
obligation and expenditure of funds available for
prompt global strike for fiscal year 2008. The plan
shall include correlations between each technology
application being developed in fiscal year 2008 and the
prompt global strike alternative or alternatives toward
which the technology application applies.
(2) Limitation.--The Under Secretary shall not
implement the plan required by paragraph (1) until at
least 10 days after the plan is submitted as required
by that paragraph.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Environmental Provisions
Sec. 311. Reimbursement of Environmental Protection Agency for certain
costs in connection with Moses Lake Wellfield Superfund Site,
Moses Lake, Washington.
Sec. 312. Reimbursement of Environmental Protection Agency for certain
costs in connection with the Arctic Surplus Superfund Site,
Fairbanks, Alaska.
Sec. 313. Payment to Environmental Protection Agency of stipulated
penalties in connection with Jackson Park Housing Complex,
Washington.
Sec. 314. Report on control of the brown tree snake.
Sec. 315. Notification of certain residents and civilian employees at
Camp Lejeune, North Carolina, of exposure to drinking water
contamination.
Subtitle C--Workplace and Depot Issues
Sec. 321. Availability of funds in Defense Information Systems Agency
Working Capital Fund for technology upgrades to Defense
Information Systems Network.
Sec. 322. Modification to public-private competition requirements before
conversion to contractor performance.
Sec. 323. Public-private competition at end of period specified in
performance agreement not required.
Sec. 324. Guidelines on insourcing new and contracted out functions.
Sec. 325. Restriction on Office of Management and Budget influence over
Department of Defense public-private competitions.
Sec. 326. Bid protests by Federal employees in actions under Office of
Management and Budget Circular A-76.
Sec. 327. Public-private competition required before conversion to
contractor performance.
Sec. 328. Extension of authority for Army industrial facilities to
engage in cooperative activities with non-Army entities.
Sec. 329. Reauthorization and modification of multi-trades demonstration
project.
Sec. 330. Pilot program for availability of working-capital funds to
Army for certain product improvements.
Subtitle D--Extension of Program Authorities
Sec. 341. Extension of Arsenal Support Program Initiative.
Sec. 342. Extension of period for reimbursement for helmet pads
purchased by members of the Armed Forces deployed in
contingency operations.
Sec. 343. Extension of temporary authority for contract performance of
security guard functions.
Subtitle E--Reports
Sec. 351. Reports on National Guard readiness for emergencies and major
disasters.
Sec. 352. Annual report on prepositioned materiel and equipment.
Sec. 353. Report on incremental cost of early 2007 enhanced deployment.
Sec. 354. Modification of requirements of Comptroller General report on
the readiness of Army and Marine Corps ground forces.
Sec. 355. Plan to improve readiness of ground forces of active and
reserve components.
Sec. 356. Independent assessment of Civil Reserve Air Fleet viability.
Sec. 357. Department of Defense Inspector General report on physical
security of Department of Defense installations.
Sec. 358. Review of high-altitude aviation training.
Sec. 359. Reports on safety measures and encroachment issues and master
plan for Warren Grove Gunnery Range, New Jersey.
Sec. 360. Report on search and rescue capabilities of the Air Force in
the northwestern United States.
Sec. 361. Report and master infrastructure recapitalization plan for
Cheyenne Mountain Air Station, Colorado.
Subtitle F--Other Matters
Sec. 371. Enhancement of corrosion control and prevention functions
within Department of Defense.
Sec. 372. Authority for Department of Defense to provide support for
certain sporting events.
Sec. 373. Authority to impose reasonable restrictions on payment of full
replacement value for lost or damaged personal property
transported at Government expense.
Sec. 374. Priority transportation on Department of Defense aircraft of
retired members residing in Commonwealths and possessions of
the United States for certain health care services.
Sec. 375. Recovery of missing military property.
Sec. 376. Retention of combat uniforms by members of the Armed Forces
deployed in support of contingency operations.
Sec. 377. Issue of serviceable material of the Navy other than to Armed
Forces.
Sec. 378. Reauthorization of Aviation Insurance Program.
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1) For the Army, $28,787,219,000.
(2) For the Navy, $33,355,683,000.
(3) For the Marine Corps, $4,967,193,000.
(4) For the Air Force, $33,118,462,000.
(5) For Defense-wide activities, $22,500,253,000.
(6) For the Army Reserve, $2,509,862,000.
(7) For the Navy Reserve, $1,186,883,000.
(8) For the Marine Corps Reserve, $208,637,000.
(9) For the Air Force Reserve, $2,821,817,000.
(10) For the Army National Guard, $5,857,409,000.
(11) For the Air National Guard, $5,456,668,000.
(12) For the United States Court of Appeals for the
Armed Forces, $11,971,000.
(13) For Environmental Restoration, Army,
$434,879,000.
(14) For Environmental Restoration, Navy,
$300,591,000.
(15) For Environmental Restoration, Air Force,
$458,428,000.
(16) For Environmental Restoration, Defense-wide,
$12,751,000.
(17) For Environmental Restoration, Formerly Used
Defense Sites, $270,249,000.
(18) For Overseas Humanitarian, Disaster, and Civic
Aid programs, $103,300,000.
(19) For Former Soviet Union Threat Reduction
programs, $428,048,000.
(20) For the Overseas Contingency Operations
Transfer Fund, $5,000,000.
Subtitle B--Environmental Provisions
SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN
COSTS IN CONNECTION WITH MOSES LAKE WELLFIELD
SUPERFUND SITE, MOSES LAKE, WASHINGTON.
(a) Authority To Reimburse.--
(1) Transfer amount.--Using funds described in
subsection (b), the Secretary of Defense may,
notwithstanding section 2215 of title 10, United States
Code, transfer not more than $91,588.51 to the Moses
Lake Wellfield Superfund Site 10-6J Special Account.
(2) Purpose of reimbursement.--The payment under
paragraph (1) is to reimburse the Environmental
Protection Agency for its costs incurred in overseeing
a remedial 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.
(3) Interagency agreement.--The reimbursement
described in paragraph (2) is provided for in the
interagency agreement entered into by the Department of
the Army and the Environmental Protection Agency for
the Moses Lake Wellfield Superfund Site in March 1999.
(b) Source of Funds.--Any payment under subsection (a)
shall be made using funds authorized to be appropriated by
section 301(16) for operation and maintenance for Environmental
Restoration, Defense-wide.
(c) Use of Funds.--The Environmental Protection Agency
shall use the amount transferred under subsection (a) to pay
costs incurred by the Agency at the Moses Lake Wellfield
Superfund Site.
SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN
COSTS IN CONNECTION WITH THE ARCTIC SURPLUS
SUPERFUND SITE, FAIRBANKS, ALASKA.
(a) Authority To Reimburse.--
(1) Transfer amount.--Using funds described in
subsection (b), the Secretary of Defense may,
notwithstanding section 2215 of title 10, United States
Code, transfer not more than $186,625.38 to the
Hazardous Substance Superfund.
(2) Purpose of reimbursement.--The payment under
paragraph (1) is to reimburse the Environmental
Protection Agency for costs incurred pursuant to the
agreement known as ``In the Matter of Arctic Surplus
Superfund Site, U.S. EPA Docket Number CERCLA-10-2003-
0114: Administrative Order on Consent for Remedial
Design and Remedial Action'', entered into by the
Department of Defense and the Environmental Protection
Agency on December 11, 2003.
(b) Source of Funds.--Any payment under subsection (a)
shall be made using funds authorized to be appropriated by
section 301(16) for operation and maintenance for Environmental
Restoration, Defense-wide.
(c) Use of Funds.--The Environmental Protection Agency
shall use the amount transferred under subsection (a) to pay
costs incurred by the Agency pursuant to the agreement
described in paragraph (2) of such subsection.
SEC. 313. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED
PENALTIES IN CONNECTION WITH JACKSON PARK HOUSING
COMPLEX, WASHINGTON.
(a) Authority To Transfer Funds.--
(1) Transfer amount.--Using funds described in
subsection (b), the Secretary of the Navy may,
notwithstanding section 2215 of title 10, United States
Code, transfer not more than $40,000.00 to the
Hazardous Substance Superfund.
(2) Purpose of transfer.--The payment under
paragraph (1) is to pay a stipulated penalty assessed
by the Environmental Protection Agency on October 25,
2005, against the Jackson Park Housing Complex,
Washington, for the failure by the Navy to timely
submit a draft final Phase II Remedial 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).
(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.
(c) Use of Funds.--The amount transferred under subsection
(a) shall be used by the Environmental Protection Agency to pay
the penalty described under paragraph (2) of such subsection.
SEC. 314. REPORT ON CONTROL OF THE BROWN TREE SNAKE.
(a) Findings.--Congress finds the following:
(1) The brown tree snake (Boiga irregularis), an
invasive species, is found in significant numbers on
military installations and in other areas on Guam, and
constitutes a serious threat to the ecology of Guam.
(2) If introduced into Hawaii, the Commonwealth of
the Northern Mariana Islands, or the continental United
States, the brown tree snake would pose an immediate
and serious economic and ecological threat.
(3) The most probable vector for the introduction
of the brown tree snake into Hawaii, the Commonwealth
of the Northern Mariana Islands, or the continental
United States is the movement from Guam of military
aircraft, personnel, and cargo, including the household
goods of military personnel and other military assets.
(4) It is probable that the movement of military
aircraft, personnel, and cargo, including the household
goods of military personnel, from Guam to Hawaii, the
Commonwealth of the Northern Mariana Islands, or the
continental United States will increase significantly
coincident with the increase in the number of military
units and personnel stationed on Guam.
(5) Current policies, programs, procedures, and
dedicated resources of the Department of Defense and of
other departments and agencies of the United States may
not be sufficient to adequately address the management,
control, and eradication of the brown tree snake on
Guam and the increasing threat of the introduction of
the brown tree snake from Guam into Hawaii, the
Commonwealth of the Northern Mariana Islands, the
continental United States, or other non-native
environments.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on the following:
(1) The actions currently being taken (including
the resources being made available) by the Department
of Defense to control, and to develop new or existing
techniques to control, the brown tree snake on Guam and
to prevent the introduction of the brown tree snake
into Hawaii, the Commonwealth of the Northern Mariana
Island, the continental United States, or any other
non-native environment as a result of the movement from
Guam of military aircraft, personnel, and cargo,
including the household goods of military personnel and
other military assets. Such actions shall include any
actions taken by the Department of Defense to implement
the recommendations of the Brown Treesnake Review Panel
commissioned by the Department of the Interior, as
contained in the Review Panel's final report entitled
``Review of Brown Treesnake Problems and Control
Programs'' published in March 2005.
(2) Current plans for enhanced future actions,
policies, and procedures and increased levels of
resources in order to ensure that the projected
increase of military personnel stationed on Guam does
not increase the threat of introduction of the brown
tree snake from Guam into Hawaii, the Commonwealth of
the Northern Mariana Islands, the continental United
States, or other non-native environments.
(3) The results of management, control, and
eradication carried out by the Secretary of Defense, in
consultation with the Secretary of the Interior, before
the date on which the report is submitted with respect
to brown tree snakes through the integrated natural
resource management plans prepared for military
installations in Guam under the pilot program
authorized by section 101(g) of the Sikes Act (16
U.S.C. 670a(g)).
SEC. 315. NOTIFICATION OF CERTAIN RESIDENTS AND CIVILIAN EMPLOYEES AT
CAMP LEJEUNE, NORTH CAROLINA, OF EXPOSURE TO
DRINKING WATER CONTAMINATION.
(a) Notification of Individuals Served by Tarawa Terrace
Water Distribution System, Including Knox Trailer Park.--Not
later than one year after the date of the enactment of this
Act, the Secretary of the Navy shall make reasonable efforts to
identify and notify directly individuals who were served by the
Tarawa Terrace Water Distribution System, including Knox
Trailer Park, at Camp Lejeune, North Carolina, during the years
1958 through 1987 that they may have been exposed to drinking
water contaminated with tetrachloroethylene (PCE).
(b) Notification of Individuals Served by Hadnot Point
Water Distribution System.--Not later than one year after the
Agency for Toxic Substances and Disease Registry (ATSDR)
completes its water modeling study of the Hadnot Point water
distribution system, the Secretary of the Navy shall make
reasonable efforts to identify and notify directly individuals
who were served by the system during the period identified in
the study of the drinking water contamination to which they may
have been exposed.
(c) Notification of Former Civilian Employees at Camp
Lejeune.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Navy shall make
reasonable efforts to identify and notify directly civilian
employees who worked at Camp Lejeune during the period
identified in the ATSDR drinking water study of the drinking
water contamination to which they may have been exposed.
(d) Circulation of Health Survey.--
(1) Findings.--Congress makes the following
findings:
(A) Notification and survey efforts related
to the drinking water contamination described
in this section are necessary due to the
potential negative health impacts of these
contaminants.
(B) The Secretary of the Navy will not be
able to identify or contact all former
residents and former employees due to the
condition, non-existence, or accessibility of
records.
(C) It is the intent of Congress that the
Secretary of the Navy contact as many former
residents and former employees as quickly as
possible.
(2) ATSDR health survey.--
(A) Development.--
(i) In general.--Not later than 120
days after the date of the enactment of
this Act, the ATSDR, in consultation
with a well-qualified contractor
selected by the ATSDR, shall develop a
health survey that would voluntarily
request of individuals described in
subsections (a), (b), and (c) personal
health information that may lead to
scientifically useful health
information associated with exposure to
trichloroethylene (TCE), PCE, vinyl
chloride, and the other contaminants
identified in the ATSDR studies that
may provide a basis for further
reliable scientific studies of
potentially adverse health impacts of
exposure to contaminated water at Camp
Lejeune.
(ii) Funding.--The Secretary of the
Navy is authorized to provide from
available funds the necessary funding
for the ATSDR to develop the health
survey.
(B) Inclusion with notification.--The
survey developed under subparagraph (A) shall
be distributed by the Secretary of the Navy
concurrently with the direct notification
required under subsections (a), (b), and (c).
(e) Use of Media To Supplement Notification.--The Secretary
of the Navy may use media notification as a supplement to
direct notification of individuals described under subsections
(a), (b), and (c). Media notification may reach those
individuals not identifiable via remaining records. Once
individuals respond to media notifications, the Secretary will
add them to the contact list to be included in future
information updates.
Subtitle C--Workplace and Depot Issues
SEC. 321. AVAILABILITY OF FUNDS IN DEFENSE INFORMATION SYSTEMS AGENCY
WORKING CAPITAL FUND FOR TECHNOLOGY UPGRADES TO
DEFENSE INFORMATION SYSTEMS NETWORK.
(a) In General.--Notwithstanding section 2208 of title 10,
United States Code, funds in the Defense Information Systems
Agency Working Capital Fund may be used for expenses directly
related to technology upgrades to the Defense Information
Systems Network.
(b) Limitation on Certain Projects.--Funds may not be used
under subsection (a) for--
(1) any technology insertion to the Defense
Information Systems Network that significantly changes
the performance envelope of an end item; or
(2) any component with an estimated total cost in
excess of $500,000.
(c) Limitation in Fiscal Year Pending Timely Report.--If in
any fiscal year the report required by paragraph (1) of
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--
(1) beginning on the date specified in paragraph
(2) of subsection (d); and
(2) ending on the date of the submittal of the
report under paragraph (1) of subsection (d).
(d) Annual Report.--
(1) In general.--The Director of the Defense
Information Systems Agency shall submit to the
congressional defense committees each fiscal year a
report on the use of the authority in subsection (a)
during the preceding fiscal year.
(2) Deadline for submittal.--The report required by
paragraph (1) in a fiscal year shall be submitted not
later than 60 days after the date of the submittal to
Congress of the budget of the President for the
succeeding fiscal year pursuant to section 1105 of
title 31, United States Code.
(e) Sunset.--The authority in subsection (a) shall expire
on October 1, 2011.
SEC. 322. MODIFICATION TO PUBLIC-PRIVATE COMPETITION REQUIREMENTS
BEFORE CONVERSION TO CONTRACTOR PERFORMANCE.
(a) Comparison of Retirement System Costs.--Section
2461(a)(1) of title 10, United States Code, is amended--
(1) in subparagraph (F), by striking ``and'' at the
end;
(2) by redesignating subparagraph (G) as
subparagraph (H); and
(3) by inserting after subparagraph (F) the
following new subparagraph (G):
``(G) requires that the contractor shall not
receive an advantage for a proposal that would reduce
costs for the Department of Defense by--
``(i) not making an employer-sponsored
health insurance plan (or payment that could be
used in lieu of such a plan), health savings
account, or medical savings account available
to the workers who are to be employed to
perform the function under the contract;
``(ii) offering to such workers an
employer-sponsored health benefits plan that
requires the employer to contribute less
towards the premium or subscription share than
the amount that is paid by the Department of
Defense for health benefits for civilian
employees of the Department under chapter 89 of
title 5; or
``(iii) offering to such workers a
retirement benefit that, in any year, costs
less than the annual retirement cost factor
applicable to civilian employees of the
Department of Defense under chapter 84 of title
5; and''.
(b) Conforming Amendments.--Such title is further amended--
(1) by striking section 2467; and
(2) in section 2461--
(A) by redesignating subsections (b)
through (d) as subsections (c) through (e),
respectively; and
(B) by inserting after subsection (a) the
following new subsection (b):
``(b) Requirement to Consult DOD Employees.--(1) Each
officer or employee of the Department of Defense responsible
for determining under Office of Management and Budget Circular
A-76 whether to convert to contractor performance any function
of the Department of Defense--
``(A) shall, at least monthly during the
development and preparation of the performance work
statement and the management efficiency study used in
making that determination, consult with civilian
employees who will be affected by that determination
and consider the views of such employees on the
development and preparation of that statement and that
study; and
``(B) may consult with such employees on other
matters relating to that determination.
``(2)(A) In the case of employees represented by a labor
organization accorded exclusive recognition under section 7111
of title 5, consultation with representatives of that labor
organization shall satisfy the consultation requirement in
paragraph (1).
``(B) In the case of employees other than employees
referred to in subparagraph (A), consultation with appropriate
representatives of those employees shall satisfy the
consultation requirement in paragraph (1).
``(C) The Secretary of Defense shall prescribe regulations
to carry out this subsection. The regulations shall include
provisions for the selection or designation of appropriate
representatives of employees referred to in subparagraph (B)
for purposes of the consultation required by paragraph (1).''.
(c) Technical Amendments.--Section 2461 of such title, as
amended by this section, is further amended--
(1) in subsection (a)(1)--
(A) in subparagraph (B), by inserting after
``2003'' the following: ``, or any successor
circular''; and
(B) in subparagraph (D), by striking ``and
reliability'' and inserting ``, reliability,
and timeliness''; and
(2) in subsection (c)(2), as redesignated by
subsection (b)(2), by inserting ``of'' after
``examination''.
(d) Clerical Amendment.--The table of sections at the
beginning of chapter 146 of such title is amended by striking
the item relating to section 2467.
SEC. 323. PUBLIC-PRIVATE COMPETITION AT END OF PERIOD SPECIFIED IN
PERFORMANCE AGREEMENT NOT REQUIRED.
Section 2461(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(4) A military department or Defense Agency may not be
required to conduct a public-private competition under Office
of Management and Budget Circular A-76 or any other provision
of law at the end of the performance period specified in a
letter of obligation or other agreement entered into with
Department of Defense civilian employees pursuant to a public-
private competition for any function of the Department of
Defense performed by Department of Defense civilian
employees.''.
SEC. 324. GUIDELINES ON INSOURCING NEW AND CONTRACTED OUT FUNCTIONS.
(a) Codification and Revision of Requirement for
Guidelines.--
(1) In general.--Chapter 146 of title 10, United
States Code, is amended by inserting after section 2462
the following new section:
``Sec. 2463. Guidelines and procedures for use of civilian employees to
perform Department of Defense functions
``(a) Guidelines Required.--(1) The Under Secretary of
Defense for Personnel and Readiness shall devise and implement
guidelines and procedures to ensure that consideration is given
to using, on a regular basis, Department of Defense civilian
employees to perform new functions and functions that are
performed by contractors and could be performed by Department
of Defense civilian employees. The Secretary of a military
department may prescribe supplemental regulations, if the
Secretary determines such regulations are necessary for
implementing such guidelines within that military department.
``(2) The guidelines and procedures required under
paragraph (1) may not include any specific limitation or
restriction on the number of functions or activities that may
be converted to performance by Department of Defense civilian
employees.
``(b) Special Consideration for Certain Functions.--The
guidelines and procedures required under subsection (a) shall
provide for special consideration to be given to using
Department of Defense civilian employees to perform any
function that--
``(1) is performed by a contractor and--
``(A) has been performed by Department of
Defense civilian employees at any time during
the previous 10 years;
``(B) is a function closely associated with
the performance of an inherently governmental
function;
``(C) has been performed pursuant to a
contract awarded on a non-competitive basis; or
``(D) has been performed poorly, as
determined by a contracting officer during the
five-year period preceding the date of such
determination, because of excessive costs or
inferior quality; or
``(2) is a new requirement, with particular
emphasis given to a new requirement that is similar to
a function previously performed by Department of
Defense civilian employees or is a function closely
associated with the performance of an inherently
governmental function.
``(c) Exclusion of Certain Functions From Competitions.--
The Secretary of Defense may not conduct a public-private
competition under this chapter, Office of Management and Budget
Circular A-76, or any other provision of law or regulation
before--
``(1) in the case of a new Department of Defense
function, assigning the performance of the function to
Department of Defense civilian employees;
``(2) in the case of any Department of Defense
function described in subsection (b), converting the
function to performance by Department of Defense
civilian employees; or
``(3) in the case of a Department of Defense
function performed by Department of Defense civilian
employees, expanding the scope of the function.
``(d) Use of Flexible Hiring Authority.--(1) The Secretary
of Defense may use the flexible hiring authority available to
the Secretary under the National Security Personnel System, as
established pursuant to section 9902 of title 5, to facilitate
the performance by Department of Defense civilian employees of
functions described in subsection (b).
``(2) The Secretary shall make use of the inventory
required by section 2330a(c) of this title for the purpose of
identifying functions that should be considered for performance
by Department of Defense civilian employees pursuant to
subsection (b).
``(e) Definitions.--In this section the term `functions
closely associated with inherently governmental functions' has
the meaning given that term in section 2383(b)(3) of this
title.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by inserting
after the item relating to section 2462 the following
new item:
``2463. Guidelines and procedures for use of civilian employees to
perform Department of Defense functions.''.
(3) Deadline for issuance of guidelines and
procedures.--The Secretary of Defense shall implement
the guidelines and procedures required under section
2463 of title 10, United States Code, as added by
paragraph (1), by not later than 60 days after the date
of the enactment of this Act.
(b) Inspector General Report.--Not later than 180 days
after the date of the enactment of this Act, the Inspector
General of the Department of Defense shall submit to the
congressional defense committees a report on the implementation
of this section and the amendments made by this section.
(c) Conforming Repeal.--The National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163) is amended by
striking section 343.
SEC. 325. RESTRICTION ON OFFICE OF MANAGEMENT AND BUDGET INFLUENCE OVER
DEPARTMENT OF DEFENSE PUBLIC-PRIVATE COMPETITIONS.
(a) Restriction on Office of Management and Budget.--The
Office of Management and Budget may not direct or require the
Secretary of Defense or the Secretary of a military department
to prepare for, undertake, continue, or complete a public-
private competition or direct conversion of a Department of
Defense function to performance by a contractor under Office of
Management and Budget Circular A-76, or any other successor
regulation, directive, or policy.
(b) Restriction on Secretary of Defense.--The Secretary of
Defense or the Secretary of a military department may not
prepare for, undertake, continue, or complete a public-private
competition or direct conversion of a Department of Defense
function to performance by a contractor under Office of
Management and Budget Circular A-76, or any other successor
regulation, directive, or policy by reason of any direction or
requirement provided by the Office of Management and Budget.
(c) Inspector General Review.--
(1) Comprehensive review required.--The Inspector
General of the Department of Defense shall conduct a
comprehensive review of the compliance of the Secretary
of Defense and the Secretaries of the military
departments with the requirements of this section
during calendar year 2008. The Inspector General shall
submit to the congressional defense committees the
following reports on the comprehensive review:
(A) An interim report, to be submitted by
not later than 90 days after the date of the
enactment of this Act.
(B) A final report, to be submitted by not
later than December 31, 2008.
(2) Inspector general access.--For the purpose of
determining compliance with the requirements of this
section, the Secretary of Defense shall ensure that the
Inspector General has access to all Department records
of relevant communications between Department officials
and officials of other departments and agencies of the
Federal Government, whether such communications
occurred inside or outside of the Department.
SEC. 326. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER OFFICE OF
MANAGEMENT AND BUDGET CIRCULAR A-76.
(a) Eligibility To Protest Public-Private Competitions.--
Section 3551(2) of title 31, United States Code, is amended to
read as follows:
``(2) The term `interested party'--
``(A) with respect to a contract or a
solicitation or other request for offers
described in paragraph (1), means an actual or
prospective bidder or offeror whose direct
economic interest would be affected by the
award of the contract or by failure to award
the contract; and
``(B) with respect to a public-private
competition conducted under Office of
Management and Budget Circular A-76 with
respect to the performance of an activity or
function of a Federal agency, or a decision to
convert a function performed by Federal
employees to private sector performance without
a competition under Office of Management and
Budget Circular A-76, includes--
``(i) any official who submitted
the agency tender in such competition;
and
``(ii) any one individual who, for
the purpose of representing the Federal
employees engaged in the performance of
the activity or function for which the
public-private competition is conducted
in a protest under this subchapter that
relates to such public-private
competition, has been designated as the
agent of the Federal employees by a
majority of such employees.''.
(b) Expedited Action.--
(1) In general.--Subchapter V of chapter 35 of such
title is amended by adding at the end the following new
section:
``Sec. 3557. Expedited action in protests of Public-Private
competitions
``For any protest of a public-private competition conducted
under Office of Management and Budget Circular A-76 with
respect to the performance of an activity or function of a
Federal agency, the Comptroller General shall administer the
provisions of this subchapter in the manner best suited for
expediting the final resolution of the protest and the final
action in the public-private competition.''.
(2) Clerical amendment.--The chapter analysis at
the beginning of such chapter is amended by inserting
after the item relating to section 3556 the following
new item:
``3557. Expedited action in protests of public-private competitions.''.
(c) Right To Intervene in Civil Action.--Section 1491(b) of
title 28, United States Code, is amended by adding at the end
the following new paragraph:
``(5) If an interested party who is a member of the private
sector commences an action described in paragraph (1) with
respect to a public-private competition conducted under Office
of Management and Budget Circular A-76 regarding the
performance of an activity or function of a Federal agency, or
a decision to convert a function performed by Federal employees
to private sector performance without a competition under
Office of Management and Budget Circular A-76, then an
interested party described in section 3551(2)(B) of title 31
shall be entitled to intervene in that action.''.
(d) Applicability.--Subparagraph (B) of section 3551(2) of
title 31, United States Code (as added by subsection (a)), and
paragraph (5) of section 1491(b) of title 28, United States
Code (as added by subsection (c)), shall apply to--
(1) a protest or civil action that challenges final
selection of the source of performance of an activity
or function of a Federal agency that is made pursuant
to a study initiated under Office of Management and
Budget Circular A-76 on or after January 1, 2004; and
(2) any other protest or civil action that relates
to a public-private competition initiated under Office
of Management and Budget Circular A-76, or to a
decision to convert a function performed by Federal
employees to private sector performance without a
competition under Office of Management and Budget
Circular A-76, on or after the date of the enactment of
this Act.
SEC. 327. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE CONVERSION TO
CONTRACTOR PERFORMANCE.
(a) In General.--The Office of Federal Procurement Policy
Act (41 U.S.C. 403 et seq.) is amended by adding at the end the
following new section:
``SEC. 43. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE CONVERSION TO
CONTRACTOR PERFORMANCE.
``(a) Public-Private Competition.--(1) A function of an
executive agency performed by 10 or more agency civilian
employees may not be converted, in whole or in part, to
performance by a contractor unless the conversion is based on
the results of a public-private competition that--
``(A) formally compares the cost of performance of
the function by agency civilian employees with the cost
of performance by a contractor;
``(B) creates an agency tender, including a most
efficient organization plan, in accordance with Office
of Management and Budget Circular A-76, as implemented
on May 29, 2003, or any successor circular;
``(C) includes the issuance of a solicitation;
``(D) determines whether the submitted offers meet
the needs of the executive agency with respect to
factors other than cost, including quality,
reliability, and timeliness;
``(E) examines the cost of performance of the
function by agency civilian employees and the cost of
performance of the function by one or more contractors
to demonstrate whether converting to performance by a
contractor will result in savings to the Government
over the life of the contract, including--
``(i) the estimated cost to the Government
(based on offers received) for performance of
the function by a contractor;
``(ii) the estimated cost to the Government
for performance of the function by agency
civilian employees; and
``(iii) an estimate of all other costs and
expenditures that the Government would incur
because of the award of such a contract;
``(F) requires continued performance of the
function by agency civilian employees unless the
difference in the cost of performance of the function
by a contractor compared to the cost of performance of
the function by agency civilian employees would, over
all performance periods required by the solicitation,
be equal to or exceed the lesser of--
``(i) 10 percent of the personnel-related
costs for performance of that function in the
agency tender; or
``(ii) $10,000,000; and
``(G) examines the effect of performance of the
function by a contractor on the agency mission
associated with the performance of the function.
``(2) A function that is performed by the executive agency
and is reengineered, reorganized, modernized, upgraded,
expanded, or changed to become more efficient, but still
essentially provides the same service, shall not be considered
a new requirement.
``(3) In no case may a function being performed by
executive agency personnel be--
``(A) modified, reorganized, divided, or in any way
changed for the purpose of exempting the conversion of
the function from the requirements of this section; or
``(B) converted to performance by a contractor to
circumvent a civilian personnel ceiling.
``(b) Requirement To Consult Employees.--(1) Each civilian
employee of an executive agency responsible for determining
under Office of Management and Budget Circular A-76 whether to
convert to contractor performance any function of the executive
agency--
``(A) shall, at least monthly during the
development and preparation of the performance work
statement and the management efficiency study used in
making that determination, consult with civilian
employees who will be affected by that determination
and consider the views of such employees on the
development and preparation of that statement and that
study; and
``(B) may consult with such employees on other
matters relating to that determination.
``(2)(A) In the case of employees represented by a labor
organization accorded exclusive recognition under section 7111
of title 5, United States Code, consultation with
representatives of that labor organization shall satisfy the
consultation requirement in paragraph (1).
``(B) In the case of employees other than employees
referred to in subparagraph (A), consultation with appropriate
representatives of those employees shall satisfy the
consultation requirement in paragraph (1).
``(C) The head of each executive agency shall prescribe
regulations to carry out this subsection. The regulations shall
include provisions for the selection or designation of
appropriate representatives of employees referred to in
paragraph (2)(B) for purposes of consultation required by
paragraph (1).
``(c) Congressional Notification.--(1) Before commencing a
public-private competition under subsection (a), the head of an
executive agency shall submit to Congress a report containing
the following:
``(A) The function for which such public-private
competition is to be conducted.
``(B) The location at which the function is
performed by agency civilian employees.
``(C) The number of agency civilian employee
positions potentially affected.
``(D) The anticipated length and cost of the
public-private competition, and a specific
identification of the budgetary line item from which
funds will be used to cover the cost of the public-
private competition.
``(E) A certification that a proposed performance
of the function by a contractor is not a result of a
decision by an official of an executive agency to
impose predetermined constraints or limitations on such
employees in terms of man years, end strengths, full-
time equivalent positions, or maximum number of
employees.
``(2) The report required under paragraph (1) shall include
an examination of the potential economic effect of performance
of the function by a contractor on--
``(A) agency civilian employees who would be
affected by such a conversion in performance; and
``(B) the local community and the Government, if
more than 50 agency civilian employees perform the
function.
``(3)(A) A representative individual or entity at a
facility where a public-private competition is conducted may
submit to the head of the executive agency an objection to the
public private competition on the grounds that the report
required by paragraph (1) has not been submitted or that the
certification required by paragraph (1)(E) is not included in
the report submitted as a condition for the public private
competition. The objection shall be in writing and shall be
submitted within 90 days after the following date:
``(i) In the case of a failure to submit the report
when required, the date on which the representative
individual or an official of the representative entity
authorized to pose the objection first knew or should
have known of that failure.
``(ii) In the case of a failure to include the
certification in a submitted report, the date on which
the report was submitted to Congress.
``(B) If the head of the executive agency determines that
the report required by paragraph (1) was not submitted or that
the required certification was not included in the submitted
report, the function for which the public-private competition
was conducted for which the objection was submitted may not be
the subject of a solicitation of offers for, or award of, a
contract until, respectively, the report is submitted or a
report containing the certification in full compliance with the
certification requirement is submitted.
``(d) Exemption for the Purchase of Products and Services
of the Blind and Other Severely Handicapped Persons.--This
section shall not apply to a commercial or industrial type
function of an executive agency that--
``(1) is included on the procurement list
established pursuant to section 2 of the Javits-Wagner-
O'Day Act (41 U.S.C. 47); or
``(2) is planned to be changed to performance by a
qualified nonprofit agency for the blind or by a
qualified nonprofit agency for other severely
handicapped persons in accordance with that Act.
``(e) Inapplicability During War or Emergency.--The
provisions of this section shall not apply during war or during
a period of national emergency declared by the President or
Congress.''.
(b) Clerical Amendment.--The table of sections in section
1(b) of such Act is amended by adding at the end the following
new item:
``Sec. 43. Public-private competition required before conversion to
contractor performance.''.
SEC. 328. EXTENSION OF AUTHORITY FOR ARMY INDUSTRIAL FACILITIES TO
ENGAGE IN COOPERATIVE ACTIVITIES WITH NON-ARMY
ENTITIES.
(a) Extension of Authority.--Section 4544 of title 10,
United States Code, is amended--
(1) in subsection (a), by adding at the end the
following: ``This authority may be used to enter into
not more than eight contracts or cooperative
agreements.''; and
(2) in subsection (k), by striking ``2009'' and
inserting ``2014''.
(b) Reports.--
(1) Annual report on use of authority.--The
Secretary of the Army shall submit to Congress at the
same time the budget of the President is submitted to
Congress for fiscal years 2009 through 2016 under
section 1105 of title 31, United States Code, a report
on the use of the authority provided under section 4544
of title 10, United States Code.
(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.
SEC. 329. REAUTHORIZATION AND MODIFICATION OF MULTI-TRADES
DEMONSTRATION PROJECT.
(a) Reauthorization and Expansion.--Section 338 of the
National Defense Authorization Act for Fiscal Year 2004 (Public
Law 108-136; 10 U.S.C. 5013 note) is amended--
(1) by striking subsection (a) and inserting the
following new subsection (a):
``(a) Demonstration Project Authorized.--In accordance with
section 4703 of title 5, United States Code, the Secretary of a
military department may carry out a demonstration project under
which workers who are certified at the journey level as able to
perform multiple trades may be promoted by one grade level. A
demonstration project under this subsection may be carried out
as follows:
``(1) In the case of the Secretary of the Army, at
one Army depot.
``(2) In the case of the Secretary of the Navy, at
one Navy Fleet Readiness Center.
``(3) In the case of the Secretary of the Air
Force, at one Air Force Logistics Center.'';
(2) in subsection (b)--
(A) by striking ``a Naval Aviation Depot''
and inserting ``an Air Force Air Logistics
Center, Navy Fleet Readiness Center, or Army
depot''; and
(B) by striking ``Secretary'' and inserting
``Secretary of the military department
concerned'';
(3) by striking subsection (d) and redesignating
subsections (e) through (g) as subsections (d) through
(f), respectively;
(4) in subsection (d), as so redesignated, by
striking ``2004 through 2006'' and inserting ``2008
through 2013'';
(5) in subsection (e), as so redesignated--
(A) by striking ``2007'' and inserting
``2014'';
(B) by inserting after ``Secretary'' the
following ``of each military department that
carried out a demonstration project under this
section''; and
(C) by adding at the end the following new
sentence: ``Each such report shall include the
Secretary's recommendation on whether permanent
multi-trade authority should be authorized.'';
and
(6) in subsection (f), as so redesignated--
(A) in the first sentence, by striking
``The Secretary'' and inserting ``Each
Secretary who submits a report under subsection
(e)''; and
(B) in the second sentence--
(i) by striking ``receiving the
report'' and inserting ``receiving a
report''; and
(ii) by striking ``evaluation of
the report'' and inserting ``evaluation
of that report''.
(b) Clerical Amendment.--The heading for such section is
amended to read as follows:
``SEC. 338. MULTI-TRADES DEMONSTRATION PROJECT.''.
SEC. 330. PILOT PROGRAM FOR AVAILABILITY OF WORKING-CAPITAL FUNDS TO
ARMY FOR CERTAIN PRODUCT IMPROVEMENTS.
(a) In General.--Notwithstanding section 2208 of title 10,
United States Code, the Secretary of the Army may use a
working-capital fund established pursuant to that section for
expenses directly related to conducting a pilot program for a
product improvement described in subsection (b).
(b) Product Improvement.--A product improvement covered by
the pilot program is the procurement and installation of a
component or subsystem of a weapon system platform or major end
item that would improve the reliability and maintainability,
extend the useful life, enhance safety, lower maintenance
costs, or provide performance enhancement of the weapon system
platform or major end item.
(c) Limitation on Certain Projects.--Funds may not be used
under subsection (a) for--
(1) any product improvement that significantly
changes the performance envelope of an end item; or
(2) any component with an estimated total cost in
excess of $1,000,000.
(d) Limitation in Fiscal Year Pending Timely Report.--If
during any fiscal year the report required by paragraph (1) of
subsection (e) is not submitted by the date specified in
paragraph (3) of that subsection, funds may not be used under
subsection (a) in such fiscal year during the period--
(1) beginning on the date specified in paragraph
(3) of subsection (e); and
(2) ending on the date of the submittal of the
report under paragraph (1) of subsection (e).
(e) Annual Report.--
(1) In general.--Each fiscal year, the Assistant
Secretary of the Army for Acquisition, Logistics, and
Technology, in consultation with the Assistant
Secretary of the Army for Financial Management and
Comptroller, shall submit to the congressional defense
committees a report on the use of the authority in
subsection (a) during the preceding fiscal year.
(2) Recommendation.--In the case of the report
required to be submitted under paragraph (1) during
fiscal year 2012, the report shall include the
recommendation of the Assistant Secretary of the Army
for Acquisition, Logistics, and Technology regarding
whether the authority under subsection (a) should be
made permanent.
(3) Deadline for submittal.--The report required by
paragraph (1) in a fiscal year shall be submitted not
later than 60 days after the date of the submittal to
Congress of the budget of the President for the
succeeding fiscal year pursuant to section 1105 of
title 31, United States Code.
(f) Sunset.--The authority under subsection (a) shall
expire on October 1, 2013.
Subtitle D--Extension of Program Authorities
SEC. 341. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.
Section 343 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (10 U.S.C. 4551 note) is
amended--
(1) in subsection (a), by striking ``2008'' and
inserting ``2010''; and
(2) in subsection (g)(1), by striking ``2008'' and
inserting ``2010''.
SEC. 342. EXTENSION OF PERIOD FOR REIMBURSEMENT FOR HELMET PADS
PURCHASED BY MEMBERS OF THE ARMED FORCES DEPLOYED
IN CONTINGENCY OPERATIONS.
(a) Extension.--Section 351 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375; 118 Stat. 1857) is amended--
(1) in subsection (a)(3), by inserting before the
period at the end the following: ``, or in the case of
protective helmet pads purchased by a member from a
qualified vendor for that member's personal use, ending
on September 30, 2007'';
(2) in subsection (c)--
(A) by inserting after ``Armed Forces'' the
following: ``shall comply with regular
Department of Defense procedures for the
submission of claims and''; and
(B) by inserting before the period at the
end the following: ``or one year after the date
on which the purchase of the protective,
safety, or health equipment was made, whichever
occurs last''; and
(3) in subsection (d), by adding at the end the
following new sentence: ``Subsection (a)(1) shall not
apply in the case of the purchase of protective helmet
pads on behalf of a member.''.
(b) Funding.--Amounts for reimbursements made under section
351 of the Ronald W. Reagan National Defense Authorization Act
for Fiscal Year 2005 after the date of the enactment of this
Act shall be derived from supplemental appropriations for the
Department of Defense for fiscal year 2008, contingent upon
such appropriations being enacted.
SEC. 343. EXTENSION OF TEMPORARY AUTHORITY FOR CONTRACT PERFORMANCE OF
SECURITY GUARD FUNCTIONS.
(a) Extension.--Subsection (c) of section 332 of the Bob
Stump National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314) is amended by striking ``September 30,
2009'' both places it appears and inserting ``September 30,
2012''.
(b) Limitation for Fiscal Years 2010 Through 2012.--
Subsection (d) of such section is amended--
(1) in paragraph (2), by striking ``and'' at the
end;
(2) in paragraph (3), by striking the period and
inserting a semicolon; and
(3) by adding at the end the following new
paragraphs:
``(4) for fiscal year 2010, the number equal to 70
percent of the total number of such personnel employed
under such contracts on October 1, 2006;
``(5) for fiscal year 2011, the number equal to 60
percent of the total number of such personnel employed
under such contracts on October 1, 2006; and
``(6) for fiscal year 2012, the number equal to 50
percent of the total number of such personnel employed
under such contracts on October 1, 2006.''.
Subtitle E--Reports
SEC. 351. REPORTS ON NATIONAL GUARD READINESS FOR EMERGENCIES AND MAJOR
DISASTERS.
(a) Annual Reports on Equipment.--Section 10541(b) of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(9) An assessment of the extent to which the
National Guard possesses the equipment required to
perform the responsibilities of the National Guard
pursuant to sections 331, 332, 333, 12304(b), and 12406
of this title in response to an emergency or major
disaster (as such terms are defined in section 102 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)). Such assessment
shall--
``(A) identify any shortfall in equipment
provided to the National Guard by the
Department of Defense throughout the United
States and the territories and possessions of
the United States that is likely to affect the
ability of the National Guard to perform such
responsibilities;
``(B) evaluate the effect of any such
shortfall on the capacity of the National Guard
to perform such responsibilities in response to
an emergency or major disaster that occurs in
the United States or a territory or possession
of the United States; and
``(C) identify the requirements and
investment strategies for equipment provided to
the National Guard by the Department of Defense
that are necessary to plan for a reduction or
elimination of any such shortfall.''.
(b) Inclusion of Assessment of National Guard Readiness in
Quarterly Personnel and Unit Readiness Report.--Section 482 of
such title is amended--
(1) in subsection (a), by striking ``and (e)'' and
inserting ``(e), and (f)'';
(2) by redesignating subsection (f) as subsection
(g); and
(3) by inserting after subsection (e) the following
new subsection (f):
``(f) Readiness of National Guard To Perform Civil Support
Missions.--(1) Each report shall also include an assessment of
the readiness of the National Guard to perform tasks required
to support the National Response Plan for support to civil
authorities.
``(2) Any information in an assessment under this
subsection that is relevant to the National Guard of a
particular State shall also be made available to the Governor
of that State.
``(3) The Secretary shall ensure that each State Governor
has an opportunity to provide to the Secretary an independent
evaluation of that State's National Guard, which the Secretary
shall include with each assessment submitted under this
subsection.''.
(c) Effective Date.--
(1) Annual report on national guard and reserve
component equipment.--The amendment made by subsection
(a) shall apply with respect to reports submitted after
the date of the enactment of this Act.
(2) Quarterly reports on personnel and unit
readiness.--The amendment made by subsection (b) shall
apply with respect to the quarterly report required
under section 482 of title 10, United States Code, for
the second quarter of fiscal year 2009 and each
subsequent report required under that section.
(d) Report on Implementation.--
(1) In general.--As part of the budget
justification materials submitted to Congress in
support of the budget of the President for each of
fiscal years 2009 and 2010 (as submitted under section
1105 of title 31, United States Code), the Secretary of
Defense shall submit to the congressional defense
committees a report on actions taken by the Secretary
to implement the amendments made by this section.
(2) Elements.--Each report required under paragraph
(1) shall include a description of the mechanisms to be
utilized by the Secretary for assessing the personnel,
equipment, and training readiness of the National
Guard, including the standards and measures that will
be applied and mechanisms for sharing information on
such matters with the Governors of the States.
SEC. 352. ANNUAL REPORT ON PREPOSITIONED MATERIEL AND EQUIPMENT.
(a) Annual Report Required.--Chapter 131 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2229a. Annual report on prepositioned materiel and equipment
``(a) Annual Report Required.--Not later than the date of
the submission of the President's budget request for a fiscal
year under section 1105 of title 31, the Secretary of Defense
shall submit to the congressional defense committees a report
on the status of the materiel in the prepositioned stocks as of
the end of the fiscal year preceding the fiscal year during
which the report is submitted. Each report shall be
unclassified and may contain a classified annex. Each report
shall include the following information:
``(1) The level of fill for major end items of
equipment and spare parts in each prepositioned set as
of the end of the fiscal year covered by the report.
``(2) The material condition of equipment in the
prepositioned stocks as of the end of such fiscal year,
grouped by category or major end item.
``(3) A list of major end items of equipment drawn
from the prepositioned stocks during such fiscal year
and a description of how that equipment was used and
whether it was returned to the stocks after being used.
``(4) A timeline for completely reconstituting any
shortfall in the prepositioned stocks.
``(5) An estimate of the amount of funds required
to completely reconstitute any shortfall in the
prepositioned stocks and a description of the
Secretary's plan for carrying out such complete
reconstitution.
``(6) A list of any operations plan affected by any
shortfall in the prepositioned stocks and a description
of any action taken to mitigate any risk that such a
shortfall may create.
``(b) Comptroller General Review.--(1) By not later than
120 days after the date on which a report is submitted under
subsection (a), the Comptroller General shall review the report
and, as the Comptroller General determines appropriate, submit
to the congressional defense committees any additional
information that the Comptroller General determines will
further inform such committees on issues relating to the status
of the materiel in the prepositioned stocks.
``(2) The Secretary of Defense shall ensure the full
cooperation of the Department of Defense with the Comptroller
General for purposes of the conduct of the review required by
this subsection, both before and after each report is submitted
under subsection (a). The Secretary shall conduct periodic
briefings for the Comptroller General on the information
covered by each report required under subsection (a) and
provide to the Comptroller General access to the data and
preliminary results to be used by the Secretary in preparing
each such report before the Secretary submits the report to
enable the Comptroller General to conduct each review required
under paragraph (1) in a timely manner.
``(3) The requirement to conduct a review under this
subsection shall terminate on September 30, 2015.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2229a. Annual report on prepositioned materiel and equipment.''.
SEC. 353. REPORT ON INCREMENTAL COST OF EARLY 2007 ENHANCED DEPLOYMENT.
Section 323(b)(2) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2146; 10 U.S.C. 229 note) is amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(3) by adding at the end the following new
subparagraph:
``(C) each of the military departments for
the incremental changes in reset costs
resulting from the deployment and redeployment
of forces to Iraq and Afghanistan above the
levels deployed to such countries on January 1,
2007.''.
SEC. 354. MODIFICATION OF REQUIREMENTS OF COMPTROLLER GENERAL REPORT ON
THE READINESS OF ARMY AND MARINE CORPS GROUND
FORCES.
(a) Submittal Date.--Subsection (a)(1) of section 345 of
the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2156) is amended by
striking ``June 1, 2007'' and inserting ``June 1, 2008''.
(b) Elements.--Subsection (b) of such section is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3) through (7) as
paragraphs (4) through (8), respectively; and
(3) by inserting after paragraph (1) the following
new paragraphs:
``(2) An assessment of the ability of the Army and
Marine Corps to provide trained and ready forces to
meet the requirements of increased force levels in
support of Operation Iraqi Freedom and Operation
Enduring Freedom above such force levels in effect on
January 1, 2007, and to meet the requirements of other
ongoing operations simultaneously with such increased
force levels.
``(3) An assessment of the strategic depth of the
Army and Marine Corps and their ability to provide
trained and ready forces to meet the requirements of
the high-priority contingency war plans of the regional
combatant commands, including an identification and
evaluation for each such plan of--
``(A) the strategic and operational risks
associated with current and projected forces of
current and projected readiness;
``(B) the time required to make forces
available and prepare them for deployment; and
``(C) likely strategic tradeoffs necessary
to meet the requirements of each such plan.''.
(c) Department of Defense Cooperation.--Such section is
further amended--
(1) by redesignating subsection (c) as subsection
(d); and
(2) by inserting after subsection (b) the following
new subsection (c):
``(c) Department of Defense Cooperation.--The Secretary of
Defense shall ensure the full cooperation of the Department of
Defense with the Comptroller General for purposes of the
preparation of the report required by this section.''.
SEC. 355. PLAN TO IMPROVE READINESS OF GROUND FORCES OF ACTIVE AND
RESERVE COMPONENTS.
(a) Report Required.--At the same time that the budget is
submitted under section 1105(a) of title 31, United States
Code, for a fiscal year, the Secretary of Defense shall submit
to the congressional defense committees a report on improving
the readiness of the ground forces of active and reserve
components of the Armed Forces. Each such report shall
include--
(1) a summary of the readiness of each reporting
unit of the ground forces of the active and reserve
components and a summary of the readiness of each major
combat unit of each Armed Force by readiness level;
(2) an identification of the extent to which the
actual readiness ratings of the active and reserve
components of the Armed Forces have been upgraded based
on the judgment of commanders and any efforts of the
Secretary of Defense to analyze the trends and
implications of such upgrades;
(3) the goals of the Secretary of Defense for
managing the readiness of the ground forces of the
active and reserve components, expressed in terms of
the number of units or percentage of the force that the
Secretary plans to maintain at each level of readiness,
and the Secretary's projected timeframe for achieving
each such goal;
(4) a prioritized list of items and actions to be
accomplished during the fiscal year during which the
report is submitted, and during the fiscal years
covered by the future-years defense program, that the
Secretary of Defense believes are necessary to
significantly improve the readiness of the ground
forces of the active and reserve components and achieve
the goals and timeframes described in paragraph (3);
and
(5) a detailed investment strategy and plan for
each fiscal year covered by the future-years defense
program under section 221 of title 10, United States
Code, that is submitted during the fiscal year in which
the report is submitted, that outlines the resources
required to improve the readiness of the ground forces
of the active and reserve components, including a
description of how each resource identified in such
plan relates to funding requested by the Secretary in
the Secretary's annual budget, and how each such
resource will specifically enable the Secretary to
achieve the readiness goals described in paragraph (3)
within the projected timeframes.
(b) Comptroller General Review.--By not later than 60 days
after the date on which a report is submitted under subsection
(a), the Comptroller General shall review the report and, as
the Comptroller General determines appropriate, submit to the
congressional defense committees any additional information
that the Comptroller General determines will further inform the
congressional defense committees on issues relating to the
readiness of the ground forces of the active and reserve
components of the Armed Forces.
(c) Termination.--The requirement to submit a report under
subsection (a) shall terminate on the date the Secretary of
Defense submits the fifth report required under that
subsection.
SEC. 356. INDEPENDENT ASSESSMENT OF CIVIL RESERVE AIR FLEET VIABILITY.
(a) Independent Assessment Required.--The Secretary of
Defense shall provide for an independent assessment of the
viability of the Civil Reserve Air Fleet to be conducted by a
federally-funded research and development center selected by
the Secretary.
(b) Contents of Assessment.--The assessment required by
subsection (a) shall include each of the following:
(1) An assessment of the Civil Reserve Air Fleet as
of the date of the enactment of this Act, including an
assessment of--
(A) the level of increased use of
commercial assets to fulfill Department of
Defense transportation requirements as a result
of the increased global mobility requirements
in response to the terrorist attacks of
September 11, 2001;
(B) the extent of charter air carrier
participation in fulfilling increased
Department of Defense transportation
requirements as a result of the increased
global mobility requirements in response to the
terrorist attacks of September 11, 2001;
(C) any policy of the Secretary of Defense
to limit the percentage of income a single air
carrier participating in the Civil Reserve Air
Fleet may earn under contracts with the
Secretary during any calendar year and the
effects of such policy on the air carrier
industry in peacetime and during periods during
which the Armed Forces are deployed in support
of a contingency operation for which the Civil
Reserve Air Fleet is not activated; and
(D) any risks to the charter air carrier
industry as a result of the expansion of the
industry in response to contingency operations
resulting in increased demand by the Department
of Defense.
(2) A strategic assessment of the viability of the
Civil Reserve Air Fleet that compares such viability as
of the date of the enactment of this Act with the
projected viability of the Civil Reserve Air Fleet
five, ten, and 15 years after the date of the enactment
of this Act, including for activations at each of
stages 1, 2, and 3--
(A) an examination of the requirements of
the Department of Defense for the Civil Reserve
Air Fleet for the support of operational and
contingency plans, including any anticipated
changes in the Department's organic airlift
capacity, logistics concepts, and personnel and
training requirements;
(B) an assessment of air carrier
participation in the Civil Reserve Air Fleet;
and
(C) a comparison between the requirements
of the Department described in subparagraph (A)
and air carrier participation described in
subparagraph (B).
(3) An examination of any perceived barriers to
Civil Reserve Air Fleet viability, including--
(A) the operational planning system of the
Civil Reserve Air Fleet;
(B) the reward system of the Civil Reserve
Air Fleet;
(C) the long-term affordability of the
Aviation War Risk Insurance Program;
(D) the effect on United States air
carriers operating overseas routes during
periods of Civil Reserve Air Fleet activation;
(E) increased foreign ownership of United
States air carriers;
(F) increased operational costs during
activation as a result of hazardous duty pay,
routing delays, and inefficiencies in cargo
handling by the Department of Defense;
(G) the effect of policy initiatives by the
Secretary of Transportation to encourage
international code sharing and alliances; and
(H) the effect of limitations imposed by
the Secretary of Defense to limit commercial
shipping options for certain routes and package
sizes.
(4) Recommendations for improving the Civil Reserve
Air Fleet program, including an assessment of potential
incentives for increasing participation in the Civil
Reserve Air Fleet program, including establishing a
minimum annual purchase amount during peacetime.
(c) Submission to Congress.--Upon the completion of the
assessment required under subsection (a) and by not later than
April 1, 2008, the Secretary shall submit to the congressional
defense committees a report on the assessment.
(d) Comptroller General Report.--Not later than 90 days
after the report is submitted under subsection (c), the
Comptroller General shall conduct a review of the assessment
required under subsection (a).
SEC. 357. DEPARTMENT OF DEFENSE INSPECTOR GENERAL REPORT ON PHYSICAL
SECURITY OF DEPARTMENT OF DEFENSE INSTALLATIONS.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Inspector General of the Department
of Defense shall submit to Congress a report on the physical
security of Department of Defense installations and resources.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An analysis of the progress in implementing
requirements under the Physical Security Program as set
forth in the Department of Defense Instruction 5200.08-
R, Chapter 2 (C.2) and Chapter 3, Section 3:
Installation Access (C3.3), which mandates the policies
and minimum standards for the physical security of
Department of Defense installations and resources.
(2) Recommendations based on the findings of the
Comptroller General of the United States in the report
required by section 344 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-366; 120 Stat. 2155).
(3) Recommendations based on the lessons learned
from the thwarted plot to attack Fort Dix, New Jersey,
in 2007.
SEC. 358. REVIEW OF HIGH-ALTITUDE AVIATION TRAINING.
(a) Review Required.--The Secretary of the Defense shall
conduct a review of the training requirements of the Department
of Defense for helicopter operations in high-altitude or power-
limited conditions.
(b) Content.--The review required under subsection (a)
shall include an examination of--
(1) power-management and high-altitude training
requirements by military department, helicopter, and
crew position;
(2) training methods and locations currently used
by each of the military departments to fulfill those
training requirements;
(3) department or service regulations that prohibit
or inhibit joint-service or inter-service high-altitude
aviation training;
(4) costs for each of the previous five years
associated with transporting aircraft to and from the
High-Altitude Aviation Training Site, Gypsum, Colorado,
for training purposes;
(5) potential risk avoidance and reductions in
accident rates due to power management if training of
the type offered at the High-Altitude Aviation Training
Site was required training, rather than optional
training; and
(6) potential cost savings and operational
benefits, if any, of permanently stationing no less
than 4 UH-60, 2 CH-47, and 2 LUH-72 aircraft at the
High-Altitude Aviation Training Site, Gypsum, Colorado.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the conduct and
findings of the review required under subsection (a) along with
a summary of changes to policy, regulation, or asset allocation
necessary to ensure that Department of Defense helicopter
aircrews are adequately trained in high-altitude or power-
limited flying conditions prior to being exposed to such
conditions operationally.
SEC. 359. REPORTS ON SAFETY MEASURES AND ENCROACHMENT ISSUES AND MASTER
PLAN FOR WARREN GROVE GUNNERY RANGE, NEW JERSEY.
(a) Annual Report on Safety Measures.--Not later than March
1, 2008, and annually thereafter for two additional years, the
Secretary of the Air Force shall submit to the congressional
defense committees a report on efforts made by all of the
military departments utilizing the Warren Grove Gunnery Range,
New Jersey, to provide the highest level of safety.
(b) Master Plan for Warren Grove Gunnery Range.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the
Air Force shall submit to the congressional defense
committees a master plan for Warren Grove Gunnery
Range.
(2) Content.--The master plan required under
paragraph (1) shall include measures to mitigate
encroachment of the Warren Grove Gunnery Range, taking
into consideration military mission requirements, land
use plans, the surrounding community, the economy of
the region, and protection of the environment and
public health, safety, and welfare.
(3) Input.--In establishing the master plan
required under paragraph (1), the Secretary shall seek
input from relevant stakeholders at the Federal, State,
and local level.
SEC. 360. REPORT ON SEARCH AND RESCUE CAPABILITIES OF THE AIR FORCE IN
THE NORTHWESTERN UNITED STATES.
(a) Report.--Not later than April 1, 2008, the Secretary of
the Air Force shall submit to the appropriate congressional
committees a report on the search and rescue capabilities of
the Air Force in the northwestern United States.
(b) Content.--The report required under subsection (a)
shall include the following:
(1) An assessment of the search and rescue
capabilities required to support Air Force operations
and training.
(2) A description of the compliance of the Air
Force with the 1999 United States National Search and
Rescue Plan (referred to hereinafter in this section as
the ``NSRP'') for Washington, Oregon, Idaho, and
Montana.
(3) An inventory and description of the search and
rescue assets of the Air Force that are available to
meet the requirements of the NSRP.
(4) A description of the use of such search and
rescue assets during the three-year period preceding
the date when the report is submitted.
(5) The plans of the Air Force to meet current and
future search and rescue requirements in the
northwestern United States, including plans that take
into consideration requirements related to support for
both Air Force operations and training and compliance
with the NSRP.
(6) An inventory of other search and rescue
capabilities equivalent to such capabilities provided
by the Air Force that may be provided by other Federal,
State, or local agencies in the northwestern United
States.
(c) Use of Report for Purposes of Certification Regarding
Search and Rescue Capabilities.--Section 1085 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375; 118 Stat. 2065; 10 U.S.C. 113 note) is
amended by striking ``unless the Secretary first certifies''
and inserting ``unless the Secretary, after reviewing the
search and rescue capabilities report prepared by the Secretary
of the Air Force under subsection (a), first certifies''.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee
on Homeland Security and Governmental Affairs, the
Committee on Commerce, Science, and Transportation, the
Committee on Energy and Natural Resources, and the
Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee
on Homeland Security, the Committee on Energy and
Commerce, the Committee on Natural Resources, and the
Committee on Appropriations of the House of
Representatives.
SEC. 361. REPORT AND MASTER INFRASTRUCTURE RECAPITALIZATION PLAN FOR
CHEYENNE MOUNTAIN AIR STATION, COLORADO.
(a) Report on Relocation of North American Aerospace
Defense Command Center.--
(1) In general.--Not later than March 1, 2008, the
Secretary of Defense shall submit to Congress a report
on the relocation of the North American Aerospace
Defense Command center and related functions from
Cheyenne Mountain Air Station, Colorado, to Peterson
Air Force Base, Colorado.
(2) Content.--The report required under paragraph
(1) shall include--
(A) an analysis comparing the total costs
associated with the relocation, including costs
determined as part of ongoing security-related
studies of the relocation, to anticipated
operational benefits from the relocation;
(B) a detailed explanation of the backup
functions that will remain located at Cheyenne
Mountain Air Station, and how such functions
planned to be transferred out of Cheyenne
Mountain Air Station, including the Space
Operations Center, will maintain operational
connectivity with their related commands and
relevant communications centers;
(C) the final plans for the relocation of
the North American Aerospace Defense Command
center and related functions; and
(D) the findings and recommendations of an
independent security and vulnerability
assessment of Peterson Air Force Base carried
out by Sandia National Laboratory for the
United States Air Force Space Command and the
Secretary's plans for mitigating any security
and vulnerability risks identified as part of
that assessment and associated cost and
schedule estimates.
(b) Limitation on Availability of Funds Pending Receipt of
Report.--Of the funds appropriated pursuant to an authorization
of appropriations or otherwise made available for fiscal year
2008 for operation and maintenance for the Air Force that are
available for the Cheyenne Mountain Transformation project,
$5,000,000 may not be obligated or expended until Congress
receives the report required under subsection (a).
(c) Comptroller General Review.--Not later than 120 days
after the date on which the Secretary of Defense submits the
report required under subsection (a), the Comptroller General
shall submit to Congress a review of the report and the final
plans of the Secretary for the relocation of the North American
Aerospace Defense Command center and related functions.
(d) Master Infrastructure Recapitalization Plan.--
(1) In general.--Not later than March 16, 2008, the
Secretary of the Air Force shall submit to Congress a
master infrastructure recapitalization plan for
Cheyenne Mountain Air Station.
(2) Content.--The plan required under paragraph (1)
shall include--
(A) a description of the projects that are
needed to improve the infrastructure required
for supporting missions associated with
Cheyenne Mountain Air Station; and
(B) a funding plan explaining the expected
timetable for the Air Force to support such
projects.
Subtitle F--Other Matters
SEC. 371. ENHANCEMENT OF CORROSION CONTROL AND PREVENTION FUNCTIONS
WITHIN DEPARTMENT OF DEFENSE.
(a) Office of Corrosion Policy and Oversight.--
(1) In general.--Section 2228 of title 10, United
States Code, is amended by striking the section heading
and subsection (a) and inserting the following:
``Sec. 2228. Office of Corrosion Policy and Oversight
``(a) Office and Director.--(1) There is an Office of
Corrosion Policy and Oversight within the Office of the Under
Secretary of Defense for Acquisition, Technology, and
Logistics.
``(2) The Office shall be headed by a Director of Corrosion
Policy and Oversight, who shall be assigned to such position by
the Under Secretary from among civilian employees of the
Department of Defense with the qualifications described in
paragraph (3). The Director is responsible in the Department of
Defense to the Secretary of Defense (after the Under Secretary
of Defense for Acquisition, Technology, and Logistics) for the
prevention and mitigation of corrosion of the military
equipment and infrastructure of the Department of Defense. The
Director shall report directly to the Under Secretary.
``(3) In order to qualify to be assigned to the position of
Director, an individual shall--
``(A) have management expertise in, and
professional experience with, corrosion project and
policy implementation, including an understanding of
the effects of corrosion policies on infrastructure;
research, development, test, and evaluation; and
maintenance; and
``(B) have an understanding of Department of
Defense budget formulation and execution, policy
formulation, and planning and program requirements.
``(4) The Secretary of Defense shall designate the position
of Director as a critical acquisition position under section
1733(b)(1)(C) of this title.''.
(2) Conforming amendments.--Section 2228(b) of such
title is amended--
(A) in paragraph (1), by striking
``official or organization designated under
subsection (a)'' and inserting ``Director of
Corrosion Policy and Oversight (in this section
referred to as the `Director')''; and
(B) in paragraphs (2), (3), (4), and (5),
by striking ``designated official or
organization'' and inserting ``Director''.
(b) Additional Authority for Director of Office.--Section
2228 of such title is further amended--
(1) by redesignating subsections (c) and (d) as
subsections (d) and (f), respectively; and
(2) by inserting after subsection (b) the following
new subsection:
``(c) Additional Authorities for Director.--The Director is
authorized to--
``(1) develop, update, and coordinate corrosion
training with the Defense Acquisition University;
``(2) participate in the process within the
Department of Defense for the development of relevant
directives and instructions; and
``(3) interact directly with the corrosion
prevention industry, trade associations, other
government corrosion prevention agencies, academic
research and educational institutions, and scientific
organizations engaged in corrosion prevention,
including the National Academy of Sciences.''.
(c) Inclusion of Cooperative Research Agreements as Part of
Corrosion Reduction Strategy.--Subsection (d)(2)(D) of section
2228 of such title, as redesignated by subsection (b), is
amended by inserting after ``operational strategies'' the
following: ``, including through the establishment of memoranda
of agreement, joint funding agreements, public-private
partnerships, university research and education centers, and
other cooperative research agreements''.
(d) Report Requirement.--Section 2228 of such title is
further amended by inserting after subsection (d) (as
redesignated by subsection (b)) the following new subsection:
``(e) Report.--(1) For each budget for a fiscal year,
beginning with the budget for fiscal year 2009, the Secretary
of Defense shall submit, with the defense budget materials, a
report on the following:
``(A) Funding requirements for the long-term
strategy developed under subsection (d).
``(B) The return on investment that would be
achieved by implementing the strategy.
``(C) The funds requested in the budget compared to
the funding requirements.
``(D) An explanation if the funding requirements
are not fully funded in the budget.
``(2) Within 60 days after submission of the budget for a
fiscal year, the Comptroller General shall provide to the
congressional defense committees--
``(A) an analysis of the budget submission for
corrosion control and prevention by the Department of
Defense; and
``(B) an analysis of the report required under
paragraph (1).''.
(e) Definitions.--Subsection (f) of section 2228 of such
title, as redesignated by subsection (b), is amended by adding
at the end the following new paragraphs:
``(4) The term `budget', with respect to a fiscal
year, means the budget for that fiscal year that is
submitted to Congress by the President under section
1105(a) of title 31.
``(5) The term `defense budget materials', with
respect to a fiscal year, means the materials submitted
to Congress by the Secretary of Defense in support of
the budget for that fiscal year.''.
(f) Clerical Amendment.--The table of sections at the
beginning of chapter 131 of such title is amended by striking
the item relating to section 2228 and inserting the following
new item:
``2228. Office of Corrosion Policy and Oversight.''.
SEC. 372. AUTHORITY FOR DEPARTMENT OF DEFENSE TO PROVIDE SUPPORT FOR
CERTAIN SPORTING EVENTS.
(a) Provision of Support.--Section 2564 of title 10, United
States Code, is amended--
(1) in subsection (c), by adding at the end the
following new paragraphs:
``(4) A sporting event sanctioned by the United
States Olympic Committee through the Paralympic
Military Program.
``(5) Any national or international paralympic
sporting event (other than a sporting event described
in paragraphs (1) through (4))--
``(A) that--
``(i) is held in the United States
or any of its territories or
commonwealths;
``(ii) is governed by the
International Paralympic Committee; and
``(iii) is sanctioned by the United
States Olympic Committee;
``(B) for which participation exceeds 100
amateur athletes; and
``(C) in which at least 10 percent of the
athletes participating in the sporting event
are members or former members of the armed
forces who are participating in the sporting
event based upon an injury or wound incurred in
the line of duty in the armed force and
veterans who are participating in the sporting
event based upon a service-connected
disability.''; and
(2) by adding at the end the following new
subsection:
``(g) Funding for Support of Certain Events.--(1) Amounts
for the provision of support for a sporting event described in
paragraph (4) or (5) of subsection (c) may be derived from the
Support for International Sporting Competitions, Defense
account established by section 5802 of the Omnibus Consolidated
Appropriations Act, 1997 (Public Law 104-208; 10 U.S.C. 2564
note), notwithstanding any limitation under that section
relating to the availability of funds in such account for the
provision of support for international sporting competitions.
``(2) The total amount expended for any fiscal year to
provide support for sporting events described in subsection
(c)(5) may not exceed $1,000,000.''.
(b) Source of Funds.--Section 5802 of the Omnibus
Consolidated Appropriations Act, 1997 (Public Law 104-208; 10
U.S.C. 2564 note) is amended--
(1) by inserting after ``international sporting
competitions'' the following: ``and for support of
sporting competitions authorized under section
2564(c)(4) and (5), of title 10, United States Code,'';
and
(2) by striking ``45 days'' and inserting ``15
days''.
SEC. 373. AUTHORITY TO IMPOSE REASONABLE RESTRICTIONS ON PAYMENT OF
FULL REPLACEMENT VALUE FOR LOST OR DAMAGED PERSONAL
PROPERTY TRANSPORTED AT GOVERNMENT EXPENSE.
Section 2636a(d) of title 10, United States Code, is
amended by adding at the end the following new sentence: ``The
regulations may include a requirement that a member of the
armed forces or civilian employee of the Department of Defense
comply with reasonable restrictions or conditions prescribed by
the Secretary in order to receive the full amount deducted
under subsection (b).''.
SEC. 374. PRIORITY TRANSPORTATION ON DEPARTMENT OF DEFENSE AIRCRAFT OF
RETIRED MEMBERS RESIDING IN COMMONWEALTHS AND
POSSESSIONS OF THE UNITED STATES FOR CERTAIN HEALTH
CARE SERVICES.
(a) Availability of Transportation.--Chapter 157 of title
10, United States Code, is amended by inserting after section
2641a the following new section:
``Sec. 2641b. Space-available travel on Department of Defense aircraft:
retired members residing in Commonwealths and
possessions of the United States for certain health
care services
``(a) Priority Transportation.--The Secretary of Defense
shall provide transportation on Department of Defense aircraft
on a space-available basis for any member or former member of
the uniformed services described in subsection (b), and a
single dependent of the member if needed to accompany the
member, at a priority level in the same category as the
priority level for an unaccompanied dependent over the age of
18 traveling on environmental and morale leave.
``(b) Eligible Members and Former Members.--A member or
former member eligible for priority transport under subsection
(a) is a covered beneficiary under chapter 55 of this title
who--
``(1) is entitled to retired or retainer pay;
``(2) resides in or is located in a Commonwealth or
possession of the United States; and
``(3) is referred by a military or civilian primary
care provider located in that Commonwealth or
possession to a specialty care provider for services to
be provided outside of that Commonwealth or possession.
``(c) Scope of Priority.--The increased priority for space-
available transportation required by subsection (a) applies
with respect to both--
``(1) the travel from the Commonwealth or
possession of the United States to receive the
specialty care services; and
``(2) the return travel.
``(d) Definitions.--In this section, the terms `primary
care provider' and `specialty care provider' refer to a medical
or dental professional who provides health care services under
chapter 55 of this title.
``(e) Regulations.--The Secretary of Defense shall
prescribe regulations to implement this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2641a the following new item:
``2641b. Space-available travel on Department of Defense aircraft:
retired members residing in Commonwealths and possessions of
the United States for certain health care services.''.
SEC. 375. RECOVERY OF MISSING MILITARY PROPERTY.
(a) In General.--Chapter 165 of title 10, United States
Code, is amended by adding at the end the following new
sections:
``Sec. 2788. Property accountability: regulations
``The Secretary of a military department may prescribe
regulations for the accounting for the property of that
department and the fixing of responsibility for that property.
``Sec. 2789. Individual equipment: unauthorized disposition
``(a) Prohibition.--No member of the armed forces may sell,
lend, pledge, barter, or give any clothing, arms, or equipment
furnished to such member by the United States to any person
other than a member of the armed forces or an officer of the
United States who is authorized to receive it.
``(b) Seizure of Improperly Disposed Property.--If a member
of the armed forces has disposed of property in violation of
subsection (a) and the property is in the possession of a
person who is neither a member of the armed forces nor an
officer of the United States who is authorized to receive it,
that person has no right to or interest in the property, and
any civil or military officer of the United States may seize
the property, wherever found, subject to applicable
regulations. Possession of such property furnished by the
United States to a member of the armed forces by a person who
is neither a member of the armed forces, nor an officer of the
United States, is prima facie evidence that the property has
been disposed of in violation of subsection (a).
``(c) Delivery of Seized Property.--If an officer who
seizes property under subsection (b) is not authorized to
retain it for the United States, the officer shall deliver the
property to a person who is authorized to retain it.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new items:
``2788. Property accountability: regulations.
``2789. Individual equipment: unauthorized disposition.''.
(c) Conforming Amendments.--
(1) In general.--Such title is further amended by
striking the following sections:
(A) Section 4832.
(B) Section 4836.
(C) Section 9832.
(D) Section 9836.
(2) Clerical amendments.--
(A) Chapter 453.--The table of sections at
the beginning of chapter 453 of such title is
amended by striking the items relating to
sections 4832 and 4836.
(B) Chapter 953.--The table of sections at
the beginning of chapter 953 of such title is
amended by striking the items relating to
sections 9832 and 9836.
SEC. 376. RETENTION OF COMBAT UNIFORMS BY MEMBERS OF THE ARMED FORCES
DEPLOYED IN SUPPORT OF CONTINGENCY OPERATIONS.
(a) Retention of Combat Uniforms.--Chapter 152 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2568. Retention of combat uniforms by members deployed in
support of contingency operations
``The Secretary of a military department may authorize a
member of the armed forces under the jurisdiction of the
Secretary who has been deployed in support of a contingency
operation for at least 30 days to retain, after that member is
no longer so deployed, the combat uniform issued to that member
as organizational clothing and individual equipment.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2568. Retention of combat uniforms by members deployed in support of
contingency operations.''.
SEC. 377. ISSUE OF SERVICEABLE MATERIAL OF THE NAVY OTHER THAN TO ARMED
FORCES.
(a) In General.--Part IV of subtitle C of title 10, United
States Code, is amended by adding at the end the following new
chapter:
``CHAPTER 667--ISSUE OF SERVICEABLE MATERIAL OTHER THAN TO ARMED FORCES
``Sec.
``7911. Arms, tentage, and equipment: educational institutions not
maintaining units of R.O.T.C.
``7912. Rifles and ammunition for target practice: educational
institutions having corps of midshipmen.
``7913. Supplies: military instruction camps.
``Sec. 7911. Arms, tentage, and equipment: educational institutions not
maintaining units of R.O.T.C.
``Under such conditions as he may prescribe, the Secretary
of the Navy may issue arms, tentage, and equipment that the
Secretary considers necessary for proper military training, to
any educational institution at which no unit of the Reserve
Officers' Training Corps is maintained, but which has a course
in military training prescribed by the Secretary and which has
at least 50 physically fit students over 14 years of age.
``Sec. 7912. Rifles and ammunition for target practice: educational
institutions having corps of midshipmen
``(a) Authority To Lend.--The Secretary of the Navy may
lend, without expense to the United States, magazine rifles and
appendages that are not of the existing service models in use
at the time and that are not necessary for a proper reserve
supply, to any educational institution having a uniformed corps
of midshipmen of sufficient number for target practice. The
Secretary may also issue 40 rounds of ball cartridges for each
midshipman for each range at which target practice is held, but
not more than 120 rounds each year for each midshipman
participating in target practice.
``(b) Responsibilities of Institutions.--The institutions
to which property is lent under subsection (a) shall--
``(1) use the property for target practice;
``(2) take proper care of the property; and
``(3) return the property when required.
``(c) Regulations.--The Secretary of the Navy shall
prescribe regulations to carry out this section, containing
such other requirements as he considers necessary to safeguard
the interests of the United States.
``Sec. 7913. Supplies: military instruction camps
``Under such conditions as he may prescribe, the Secretary
of the Navy may issue, to any educational institution at which
an officer of the naval service is detailed as professor of
naval science, such supplies as are necessary to establish and
maintain a camp for the military instruction of its students.
The Secretary shall require a bond in the value of the property
issued under this section, for the care and safekeeping of that
property and except for property properly expended, for its
return when required.''.
(b) Clerical Amendment.--The table of chapters at the
beginning of subtitle C of such title, and the table of
chapters at the beginning of part IV of such subtitle, are each
amended by inserting after the item relating to chapter 665 the
following new item:
``667. Issue of serviceable material other than to Armed Forces.7911.''.
SEC. 378. REAUTHORIZATION OF AVIATION INSURANCE PROGRAM.
Section 44310 of title 49, United States Code, is amended
by striking ``March 30, 2008'' and inserting ``December 31,
2013''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Additional authority for increases of Army and Marine Corps
active duty end strengths for fiscal years 2009 and 2010.
Sec. 404. Increase in authorized strengths for Army officers on active
duty in the grade of major.
Sec. 405. Increase in authorized strengths for Navy officers on active
duty in the grades of lieutenant commander, commander, and
captain.
Sec. 406. Increase in authorized daily average of number of members in
pay grade E-9.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2008 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Sec. 416. Future authorizations and accounting for certain reserve
component personnel authorized to be on active duty or full-
time National Guard duty to provide operational support.
Sec. 417. Revision of variances authorized for Selected Reserve end
strengths.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
(a) In General.--The Armed Forces are authorized strengths
for active duty personnel as of September 30, 2008, as follows:
(1) The Army, 525,400.
(2) The Navy, 329,098.
(3) The Marine Corps, 189,000.
(4) The Air Force, 329,563.
(b) Limitation.--
(1) Army.--The authorized strength for the Army
provided in paragraph (1) of subsection (a) for active
duty personnel for fiscal year 2008 is subject to the
condition that costs of active duty personnel of the
Army for that fiscal year in excess of 489,400 shall be
paid out of funds authorized to be appropriated for
that fiscal year by section 1514.
(2) Marine corps.--The authorized strength for the
Marine Corps provided in paragraph (3) of subsection
(a) for active duty personnel for fiscal year 2008 is
subject to the condition that costs of active duty
personnel of the Marine Corps for that fiscal year in
excess of 180,000 shall be paid out of funds authorized
to be appropriated for that fiscal year by section
1514.
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
Section 691(b) of title 10, United States Code, is amended
by striking paragraphs (1) through (4) and inserting the
following new paragraphs:
``(1) For the Army, 525,400.
``(2) For the Navy, 328,400.
``(3) For the Marine Corps, 189,000.
``(4) For the Air Force, 328,600.''.
SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY AND MARINE CORPS
ACTIVE DUTY END STRENGTHS FOR FISCAL YEARS 2009 AND
2010.
(a) Authority to Increase Army Active Duty End Strengths.--
For each of fiscal years 2009 and 2010, the Secretary of
Defense may, as the Secretary determines necessary for the
purposes described in subsection (c), establish the active-duty
end strength for the Army at a number greater than the number
otherwise authorized by law up to the number equal to the
fiscal-year 2008 baseline plus 22,000.
(b) Marine Corps.--For each of fiscal years 2009 and 2010,
the Secretary of Defense may, as the Secretary determines
necessary for the purposes described in subsection (c),
establish the active-duty end strength for the Marine Corps at
a number greater than the number otherwise authorized by law up
to the number equal to the fiscal-year 2008 baseline plus
13,000.
(c) Purpose of Increases.--The purposes for which increases
may be made in Army and Marine Corps active duty end strengths
under this section are--
(1) to support operational missions; and
(2) to achieve transformational reorganization
objectives, including objectives for increased numbers
of combat brigades and battalions, increased unit
manning, force stabilization and shaping, and
rebalancing of the active and reserve component forces.
(d) Relationship to Presidential Waiver Authority.--Nothing
in this section shall be construed to limit the President's
authority under section 123a of title 10, United States Code,
to waive any statutory end strength in a time of war or
national emergency.
(e) Relationship to Other Variance Authority.--The
authority under this section is in addition to the authority to
vary authorized end strengths that is provided in subsections
(e) and (f) of section 115 of title 10, United States Code.
(f) Budget Treatment.--
(1) Fiscal years 2009 and 2010 budgets.--The budget
for the Department of Defense for fiscal years 2009 and
2010 as submitted to Congress shall comply, with
respect to funding, with subsections (c) and (d) of
section 691 of title 10, United States Code.
(2) Other increases.--If the Secretary of Defense
plans to increase the Army or Marine Corps active duty
end strength for a fiscal year under this section, then
the budget for the Department of Defense for that
fiscal year as submitted to Congress shall include the
amounts necessary for funding that active duty end
strength in excess of the fiscal year 2008 active duty
end strength authorized for that service under section
401.
(g) Definitions.--In this section:
(1) Fiscal-year 2008 baseline.--The term ``fiscal-
year 2008 baseline'', with respect to the Army and
Marine Corps, means the active-duty end strength
authorized for those services in section 401.
(2) Active-duty end strength.--In this subsection,
the term ``active-duty end strength'' means the
strength for active-duty personnel of one of the Armed
Forces as of the last day of a fiscal year.
(h) Repeal of Other Discretionary Authority to Temporarily
Increase Army and Marine Corps Active Duty End Strengths.--
Section 403 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 10
U.S.C. 115 note), as amended by section 403 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2169), is repealed.
SEC. 404. INCREASE IN AUTHORIZED STRENGTHS FOR ARMY OFFICERS ON ACTIVE
DUTY IN THE GRADE OF MAJOR.
The portion of the table in section 523(a)(1) of title 10,
United States Code, relating to the Army is amended to read as
follows:
------------------------------------------------------------------------
``Total number of commissioned Number of officers who may be serving on
officers (excluding officers active duty in grade of:
in categories specified in -----------------------------------------
subsection (b)) on active Lieutenant
duty: Major Colonel Colonel
------------------------------------------------------------------------
Army:
20,000 7,768 5,253 1,613
25,000 8,689 5,642 1,796
30,000 9,611 6,030 1,980
35,000 10,532 6,419 2,163
40,000 11,454 6,807 2,347
45,000 12,375 7,196 2,530
50,000 13,297 7,584 2,713
55,000 14,218 7,973 2,897
60,000 15,140 8,361 3,080
65,000 16,061 8,750 3,264
70,000 16,983 9,138 3,447
75,000 17,903 9,527 3,631
80,000 18,825 9,915 3,814
85,000 19,746 10,304 3,997
90,000 20,668 10,692 4,181
95,000 21,589 11,081 4,364
100,000 22,511 11,469 4,548
110,000 24,354 12,246 4,915
120,000 26,197 13,023 5,281
130,000 28,040 13,800 5,648
170,000 35,412 16,908 7,116''.
------------------------------------------------------------------------
SEC. 405. INCREASE IN AUTHORIZED STRENGTHS FOR NAVY OFFICERS ON ACTIVE
DUTY IN THE GRADES OF LIEUTENANT COMMANDER,
COMMANDER, AND CAPTAIN.
The table in section 523(a)(2) of title 10, United States
Code, is amended to read as follows:
------------------------------------------------------------------------
``Total number of commissioned Number of officers who may be serving on
officers (excluding officers active duty in grade of:
in categories specified in -----------------------------------------
subsection (b)) on active Lieutenant
duty: Commander Commander Captain
------------------------------------------------------------------------
Navy:
30,000 7,698 5,269 2,222
33,000 8,189 5,501 2,334
36,000 8,680 5,733 2,447
39,000 9,172 5,965 2,559
42,000 9,663 6,197 2,671
45,000 10,155 6,429 2,784
48,000 10,646 6,660 2,896
51,000 11,136 6,889 3,007
54,000 11,628 7,121 3,120
57,000 12,118 7,352 3,232
60,000 12,609 7,583 3,344
63,000 13,100 7,813 3,457
66,000 13,591 8,044 3,568
70,000 14,245 8,352 3,718
90,000 17,517 9,890 4,467''.
------------------------------------------------------------------------
SEC. 406. INCREASE IN AUTHORIZED DAILY AVERAGE OF NUMBER OF MEMBERS IN
PAY GRADE E-9.
Section 517(a) of title 10, United States Code, is amended
by striking ``1 percent'' and inserting ``1.25 percent''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 2008, as follows:
(1) The Army National Guard of the United States,
351,300.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 67,800.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States,
106,700.
(6) The Air Force Reserve, 67,500.
(7) The Coast Guard Reserve, 10,000.
(b) End Strength Reductions.--The end strengths prescribed
by subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units
organized to serve as units of the Selected Reserve of
such component which are on active duty (other than for
training) at the end of the fiscal year; and
(2) the total number of individual members not in
units organized to serve as units of the Selected
Reserve of such component who are on active duty (other
than for training or for unsatisfactory participation
in training) without their consent at the end of the
fiscal year.
(c) End Strength Increases.--Whenever units or individual
members of the Selected Reserve of any reserve component are
released from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected
Reserve of such reserve component shall be increased
proportionately by the total authorized strengths of such units
and by the total number of such individual members.
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:
(1) The Army National Guard of the United States,
29,204.
(2) The Army Reserve, 15,870.
(3) The Navy Reserve, 11,579.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States,
13,936.
(6) The Air Force Reserve, 2,721.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as
of the last day of fiscal year 2008 for the reserve components
of the Army and the Air Force (notwithstanding section 129 of
title 10, United States Code) shall be the following:
(1) For the Army Reserve, 8,249.
(2) For the Army National Guard of the United
States, 26,502.
(3) For the Air Force Reserve, 9,909.
(4) For the Air National Guard of the United
States, 22,553.
SEC. 414. FISCAL YEAR 2008 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
(a) Limitations.--
(1) National guard.--Within the limitation provided
in section 10217(c)(2) of title 10, United States Code,
the number of non-dual status technicians employed by
the National Guard as of September 30, 2008, may not
exceed the following:
(A) For the Army National Guard of the
United States, 1,600.
(B) For the Air National Guard of the
United States, 350.
(2) Army reserve.--The number of non-dual status
technicians employed by the Army Reserve as of
September 30, 2008, may not exceed 595.
(3) Air force reserve.--The number of non-dual
status technicians employed by the Air Force Reserve as
of September 30, 2008, may not exceed 90.
(b) Non-Dual Status Technicians Defined.--In this section,
the term ``non-dual status technician'' has the meaning given
that term in section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2008, the maximum number of members of
the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under section
115(b) of title 10, United States Code, is the following:
(1) The Army National Guard of the United States,
17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States,
16,000.
(6) The Air Force Reserve, 14,000.
SEC. 416. FUTURE AUTHORIZATIONS AND ACCOUNTING FOR CERTAIN RESERVE
COMPONENT PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY
OR FULL-TIME NATIONAL GUARD DUTY TO PROVIDE
OPERATIONAL SUPPORT.
(a) Review of Operational Support Missions Performed by
Certain Reserve Component Personnel.--
(1) Review required.--The Secretary of Defense
shall conduct a review of the long-term operational
support missions performed by members of the reserve
components authorized under section 115(b) of title 10,
United States Code, to be on active duty or full-time
National Guard duty for the purpose of providing
operational support, with the objectives of such review
being--
(A) minimizing the number of reserve
component members who perform such service for
a period greater than 1,095 consecutive days,
or cumulatively for 1,095 days out of the
previous 1,460 days; and
(B) determining which long-term operational
support missions being performed by such
members would more appropriately be performed
by members of the Armed Forces on active duty
under other provisions of title 10, United
States Code, or by full-time support personnel
of reserve components.
(2) Submission of results.--Not later than March 1,
2008, the Secretary shall submit to Congress the
results of the review, including a description of the
adjustments in Department of Defense policy to be
implemented as a result of the review and such
recommendations for changes in statute, as the
Secretary considers to be appropriate.
(b) Improved Accounting for Reserve Component Personnel
Providing Operational Support.--Section 115(b) of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(4) As part of the budget justification materials
submitted by the Secretary of Defense to Congress in support of
the end strength authorizations required under subparagraphs
(A) and (B) of subsection (a)(1) for fiscal year 2009 and each
fiscal year thereafter, the Secretary shall provide the
following:
``(A) The number of members, specified by reserve
component, authorized under subparagraphs (A) and (B)
of paragraph (1) who were serving on active duty or
full-time National Guard duty for operational support
beyond each of the limits specified under subparagraphs
(A) and (B) of paragraph (2) at the end of the fiscal
year preceding the fiscal year for which the budget
justification materials are submitted.
``(B) The number of members, specified by reserve
component, on active duty for operational support who,
at the end of the fiscal year for which the budget
justification materials are submitted, are projected to
be serving on active duty or full-time National Guard
duty for operational support beyond such limits.
``(C) The number of members, specified by reserve
component, on active duty or full-time National Guard
duty for operational support who are included in, and
counted against, the end strength authorizations
requested under subparagraphs (A) and (B) of subsection
(a)(1).
``(D) A summary of the missions being performed by
members identified under subparagraphs (A) and (B).''.
SEC. 417. REVISION OF VARIANCES AUTHORIZED FOR SELECTED RESERVE END
STRENGTHS.
Section 115(f)(3) of title 10, United States Code, is
amended by striking ``2 percent'' and inserting ``3 percent''.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
2008 a total of $117,091,420,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 2008.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Assignment of officers to designated positions of importance
and responsibility.
Sec. 502. Enhanced authority for Reserve general and flag officers to
serve on active duty.
Sec. 503. Increase in years of commissioned service threshold for
discharge of probationary officers and for use of force
shaping authority.
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.
Sec. 506. Expansion of authority for reenlistment of officers in their
former enlisted grade.
Sec. 507. Increase in authorized number of permanent professors at the
United States Military Academy.
Sec. 508. Promotion of career military professors of the Navy.
Subtitle B--Reserve Component Management
Sec. 511. Retention of military technicians who lose dual status in the
Selected Reserve due to combat-related disability.
Sec. 512. Constructive service credit upon original appointment of
Reserve officers in certain health care professions.
Sec. 513. Mandatory separation of Reserve officers in the grade of
lieutenant general or vice admiral after completion of 38
years of commissioned service.
Sec. 514. Maximum period of temporary Federal recognition of person as
Army National Guard officer or Air National Guard officer.
Sec. 515. Advance notice to members of reserve components of deployment
in support of contingency operations.
Sec. 516. Report on relief from professional licensure and certification
requirements for reserve component members on long-term active
duty.
Subtitle C--Education and Training
Sec. 521. Revisions to authority to pay tuition for off-duty training or
education.
Sec. 522. Reduction or elimination of service obligation in an Army
Reserve or Army National Guard troop program unit for certain
persons selected as medical students at Uniformed Services
University of the Health Sciences.
Sec. 523. Repeal of annual limit on number of ROTC scholarships under
Army Reserve and Army National Guard financial assistance
program.
Sec. 524. Treatment of prior active service of members in uniformed
medical accession programs.
Sec. 525. Repeal of post-2007-2008 academic year prohibition on phased
increase in cadet strength limit at the United States Military
Academy.
Sec. 526. National Defense University master's degree programs.
Sec. 527. Authority of the Air University to confer degree of master of
science in flight test engineering.
Sec. 528. Enhancement of education benefits for certain members of
reserve components.
Sec. 529. Extension of period of entitlement to educational assistance
for certain members of the Selected Reserve affected by force
shaping initiatives.
Sec. 530. Time limit for use of educational assistance benefit for
certain members of reserve components and resumption of
benefit.
Sec. 531. Secretary of Defense evaluation of the adequacy of the degree-
granting authorities of certain military universities and
educational institutions.
Sec. 532. Report on success of Army National Guard and Reserve Senior
Reserve Officers' Training Corps financial assistance program.
Sec. 533. Report on utilization of tuition assistance by members of the
Armed Forces.
Sec. 534. Navy Junior Reserve Officers' Training Corps unit for
Southold, Mattituck, and Greenport High Schools.
Sec. 535. Report on transfer of administration of certain educational
assistance programs for members of the reserve components.
Subtitle D--Military Justice and Legal Assistance Matters
Sec. 541. Authority to designate civilian employees of the Federal
Government and dependents of deceased members as eligible for
legal assistance from Department of Defense legal staff
resources.
Sec. 542. Authority of judges of the United States Court of Appeals for
the Armed Forces to administer oaths.
Sec. 543. Modification of authorities on senior members of the Judge
Advocate Generals' Corps.
Sec. 544. Prohibition against members of the Armed Forces participating
in criminal street gangs.
Subtitle E--Military Leave
Sec. 551. Temporary enhancement of carryover of accumulated leave for
members of the Armed Forces.
Sec. 552. Enhancement of rest and recuperation leave.
Subtitle F--Decorations and Awards
Sec. 561. Authorization and request for award of Medal of Honor to
Leslie H. Sabo, Jr., for acts of valor during the Vietnam War.
Sec. 562. Authorization and request for award of Medal of Honor to Henry
Svehla for acts of valor during the Korean War.
Sec. 563. Authorization and request for award of Medal of Honor to
Woodrow W. Keeble for acts of valor during the Korean War.
Sec. 564. Authorization and request for award of Medal of Honor to
Private Philip G. Shadrach for acts of valor as one of
Andrews' Raiders during the Civil War.
Sec. 565. Authorization and request for award of Medal of Honor to
Private George D. Wilson for acts of valor as one of Andrews'
Raiders during the Civil War.
Subtitle G--Impact Aid and Defense Dependents Education System
Sec. 571. Continuation of authority to assist local educational agencies
that benefit dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 572. Impact aid for children with severe disabilities.
Sec. 573. Inclusion of dependents of non-department of Defense employees
employed on Federal property in plan relating to force
structure changes, relocation of military units, or base
closures and realignments.
Sec. 574. Payment of private boarding school tuition for military
dependents in overseas areas not served by defense dependents'
education system schools.
Subtitle H--Military Families
Sec. 581. Department of Defense Military Family Readiness Council and
policy and plans for military family readiness.
Sec. 582. Yellow Ribbon Reintegration Program.
Sec. 583. Study to enhance and improve support services and programs for
families of members of regular and reserve components
undergoing deployment.
Sec. 584. Protection of child custody arrangements for parents who are
members of the Armed Forces deployed in support of a
contingency operation.
Sec. 585. Family leave in connection with injured members of the Armed
Forces.
Sec. 586. Family care plans and deferment of deployment of single parent
or dual military couples with minor dependents.
Sec. 587. Education and treatment services for military dependent
children with autism.
Sec. 588. Commendation of efforts of Project Compassion in paying
tribute to members of the Armed Forces who have fallen in the
service of the United States.
Subtitle I--Other Matters
Sec. 590. Uniform performance policies for military bands and other
musical units.
Sec. 591. Transportation of remains of deceased members of the Armed
Forces and certain other persons.
Sec. 592. Expansion of number of academies supportable in any State
under STARBASE program.
Sec. 593. Gift acceptance authority.
Sec. 594. Conduct by members of the Armed Forces and veterans out of
uniform during hoisting, lowering, or passing of United States
flag.
Sec. 595. Annual report on cases reviewed by National Committee for
Employer Support of the Guard and Reserve.
Sec. 596. Modification of Certificate of Release or Discharge from
Active Duty (DD Form 214).
Sec. 597. Reports on administrative separations of members of the Armed
Forces for personality disorder.
Sec. 598. Program to commemorate 50th anniversary of the Vietnam War.
Sec. 599. Recognition of members of the Monuments, Fine Arts, and
Archives program of the Civil Affairs and Military Government
Sections of the Armed Forces during and following World War
II.
Subtitle A--Officer Personnel Policy
SEC. 501. ASSIGNMENT OF OFFICERS TO DESIGNATED POSITIONS OF IMPORTANCE
AND RESPONSIBILITY.
(a) Continuation in Grade While Awaiting Orders.--Section
601(b) of title 10, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph
(3);
(2) by redesignating paragraph (4) as paragraph
(5); and
(3) by inserting after paragraph (3) the following
new paragraph (4):
``(4) at the discretion of the Secretary of
Defense, while the officer is awaiting orders after
being relieved from the position designated under
subsection (a) or by law to carry one of those grades,
but not for more than 60 days beginning on the day the
officer is relieved from the position, unless, during
such period, the officer is placed under orders to
another position designated under subsection (a) or by
law to carry one of those grades, in which case
paragraph (2) will also apply to the officer; and''.
(b) Conforming Amendment Regarding General and Flag Officer
Ceilings.--Section 525(e) of such title is amended by striking
paragraph (2) and inserting the following new paragraph:
``(2) At the discretion of the Secretary of
Defense, an officer of that armed force who has been
relieved from a position designated under section
601(a) of this title or by law to carry one of the
grades specified in such section, but only during the
60-day period beginning on the date on which the
assignment of the officer to the first position is
terminated or until the officer is assigned to a second
such position, whichever occurs first.''.
SEC. 502. ENHANCED AUTHORITY FOR RESERVE GENERAL AND FLAG OFFICERS TO
SERVE ON ACTIVE DUTY.
Section 526(d) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' before ``The
limitations''; and
(2) by adding at the end the following new
paragraph:
``(2) The limitations of this section also do not apply to
a number, as specified by the Secretary of the military
department concerned, of reserve component general or flag
officers authorized to serve on active duty for a period of not
more than 365 days. The number so specified for an armed force
may not exceed the number equal to 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.''.
SEC. 503. INCREASE IN YEARS OF COMMISSIONED SERVICE THRESHOLD FOR
DISCHARGE OF PROBATIONARY OFFICERS AND FOR USE OF
FORCE SHAPING AUTHORITY.
(a) Active-Duty List Officers.--
(1) Extended probationary period.--Paragraph (1)(A)
of section 630 of title 10, United States Code, is
amended by striking ``five years'' and inserting ``six
years''.
(2) Section heading.--The heading of such section
is amended by striking ``five years'' and inserting
``six years''.
(3) Table of sections.--The item relating to such
section in the table of sections at the beginning of
subchapter III of chapter 36 of such title is amended
to read as follows:
``630. Discharge of commissioned officers with less than six years of
active commissioned service or found not qualified for
promotion for first lieutenant or lieutenant (junior
grade).''.
(b) Officer Force Shaping Authority.--Section 647(b)(1) of
such title is amended by striking ``5 years'' both places it
appears and inserting ``six years''.
(c) Reserve Officers.--
(1) Extended probationary period.--Subsection
(a)(1) of section 14503 of such title is amended by
striking ``five years'' and inserting ``six years''.
(2) Section heading.--The heading of such section
is amended by striking ``five years'' and inserting
``six years''.
(3) Table of sections.--The item relating to such
section in the table of sections at the beginning of
chapter 1407 of such title is amended to read as
follows:
``14503. Discharge of officers with less than six years of commissioned
service or found not qualified for promotion to first
lieutenant or lieutenant (junior grade).''.
SEC. 504. MANDATORY RETIREMENT AGE FOR ACTIVE-DUTY GENERAL AND FLAG
OFFICERS CONTINUED ON ACTIVE DUTY.
Section 637(b)(3) of title 10, United States Code, is
amended by striking ``but such period may not (except as
provided under section 1251(b) of this title) extend beyond the
date of the officer's sixty-second birthday'' and inserting
``except as provided under section 1251 or 1253 of this
title''.
SEC. 505. AUTHORITY FOR REDUCED MANDATORY SERVICE OBLIGATION FOR
INITIAL APPOINTMENTS OF OFFICERS IN CRITICALLY
SHORT HEALTH PROFESSIONAL SPECIALTIES.
Section 651 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(c)(1) For the armed forces under the jurisdiction of the
Secretary of Defense, the Secretary may waive the initial
period of required service otherwise established pursuant to
subsection (a) in the case of the initial appointment of a
commissioned officer in a critically short health professional
specialty specified by the Secretary for purposes of this
subsection.
``(2) The minimum period of obligated service for an
officer under a waiver under this subsection shall be the
greater of--
``(A) two years; or
``(B) in the case of an officer who has accepted an
accession bonus or executed a contract or agreement for
the multiyear receipt of special pay for service in the
armed forces, the period of obligated service specified
in such contract or agreement.''.
SEC. 506. EXPANSION OF AUTHORITY FOR REENLISTMENT OF OFFICERS IN THEIR
FORMER ENLISTED GRADE.
(a) Regular Army.--Section 3258 of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking ``a Reserve officer'' and
inserting ``an officer''; and
(B) by striking ``a temporary appointment''
and inserting ``an appointment''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``a
Reserve officer'' and inserting ``an officer'';
and
(B) in paragraph (2), by striking ``the
Reserve commission'' and inserting ``the
commission''.
(b) Regular Air Force.--Section 8258 of such title is
amended--
(1) in subsection (a)--
(A) by striking ``a reserve officer'' and
inserting ``an officer''; and
(B) by striking ``a temporary appointment''
and inserting ``an appointment''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``a
Reserve officer'' and inserting ``an officer'';
and
(B) in paragraph (2), by striking ``the
Reserve commission'' and inserting ``the
commission''.
SEC. 507. INCREASE IN AUTHORIZED NUMBER OF PERMANENT PROFESSORS AT THE
UNITED STATES MILITARY ACADEMY.
Paragraph (4) of section 4331(b) of title 10, United States
Code, is amended to read as follows:
``(4) Twenty-eight permanent professors.''.
SEC. 508. PROMOTION OF CAREER MILITARY PROFESSORS OF THE NAVY.
(a) Promotion.--
(1) In general.--Chapter 603 of title 10, United
States Code, is amended--
(A) by redesignating section 6970 as
section 6970a; and
(B) by inserting after section 6969 the
following new section 6970:
``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.
``(b) Effective Date of Promotion.--If made, the promotion
of an officer under subsection (a) shall be effective not
earlier than three years after the selection of the officer as
a permanent professor as described in that subsection.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by striking
the item relating to section 6970 and inserting the
following new items:
``6970. Permanent professors: promotion.
``6970a. Permanent professors: retirement for years of service;
authority for deferral.''.
(b) Conforming Amendments.--Section 641(2) of such title is
amended--
(1) by striking ``and the registrar'' and inserting
``, the registrar''; and
(2) by inserting before the period at the end the
following: ``, and permanent professors of the Navy (as
defined in regulations prescribed by the Secretary of
the Navy)''.
(c) Competitive Selection Assessment.--The Secretary of
Defense shall conduct an assessment of the effectiveness of the
promotion system established under section 6970 of title 10,
United States Code, as added by subsection (a), for permanent
professors of the United States Naval Academy, including an
evaluation of the extent to which the implementation of the
promotion system has resulted in a competitive environment for
the selection of permanent professors and an evaluation of
whether the goals of the permanent professor program have been
achieved, including adequate career progression and promotion
opportunities for participating officers. Not later than
December 31, 2009, the Secretary shall submit to the
congressional defense committees a report containing the
results of the assessment.
(d) Use of Exclusions From Authorized Officer Strengths.--
Not later than March 31, 2008, the Secretary of the Navy shall
submit to the congressional defense committees a report
describing the plans of the Secretary for utilization of
authorized exemptions under section 523(b)(8) of title 10,
United States Code, and a discussion of the Navy's requirement,
if any, and projections for use of additional exemptions by
grade.
Subtitle B--Reserve Component Management
SEC. 511. RETENTION OF MILITARY TECHNICIANS WHO LOSE DUAL STATUS IN THE
SELECTED RESERVE DUE TO COMBAT-RELATED DISABILITY.
Section 10216 of title 10, United States Code, is amended
by inserting after subsection (f) the following new subsection:
``(g) Retention of Military Technicians Who Lose Dual
Status Due to Combat-Related Disability.--(1) Notwithstanding
subsection (d) of this section or subsections (a)(3) and (b) of
section 10218 of this title, if a military technician (dual
status) loses such dual status as the result of a combat-
related disability (as defined in section 1413a of this title),
the person may be retained as a non-dual status technician so
long as--
``(A) the combat-related disability does not
prevent the person from performing the non-dual status
functions or position; and
``(B) the person, while a non-dual status
technician, is not disqualified from performing the
non-dual status functions or position because of
performance, medical, or other reasons.
``(2) A person so retained shall be removed not later than
30 days after becoming eligible for an unreduced annuity and
becoming 60 years of age.
``(3) Persons retained under the authority of this
subsection do not count against the limitations of section
10217(c) of this title.''.
SEC. 512. CONSTRUCTIVE SERVICE CREDIT UPON ORIGINAL APPOINTMENT OF
RESERVE OFFICERS IN CERTAIN HEALTH CARE
PROFESSIONS.
(a) Inclusion of Additional Health Care Professions.--
Paragraph (2) of section 12207(b) of title 10, United States
Code, is amended to read as follows:
``(2)(A) If the Secretary of Defense determines that the
number of officers in a health profession described in
subparagraph (B) who are serving in an active status in a
reserve component of the Army, Navy, or Air Force in grades
below major or lieutenant commander is critically below the
number needed in such health profession by such reserve
component in such grades, the Secretary of Defense may
authorize the Secretary of the military department concerned to
credit any person who is receiving an original appointment as
an officer for service in such health profession with a period
of constructive credit in such amount (in addition to any
amount credited such person under paragraph (1)) as will result
in the grade of such person being that of captain or, in the
case of the Navy Reserve, lieutenant.
``(B) The types of health professions referred to in
subparagraph (A) include the following:
``(i) Any health profession performed by officers
in the Medical Corps of the Army or the Navy or by
officers of the Air Force designated as a medical
officer.
``(ii) Any health profession performed by officers
in the Dental Corps of the Army or the Navy or by
officers of the Air Force designated as a dental
officer.
``(iii) Any health profession performed by officers
in the Medical Service Corps of the Army or the Navy or
by officers of the Air Force designated as a medical
service officer or biomedical sciences officer.
``(iv) Any health profession performed by officers
in the Army Medical Specialist Corps.
``(v) Any health profession performed by officers
of the Nurse Corps of the Army or the Navy or by
officers of the Air Force designated as a nurse.
``(vi) Any health profession performed by officers
in the Veterinary Corps of the Army or by officers
designated as a veterinary officer.''.
(b) Conforming Amendment.--Paragraph (3) of such section is
amended by striking ``a medical or dental officer'' and
inserting ``officers covered by paragraph (2)''.
SEC. 513. MANDATORY SEPARATION OF RESERVE OFFICERS IN THE GRADE OF
LIEUTENANT GENERAL OR VICE ADMIRAL AFTER COMPLETION
OF 38 YEARS OF COMMISSIONED SERVICE.
(a) Mandatory Separation.--Section 14508 of title 10,
United States Code, is amended--
(1) by redesignating subsections (c), (d), and (e)
as subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (b) the following
new subsection (c):
``(c) Thirty-Eight Years of Service for Lieutenant Generals
and Vice Admirals.--Unless retired, transferred to the Retired
Reserve, or discharged at an earlier date, each reserve officer
of the Army, Air Force, or Marine Corps in the grade of
lieutenant general and each reserve officer of the Navy in the
grade of vice admiral shall be separated in accordance with
section 14514 of this title on the later of the following:
``(1) 30 days after completion of 38 years of
commissioned service.
``(2) The fifth anniversary of the date of the
officer's appointment in the grade of lieutenant
general or vice admiral.''.
(b) Clerical Amendments.--Such section is further amended--
(1) in subsection (a), by inserting ``for Brigadier
Generals and Rear Admirals (Lower Half)'' after
``Grade'' in the subsection heading; and
(2) in subsection (b), by inserting ``for Major
Generals and Rear Admirals'' after ``Grade'' in the
subsection heading.
SEC. 514. MAXIMUM PERIOD OF TEMPORARY FEDERAL RECOGNITION OF PERSON AS
ARMY NATIONAL GUARD OFFICER OR AIR NATIONAL GUARD
OFFICER.
Section 308(a) of title 32, United States Code, is amended
in the last sentence by striking ``six months'' and inserting
``one year''.
SEC. 515. ADVANCE NOTICE TO MEMBERS OF RESERVE COMPONENTS OF DEPLOYMENT
IN SUPPORT OF CONTINGENCY OPERATIONS.
(a) Advance Notice Required.--The Secretary of a military
department shall ensure that a member of a reserve component
under the jurisdiction of that Secretary who will be called or
ordered to active duty for a period of more than 30 days in
support of a contingency operation (as defined in section
101(a)(13) of title 10, United States Code) receives notice in
advance of the mobilization date. In so far as is practicable,
the notice shall be provided not less than 30 days before the
mobilization date, but with a goal of 90 days before the
mobilization date.
(b) Reduction or Waiver of Notice Requirement.--The
Secretary of Defense may waive the requirement of subsection
(a), or authorize shorter notice than the minimum specified in
such subsection, during a war or national emergency declared by
the President or Congress or to meet mission requirements. If
the waiver or reduction is made on account of mission
requirements, the Secretary shall submit to Congress a report
detailing the reasons for the waiver or reduction and the
mission requirements at issue.
SEC. 516. REPORT ON RELIEF FROM PROFESSIONAL LICENSURE AND
CERTIFICATION REQUIREMENTS FOR RESERVE COMPONENT
MEMBERS ON LONG-TERM ACTIVE DUTY.
(a) Study.--The Comptroller General of the United States
shall conduct a study of the requirements to maintain licensure
or certification by members of the National Guard or other
reserve components of the Armed Forces while on active duty for
an extended period of time.
(b) Elements of Study.--In the study, the Comptroller
General shall--
(1) identify the number and type of professional or
other licensure or certification requirements that may
be adversely impacted by extended periods of active
duty; and
(2) determine mechanisms that would provide relief
from professional or other licensure or certification
requirements for members of the reserve components
while on active duty for an extended period of time.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Comptroller General shall submit to
the Committees on Armed Services of the Senate and House of
Representative a report containing the results of the study and
such recommendations as the Comptroller General considers
appropriate to provide further relief for members of the
reserve components from professional or other licensure or
certification requirements while on active duty for an extended
period of time.
Subtitle C--Education and Training
SEC. 521. REVISIONS TO AUTHORITY TO PAY TUITION FOR OFF-DUTY TRAINING
OR EDUCATION.
(a) Inclusion of Coast Guard.--Subsection (a) of section
2007 of title 10, United States Code, is amended by striking
``Subject to subsection (b), the Secretary of a military
department'' and inserting ``Subject to subsections (b) and
(c), the Secretary concerned''.
(b) Commissioned Officers on Active Duty.--Subsection (b)
of such section is amended--
(1) in paragraph (1)--
(A) by inserting after ``commissioned
officer on active duty'' the following:
``(other than a member of the Ready Reserve)'';
(B) by striking ``the Secretary of the
military department concerned'' and inserting
``the Secretary concerned''; and
(C) by striking ``or full-time National
Guard duty'' both places it appears; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph
(A), by striking ``the Secretary of the
military department'' and inserting ``the
Secretary concerned'';
(B) in subparagraph (B), by inserting after
``active duty service'' the following: ``for
which the officer was ordered to active duty'';
and
(C) in subparagraph (C), by striking
``Secretary'' and inserting ``Secretary
concerned''.
(c) Authority To Pay Tuition Assistance to Members of the
Ready Reserve.--
(1) Availability of assistance.--Subsection (c) of
such section is amended to read as follows:
``(c)(1) Subject to paragraphs (3) and (5), the Secretary
concerned may pay the charges of an educational institution for
the tuition or expenses described in subsection (a) of a member
of the Selected Reserve.
``(2) Subject to paragraphs (4) and (5), the Secretary
concerned may pay the charges of an educational institution for
the tuition or expenses described in subsection (a) of a member
of the Individual Ready Reserve who has a military occupational
specialty designated by the Secretary concerned for purposes of
this subsection.
``(3) The Secretary concerned may not pay charges under
paragraph (1) for tuition or expenses of an officer of the
Selected Reserve unless the officer enters into an agreement to
remain a member of the Selected Reserve for at least four years
after completion of the education or training for which the
charges are paid.
``(4) The Secretary concerned may not pay charges under
paragraph (2) for tuition or expenses of an officer of the
Individual Ready Reserve unless the officer enters into an
agreement to remain in the Selected Reserve or Individual Ready
Reserve for at least four years after completion of the
education or training for which the charges are paid.
``(5) The Secretary of a military department may require an
enlisted member of the Selected Reserve or Individual Ready
Reserve to enter into an agreement to serve for up to four
years in the Selected Reserve or Individual Ready Reserve, as
the case may be, after completion of the education or training
for which tuition or expenses are paid under paragraph (1) or
(2), as applicable.''.
(2) Repeal of superseded provision.--Such section
is further amended--
(A) by striking subsection (d); and
(B) by redesignating subsections (e) and
(f) as subsections (d) and (e), respectively.
(3) Repayment of unearned benefit.--Subsection (e)
of such section, as redesignated by paragraph (2) of
this subsection, is amended--
(A) by inserting ``(1)'' after ``(e)''; and
(B) by adding at the end the following new
paragraph:
``(2) If a member of the Ready Reserve who enters into an
agreement under subsection (c) does not complete the period of
service specified in the agreement, the member shall be subject
to the repayment provisions of section 303a(e) of title 37.''.
(d) Regulations.--Such section is further amended by adding
at the end the following new subsection:
``(f) This section shall be administered under regulations
prescribed by the Secretary of Defense or, with respect to the
Coast Guard when it is not operating as a service in the Navy,
the Secretary of Homeland Security.''.
(e) Study.--
(1) Study required.--The Secretary of Defense shall
carry out a study on the tuition assistance program
carried out under section 2007 of title 10, United
States Code. The study shall--
(A) identify the number of members of the
Armed Forces eligible for assistance under the
program, and the number who actually receive
the assistance;
(B) assess the extent to which the program
affects retention rates; and
(C) assess the extent to which State
tuition assistance programs affect retention
rates in those States.
(2) Report.--Not later than nine months after the
date of the enactment of this Act, the Secretary shall
submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report containing the results of the
study.
SEC. 522. REDUCTION OR ELIMINATION OF SERVICE OBLIGATION IN AN ARMY
RESERVE OR ARMY NATIONAL GUARD TROOP PROGRAM UNIT
FOR CERTAIN PERSONS SELECTED AS MEDICAL STUDENTS AT
UNIFORMED SERVICES UNIVERSITY OF THE HEALTH
SCIENCES.
Paragraph (3) of section 2107a(b) of title 10, United
States Code, is amended to read as follows:
``(3)(A) Subject to subparagraph (C), in the case of a
person described in subparagraph (B), the Secretary may, at any
time and with the consent of the person, modify an agreement
described in paragraph (1)(F) submitted by the person for the
purpose of reducing or eliminating the troop program unit
service obligation specified in the agreement and to establish,
in lieu of that obligation, an active duty service obligation.
``(B) Subparagraph (A) applies with respect to the
following persons:
``(i) A cadet under this section at a military
junior college.
``(ii) A cadet or former cadet under this section
who is selected under section 2114 of this title to be
a medical student at the Uniformed Services University
of the Health Sciences.
``(iii) A cadet or former cadet under this section
who signs an agreement under section 2122 of this title
for participation in the Armed Forces Health
Professions Scholarship and Financial Assistance
program.
``(C) The modification of an agreement described in
paragraph (1)(F) may be made only if the Secretary determines
that it is in the best interests of the United States to do
so.''.
SEC. 523. REPEAL OF ANNUAL LIMIT ON NUMBER OF ROTC SCHOLARSHIPS UNDER
ARMY RESERVE AND ARMY NATIONAL GUARD FINANCIAL
ASSISTANCE PROGRAM.
Section 2107a(h) of title 10, United States Code, is
amended by striking ``not more than 416 cadets each year under
this section, to include'' and inserting ``each year under this
section''.
SEC. 524. TREATMENT OF PRIOR ACTIVE SERVICE OF MEMBERS IN UNIFORMED
MEDICAL ACCESSION PROGRAMS.
(a) Medical Students of USUHS.--
(1) Treatment of students with prior active
service.--Section 2114 of title 10, United States Code,
is amended--
(A) by redesignating subsections (c)
through (h) as subsections (d) through (i),
respectively; and
(B) in subsection (b)--
(i) by inserting ``(1)'' after
``(b)''; and
(ii) by inserting after the second
sentence the following new paragraph:
``(2) If a member of the uniformed services selected to be
a student has prior active service in a pay grade and with
years of service credited for pay that would entitle the
member, if the member remained in the former grade, to a rate
of basic pay in excess of the rate of basic pay for regular
officers in the grade of second lieutenant or ensign, the
member shall be paid basic pay based on the former grade and
years of service credited for pay. The amount of such basic pay
for the member shall be increased on January 1 of each year by
the percentage by which basic pay is increased on average on
that date for that year, and the member shall continue to
receive basic pay based on the former grade and years of
service until the date, whether occurring before or after
graduation, on which the basic pay for the member in the
member's actual grade and years of service credited for pay
exceeds the amount of basic pay to which the member is entitled
based on the member's former grade and years of service.''.
(2) Conforming amendments.--Such section is further
amended--
(A) in subsection (b), by striking ``Upon
graduation they'' and inserting the following:
``(c) Medical students who graduate''; and
(B) in subsection (i), as redesignated by
paragraph (1), by striking ``subsection (b)''
and inserting ``subsection (c)''.
(b) Participants in Health Professions Scholarship and
Financial Assistance Program.--Section 2121(c) of such title is
amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following new
paragraph:
``(2) If a member of the uniformed services selected to
participate in the program as a medical student has prior
active service in a pay grade and with years of service
credited for pay that would entitle the member, if the member
remained in the former grade, to a rate of basic pay in excess
of the rate of basic pay for regular officers in the grade of
second lieutenant or ensign, the member shall be paid basic pay
based on the former grade and years of service credited for
pay. The amount of such basic pay for the member shall be
increased on January 1 of each year by the percentage by which
basic pay is increased on average on that date for that year,
and the member shall continue to receive basic pay based on the
former grade and years of service until the date, whether
occurring before or after the conclusion of such participation,
on which the basic pay for the member in the member's actual
grade and years of service credited for pay exceeds the amount
of basic pay to which the member is entitled based on the
member's former grade and years of service.''.
(c) Officers Detailed as Students at Medical Schools.--
(1) Appointment and treatment of prior active
service.--Section 2004a of such title is amended--
(A) by redesignating subsections (e)
through (h) as subsections (f) through (i),
respectively; and
(B) by inserting after subsection (d) the
following new subsection:
``(e) Appointment and Treatment of Prior Active Service.--
(1) A commissioned officer detailed as a student at a medical
school under subsection (a) shall be appointed as a regular
officer in the grade of second lieutenant or ensign and shall
serve on active duty in that grade with full pay and allowances
of that grade.
``(2) If an officer detailed to be a medical student has
prior active service in a pay grade and with years of service
credited for pay that would entitle the officer, if the officer
remained in the former grade, to a rate of basic pay in excess
of the rate of basic pay for regular officers in the grade of
second lieutenant or ensign, the officer shall be paid basic
pay based on the former grade and years of service credited for
pay. The amount of such basic pay for the officer shall be
increased on January 1 of each year by the percentage by which
basic pay is increased on average on that date for that year,
and the officer shall continue to receive basic pay based on
the former grade and years of service until the date, whether
occurring before or after graduation, on which the basic pay
for the officer in the officer's actual grade and years of
service credited for pay exceeds the amount of basic pay to
which the officer is entitled based on the officer's former
grade and years of service.''.
(2) Technical amendment.--Subsection (c) of such
section is amended by striking ``subsection (c)'' and
inserting ``subsection (b)''.
SEC. 525. REPEAL OF POST-2007-2008 ACADEMIC YEAR PROHIBITION ON PHASED
INCREASE IN CADET STRENGTH LIMIT AT THE UNITED
STATES MILITARY ACADEMY.
Section 4342(j)(1) of title 10, United States Code, is
amended by striking the last sentence.
SEC. 526. NATIONAL DEFENSE UNIVERSITY MASTER'S DEGREE PROGRAMS.
(a) Master of Arts Program Authorized.--Section 2163 of
title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``or master of
arts'' after ``master of science''; and
(2) in subsection (b), by adding at the end the
following new paragraph:
``(4) Master of arts in strategic security
studies.--The degree of master of arts in strategic
security studies, to graduates of the University who
fulfill the requirements of the program at the School
for National Security Executive Education.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section
is amended to read as follows:
``Sec. 2163. National Defense University: master's degree programs''.
(2) Table of contents.--The table of sections at
the beginning of chapter 108 of such title is amended
by striking the item relating to section 2163 and
inserting the following new item:
``2163. National Defense University: master's degree programs.''.
(c) Applicability to 2006-2007 Graduates.--Paragraph (4) of
section 2163(b) of title 10, United States Code, as added by
subsection (a) of this section, applies with respect to any
person who becomes a graduate of the National Defense
University on or after September 6, 2006, and fulfills the
requirements of the program referred to in such paragraph (4).
SEC. 527. AUTHORITY OF THE AIR UNIVERSITY TO CONFER DEGREE OF MASTER OF
SCIENCE IN FLIGHT TEST ENGINEERING.
Section 9317(a) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (4) as paragraph
(5); and
(2) by inserting after paragraph (3) the following
new paragraph:
``(4) The degree of master of science in flight
test engineering upon graduates of the Air Force Test
Pilot School who fulfill the requirements for that
degree in a manner consistent with the recommendations
of the Department of Education and the principles of
the regional accrediting body for the Air
University.''.
SEC. 528. ENHANCEMENT OF EDUCATION BENEFITS FOR CERTAIN MEMBERS OF
RESERVE COMPONENTS.
(a) Accelerated Payment of Educational Assistance for
Members of the Selected Reserve.--
(1) In general.--Chapter 1606 of title 10, United
States Code, is amended by inserting after section
16131 the following new section:
``Sec. 16131a. Accelerated payment of educational assistance
``(a) The educational assistance allowance payable under
section 16131 of this title with respect to an eligible person
described in subsection (b) may, upon the election of such
eligible person, be paid on an accelerated basis in accordance
with this section.
``(b) An eligible person described in this subsection is a
person entitled to educational assistance under this chapter
who is--
``(1) enrolled in an approved program of education
not exceeding two years in duration and not leading to
an associate, bachelors, masters, or other degree,
subject to subsection (g); and
``(2) charged tuition and fees for the program of
education that, when divided by the number of months
(and fractions thereof) in the enrollment period,
exceeds the amount equal to 200 percent of the monthly
rate of educational assistance allowance otherwise
payable with respect to the person under section 16131
of this title.
``(c)(1) The amount of the accelerated payment of
educational assistance payable with respect to an eligible
person making an election under subsection (a) for a program of
education shall be the lesser of--
``(A) the amount equal to 60 percent of the
established charges for the program of education; or
``(B) the aggregate amount of educational
assistance allowance to which the person remains
entitled under this chapter at the time of the payment.
``(2)(A) In this subsection, except as provided in
subparagraph (B), the term `established charges', in the case
of a program of education, means the actual charges (as
determined pursuant to regulations prescribed by the Secretary
of Veterans Affairs) for tuition and fees which similarly
circumstanced individuals who are not eligible for benefits
under this chapter and who are enrolled in the program of
education would be required to pay. Established charges shall
be determined on the following basis:
``(i) In the case of an individual enrolled in a
program of education offered on a term, quarter, or
semester basis, the tuition and fees charged the
individual for the term, quarter, or semester.
``(ii) In the case of an individual enrolled in a
program of education not offered on a term, quarter, or
semester basis, the tuition and fees charged the
individual for the entire program of education.
``(B) In this subsection, the term `established charges'
does not include any fees or payments attributable to the
purchase of a vehicle.
``(3) The educational institution providing the program of
education for which an accelerated payment of educational
assistance allowance is elected by an eligible person under
subsection (a) shall certify to the Secretary of Veterans
Affairs the amount of the established charges for the program
of education.
``(d) An accelerated payment of educational assistance
allowance made with respect to an eligible person under this
section for a program of education shall be made not later than
the last day of the month immediately following the month in
which the Secretary of Veterans Affairs receives a
certification from the educational institution regarding--
``(1) the person's enrollment in and pursuit of the
program of education; and
``(2) the amount of the established charges for the
program of education.
``(e)(1) Except as provided in paragraph (2), for each
accelerated payment of educational assistance allowance made
with respect to an eligible person under this section, the
person's entitlement to educational assistance under this
chapter shall be charged the number of months (and any fraction
thereof) determined by dividing the amount of the accelerated
payment by the full-time monthly rate of educational assistance
allowance otherwise payable with respect to the person under
section 16131 of this title as of the beginning date of the
enrollment period for the program of education for which the
accelerated payment is made.
``(2) If the monthly rate of educational assistance
allowance otherwise payable with respect to an eligible person
under section 16131 of this title increases during the
enrollment period of a program of education for which an
accelerated payment of educational assistance allowance is made
under this section, the charge to the person's entitlement to
educational assistance under this chapter shall be determined
by prorating the entitlement chargeable, in the manner provided
for under paragraph (1), for the periods covered by the initial
rate and increased rate, respectively, in accordance with
regulations prescribed by the Secretary of Veterans Affairs.
``(f) The Secretary of Veterans Affairs shall prescribe
regulations to carry out this section. The regulations shall
include requirements, conditions, and methods for the request,
issuance, delivery, certification of receipt and use, and
recovery of overpayment of an accelerated payment of
educational assistance allowance under this section. The
regulations may include such elements of the regulations
prescribed under section 3014A of title 38 as the Secretary of
Veterans Affairs considers appropriate for purposes of this
section.
``(g) The aggregate amount of educational assistance
payable under this section in any fiscal year for enrollments
covered by subsection (b)(1) may not exceed $4,000,000.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 1606 of such title is amended
by inserting after the item relating to section 16131
the following new item:
``16131a. Accelerated payment of educational assistance.''.
(3) Effective date.--The amendments made by this
subsection shall take effect on October 1, 2008, and
shall only apply to initial enrollments in approved
programs of education after such date.
(b) Accelerated Payment of Educational Assistance for
Reserve Component Members Supporting Contingency Operations and
Other Operations.--
(1) In general.--Chapter 1607 of title 10, United
States Code, is amended by inserting after section
16162 the following new section:
``Sec. 16162a. Accelerated payment of educational assistance
``(a) Payment on Accelerated Basis.--The educational
assistance allowance payable under section 16162 of this title
with respect to an eligible member described in subsection (b)
may, upon the election of such eligible member, be paid on an
accelerated basis in accordance with this section.
``(b) Eligible Members.--An eligible member described in
this subsection is a member of a reserve component entitled to
educational assistance under this chapter who is--
``(1) enrolled in an approved program of education
not exceeding two years in duration and not leading to
an associate, bachelors, masters, or other degree,
subject to subsection (g); and
``(2) charged tuition and fees for the program of
education that, when divided by the number of months
(and fractions thereof) in the enrollment period,
exceeds the amount equal to 200 percent of the monthly
rate of educational assistance allowance otherwise
payable with respect to the member under section 16162
of this title.
``(c) Amount of Accelerated Payment.--(1) The amount of the
accelerated payment of educational assistance payable with
respect to an eligible member making an election under
subsection (a) for a program of education shall be the lesser
of--
``(A) the amount equal to 60 percent of the
established charges for the program of education; or
``(B) the aggregate amount of educational
assistance allowance to which the member remains
entitled under this chapter at the time of the payment.
``(2)(A) In this subsection, except as provided in
subparagraph (B), the term `established charges', in the case
of a program of education, means the actual charges (as
determined pursuant to regulations prescribed by the Secretary
of Veterans Affairs) for tuition and fees which similarly
circumstanced individuals who are not eligible for benefits
under this chapter and who are enrolled in the program of
education would be required to pay. Established charges shall
be determined on the following basis:
``(i) In the case of an individual enrolled in a
program of education offered on a term, quarter, or
semester basis, the tuition and fees charged the
individual for the term, quarter, or semester.
``(ii) In the case of an individual enrolled in a
program of education not offered on a term, quarter, or
semester basis, the tuition and fees charged the
individual for the entire program of education.
``(B) In this subsection, the term `established charges'
does not include any fees or payments attributable to the
purchase of a vehicle.
``(3) The educational institution providing the program of
education for which an accelerated payment of educational
assistance allowance is elected by an eligible member under
subsection (a) shall certify to the Secretary of Veterans
Affairs the amount of the established charges for the program
of education.
``(d) Time of Payment.--An accelerated payment of
educational assistance allowance made with respect to an
eligible member under this section for a program of education
shall be made not later than the last day of the month
immediately following the month in which the Secretary of
Veterans Affairs receives a certification from the educational
institution regarding--
``(1) the member's enrollment in and pursuit of the
program of education; and
``(2) the amount of the established charges for the
program of education.
``(e) Charge Against Entitlement.--(1) Except as provided
in paragraph (2), for each accelerated payment of educational
assistance allowance made with respect to an eligible member
under this section, the member's entitlement to educational
assistance under this chapter shall be charged the number of
months (and any fraction thereof) determined by dividing the
amount of the accelerated payment by the full-time monthly rate
of educational assistance allowance otherwise payable with
respect to the member under section 16162 of this title as of
the beginning date of the enrollment period for the program of
education for which the accelerated payment is made.
``(2) If the monthly rate of educational assistance
allowance otherwise payable with respect to an eligible member
under section 16162 of this title increases during the
enrollment period of a program of education for which an
accelerated payment of educational assistance allowance is made
under this section, the charge to the member's entitlement to
educational assistance under this chapter shall be determined
by prorating the entitlement chargeable, in the manner provided
for under paragraph (1), for the periods covered by the initial
rate and increased rate, respectively, in accordance with
regulations prescribed by the Secretary of Veterans Affairs.
``(f) Regulations.--The Secretary of Veterans Affairs shall
prescribe regulations to carry out this section. The
regulations shall include requirements, conditions, and methods
for the request, issuance, delivery, certification of receipt
and use, and recovery of overpayment of an accelerated payment
of educational assistance allowance under this section. The
regulations may include such elements of the regulations
prescribed under section 3014A of title 38 as the Secretary of
Veterans Affairs considers appropriate for purposes of this
section.
``(g) Limitation.--The aggregate amount of educational
assistance payable under this section in any fiscal year for
enrollments covered by subsection (b)(1) may not exceed
$3,000,000.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 1607 of such title is amended
by inserting after the item relating to section 16162
the following new item:
``16162a. Accelerated payment of educational assistance.''.
(3) Effective date.--The amendments made by this
subsection shall take effect on October 1, 2008, and
shall only apply to initial enrollments in approved
programs of education after such date.
(c) Enhancement of Educational Assistance for Reserve
Component Members Supporting Contingency Operations and Other
Operations.--
(1) Assistance for three years cumulative
service.--Subsection (c)(4)(C) of section 16162 of
title 10, United States Code, is amended by striking
``for two continuous years or more.'' and inserting
``for--
``(i) two continuous years or more; or
``(ii) an aggregate of three years or
more.''.
(2) Contributions for increased amount of
educational assistance.--Such section is further
amended by adding at the end the following new
subsection:
``(f) Contributions for Increased Amount of Educational
Assistance.--(1)(A) Any individual eligible for educational
assistance under this section may contribute amounts for
purposes of receiving an increased amount of educational
assistance as provided for in paragraph (2).
``(B) An individual covered by subparagraph (A) may make
the contributions authorized by that subparagraph at any time
while a member of a reserve component, but not more frequently
than monthly.
``(C) The total amount of the contributions made by an
individual under subparagraph (A) may not exceed $600. Such
contributions shall be made in multiples of $20.
``(D) Contributions under this subsection shall be made to
the Secretary concerned. Such Secretary shall deposit any
amounts received as contributions under this subsection into
the Treasury as miscellaneous receipts.
``(2) Effective as of the first day of the enrollment
period following the enrollment period in which an individual
makes contributions under paragraph (1), the monthly amount of
educational assistance allowance applicable to such individual
under this section shall be the monthly rate otherwise provided
for under subsection (c) increased by--
``(A) an amount equal to $5 for each $20
contributed by such individual under paragraph (1) for
an approved program of education pursued on a full-time
basis; or
``(B) an appropriately reduced amount based on the
amount so contributed as determined under regulations
that the Secretary of Veterans Affairs shall prescribe,
for an approved program of education pursued on less
than a full-time basis.''.
SEC. 529. EXTENSION OF PERIOD OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE
FOR CERTAIN MEMBERS OF THE SELECTED RESERVE
AFFECTED BY FORCE SHAPING INITIATIVES.
Section 16133(b)(1)(B) of title 10, United States Code, is
amended by inserting ``or the period beginning on October 1,
2007, and ending on September 30, 2014,'' after ``December 31,
2001,''.
SEC. 530. TIME LIMIT FOR USE OF EDUCATIONAL ASSISTANCE BENEFIT FOR
CERTAIN MEMBERS OF RESERVE COMPONENTS AND
RESUMPTION OF BENEFIT.
(a) Modification of Time Limit for Use of Benefit.--
(1) Modification.--Section 16164(a) of title 10,
United States Code, is amended by striking ``this
chapter while serving--'' and all that follows and
inserting ``this chapter--
``(1) while the member is serving--
``(A) in the Selected Reserve of the Ready
Reserve, in the case of a member called or
ordered to active service while serving in the
Selected Reserve; or
``(B) in the Ready Reserve, in the case of
a member ordered to active duty while serving
in the Ready Reserve (other than the Selected
Reserve); and
``(2) in the case of a person who separates from
the Selected Reserve of the Ready Reserve after
completion of a period of active service described in
section 16163 of this title and completion of a service
contract under other than dishonorable conditions,
during the 10-year period beginning on the date on
which the person separates from the Selected
Reserve.''.
(2) Conforming amendment.--Paragraph (2) of section
16165(a) of such title is amended to read as follows:
``(2) when the member separates from the Ready
Reserve as provided in section 16164(a)(1) of this
title, or upon completion of the period provided for in
section 16164(a)(2) of this title, as applicable.''.
(b) Reclaiming Benefit for Members Reentering Service.--
Section 16165(b) of such title is amended by striking ``of not
more than 90 days'' after ``who incurs a break in service in
the Selected Reserve''.
(c) Effective Date.--The amendments made by this section
shall take effect as of October 28, 2004, as if included in the
enactment of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375), to
which such amendments relate.
SEC. 531. SECRETARY OF DEFENSE EVALUATION OF THE ADEQUACY OF THE
DEGREE-GRANTING AUTHORITIES OF CERTAIN MILITARY
UNIVERSITIES AND EDUCATIONAL INSTITUTIONS.
(a) Evaluation Required.--The Secretary of Defense shall
carry out an evaluation of the degree-granting authorities
provided by title 10, United States Code, to the academic
institutions specified in subsection (b). The evaluation shall
assess whether the current process, under which each degree
conferred by each institution must have a statutory
authorization, remains adequate, appropriate, and responsive
enough to meet emerging military service education
requirements.
(b) Specified Institutions.--The academic institutions
covered by subsection (a) are the following:
(1) The National Defense University.
(2) The Army War College and the United States Army
Command and General Staff College.
(3) The United States Naval War College.
(4) The United States Naval Postgraduate School.
(5) Air University and the United States Air Force
Institute of Technology.
(6) The Marine Corps University.
(c) Report.--Not later than April 1, 2008, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report on the evaluation. The report shall
include the results of the evaluation and any recommendations
for changes to policy or law that the Secretary considers
appropriate.
SEC. 532. REPORT ON SUCCESS OF ARMY NATIONAL GUARD AND RESERVE SENIOR
RESERVE OFFICERS' TRAINING CORPS FINANCIAL
ASSISTANCE PROGRAM.
(a) Report Required.--Not later than 150 days after the
date of the enactment of this Act, the Secretary of the Army
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the success of the
financial assistance program of the Senior Reserve Officers'
Training Corps under section 2107a of title 10, United States
Code, in securing the appointment of second lieutenants in the
Army Reserve and Army National Guard. The report shall include
detailed information on the appointment of cadets under the
financial assistance program who are enrolled in an educational
institution described in subsection (b) and address the efforts
of the Secretary to increase awareness of the availability and
advantages of appointment in the Senior Reserve Officers'
Training Corps at these institutions and to increase the number
of cadets at these institutions.
(b) Covered Educational Institutions.--The educational
institutions referred to in subsection (a) are the following:
(1) An historically Black college or university
that is a part B institution, as defined in section
322(2) of the Higher Education Act of 1965 (20 U.S.C.
1061(2)).
(2) A minority institution, as defined in section
365(3) of that Act (20 U.S.C. 1067k(3)).
(3) An Hispanic-serving institution, as defined in
section 502(a)(5) of that Act (20 U.S.C. 1101a(a)(5)).
SEC. 533. REPORT ON UTILIZATION OF TUITION ASSISTANCE BY MEMBERS OF THE
ARMED FORCES.
(a) Reports Required.--Not later than April 1, 2008, the
Secretary of each military department shall submit to the
congressional defense committees a report on the utilization of
tuition assistance by members of the Armed Forces, whether in
the regular components of the Armed Forces or the reserve
components of the Armed Forces, under the jurisdiction of such
military department during fiscal year 2007.
(b) Elements.--The report with respect to a military
department under subsection (a) shall include the following:
(1) Information on the policies of such military
department for fiscal year 2007 regarding utilization
of, and limits on, tuition assistance by members of the
Armed Forces under the jurisdiction of such military
department, including an estimate of the number of
members of the reserve components of the Armed Forces
under the jurisdiction of such military department
whose requests for tuition assistance during that
fiscal year were unfunded.
(2) Information on the policies of such military
department for fiscal year 2007 regarding funding of
tuition assistance for each of the regular components
of the Armed Forces and each of the reserve components
of the Armed Forces under the jurisdiction of such
military department.
SEC. 534. NAVY JUNIOR RESERVE OFFICERS' TRAINING CORPS UNIT FOR
SOUTHOLD, MATTITUCK, AND GREENPORT HIGH SCHOOLS.
For purposes of meeting the requirements of section 2031(b)
of title 10, United States Code, the Secretary of the Navy may
and, to the extent the schools request, shall treat any two or
more of the following schools (all in Southold, Suffolk County,
New York) as a single institution:
(1) Southold High School.
(2) Mattituck High School.
(3) Greenport High School.
SEC. 535. REPORT ON TRANSFER OF ADMINISTRATION OF CERTAIN EDUCATIONAL
ASSISTANCE PROGRAMS FOR MEMBERS OF THE RESERVE
COMPONENTS.
(a) Report Required.--Not later than September 1, 2008, the
Secretary of Defense, in cooperation with the Secretary of
Veterans Affairs, shall submit to the congressional defense
committees and the Committees on Veterans Affairs of the Senate
and House of Representatives a report on the feasibility and
merits of transferring the administration of the educational
assistance programs for members of the reserve components
contained in chapters 1606 and 1607 of title 10, United States
Code, from the Department of Defense to the Department of
Veterans Affairs.
(b) Elements of Report.--The report shall specifically
address the following:
(1) A discussion of the history and purpose of the
educational assistance benefits under chapters 1606 and
1607 of title 10, United States Code, and the data most
recently available, as of the date of the enactment of
this Act, relating to the cost of providing such
benefits and the projected costs of providing such
benefits over the ten-year period beginning on the such
date.
(2) The effect of a transfer of administrative
jurisdiction on the delivery of educational assistance
benefits to members of the reserve components.
(3) The effect of a transfer of administrative
jurisdiction on Department of Defense efforts relating
to recruiting, retention, and compensation, including
bonuses, special pays, and incentive pays.
(4) The extent to which educational assistance
benefits influence the decision of a person to join a
reserve component.
(5) The extent to which the educational assistance
benefits available under chapter 1606 of title 10,
United States Code, affect retention rates, including
statistics showing how many members remain in the
reserve components in order to continue to receive
education benefits under such chapter.
(6) The extent to which the educational assistance
benefits available under chapter 1607 of title 10,
United States Code, affect retention rates, including
statistics showing how many members remain in the
reserve components in order to continue to receive
education benefits under such chapter.
(7) The practical and budgetary issues involved in
a transfer of administrative jurisdiction, including a
discussion of the cost of equating the educational
assistance benefits for members of the active and
reserve components.
(8) Any recommendations of the Secretary for
legislation to enhance or improve the delivery of
educational assistance benefits for members of the
reserve components.
(9) The feasibility and likely effects of
transferring the administration of the educational
assistance programs for members of the reserve
components contained in chapters 1606 and 1607 of title
10, United States Code, from the Department of Defense
to the Department of Veterans Affairs through the
recodification of such chapters in title 38, United
States Code, as proposed in section 525 of HR 1585 of
the 110th Congress, as passed by the House of
Representatives, together with any recommendations of
the Secretary for improving that section.
(10) A discussion of the effects and impact of the
amendments to chapter 1607 of title 10, United States
Code, made by section 530 of this Act, relating to the
extension of the time limit for the use of educational
assistance benefits under that chapter.
(c) Reviews of Report.--Before submission of the report to
Congress, the Secretary of Defense shall secure the review of
the report by the Defense Business Board, in cooperation with
the Reserve Forces Policy Board. The Secretary of Veterans
Affairs shall secure the review of the report by the Veterans
Affairs Advisory Committee on Education. The results of such
reviews shall be included as an appendix to the report.
(d) Comptroller General Review.--Not later than November 1,
2008, the Comptroller General shall submit to the congressional
committees referred to in subsection (a) an assessment of the
report, including a review of the costs inherent in the
transfer of administrative jurisdiction and the recruiting and
retention data and other assumptions used by the Secretary of
Defense in preparing the report. As part of the assessment, the
Comptroller General shall solicit responses from the Secretary
of Defense and the Secretary of Veterans Affairs.
Subtitle D--Military Justice and Legal Assistance Matters
SEC. 541. AUTHORITY TO DESIGNATE CIVILIAN EMPLOYEES OF THE FEDERAL
GOVERNMENT AND DEPENDENTS OF DECEASED MEMBERS AS
ELIGIBLE FOR LEGAL ASSISTANCE FROM DEPARTMENT OF
DEFENSE LEGAL STAFF RESOURCES.
Section 1044(a) of title 10, United States Code, is amended
by adding at the end the following new paragraphs:
``(6) Survivors of a deceased member or former
member described in paragraphs (1), (2), (3), and (4)
who were dependents of the member or former member at
the time of the death of the member or former member,
except that the eligibility of such survivors shall be
determined pursuant to regulations prescribed by the
Secretary concerned.
``(7) Civilian employees of the Federal Government
serving in locations where legal assistance from non-
military legal assistance providers is not reasonably
available, except that the eligibility of civilian
employees shall be determined pursuant to regulations
prescribed by the Secretary concerned.''.
SEC. 542. AUTHORITY OF JUDGES OF THE UNITED STATES COURT OF APPEALS FOR
THE ARMED FORCES TO ADMINISTER OATHS.
Section 936 of title 10, United States Code (article 136 of
the Uniform Code of Military Justice), is amended by adding at
the end the following new subsection:
``(c) The judges of the United States Court of Appeals for
the Armed Forces may administer the oaths authorized by
subsections (a) and (b).''.
SEC. 543. MODIFICATION OF AUTHORITIES ON SENIOR MEMBERS OF THE JUDGE
ADVOCATE GENERALS' CORPS.
(a) Department of the Army.--
(1) Grade of judge advocate general.--Subsection
(a) of section 3037 of title 10, United States Code, is
amended by striking the third sentence and inserting
the following new sentence: ``The Judge Advocate
General, while so serving, has the grade of lieutenant
general.''.
(2) Redesignation of assistant judge advocate
general as deputy judge advocate general.--Such section
is further amended--
(A) in subsection (a), by striking
``Assistant Judge Advocate General'' each place
it appears and inserting ``Deputy Judge
Advocate General''; and
(B) in subsection (d), by striking
``Assistant Judge Advocate General'' and
inserting ``Deputy Judge Advocate General''.
(3) Clerical amendments.--(A) The heading of such
section is amended to read as follows:
``Sec. 3037. Judge Advocate General, Deputy Judge Advocate General, and
general officers of Judge Advocate General's Corps:
appointment; duties''.
(B) The table of sections at the beginning of
chapter 305 of such title is amended by striking the
item relating to section 3037 and inserting the
following new item:
``3037. Judge Advocate General, Deputy Judge Advocate General, and
general officers of Judge Advocate General's Corps:
appointment; duties.''.
(b) Grade of Judge Advocate General of the Navy.--Section
5148(b) of such title is amended by striking the last sentence
and inserting the following new sentence: ``The Judge Advocate
General, while so serving, has the grade of vice admiral or
lieutenant general, as appropriate.''.
(c) Grade of Judge Advocate General of the Air Force.--
Section 8037(a) of such title is amended by striking the last
sentence and inserting the following new sentence: ``The Judge
Advocate General, while so serving, has the grade of lieutenant
general.''.
(d) Increase in Number of Officers Serving in Grades Above
Major General and Rear Admiral.--Section 525(b) of such title
is amended in paragraphs (1) and (2)(A) by striking ``15.7
percent'' each place it appears and inserting ``16.3 percent''.
(e) Legal Counsel to Chairman of the Joint Chiefs of
Staff.--
(1) In general.--Chapter 5 of title 10, United
States Code, is amended by adding at the end the
following new section:
``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.
``(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.
``(c) Grade.--An officer appointed to serve as Legal
Counsel to the Chairman of the Joint Chiefs of Staff shall,
while so serving, hold the grade of brigadier general or rear
admiral (lower half).
``(d) Duties.--The Legal Counsel of the Chairman of the
Joint Chiefs of Staff shall perform such legal duties in
support of the responsibilities of the Chairman of the Joint
Chiefs of Staff as the Chairman may prescribe.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 5 of such title is amended by
adding at the end the following new item:
``156. Legal Counsel to the Chairman of the Joint Chiefs of Staff''.
(f) Strategic Plan to Link General and Flag Officer
Numbers, Assignments, and Development to the Missions and
Requirements of the Department of Defense.--
(1) Strategic plan required.--The Secretary of
Defense shall develop a strategic plan linking the
missions and requirements of the Department of Defense
for general and flag officers to the statutory limits
on the numbers of general and flag officers, and
current assignment, promotion, and joint officer
development policies for general and flag officers.
(2) Advice of chairman of joint chiefs of staff.--
The Secretary shall develop the strategic plan required
under paragraph (1) with the advice of the Chairman of
the Joint Chiefs of Staff.
(3) Matters to be included.--The strategic plan
required under paragraph (1) shall include the
following:
(A) A description of the process for
identification of the present and emerging
requirements for general and flag officers and
recommendations for meeting these requirements.
(B) Identification of the numbers of
general and flag officers by service, grade,
and qualifications currently available compared
with the numbers needed to meet existing
statutory requirements in support of the
overall missions of the Department of Defense.
(C) An assessment of the problems or issues
(and proposed solutions for any such problems
or issues) arising from existing numerical
limitations on the number and grade
distribution of active and reserve component
general and flag officers under sections 525,
526, and 12004 of title 10, United States Code;
(D) A discussion of how wartime
requirements for additional general or flag
officers have been addressed in support of
Operation Enduring Freedom and Operation Iraqi
Freedom, including the usage of wartime or
national emergency authorities.
(E) An assessment of any problems or issues
(and proposed solutions for any such problems
or issues) arising from existing statutory
provisions regarding general and flag officer
assignments and grade requirements and the
need, if any, for revision of provisions in
title 10, United States Code, specific to
individual general and flag officer positions
along with recommendations to mitigate the need
for routine legislative intervention as
positions change to support organizational
demands.
(F) An assessment of the use currently
being made of reserve component flag and
general officers and discussion of barriers to
the qualification, selection, and assignment of
National Guard and Reserve officers for the
broadest possible range of positions of
importance and responsibility.
(4) Deadline for submission.--The Secretary shall
submit the plan required under paragraph (1) to the
Committees on Armed Services of the Senate and the
House of Representatives not later than March 1, 2009.
SEC. 544. PROHIBITION AGAINST MEMBERS OF THE ARMED FORCES PARTICIPATING
IN CRIMINAL STREET GANGS.
The Secretary of Defense shall prescribe regulations to
prohibit the active participation by members of the Armed
Forces in a criminal street gang.
Subtitle E--Military Leave
SEC. 551. TEMPORARY ENHANCEMENT OF CARRYOVER OF ACCUMULATED LEAVE FOR
MEMBERS OF THE ARMED FORCES.
(a) Temporary Increase in Accumulated Leave Carryover
Amount.--Section 701 of title 10, United States Code, is
amended--
(1) in subsection (b), by striking ``subsection (f)
and subsection (g)'' and inserting ``subsections (d),
(f), and (g)''; and
(2) by inserting after subsection (c) the following
new subsection:
``(d) Notwithstanding subsection (b), during the period
beginning on October 1, 2008, through December 31, 2010, a
member may accumulate up to 75 days of leave.''.
(b) Conforming Amendments Related to High Deployment
Members.--Subsection (f) of such section is amended--
(1) in paragraph (1)(A), by striking ``any
accumulated leave in excess of 60 days at the end of
the fiscal year'' and inserting ``at the end of the
fiscal year any accumulated leave in excess of the
number of days of leave authorized to be accumulated
under subsection (b) or (d)'';
(2) in paragraph (1)(C)--
(A) by striking ``60 days'' and inserting
``the days of leave authorized to be
accumulated under subsection (b) or (d) that
are''; and
(B) by inserting ``(or fourth fiscal year,
if accumulated while subsection (d) is in
effect)'' after ``third fiscal year''; and
(3) in paragraph (2), by striking ``except for this
paragraph--'' and all that follows through the end of
the paragraph and inserting ``except for this
paragraph, would lose at the end of that fiscal year
any accumulated leave in excess of the number of days
of leave authorized to be accumulated under subsection
(b) or (d), shall be permitted to retain such leave
until the end of the second fiscal year after the
fiscal year in which such service on active duty is
terminated.''.
(c) Conforming Amendment Related to Members in Missing
Status.--Subsection (g) of such section is amended by striking
``60-day limitation in subsection (b) and the 90-day limitation
in subsection (f)'' and inserting ``limitations in subsections
(b), (d), and (f)''.
(d) Pay.--Section 501(b) of title 37, United States Code,
is amended by adding at the end the following new paragraph:
``(6) An enlisted member of the armed forces who would lose
accumulated leave in excess of 120 days of leave under section
701(f)(1) of title 10 may elect to be paid in cash or by a
check on the Treasurer of the United States for any leave in
excess so accumulated for up to 30 days of such leave. A member
may make an election under this paragraph only once.''.
SEC. 552. ENHANCEMENT OF REST AND RECUPERATION LEAVE.
Section 705(b)(2) of title 10, United States Code, is
amended by inserting ``for members whose qualifying tour of
duty is 12 months or less, or for not more than 20 days for
members whose qualifying tour of duty is longer than 12
months,'' after ``for not more than 15 days''.
Subtitle F--Decorations and Awards
SEC. 561. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO
LESLIE H. SABO, JR., FOR ACTS OF VALOR DURING THE
VIETNAM WAR.
(a) Authorization.--Notwithstanding the time limitations
specified in section 3744 of title 10, United States Code, or
any other time limitation with respect to the awarding of
certain medals to persons who served in the Armed Forces, the
President is authorized and requested to award the Medal of
Honor under section 3741 of such title to Leslie H. Sabo, Jr.,
for the acts of valor during the Vietnam War described in
subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of Leslie H. Sabo, Jr., on
May 10, 1970, as a member of the United States Army serving in
the grade of Specialist Four in the Republic of Vietnam with
Company B of the 3d Battalion, 506th Infantry Regiment, 101st
Airborne Division.
SEC. 562. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO
HENRY SVEHLA FOR ACTS OF VALOR DURING THE KOREAN
WAR.
(a) Authorization.--Notwithstanding the time limitations
specified in section 3744 of title 10, United States Code, or
any other time limitation with respect to the awarding of
certain medals to persons who served in the Armed Forces, the
President is authorized and requested to award the Medal of
Honor under section 3741 of such title to Henry Svehla for the
acts of valor described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of Henry Svehla on June 12,
1952, as a member of the United States Army serving in the
grade of Private First Class in Korea with Company F of the 32d
Infantry Regiment, 7th Infantry Division.
SEC. 563. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO
WOODROW W. KEEBLE FOR ACTS OF VALOR DURING THE
KOREAN WAR.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 3744 of title 10, United
States Code, or any other time limitation with respect to the
awarding of certain medals to persons who served in the Armed
Forces, the President is authorized and requested to award the
Medal of Honor under section 3741 of such title to Woodrow W.
Keeble for the acts of valor described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of Woodrow W. Keeble of the
United States Army as an acting platoon leader on October 20,
1950, during the Korean War.
SEC. 564. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO
PRIVATE PHILIP G. SHADRACH FOR ACTS OF VALOR AS ONE
OF ANDREWS' RAIDERS DURING THE CIVIL WAR.
(a) Authorization.--Notwithstanding the time limitations
specified in section 3744 of title 10, United States Code, or
any other time limitation with respect to the awarding of
certain medals to persons who served in the Armed Forces, the
President is authorized and requested to award the Medal of
Honor under section 3741 of such title posthumously to Private
Philip G. Shadrach of Company K, 2nd Ohio Volunteer Infantry
Regiment for the acts of valor described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of Philip G. Shadrach as one
of Andrews' Raiders during the Civil War on April 12, 1862.
SEC. 565. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO
PRIVATE GEORGE D. WILSON FOR ACTS OF VALOR AS ONE
OF ANDREWS' RAIDERS DURING THE CIVIL WAR.
(a) Authorization.--The President is authorized and
requested to award the Medal of Honor under section 3741 of
title 10, United States Code, posthumously to Private George D.
Wilson of Company B, 2nd Ohio Volunteer Infantry Regiment for
the acts of valor described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of George D. Wilson as one of
Andrews' Raiders during the Civil War on April 12, 1862.
Subtitle G--Impact Aid and Defense Dependents Education System
SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL
AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE
ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES.
(a) Assistance to Schools With Significant Numbers of
Military Dependent Students.--Of the amount authorized to be
appropriated pursuant to section 301(5) for operation and
maintenance for Defense-wide activities, $30,000,000 shall be
available only for the purpose of providing assistance to local
educational agencies under subsection (a) of section 572 of the
National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3271; 20 U.S.C. 7703b).
(b) Assistance to Schools With Enrollment Changes Due to
Base Closures, Force Structure Changes, or Force Relocations.--
Of the amount authorized to be appropriated 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.
(c) Local Educational Agency Defined.--In this section, the
term ``local educational agency'' has the meaning given that
term in section 8013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 572. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated pursuant to
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
Public Law 106-398; 114 Stat. 1654A-77; 20 U.S.C. 7703a).
SEC. 573. INCLUSION OF DEPENDENTS OF NON-DEPARTMENT OF DEFENSE
EMPLOYEES EMPLOYED ON FEDERAL PROPERTY IN PLAN
RELATING TO FORCE STRUCTURE CHANGES, RELOCATION OF
MILITARY UNITS, OR BASE CLOSURES AND REALIGNMENTS.
Section 574(e)(3) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2227; 20 U.S.C. 7703b note) is amended--
(1) in subparagraph (A), by striking ``and'' at the
end;
(2) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(3) by adding at the end the following new
subparagraph:
``(C) elementary and secondary school
students who are dependents of personnel who
are not members of the Armed Forces or civilian
employees of the Department of Defense but who
are employed on Federal property.''.
SEC. 574. PAYMENT OF PRIVATE BOARDING SCHOOL TUITION FOR MILITARY
DEPENDENTS IN OVERSEAS AREAS NOT SERVED BY DEFENSE
DEPENDENTS' EDUCATION SYSTEM SCHOOLS.
Section 1407(b)(1) of the Defense Dependents' Education Act
of 1978 (20 U.S.C. 926(b)(1)) is amended by inserting after the
first sentence the following new sentence: ``Schools to which
tuition may be paid under this subsection may include private
boarding schools in the United States.''.
Subtitle H--Military Families
SEC. 581. DEPARTMENT OF DEFENSE MILITARY FAMILY READINESS COUNCIL AND
POLICY AND PLANS FOR MILITARY FAMILY READINESS.
(a) In General.--Subchapter I of chapter 88 of title 10,
United States Code, is amended by inserting after section 1781
the following new sections:
``Sec. 1781a. Department of Defense Military Family Readiness Council
``(a) In General.--There is in the Department of Defense
the Department of Defense Military Family Readiness Council (in
this section referred to as the `Council').
``(b) Members.--(1) The Council shall consist of the
following members:
``(A) The Under Secretary of Defense for Personnel
and Readiness, who shall serve as chair of the Council.
``(B) One representative of each of the Army, Navy,
Marine Corps, and Air Force, who shall be appointed by
the Secretary of Defense.
``(C) Three individuals appointed by the Secretary
of Defense from among representatives of military
family organizations, including military family
organizations of families of members of the regular
components and of families of members of the reserve
components.
``(D) In addition to the representatives appointed
under subparagraph (B), the senior enlisted advisors of
the Army, Navy, Marine Corps, and Air Force, or the
spouse of a senior enlisted member from each of the
Army, Navy, Marine Corps, and Air Force.
``(2) The term on the Council of the members appointed
under paragraph (1)(C) shall be three years.
``(c) Meetings.--The Council shall meet not less often than
twice each year.
``(d) Duties.--The duties of the Council shall include the
following:
``(1) To review and make recommendations to the
Secretary of Defense regarding the policy and plans
required under section 1781b of this title.
``(2) To monitor requirements for the support of
military family readiness by the Department of Defense.
``(3) To evaluate and assess the effectiveness of
the military family readiness programs and activities
of the Department of Defense.
``(e) Annual Reports.--(1) Not later than February 1 each
year, the Council shall submit to the Secretary of Defense and
the congressional defense committees a report on military
family readiness.
``(2) Each report under this subsection shall include the
following:
``(A) An assessment of the adequacy and
effectiveness of the military family readiness programs
and activities of the Department of Defense during the
preceding fiscal year in meeting the needs and
requirements of military families.
``(B) Recommendations on actions to be taken to
improve the capability of the military family readiness
programs and activities of the Department of Defense to
meet the needs and requirements of military families,
including actions relating to the allocation of funding
and other resources to and among such programs and
activities.
``Sec. 1781b. Department of Defense policy and plans for military
family readiness
``(a) Policy and Plans Required.--The Secretary of Defense
shall develop a policy and plans for the Department of Defense
for the support of military family readiness.
``(b) Purposes.--The purposes of the policy and plans
required under subsection (a) are as follows:
``(1) To ensure that the military family readiness
programs and activities of the Department of Defense
are comprehensive, effective, and properly supported.
``(2) To ensure that support is continuously
available to military families in peacetime and in war,
as well as during periods of force structure change and
relocation of military units.
``(3) To ensure that the military family readiness
programs and activities of the Department of Defense
are available to all military families, including
military families of members of the regular components
and military families of members of the reserve
components.
``(4) To make military family readiness an explicit
element of applicable Department of Defense plans,
programs, and budgeting activities, and that
achievement of military family readiness is expressed
through Department-wide goals that are identifiable and
measurable.
``(5) To ensure that the military family readiness
programs and activities of the Department of Defense
undergo continuous evaluation in order to ensure that
resources are allocated and expended for such programs
and activities to achieve Department-wide family
readiness goals.
``(c) Elements of Policy.--The policy required under
subsection (a) shall include the following elements:
``(1) A list of military family readiness programs
and activities.
``(2) Department of Defense-wide goals for military
family support, including joint programs, both for
military families of members of the regular components
and military families of members of the reserve
components.
``(3) Policies on access to military family support
programs and activities based on military family
populations served and geographical location.
``(4) Metrics to measure the performance and
effectiveness of the military family readiness programs
and activities of the Department of Defense.
``(5) A summary, by fiscal year, of the allocation
of funds (including appropriated funds and
nonappropriated funds) for major categories of military
family readiness programs and activities of the
Department of Defense, set forth for each of the
military departments and for the Office of the
Secretary of Defense.
``(d) Annual Report.--Not later than March 1, 2008, and
each year thereafter, the Secretary of Defense shall submit to
the congressional defense committees a report on the plans
required under subsection (a) for the five-fiscal-year period
beginning with the fiscal year in which the report is
submitted. Each report shall include the plans covered by the
report and an assessment of the discharge by the Department of
Defense of the previous plans submitted under this section.''.
(b) Report on Military Family Readiness Policy.--Not later
than February 1, 2009, the Secretary of Defense shall submit to
the congressional defense committees a report setting forth the
policy developed under section 1781b of title 10, United States
Code, as added by subsection (a).
(c) Surveys of Military Families.--Section 1782 of title
10, United States Code, is amended by adding at the end the
following new subsection:
``(d) Survey Required for Fiscal Year 2010.--
Notwithstanding subsection (a), during fiscal year 2010, the
Secretary of Defense shall conduct a survey otherwise
authorized under such subsection. Thereafter, additional
surveys may be conducted not less often than once every three
fiscal years.''.
(d) Clerical Amendment.--The table of sections at the
beginning of subchapter I of chapter 88 of such title is
amended by inserting after the item relating to section 1781
the following new items:
``1781a. Department of Defense Military Family Readiness Council.
``1781b. Department of Defense policy and plans for military family
readiness.''.
SEC. 582. YELLOW RIBBON REINTEGRATION PROGRAM.
(a) Establishment of Program.--The Secretary of Defense
shall establish a national combat veteran reintegration program
to provide National Guard and Reserve members and their
families with sufficient information, services, referral, and
proactive outreach opportunities throughout the entire
deployment cycle. This program shall be known as the Yellow
Ribbon Reintegration Program.
(b) Purpose of Program; Deployment Cycle.--The Yellow
Ribbon Reintegration Program shall consist of informational
events and activities for members of the reserve components of
the Armed Forces, their families, and community members to
facilitate access to services supporting their health and well-
being through the four phases of the deployment cycle:
(1) Pre-Deployment.
(2) Deployment.
(3) Demobilization.
(4) Post-Deployment-Reconstitution.
(c) Executive Agent.--The Secretary shall designate the
Under Secretary of Defense for Personnel and Readiness as the
Department of Defense executive agent for the Yellow Ribbon
Reintegration Program.
(d) Office for Reintegration Programs.--
(1) Establishment.--The Under Secretary of Defense
for Personnel and Readiness shall establish the Office
for Reintegration Programs within the Office of the
Secretary of Defense. The office shall administer all
reintegration programs in coordination with State
National Guard organizations. The office shall be
responsible for coordination with existing National
Guard and Reserve family and support programs. The
Directors of the Army National Guard and Air National
Guard and the Chiefs of the Army Reserve, Marine Corps
Reserve, Navy Reserve, and Air Force Reserve may
appoint liaison officers to coordinate with the
permanent office staff. The office may also enter into
partnerships with other public entities, including the
Department of Health and Human Services, Substance
Abuse and the Mental Health Services Administration,
for access to necessary substance abuse and mental
health treatment services from local State-licensed
service providers.
(2) Center for excellence in reintegration.--The
Office for Reintegration Programs shall establish a
Center for Excellence in Reintegration within the
office. The Center shall collect and analyze ``lessons
learned'' and suggestions from State National Guard and
Reserve organizations with existing or developing
reintegration programs. The Center shall also assist in
developing training aids and briefing materials and
training representatives from State National Guard and
Reserve organizations.
(e) Advisory Board.--
(1) Appointment.--The Secretary of Defense shall
appoint an advisory board to analyze the Yellow Ribbon
Reintegration Program and report on areas of success
and areas for necessary improvements. The advisory
board shall include the Director of the Army National
Guard, the Director of the Air National Guard, Chiefs
of the Army Reserve, Marine Corps Reserve, Navy
Reserve, and Air Force Reserve, the Assistant Secretary
of Defense for Reserve Affairs, an Adjutant General on
a rotational basis as determined by the Chief of the
National Guard Bureau, and any other Department of
Defense, Federal Government agency, or outside
organization as determined by the Secretary of Defense.
The members of the advisory board may designate
representatives in their stead.
(2) Schedule.--The advisory board shall meet on a
schedule determined by the Secretary of Defense.
(3) Initial reporting requirement.--The advisory
board shall issue internal reports as necessary and
shall submit an initial report to the Committees on
Armed Services of the Senate and House of
Representatives not later than 180 days after the end
of the one-year period beginning on the date of the
establishment of the Office for Reintegration Programs.
The report shall contain--
(A) an evaluation of the implementation of
the Yellow Ribbon Reintegration Program by
State National Guard and Reserve organizations;
(B) an assessment of any unmet resource
requirements; and
(C) recommendations regarding closer
coordination between the Office of
Reintegration Programs and State National Guard
and Reserve organizations.
(4) Annual reports.--The advisory board shall
submit annual reports to the Committees on Armed
Services of the Senate and the House of Representatives
following the initial report by the first week in March
of subsequent years following the initial report.
(f) State Deployment Cycle Support Teams.--The Office for
Reintegration Programs may employ personnel to administer the
Yellow Ribbon Reintegration Program at the State level. The
primary function of team members shall be--
(1) to implement the reintegration curriculum
through the deployment cycle described in subsection
(g);
(2) to obtain necessary service providers; and
(3) to educate service providers regarding the
unique military nature of the reintegration program.
(g) Operation of Program Through Deployment Cycle.--
(1) In general.--The Office for Reintegration
Programs shall analyze the demographics, placement of
State Family Assistance Centers and their resources
before a mobilization alert is issued to affected State
National Guard and Reserve organizations. The Office of
Reintegration Programs shall consult with affected
State National Guard and Reserve organizations
following the issuance of a mobilization alert and
implement the reintegration events in accordance with
the Reintegration Program phase model.
(2) Pre-deployment phase.--The Pre-Deployment Phase
shall constitute the time from first notification of
mobilization until deployment of the mobilized National
Guard or Reserve unit. Events and activities shall
focus on providing education and ensuring the readiness
of members of the unit, their families, and affected
communities for the rigors of a combat deployment.
(3) Deployment phase.--The Deployment Phase shall
constitute the period from deployment of the mobilized
National Guard or Reserve unit until the unit arrives
at a demobilization station inside the continental
United States. Events and services provided shall focus
on the challenges and stress associated with separation
and having a member in a combat zone. Information
sessions shall utilize State National Guard and Reserve
resources in coordination with the Employer Support of
Guard and Reserve Office, Transition Assistance
Advisors, and the State Family Programs Director.
(4) Demobilization phase.--
(A) In general.--The Demobilization Phase
shall constitute the period from arrival of the
National Guard or Reserve unit at the
demobilization station until its departure for
home station.
(B) Initial reintegration activity.--The
purpose of this reintegration program is to
educate members about the resources that are
available to them and to connect members to
service providers who can assist them in
overcoming the challenges of reintegration.
(5) Post-deployment-reconstitution phase.--
(A) In general.--The Post-Deployment-
Reconstitution Phase shall constitute the
period from arrival at home station until 180
days following demobilization. Activities and
services provided shall focus on reconnecting
members with their families and communities and
providing resources and information necessary
for successful reintegration. Reintegration
events shall begin with elements of the Initial
Reintegration Activity program that were not
completed during the Demobilization Phase.
(B) 30-day, 60-day, and 90-day
reintegration activities.--The State National
Guard and Reserve organizations shall hold
reintegration activities at the 30-day, 60-day,
and 90-day interval following demobilization.
These activities shall focus on reconnecting
members and their families with the service
providers from the Initial Reintegration
Activity to ensure that members and their
families understand what benefits they are
entitled to and what resources are available to
help them overcome the challenges of
reintegration. The Reintegration Activities
shall also provide a forum for members and
their families to address negative behaviors
related to combat stress and transition.
(C) Member pay.--Members shall receive
appropriate pay for days spent attending the
Reintegration Activities at the 30-day, 60-day,
and 90-day intervals.
(h) Outreach Services.--As part of the Yellow Ribbon
Reintegration Program, the Office for Reintegration Programs
may develop programs of outreach to members of the Armed Forces
and their family members to educate such members and their
family members about the assistance and services available to
them under the Yellow Ribbon Reintegration Program. Such
assistance and services may include the following:
(1) Marriage counseling.
(2) Services for children.
(3) Suicide prevention.
(4) Substance abuse awareness and treatment.
(5) Mental health awareness and treatment.
(6) Financial counseling.
(7) Anger management counseling.
(8) Domestic violence awareness and prevention.
(9) Employment assistance.
(10) Preparing and updating family care plans.
(11) Development of strategies for living with a
member of the Armed Forces with post traumatic stress
disorder or traumatic brain injury.
(12) Other services that may be appropriate to
address the unique needs of members of the Armed Forces
and their families who live in rural or remote areas
with respect to family readiness and servicemember
reintegration.
(13) Assisting members of the Armed Forces and
their families find and receive assistance with
military family readiness and servicemember
reintegration, including referral services.
(14) Development of strategies and programs that
recognize the need for long-term follow-up services for
reintegrating members of the Armed Forces and their
families for extended periods following deployments,
including between deployments.
(15) Assisting members of the Armed Forces and
their families in receiving services and assistance
from the Department of Veterans Affairs, including
referral services.
SEC. 583. STUDY TO ENHANCE AND IMPROVE SUPPORT SERVICES AND PROGRAMS
FOR FAMILIES OF MEMBERS OF REGULAR AND RESERVE
COMPONENTS UNDERGOING DEPLOYMENT.
(a) Study Required.--The Secretary of Defense shall conduct
a study to determine the most effective means to enhance and
improve family support programs for families of deployed
members of the regular and reserve components of the Armed
Forces before, during, and after deployment. The study shall
also take into account the potential to utilize non-
governmental and local private sector entities and other
Federal agencies having expertise in health and well-being of
families, including family members who are children, infants,
or toddlers.
(b) Elements.--The study shall include at a minimum the
following:
(1) The assessment of the types of information on
health care and mental health benefits and services and
other community resources that should be made available
to members of the regular and reserve components and
their families, including--
(A) crisis services;
(B) marriage and family counseling; and
(C) financial counseling.
(2) An assessment of means to improve support to
the parents and caretakers of military dependent
children in order to mitigate any adverse effects of
the deployment of members on such children, including
consideration of the following:
(A) The need to develop materials for
parents and other caretakers of children to
assist in responding to the effects of such
deployment on children, including extended and
multiple deployments and reunion (and the death
or injury of members during such deployment),
and the role that parents and caretakers can
play in addressing or mitigating such effects.
(B) The potential best practices that are
identified which build psychological and
emotional resiliency in children in coping with
deployment.
(C) The potential to improve dissemination
throughout the Armed Forces of the most
effective practices for outreach, training, and
building psychological and emotional resiliency
in children.
(D) The effectiveness of training materials
for education, mental health, health, and
family support professionals who provide
services to parents and caretakers of military
dependent children.
(E) The requirement to develop programs and
activities to increase awareness throughout the
military and civilian communities of the
effects of deployment of a military spouse or
guardians for such children and their families
and to increase collaboration within such
communities to address and mitigate such
effects.
(F) The development of training for early
child care and education, mental health, health
care, and family support professionals to
enhance the awareness of such professionals of
their role in assisting families in addressing
and mitigating the adverse implications of such
deployment.
(G) The conduct of research on best
practices for building psychological and
emotional resiliency in such children in coping
with the deployment of such members.
(3) An assessment of the effectiveness of family-
to-family support programs--
(A) in providing peer support for families
of deployed members of the regular and reserve
components;
(B) in identifying and preventing family
problems in such families;
(C) in reducing adverse outcomes for
children of such families, including poor
academic performance, behavioral problems,
stress, and anxiety;
(D) in improving family readiness and post
deployment transition for such families; and
(E) in utilizing spouses of members of the
Armed Forces as counselors for families of
deployed members, in order to assist such
families in coping before, during, and after
the deployment, and the best practices for
training spouses of members of the Armed Forces
to act as counselors for families of deployed
members.
(4) An assessment of the effectiveness of
transition assistance programs and policies for
families of members during post-deployment transition
from a combat zone back to civilian or military
communities--
(A) in identifying signs and symptoms of
mental health conditions for both service
member and their families; and
(B) in receiving information and resources
available within the local communities to ease
transition.
(5) An assessment of the impact of multiple
overseas deployments of members on their families,
particularly in the case of members serving in
Operation Iraqi Freedom and Operation Enduring Freedom,
including financial impacts and emotional impacts.
(6) An assessment of the most effective timing of
providing information and support to the families of
deployed members before, during, and after deployment,
including at least six months after the date of return
of deployed members.
(7) An assessment of the need for additional long-
term research on the effects of multiple wartime
deployments on families, including children, and
critical areas of focus that should be addressed by
such research.
(c) Report on Results of Study.--Not later than 180 days
after the date of enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees a
report containing the results of the study conducted under
subsection (a).
SEC. 584. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR PARENTS WHO ARE
MEMBERS OF THE ARMED FORCES DEPLOYED IN SUPPORT OF
A CONTINGENCY OPERATION.
(a) Protection of Servicemembers Against Default
Judgments.--Section 201(a) of the Servicemembers Civil Relief
Act (50 U.S.C. App. 521(a)) is amended by inserting ``,
including any child custody proceeding,'' after ``proceeding''.
(b) Stay of Proceedings When Servicemember Has Notice.--
Section 202(a) of the Servicemembers Civil Relief Act (50
U.S.C. App. 522(a)) is amended by inserting ``, including any
child custody proceeding,'' after ``civil action or
proceeding''.
SEC. 585. FAMILY LEAVE IN CONNECTION WITH INJURED MEMBERS OF THE ARMED
FORCES.
(a) Servicemember Family Leave.--
(1) Definitions.--Section 101 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611) is amended
by adding at the end the following new paragraphs:
``(14) Active duty.--The term `active duty' means
duty under a call or order to active duty under a
provision of law referred to in section 101(a)(13)(B)
of title 10, United States Code.
``(15) Contingency operation.--The term
`contingency operation' has the same meaning given such
term in section 101(a)(13) of title 10, United States
Code.
``(16) Covered servicemember.--The term `covered
servicemember' means a member of the Armed Forces,
including a member of the National Guard or Reserves,
who is undergoing medical treatment, recuperation, or
therapy, is otherwise in outpatient status, or is
otherwise on the temporary disability retired list, for
a serious injury or illness.
``(17) Outpatient status.--The term `outpatient
status', with respect to a covered servicemember, means
the status of a member of the Armed Forces assigned
to--
``(A) a military medical treatment facility
as an outpatient; or
``(B) a unit established for the purpose of
providing command and control of members of the
Armed Forces receiving medical care as
outpatients.
``(18) Next of kin.--The term `next of kin', used
with respect to an individual, means the nearest blood
relative of that individual.
``(19) Serious injury or illness.--The term
`serious injury or illness', in the case of a member of
the Armed Forces, including a member of the National
Guard or Reserves, means an injury or illness incurred
by the member in line of duty on active duty in the
Armed Forces that may render the member medically unfit
to perform the duties of the member's office, grade,
rank, or rating.''.
(2) Entitlement to leave.--Section 102(a) of such
Act (29 U.S.C. 2612(a)) is amended--
(A) in paragraph (1), by adding at the end
the following new subparagraph:
``(E) Because of any qualifying exigency
(as the Secretary shall, by regulation,
determine) arising out of the fact that the
spouse, or a son, daughter, or parent of the
employee is on active duty (or has been
notified of an impending call or order to
active duty) in the Armed Forces in support of
a contingency operation.''; and
(B) by adding at the end the following new
paragraphs:
``(3) Servicemember family leave.--Subject to
section 103, an eligible employee who is the spouse,
son, daughter, parent, or next of kin of a covered
servicemember shall be entitled to a total of 26
workweeks of leave during a 12-month period to care for
the servicemember. The leave described in this
paragraph shall only be available during a single 12-
month period.
``(4) Combined leave total.--During the single 12-
month period described in paragraph (3), an eligible
employee shall be entitled to a combined total of 26
workweeks of leave under paragraphs (1) and (3).
Nothing in this paragraph shall be construed to limit
the availability of leave under paragraph (1) during
any other 12-month period.''.
(3) Requirements relating to leave.--
(A) Schedule.--Section 102(b) of such Act
(29 U.S.C. 2612(b)) is amended--
(i) in paragraph (1), in the second
sentence--
(I) by striking ``section
103(b)(5)'' and inserting
``subsection (b)(5) or (f) (as
appropriate) of section 103'';
and
(II) by inserting ``or
under subsection (a)(3)'' after
``subsection (a)(1)'';
(ii) in paragraph (1), by inserting
after the second sentence the following
new sentence: ``Subject to subsection
(e)(3) and section 103(f), leave under
subsection (a)(1)(E) may be taken
intermittently or on a reduced leave
schedule.''; and
(iii) in paragraph (2), by
inserting ``or under subsection
(a)(3)'' after ``subsection (a)(1)''.
(B) Substitution of paid leave.--Section
102(d) of such Act (29 U.S.C. 2612(d)) is
amended--
(i) in paragraph (1)--
(I) by inserting ``(or 26
workweeks in the case of leave
provided under subsection
(a)(3))'' after ``12
workweeks'' the first place it
appears; and
(II) by inserting ``(or 26
workweeks, as appropriate)''
after ``12 workweeks'' the
second place it appears;
(ii) in paragraph (2)(A), by
striking ``or (C)'' and inserting
``(C), or (E)''; and
(iii) in paragraph (2)(B), by
adding at the end the following: ``An
eligible employee may elect, or an
employer may require the employee, to
substitute any of the accrued paid
vacation leave, personal leave, family
leave, or medical or sick leave of the
employee for leave provided under
subsection (a)(3) for any part of the
26-week period of such leave under such
subsection, except that nothing in this
title requires an employer to provide
paid sick leave or paid medical leave
in any situation in which the employer
would not normally provide any such
paid leave.''.
(C) Notice.--Section 102(e) of such Act (29
U.S.C. 2612(e)) is amended--
(i) in paragraph (2), by inserting
``or under subsection (a)(3)'' after
``subsection (a)(1)''; and
(ii) by adding at the end the
following new paragraph:
``(3) Notice for leave due to active duty of family
member.--In any case in which the necessity for leave
under subsection (a)(1)(E) is foreseeable, whether
because the spouse, or a son, daughter, or parent, of
the employee is on active duty, or because of
notification of an impending call or order to active
duty in support of a contingency operation, the
employee shall provide such notice to the employer as
is reasonable and practicable.''.
(D) Spouses employed by same employer.--
Section 102(f) of such Act (29 U.S.C. 2612(f))
is amended--
(i) by redesignating paragraphs (1)
and (2) as subparagraphs (A) and (B),
and aligning the margins of the
subparagraphs with the margins of
section 102(e)(2)(A);
(ii) by striking ``In any'' and
inserting the following:
``(1) In general.--In any''; and
(iii) by adding at the end the
following:
``(2) Servicemember family leave.--
``(A) In general.--The aggregate number of
workweeks of leave to which both that husband
and wife may be entitled under subsection (a)
may be limited to 26 workweeks during the
single 12-month period described in subsection
(a)(3) if the leave is--
``(i) leave under subsection
(a)(3); or
``(ii) a combination of leave under
subsection (a)(3) and leave described
in paragraph (1).
``(B) Both limitations applicable.--If the
leave taken by the husband and wife includes
leave described in paragraph (1), the
limitation in paragraph (1) shall apply to the
leave described in paragraph (1).''.
(E) Certification requirements.--Section
103 of such Act (29 U.S.C. 2613) is amended--
(i) in subsection (a)--
(I) by striking ``section
102(a)(1)'' and inserting
``paragraph (1) or paragraph
(3) of section 102(a)''; and
(II) by inserting ``or of
the next of kin of an
individual in the case of leave
taken under such paragraph
(3),'' after ``parent of the
employee,''; and
(ii) by adding at the end the
following:
``(f) Certification Related to Active Duty or Call to
Active Duty.--An employer may require that a request for leave
under section 102(a)(1)(E) be supported by a certification
issued at such time and in such manner as the Secretary may by
regulation prescribe. If the Secretary issues a regulation
requiring such certification, the employee shall provide, in a
timely manner, a copy of such certification to the employer.''.
(F) Failure to return.--Section 104(c) of
such Act (29 U.S.C. 2614(c)) is amended--
(i) in paragraph (2)(B)(i), by
inserting ``or under section
102(a)(3)'' before the semicolon; and
(ii) in paragraph (3)(A)--
(I) in clause (i), by
striking ``or'' at the end;
(II) in clause (ii), by
striking the period and
inserting ``; or''; and
(III) by adding at the end
the following:
``(iii) a certification issued by
the health care provider of the
servicemember being cared for by the
employee, in the case of an employee
unable to return to work because of a
condition specified in section
102(a)(3).''.
(G) Enforcement.--Section 107 of such Act
(29 U.S.C. 2617) is amended, in subsection
(a)(1)(A)(i)(II), by inserting ``(or 26 weeks,
in a case involving leave under section
102(a)(3))'' after ``12 weeks''.
(H) Instructional employees.--Section 108
of such Act (29 U.S.C. 2618) is amended, in
subsections (c)(1), (d)(2), and (d)(3), by
inserting ``or under section 102(a)(3)'' after
``section 102(a)(1)''.
(b) Servicemember Family Leave for Civil Service
Employees.--
(1) Definitions.--Section 6381 of title 5, United
States Code, is amended--
(A) in paragraph (5), by striking ``and''
at the end;
(B) in paragraph (6), by striking the
period and inserting a semicolon; and
(C) by adding at the end the following:
``(7) the term `active duty' means duty under a
call or order to active duty under a provision of law
referred to in section 101(a)(13)(B) of title 10;
``(8) the term `covered servicemember' means a
member of the Armed Forces, including a member of the
National Guard or Reserves, who is undergoing medical
treatment, recuperation, or therapy, is otherwise in an
outpatient status, or is otherwise on the temporary
disability retired list, for a serious injury or
illness;
``(9) the term `outpatient status', with respect to
a covered servicemember, means the status of a member
of the Armed Forces assigned to--
``(A) a military medical treatment facility
as an outpatient; or
``(B) a unit established for the purpose of
providing command and control of members of the
Armed Forces receiving medical care as
outpatients;
``(10) the term `next of kin', used with respect to
an individual, means the nearest blood relative of that
individual; and
``(11) the term `serious injury or illness', in the
case of a member of the Armed Forces, means an injury
or illness incurred by the member in line of duty on
active duty in the Armed Forces that may render the
member medically unfit to perform the duties of the
member's office, grade, rank, or rating.''.
(2) Entitlement to leave.--Section 6382(a) of such
title is amended by adding at the end the following:
``(3) Subject to section 6383, an employee who is the
spouse, son, daughter, parent, or next of kin of a covered
servicemember shall be entitled to a total of 26 administrative
workweeks of leave during a 12-month period to care for the
servicemember. The leave described in this paragraph shall only
be available during a single 12-month period.
``(4) During the single 12-month period described in
paragraph (3), an employee shall be entitled to a combined
total of 26 administrative workweeks of leave under paragraphs
(1) and (3). Nothing in this paragraph shall be construed to
limit the availability of leave under paragraph (1) during any
other 12-month period.''.
(3) Requirements relating to leave.--
(A) Schedule.--Section 6382(b) of such
title is amended--
(i) in paragraph (1), in the second
sentence--
(I) by striking ``section
6383(b)(5)'' and inserting
``subsection (b)(5) or (f) (as
appropriate) of section 6383'';
and
(II) by inserting ``or
under subsection (a)(3)'' after
``subsection (a)(1)''; and
(ii) in paragraph (2), by inserting
``or under subsection (a)(3)'' after
``subsection (a)(1)''.
(B) Substitution of paid leave.--Section
6382(d) of such title is amended by adding at
the end the following: ``An employee may elect
to substitute for leave under subsection (a)(3)
any of the employee's accrued or accumulated
annual or sick leave under subchapter I for any
part of the 26-week period of leave under such
subsection.''.
(C) Notice.--Section 6382(e) of such title
is amended by inserting ``or under subsection
(a)(3)'' after ``subsection (a)(1)''.
(D) Certification.--Section 6383 of such
title is amended by adding at the end the
following:
``(f) An employing agency may require that a request for
leave under section 6382(a)(3) be supported by a certification
issued at such time and in such manner as the Office of
Personnel Management may by regulation prescribe.''.
SEC. 586. FAMILY CARE PLANS AND DEFERMENT OF DEPLOYMENT OF SINGLE
PARENT OR DUAL MILITARY COUPLES WITH MINOR
DEPENDENTS.
The Secretary of Defense shall establish appropriate
procedures to ensure that an adequate family care plan is in
place for a member of the Armed Forces with minor dependents
who is a single parent or whose spouse is also a member of the
Armed Forces when the member may be deployed in an area for
which imminent danger pay is authorized under section 310 of
title 37, United States Code. Such procedures should allow the
member to request a deferment of deployment due to unforeseen
circumstances, and the request for such a deferment should be
considered and responded to promptly.
SEC. 587. EDUCATION AND TREATMENT SERVICES FOR MILITARY DEPENDENT
CHILDREN WITH AUTISM.
(a) Assessment of Availability of Services.--The Secretary
of Defense shall conduct a comprehensive assessment of the
availability of Federal, State, and local education and
treatment services on and in the vicinity of a covered military
installation for children of members of the Armed Forces who
are diagnosed with autism. This assessment shall include the
following:
(1) The local availability of adequate educational
services for children with autism.
(2) The local availability of adequate medical
services for children with autism.
(3) The local availability of supplemental services
for children with autism.
(4) The ease of access of children with autism to
adequate educational services, such as the length of
time on waiting lists.
(b) Review of Best Practices.--In preparing the assessment
under subsection (a), the Secretary of Defense shall conduct a
review of best practices in the United States in the provision
of covered educational services and treatment services for
children with autism, including an assessment of Federal and
State education and treatment services for children with autism
in each State, with an emphasis on locations where eligible
members and eligible dependents reside. The Secretary of
Defense shall conduct the review in coordination with the
Secretary of Education.
(c) Personnel Management Requirements.--
(1) Limited stationing options.--The Secretary of
the military department concerned shall ensure that,
whenever practicable, eligible members are only
assigned to military installations that are identified
in the report required by subsection (g)(1).
(2) Stabilization policy.--The Secretary of the
military department concerned shall ensure that,
whenever practicable, the families of eligible members
residing at a military installation that is identified
in such report are permitted to remain at that
installation for a period of not less than four years.
(d) Case Managers and Services.--
(1) Case managers.--The Secretary of the military
department concerned shall ensure that eligible members
are assigned case managers for both medical services
and covered educational services for eligible
dependents, which shall be required under the
Exceptional Family Member Program pursuant to the
policy established by the Secretary.
(2) Individualized services plan.--The Secretary of
the military department concerned shall provide for the
voluntary development for eligible dependents of
individualized autism services plans for use by case
managers, caregivers, and families to ensure continuity
of services throughout the active military service of
eligible members.
(3) Autism support centers.--Secretary of the
military department concerned may establish local
centers on military installations for the purpose of
providing and coordinating autism services for eligible
dependents.
(4) Partnerships and contracts.--The Secretary of
the military department concerned is encouraged to
enter into partnerships or contracts with other
appropriate public and private entities to carry out
the responsibilities of this section.
(e) Demonstration Projects.--
(1) Projects authorized.--The Secretary of Defense
may conduct one or more demonstration projects to
evaluate improved approaches to the provision of
covered educational services and treatment services to
eligible dependents for the purpose of evaluating
strategies for integrated treatment and case manager
services, including early intervention and diagnosis,
medical care, parent involvement, special education
services, intensive behavioral intervention, and
language, communications, and other interventions
considered appropriate by the Secretary.
(2) Case managers and services plan.--Each
demonstration project shall include the assignment of
case managers under paragraph (1) of subsection (d) and
utilize the services plans prepared for eligible
dependents under paragraph (2) of such subsection.
(3) Supervisory level providers.--The Secretary of
Defense may utilize for purposes of the demonstration
projects personnel who are professionals with a level
(as determined by the Secretary) of post-secondary
education that is appropriate for the provision of safe
and effective services for autism and who are from an
accredited educational facility in the mental health,
human development, social work, or education field to
act as supervisory level providers of behavioral
intervention services for autism. In so acting, such
personnel may be authorized--
(A) to develop and monitor intensive
behavior intervention plans for eligible
dependents who are participating in the
demonstration projects; and
(B) to provide appropriate training in the
provision of approved services to participating
eligible dependents.
(4) Services under corporate services provider
model.--In carrying out the demonstration projects, the
Secretary of Defense may utilize a corporate services
provider model. Employees of a provider under such a
model shall include personnel who implement special
educational and behavioral intervention plans for
eligible dependents that are developed, reviewed, and
maintained by supervisory level providers approved by
the Secretary. In authorizing such a model, the
Secretary shall establish--
(A) minimum education, training, and
experience criteria required to be met by
employees who provide services to eligible
dependents;
(B) requirements for supervisory personnel
and supervision, including requirements for
supervisor credentials and for the frequency
and intensity of supervision; and
(C) such other requirements as the
Secretary considers appropriate to ensure
safety and the protection of the eligible
dependents who receive services from such
employees under the demonstration projects.
(5) Period.--If the Secretary of Defense determines
to conduct demonstration projects under this
subsection, the Secretary shall commence such
demonstration projects not later than 180 days after
the date of the enactment of this Act. The
demonstration projects shall be conducted for not less
than two years.
(6) Evaluation.--The Secretary of Defense shall
conduct an evaluation of each demonstration project
conducted under this section. The evaluation shall
include the following:
(A) An assessment of the extent to which
the activities under the demonstration project
contributed to positive outcomes for eligible
dependents.
(B) An assessment of the extent to which
the activities under the demonstration project
led to improvements in services and continuity
of care for eligible dependents.
(C) An assessment of the extent to which
the activities under the demonstration project
improved military family readiness and enhanced
military retention.
(f) Relationship to Other Benefits.--Nothing is this
section precludes the eligibility of members of the Armed
Forces and their dependents for extended benefits under section
1079 of title 10, United States Code.
(g) Reports.--
(1) Report identifying covered military
installations.--As a result of the assessment required
by subsection (a), the Secretary of Defense shall
submit to the congressional defense committees, not
later than December 31, 2008, a report identifying
those covered military installations that have covered
educational services and facilities available (on the
installation or in the vicinity of the installation)
for eligible dependents that provide special education
and related services consistent with the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et
seq.).
(2) Reports on demonstration projects.--Not later
than 30 months after the commencement of any
demonstration project under subsection (e), the
Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of
Representatives a report on the demonstration project.
The report shall include a description of the project,
the results of the evaluation under subsection (e)(6)
with respect to the project, and a description of plans
for the further provision of services for eligible
dependents under the project.
(h) Covered Educational Services Plan.--After completing
the assessment required by subsection (a) and the report
required by subsection (g)(1), the Secretary of Defense shall
develop a plan that would ensure that all eligible dependents
are able to obtain covered educational services. In the event
that eligible members are assigned to military installations
that are not identified in the report required by subsection
(g)(1), the plan should ensure that such eligible dependents
are still able to obtain covered educational services,
including by the use of authority granted to the Secretary
under section 2164 of title 10, United States Code. The plan
shall also include any legislative actions that the Secretary
recommends to implement the plan and describe what funding or
funding mechanisms may be needed to ensure eligible dependents
obtain covered educational services. The Secretary shall submit
the plan to the congressional defense committees not later than
July 1, 2009.
(i) Definitions.--In this section:
(1) The term ``autism'' refers to the Autism
Spectrum Disorders, which are developmental
disabilities that cause substantial impairments in the
areas of social interaction, emotional regulation,
communication, and the integration of higher-order
cognitive processes and are often characterized by the
presence of unusual behaviors and interests. The term
includes autistic disorder, pervasive developmental
disorder (not otherwise specified), and Asperger's
syndrome.
(2) The term ``child'' has the meaning given that
term in section 1072 of title 10, United States Code.
(3) The term ``covered military installation''
means a military installation at which at least 1,000
members of the Armed Forces are assigned who are
eligible for an assignment accompanied by dependents.
(4) The term ``eligible member'' means a member of
the Armed Forces who--
(A) has a dependent child who is diagnosed
with autism; and
(B) is enrolled in an Exceptional Family
Member Program of the Department of Defense.
(5) The term ``eligible dependent'' means a child
of an eligible member who is diagnosed with autism.
(6) The term ``local educational agency'' has the
meaning given that term in section 8013(9) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)), except that the term includes publicly
financed schools in communities, Department of Defense
domestic dependent elementary and secondary schools,
and schools of the defense dependents' education
system.
(7) The term ``covered educational services''
includes behavioral intervention services for autism,
such as Applied Behavioral Analysis.
SEC. 588. COMMENDATION OF EFFORTS OF PROJECT COMPASSION IN PAYING
TRIBUTE TO MEMBERS OF THE ARMED FORCES WHO HAVE
FALLEN IN THE SERVICE OF THE UNITED STATES.
(a) Commendation.--Congress, on the behalf of the people of
the United States, commends Kaziah M. Hancock and the four
other volunteer professional portrait artists of the nonprofit
organization known as Project Compassion, as well as the entire
Project Compassion organization, for their ongoing efforts to
provide, without charge, to the family of each member of the
Armed Forces who has died on active duty since September 11,
2001, a museum-quality original oil portrait of the member.
(b) Sense of Congress.--It is the sense of Congress that
the people of the United States owe the deepest gratitude to
Kaziah M. Hancock and the members of Project Compassion.
Subtitle I--Other Matters
SEC. 590. UNIFORM PERFORMANCE POLICIES FOR MILITARY BANDS AND OTHER
MUSICAL UNITS.
(a) In General.--
(1) Consolidation of separate authorities.--Chapter
49 of title 10, United States Code, is amended by
inserting after section 973 the following new section:
``Sec. 974. Uniform performance policies for military bands and other
musical units
``(a) Restrictions on Competition and Remuneration.--Bands,
ensembles, choruses, or similar musical units of the armed
forces, including individual members of such a unit performing
in an official capacity, may not--
``(1) engage in the performance of music in
competition with local civilian musicians; or
``(2) receive remuneration for official
performances.
``(b) Members Performing in Personal Capacity.--A member of
a band, ensemble, chorus, or similar musical unit of the armed
forces may engage in the performance of music in the member's
personal capacity, as an individual or part of a group, for
remuneration or otherwise, if the member--
``(1) does not wear a military uniform for the
performance;
``(2) does not identify himself or herself as a
member of the armed forces in connection with the
performance; and
``(3) complies with all other applicable
regulations and standards of conduct.
``(c) Recordings.--(1) When authorized pursuant to
regulations prescribed by the Secretary of Defense for purposes
of this section, bands, ensembles, choruses, or similar musical
units of the armed forces may produce recordings for
distribution to the public, at a cost not to exceed production
and distribution expenses.
``(2) Amounts received in payment for recordings
distributed to the public under this subsection shall be
credited to the 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.
``(d) Performance of Music in Competition With Local
Civilian Musicians Defined.--(1) In this section, the term
`performance of music in competition with local civilian
musicians' includes performances--
``(A) that are more than incidental to events that
are not supported solely by appropriated funds and are
not free to the public; and
``(B) of background, dinner, dance, or other social
music at events, regardless of location, that are not
supported solely by appropriated funds.
``(2) The term does not include performances--
``(A) at official Federal Government events that
are supported solely by appropriated funds;
``(B) at concerts, parades, and other events that
are patriotic events or celebrations of national
holidays and are free to the public; or
``(C) that are incidental, such as short
performances of military or patriotic music to open or
close events, to events that are not supported solely
by appropriated funds, in compliance with applicable
rules and regulations.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by inserting
after the item relating to section 973 the following
new item:
``974. Uniform performance policies for military bands and other musical
units.''.
(b) Repeal of Separate Service Authorities.--
(1) Repeal.--Sections 3634, 6223, and 8634 of such
title are repealed.
(2) Table of sections.--(A) The table of sections
at the beginning of chapter 349 of such title is
amended by striking the item relating to section 3634.
(B) The table of sections at the beginning of
chapter 565 of such title is amended by striking the
item relating to section 6223.
(C) The table of sections at the beginning of
chapter 849 of such title is amended by striking the
item relating to section 8634.
SEC. 591. TRANSPORTATION OF REMAINS OF DECEASED MEMBERS OF THE ARMED
FORCES AND CERTAIN OTHER PERSONS.
Section 1482(a)(8) of title 10, United States Code, is
amended by adding at the end the following new sentence: ``When
transportation of the remains includes transportation by
aircraft under section 562 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10
U.S.C. 1482 note), the Secretary concerned shall provide, to
the maximum extent practicable, for delivery of the remains by
air to the commercial, general aviation, or military airport
nearest to the place selected by the designee.''.
SEC. 592. EXPANSION OF NUMBER OF ACADEMIES SUPPORTABLE IN ANY STATE
UNDER STARBASE PROGRAM.
Section 2193b(c)(3) of title 10, United States Code, is
amended--
(1) in subparagraph (A), by striking ``more than
two academies'' and inserting ``more than four
academies''; and
(2) in subparagraph (B), by striking ``in excess of
two'' both places it appears and inserting ``in excess
of four''.
SEC. 593. GIFT ACCEPTANCE AUTHORITY.
(a) Permanent Authority To Accept Gifts on Behalf of the
Wounded.--Section 2601(b) of title 10, United States Code, is
amended by striking paragraph (4).
(b) Limitation on Solicitation of Gifts.--The Secretary of
Defense shall prescribe regulations implementing sections 2601
and 2608 of title 10, United States Code, that prohibit the
solicitation of any gift under such sections by any employee of
the Department of Defense if the nature or circumstances of
such solicitation would compromise the integrity or the
appearance of integrity of any program of the Department of
Defense or of any individual involved in such program.
SEC. 594. CONDUCT BY MEMBERS OF THE ARMED FORCES AND VETERANS OUT OF
UNIFORM DURING HOISTING, LOWERING, OR PASSING OF
UNITED STATES FLAG.
Section 9 of title 4, United States Code, is amended by
striking ``all persons present'' and all that follows through
the end of the section and inserting the following: ``all
persons present in uniform should render the military salute.
Members of the Armed Forces and veterans who are present but
not in uniform may render the military salute. All other
persons present should face the flag and stand at attention
with their right hand over the heart, or if applicable, remove
their headdress with their right hand and hold it at the left
shoulder, the hand being over the heart. Citizens of other
countries present should stand at attention. All such conduct
toward the flag in a moving column should be rendered at the
moment the flag passes.''.
SEC. 595. ANNUAL REPORT ON CASES REVIEWED BY NATIONAL COMMITTEE FOR
EMPLOYER SUPPORT OF THE GUARD AND RESERVE.
Section 4332 of title 38, United States Code, is amended--
(1) by redesignating paragraphs (2), (3), (4), (5),
and (6) as paragraphs (3), (4), (5), (6), and (7)
respectively;
(2) by inserting after paragraph (1) the following
new paragraph (2):
``(2) The number of cases reviewed by the Secretary
of Defense under the National Committee for Employer
Support of the Guard and Reserve of the Department of
Defense during the fiscal year for which the report is
made.''; and
(3) in paragraph (5), as so redesignated, by
striking ``(2), or (3)'' and inserting ``(2), (3), or
(4)''.
SEC. 596. MODIFICATION OF CERTIFICATE OF RELEASE OR DISCHARGE FROM
ACTIVE DUTY (DD FORM 214).
The Secretary of Defense, in consultation with the
Secretary of Veterans Affairs, shall modify the Certificate of
Release or Discharge from Active Duty (DD Form 214) in order to
permit a member of the Armed Forces, upon discharge or release
from active duty in the Armed Forces, to elect that the DD-214
issued with regard to the member be forwarded to the following:
(1) The Central Office of the Department of
Veterans Affairs in the District of Columbia.
(2) The appropriate office of the Department of
Veterans Affairs for the State or other locality in
which the member will first reside after such discharge
or release.
SEC. 597. REPORTS ON ADMINISTRATIVE SEPARATIONS OF MEMBERS OF THE ARMED
FORCES FOR PERSONALITY DISORDER.
(a) Secretary of Defense Report on Administrative
Separations Based on Personality Disorder.--
(1) Report required.--Not later than April 1, 2008,
the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report on all cases of administrative
separation from the Armed Forces of covered members of
the Armed Forces on the basis of a personality
disorder.
(2) Elements.--The report required by paragraph (1)
shall include the following:
(A) A statement of the total number of
cases, by Armed Force, in which covered members
of the Armed Forces have been separated from
the Armed Forces on the basis of a personality
disorder, and an identification of the various
forms of personality disorder forming the basis
for such separations.
(B) A statement of the total number of
cases, by Armed Force, in which covered members
of the Armed Forces who have served in Iraq and
Afghanistan since October 2001 have been
separated from the Armed Forces on the basis of
a personality disorder, and the identification
of the various forms of personality disorder
forming the basis for such separations.
(C) A summary of the policies, by Armed
Force, controlling administrative separations
of members of the Armed Forces based on
personality disorder, and an evaluation of the
adequacy of such policies for ensuring that
covered members of the Armed Forces who may be
eligible for disability evaluation due to
mental health conditions are not separated from
the Armed Forces on the basis of a personality
order.
(D) A discussion of measures being
implemented to ensure that members of the Armed
Forces who should be evaluated for disability
separation or retirement due to mental health
conditions are not processed for separation
from the Armed Forces on the basis of a
personality disorder, and recommendations
regarding how members of the Armed Forces who
may have been so separated from the Armed
Forces should be provided with expedited review
by the applicable board for the correction of
military records.
(b) Comptroller General Report on Policies on
Administrative Separation Based on Personality Disorder.--
(1) Report required.--Not later than June 1, 2008,
the Comptroller General shall submit to Congress a
report evaluating the policies and procedures of the
Department of Defense and of the military departments
relating to the separation of members of the Armed
Forces based on a personality disorder.
(2) Elements.--The report required by paragraph (1)
shall--
(A) include an audit of a sampling of cases
to determine the validity and clinical efficacy
of the policies and procedures referred to in
paragraph (1) and the extent, if any, of the
divergence between the terms of such policies
and procedures and the implementation of such
policies and procedures; and
(B) include a determination by the
Comptroller General of whether, and to what
extent, the policies and procedures referred to
in paragraph (1)--
(i) deviate from standard clinical
diagnostic practices and current
clinical standards; and
(ii) provide adequate safeguards
aimed at ensuring that members of the
Armed Forces who suffer from mental
health conditions (including
depression, post-traumatic stress
disorder, or traumatic brain injury)
resulting from service in a combat zone
are not separated from the Armed Forces
on the basis of a personality disorder.
(3) Alternative submission method.--In lieu of
submitting a separate report under this subsection, the
Comptroller may include the evaluation, audit and
determination required by this subsection as part of
the study of mental health services required by section
723 of the Ronald W. Reagan National Defense
Authorization Act of 2005 (Public Law 108-375; 118
Stat. 1989).
(c) Covered Member of the Armed Forces Defined.--In this
section, the term ``covered member of the Armed Forces''
includes the following:
(1) Any member of a regular component of the Armed
Forces who has served in Iraq or Afghanistan since
October 2001.
(2) Any member of the Selected Reserve of the Ready
Reserve of the Armed Forces who served on active duty
in Iraq or Afghanistan since October 2001.
SEC. 598. PROGRAM TO COMMEMORATE 50TH ANNIVERSARY OF THE VIETNAM WAR.
(a) Commemorative Program Authorized.--The Secretary of
Defense may conduct a program to commemorate the 50th
anniversary of the Vietnam War. In conducting the commemorative
program, the Secretary shall coordinate, support, and
facilitate other programs and activities of the Federal
Government, State and local governments, and other persons and
organizations in commemoration of the Vietnam War.
(b) Schedule.--The Secretary of Defense shall determine the
schedule of major events and priority of efforts for the
commemorative program in order to ensure achievement of the
objectives specified in subsection (c).
(c) Commemorative Activities and Objectives.--The
commemorative program may include activities and ceremonies to
achieve the following objectives:
(1) To thank and honor veterans of the Vietnam War,
including personnel who were held as prisoners of war
or listed as missing in action, for their service and
sacrifice on behalf of the United States and to thank
and honor the families of these veterans.
(2) To highlight the service of the Armed Forces
during the Vietnam War and the contributions of Federal
agencies and governmental and non-governmental
organizations that served with, or in support of, the
Armed Forces.
(3) To pay tribute to the contributions made on the
home front by the people of the United States during
the Vietnam War.
(4) To highlight the advances in technology,
science, and medicine related to military research
conducted during the Vietnam War.
(5) To recognize the contributions and sacrifices
made by the allies of the United States during the
Vietnam War.
(d) Names and Symbols.--The Secretary of Defense shall have
the sole and exclusive right to use the name ``The United
States of America Vietnam War Commemoration'', and such seal,
emblems, and badges incorporating such name as the Secretary
may lawfully adopt. Nothing in this section may be construed to
supersede rights that are established or vested before the date
of the enactment of this Act.
(e) Commemorative Fund.--
(1) Establishment and administration.--If the
Secretary establishes the commemorative program under
subsection (a), the Secretary the Treasury shall
establish in the Treasury of the United States an
account to be known as the ``Department of Defense
Vietnam War Commemoration Fund'' (in this section
referred to as the ``Fund''). The Fund shall be
administered by the Secretary of Defense.
(2) Use of fund.--The Secretary shall use the
assets of the Fund only for the purpose of conducting
the commemorative program and shall prescribe such
regulations regarding the use of the Fund as the
Secretary considers to be necessary.
(3) Deposits.--There shall be deposited into the
Fund--
(A) amounts appropriated to the Fund;
(B) proceeds derived from the Secretary's
use of the exclusive rights described in
subsection (d);
(C) donations made in support of the
commemorative program by private and corporate
donors; and
(D) funds transferred to the Fund by the
Secretary from funds appropriated for fiscal
year 2008 and subsequent years for the
Department of Defense.
(4) Availability.--Subject to subsection (g)(2),
amounts deposited under paragraph (3) shall constitute
the assets of the Fund and remain available until
expended.
(5) Budget request.--The Secretary of Defense may
establish a separate budget line for the commemorative
program. In the budget justification materials
submitted by the Secretary in support of the budget of
the President for any fiscal year for which the
Secretary establishes the separate budget line, the
Secretary shall--
(A) identify and explain any amounts
expended for the commemorative program in the
fiscal year preceding the budget request;
(B) identify and explain the amounts being
requested to support the commemorative program
for the fiscal year of the budget request; and
(C) present a summary of the fiscal status
of the Fund.
(f) Acceptance of Voluntary Services.--
(1) Authority to accept services.--Notwithstanding
section 1342 of title 31, United States Code, the
Secretary of Defense may accept from any person
voluntary services to be provided in furtherance of the
commemorative program. The Secretary of Defense shall
prohibit the solicitation of any voluntary services if
the nature or circumstances of such solicitation would
compromise the integrity or the appearance of integrity
of any program of the Department of Defense or of any
individual involved in the program.
(2) Reimbursement of incidental expenses.--The
Secretary may provide for reimbursement of incidental
expenses incurred by a person providing voluntary
services under this subsection. The Secretary shall
determine which expenses are eligible for reimbursement
under this paragraph.
(g) Final Report.--
(1) Report required.--Not later than 60 days after
the end of the commemorative program, if established by
the Secretary of Defense under subsection (a), the
Secretary shall submit to Congress a report containing
an accounting of--
(A) all of the funds deposited into and
expended from the Fund;
(B) any other funds expended under this
section; and
(C) any unobligated funds remaining in the
Fund.
(2) Treatment of unobligated funds.--Unobligated
amounts remaining in the Fund as of the end of the
commemorative period specified in subsection (b) shall
be held in the Fund until transferred by law.
(h) Limitation on Expenditures.--Total expenditures from
the Fund, using amounts appropriated to the Department of
Defense, may not exceed $5,000,000 for fiscal year 2008 or for
any subsequent fiscal year to carry out the commemorative
program.
(i) Funding.--Of the amount authorized to be appropriated
pursuant to section 301(5) for Defense-wide activities,
$1,000,000 shall be available for deposit in the Fund for
fiscal year 2008 if the Fund is established under subsection
(e).
SEC. 599. RECOGNITION OF MEMBERS OF THE MONUMENTS, FINE ARTS, AND
ARCHIVES PROGRAM OF THE CIVIL AFFAIRS AND MILITARY
GOVERNMENT SECTIONS OF THE ARMED FORCES DURING AND
FOLLOWING WORLD WAR II.
Congress hereby--
(1) recognizes the men and women who served in the
Monuments, Fine Arts, and Archives program (MFAA) under
the Civil Affairs and Military Government Sections of
the United States Armed Forces for their heroic role in
the preservation, protection, and restitution of
monuments, works of art, and other artifacts of
inestimable cultural importance in Europe and Asia
during and following World War II;
(2) recognizes that without their dedication and
service, many more of the world's artistic and historic
treasures would have been destroyed or lost forever
amidst the chaos and destruction of World War II;
(3) acknowledges that the detailed catalogues,
documentation, inventories, and photographs developed
and compiled by MFAA personnel during and following
World War II, have made, and continue to make, possible
the restitution of stolen works of art to their
rightful owners; and
(4) commends and extols the members of the MFAA for
establishing a precedent for action to protect cultural
property in the event of armed conflict, and by their
action setting a standard not just for one country, but
for people of all nations to acknowledge and uphold.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2008 increase in military basic pay.
Sec. 602. Basic allowance for housing for reserve component members
without dependents who attend accession training while
maintaining a primary residence.
Sec. 603. Extension and enhancement of authority for temporary lodging
expenses for members of the Armed Forces in areas subject to
major disaster declaration or for installations experiencing
sudden increase in personnel levels.
Sec. 604. Income replacement payments for reserve component members
experiencing extended and frequent mobilization for active
duty service.
Sec. 605. Midmonth payment of basic pay for contributions of members of
the uniformed services participating in Thrift Savings Plan.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonus and special pay authorities for
Reserve forces.
Sec. 612. Extension of certain bonus and special pay authorities for
health care professionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear
officers.
Sec. 614. Extension of authorities relating to payment of other bonuses
and special pays.
Sec. 615. Increase in incentive special pay and multiyear retention
bonus for medical officers.
Sec. 616. Increase in dental officer additional special pay.
Sec. 617. Increase in maximum monthly rate of hardship duty pay and
authority to provide hardship duty pay in a lump sum.
Sec. 618. Definition of sea duty for career sea pay to include service
as off-cycle crewmembers of multi-crew ships.
Sec. 619. Reenlistment bonus for members of the Selected Reserve.
Sec. 620. Availability of Selected Reserve accession bonus for persons
who previously served in the Armed Forces for a short period.
Sec. 621. Availability of nuclear officer continuation pay for officers
with more than 26 years of commissioned service.
Sec. 622. Waiver of years-of-service limitation on receipt of critical
skills retention bonus.
Sec. 623. Accession bonus for participants in the Armed Forces Health
Professions Scholarship and Financial Assistance Program.
Sec. 624. Payment of assignment incentive pay for Reserve members
serving in combat zone for more than 22 months.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Payment of inactive duty training travel costs for certain
Selected Reserve members.
Sec. 632. Survivors of deceased members eligible for transportation to
attend burial ceremonies.
Sec. 633. Allowance for participation of Reserves in electronic
screening.
Sec. 634. Allowance for civilian clothing for members of the Armed
Forces traveling in connection with medical evacuation.
Sec. 635. Payment of moving expenses for Junior Reserve Officers'
Training Corps instructors in hard-to-fill positions.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 641. Expansion of combat-related special compensation eligibility.
Sec. 642. Inclusion of veterans with service-connected disabilities
rated as total by reason of unemployability under termination
of phase-in of concurrent receipt of retired pay and veterans'
disability compensation.
Sec. 643. Recoupment of annuity amounts previously paid, but subject to
offset for dependency and indemnity compensation.
Sec. 644. Special survivor indemnity allowance for persons affected by
required Survivor Benefit Plan annuity offset for dependency
and indemnity compensation.
Sec. 645. Modification of authority of members of the Armed Forces to
designate recipients for payment of death gratuity.
Sec. 646. Clarification of application of retired pay multiplier
percentage to members of the uniformed services with over 30
years of service.
Sec. 647. Commencement of receipt of non-regular service retired pay by
members of the Ready Reserve on active Federal status or
active duty for significant periods.
Sec. 648. Computation of years of service for purposes of retired pay
for non-regular service.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
Sec. 651. Authority to continue commissary and exchange benefits for
certain involuntarily separated members of the Armed Forces.
Sec. 652. Authorization of installment deductions from pay of employees
of nonappropriated fund instrumentalities to collect
indebtedness to the United States.
Subtitle F--Consolidation of Special Pay, Incentive Pay, and Bonus
Authorities
Sec. 661. Consolidation of special pay, incentive pay, and bonus
authorities of the uniformed services.
Sec. 662. Transitional provisions.
Subtitle G--Other Matters
Sec. 671. Referral bonus authorities.
Sec. 672. Expansion of education loan repayment program for members of
the Selected Reserve.
Sec. 673. Ensuring entry into United States after time abroad for
permanent resident alien military spouses and children.
Sec. 674. Overseas naturalization for military spouses and children.
Sec. 675. Modification of amount of back pay for members of Navy and
Marine Corps selected for promotion while interned as
prisoners of war during World War II to take into account
changes in Consumer Price Index.
Subtitle A--Pay and Allowances
SEC. 601. FISCAL YEAR 2008 INCREASE IN MILITARY BASIC PAY.
(a) Waiver of Section 1009 Adjustment.--The adjustment to
become effective during fiscal year 2008 required by section
1009 of title 37, United States Code, in the rates of monthly
basic pay authorized members of the uniformed services shall
not be made.
(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.
SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR RESERVE COMPONENT MEMBERS
WITHOUT DEPENDENTS WHO ATTEND ACCESSION TRAINING
WHILE MAINTAINING A PRIMARY RESIDENCE.
(a) Availability of Allowance.--Section 403(g)(1) of title
37, United States Code, is amended--
(1) by inserting ``to attend accession training,''
after ``active duty'' the first place it appears; and
(2) by inserting a comma after ``contingency
operation'' the first place it appears.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to months beginning on or after the
date of the enactment of this Act.
SEC. 603. EXTENSION AND ENHANCEMENT OF AUTHORITY FOR TEMPORARY LODGING
EXPENSES FOR MEMBERS OF THE ARMED FORCES IN AREAS
SUBJECT TO MAJOR DISASTER DECLARATION OR FOR
INSTALLATIONS EXPERIENCING SUDDEN INCREASE IN
PERSONNEL LEVELS.
(a) Maximum Period of Receipt of Expenses.--Section
404a(c)(3) of title 37, United States Code, is amended by
striking ``20 days'' and inserting ``60 days''.
(b) Extension of Authority for Increase in Certain BAH.--
Section 403(b)(7)(E) of such title is amended by striking
``December 31, 2008'' and inserting ``December 31, 2009''.
SEC. 604. INCOME REPLACEMENT PAYMENTS FOR RESERVE COMPONENT MEMBERS
EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION FOR
ACTIVE DUTY SERVICE.
(a) Clarification Regarding When Payments Required.--
Subsection (a) of section 910 of title 37, United States Code,
is amended by inserting before the period at the end of the
first sentence the following: ``, when the total monthly
military compensation of the member is less than the average
monthly civilian income of the member''.
(b) Eligibility.--Subsection (b) of such section is amended
to read as follows:
``(b) Eligibility.--(1) A member of a reserve component is
entitled to a payment under this section for any full month of
active duty of the member, when the total monthly military
compensation of the member is less than the average monthly
civilian income of the member, while the member is on active
duty under an involuntary mobilization order, following the
date on which the member--
``(A) completes 547 continuous days of service on
active duty under an involuntary mobilization order;
``(B) completes 730 cumulative days on active duty
under an involuntary mobilization order during the
previous 1,826 days; or
``(C) is involuntarily mobilized for service on
active duty for a period of 180 days or more within 180
days after the date of the member's separation from a
previous period of active duty for a period of 180 days
or more.
``(2) The entitlement of a member of a reserve component to
a payment under this section also shall commence or, if
previously commenced under paragraph (1), shall continue if the
member--
``(A) satisfies the required number of days on
active duty specified in subparagraph (A) or (B) of
paragraph (1) or was involuntarily mobilized as
provided in subparagraph (C) of such paragraph; and
``(B) is retained on active duty under subparagraph
(A) or (B) of section 12301(h)(1) of title 10 because
of an injury or illness incurred or aggravated while
the member was assigned to duty in an area for which
special pay under section 310 of this title is
available.''.
(c) Termination of Authority.--Subsection (g) of such
section is amended to read as follows:
``(g) Termination.--No payment shall be made to a member
under this section for months beginning after December 31,
2008, unless the entitlement of the member to payments under
this section commenced on or before that date.''.
SEC. 605. MIDMONTH PAYMENT OF BASIC PAY FOR CONTRIBUTIONS OF MEMBERS OF
THE UNIFORMED SERVICES PARTICIPATING IN THRIFT
SAVINGS PLAN.
(a) Semi-Monthly Deposit of Member's Contributions.--
Section 1014 of title 37, United States Code, is amended by
adding at the end the following new subsection:
``(c) With respect to a member of the uniformed services
who has elected to participate in the Thrift Savings Plan under
section 211 of this title, subsection (a) does not preclude the
payment of an amount equal to one-half of the monthly deposit
to the Thrift Savings Fund otherwise to be made by the member
in participating in the Plan, which amount may be deposited in
the Thrift Savings Fund at midmonth.''.
(b) Semi-Monthly Repayment of Borrowed Amounts.--Section
211 of such title is amended by adding at the end the following
new subsection:
``(e) Repayment of Amounts Borrowed From Member Account.--
If a loan is issued to a member under section 8433(g) of title
5 from funds in the member's account in the Thrift Savings
Plan, repayment of the loan may be required on the same semi-
monthly basis as authorized for contributions to the Thrift
Savings Fund on behalf of the member under section 1014(c) of
this title.''.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR
RESERVE FORCES.
(a) Selected Reserve Reenlistment Bonus.--Section 308b(g)
of title 37, United States Code, is amended by striking
``December 31, 2007'' and inserting ``December 31, 2008''.
(b) Selected Reserve Affiliation or Enlistment Bonus.--
Section 308c(i) of such title is amended by striking ``December
31, 2007'' and inserting ``December 31, 2008''.
(c) Special Pay for Enlisted Members Assigned to Certain
High Priority Units.--Section 308d(c) of such title is amended
by striking ``December 31, 2007'' and inserting ``December 31,
2008''.
(d) Ready Reserve Enlistment Bonus for Persons Without
Prior Service.--Section 308g(f)(2) of such title is amended by
striking ``December 31, 2007'' and inserting ``December 31,
2008''.
(e) Ready Reserve Enlistment and Reenlistment Bonus for
Persons With Prior Service.--Section 308h(e) of such title is
amended by striking ``December 31, 2007'' and inserting
``December 31, 2008''.
(f) Selected Reserve Enlistment Bonus for Persons With
Prior Service.--Section 308i(f) of such title is amended by
striking ``December 31, 2007'' and inserting ``December 31,
2008''.
SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR
HEALTH CARE PROFESSIONALS.
(a) Nurse Officer Candidate Accession Program.--Section
2130a(a)(1) of title 10, United States Code, is amended by
striking ``December 31, 2007'' and inserting ``December 31,
2008''.
(b) Repayment of Education Loans for Certain Health
Professionals Who Serve in the Selected Reserve.--Section
16302(d) of such title is amended by striking ``January 1,
2008'' and inserting ``January 1, 2009''.
(c) Accession Bonus for Registered Nurses.--Section
302d(a)(1) of title 37, United States Code, is amended by
striking ``December 31, 2007'' and inserting ``December 31,
2008''.
(d) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title is amended by striking ``December 31,
2007'' and inserting ``December 31, 2008''.
(e) Special Pay for Selected Reserve Health Professionals
in Critically Short Wartime Specialties.--Section 302g(e) of
such title is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
(f) Accession Bonus for Dental Officers.--Section
302h(a)(1) of such title is amended by striking ``December 31,
2007'' and inserting ``December 31, 2008''.
(g) Accession Bonus for Pharmacy Officers.--Section 302j(a)
of such title is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
(h) Accession Bonus for Medical Officers in Critically
Short Wartime Specialties.--Section 302k(f) of such title is
amended by striking ``December 31, 2007'' and inserting
``December 31, 2008''.
(i) Accession Bonus for Dental Specialist Officers in
Critically Short Wartime Specialties.--Section 302l(g) of such
title is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR NUCLEAR
OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending
Period of Active Service.--Section 312(f) of title 37, United
States Code, is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
(b) Nuclear Career Accession Bonus.--Section 312b(c) of
such title is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d)
of such title is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER BONUSES
AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of
title 37, United States Code, is amended by striking ``December
31, 2007'' and inserting ``December 31, 2008''.
(b) Reenlistment Bonus for Active Members.--Section 308(g)
of such title is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
(c) Enlistment Bonus.--Section 309(e) of such title is
amended by striking ``December 31, 2007'' and inserting
``December 31, 2008''.
(d) Retention Bonus for Members With Critical Military
Skills or Assigned to High Priority Units.--Section 323(i) of
such title is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
(e) Accession Bonus for New Officers in Critical Skills.--
Section 324(g) of such title is amended by striking ``December
31, 2007'' and inserting ``December 31, 2008''.
(f) Incentive Bonus for Conversion to Military Occupational
Specialty to Ease Personnel Shortage.--Section 326(g) of such
title is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
(g) Accession Bonus for Officer Candidates.--Section 330(f)
of such title is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
(h) Prohibition on Charges for Meals Received at Military
Treatment Facilities by Members Receiving Continuous Care.--
Section 402(h)(3) of such title is amended by striking
``December 31, 2007'' and inserting ``December 31, 2008''.
SEC. 615. INCREASE IN INCENTIVE SPECIAL PAY AND MULTIYEAR RETENTION
BONUS FOR MEDICAL OFFICERS.
(a) Incentive Special Pay.--Section 302(b)(1) of title 37,
United States Code, is amended by striking ``$50,000'' and
inserting ``$75,000''.
(b) Multiyear Retention Bonus.--Section 301d(a)(2) of title
37, United States Code, is amended by striking ``$50,000'' and
inserting ``$75,000''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to agreements entered into under
section 301d(a) or 302b(c) of title 37, United States Code, on
or after the date of the enactment of this Act.
SEC. 616. INCREASE IN DENTAL OFFICER ADDITIONAL SPECIAL PAY.
(a) Increase.--Section 302b(a)(4) of title 37, United
States Code, is amended--
(1) in the matter preceding subparagraph (A), by
striking ``at the following rates'' and inserting ``at
a rate determined by the Secretary concerned, which
rate may not exceed the following'';
(2) in subparagraph (A), by striking ``$4,000'' and
inserting ``$10,000''; and
(3) in subparagraph (B), by striking ``$6,000'' and
inserting ``$12,000''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to agreements entered into under
section 302b(b) of title 37, United States Code, on or after
the date of the enactment of this Act.
SEC. 617. INCREASE IN MAXIMUM MONTHLY RATE OF HARDSHIP DUTY PAY AND
AUTHORITY TO PROVIDE HARDSHIP DUTY PAY IN A LUMP
SUM.
Section 305 of title 37, United States Code, is amended to
read as follows:
``Sec. 305. Special pay: hardship duty pay
``(a) Special Pay Authorized.--A member of a uniformed
service who is entitled to basic pay may be paid special pay
under this section while the member is performing duty that is
designated by the Secretary of Defense as hardship duty.
``(b) Payment on Monthly or Lump Sum Basis.--Special pay
payable under this section may be paid on a monthly basis or in
a lump sum.
``(c) Maximum Rate or Amount.--(1) The monthly rate of
special pay payable to a member under this section may not
exceed $1,500.
``(2) The amount of the lump sum payment of special pay
payable to a member under this section may not exceed the
product of--
``(A) the maximum monthly rate in effect under
paragraph (1) at the time the member qualifies for
payment of special pay under this section; and
``(B) the number of months during which the member
will be performing the designated hardship duty.
``(d) Relationship to Other Pay and Allowances.--Special
pay paid to a member under this section is in addition to any
other pay and allowances to which the member is entitled.
``(e) Repayment.--A member who is paid special pay in a
lump sum under this section, but who fails to perform the
designated hardship duty during the months included in the
calculation of the amount of the lump sum under subsection
(c)(2), shall be subject to the repayment provisions of section
303a(e) of this title.
``(f) Regulations.--The Secretary of Defense shall
prescribe regulations for the payment of hardship duty pay
under this section, including the specific monthly rates at
which the special pay will be available.''.
SEC. 618. DEFINITION OF SEA DUTY FOR CAREER SEA PAY TO INCLUDE SERVICE
AS OFF-CYCLE CREWMEMBERS OF MULTI-CREW SHIPS.
Section 305a(e)(1)(A) of title 37, United States Code, is
amended--
(1) by striking ``or'' at the end of clause (ii);
and
(2) by adding at the end the following new clause:
``(iv) while serving as an off-cycle
crewmember of a multi-crewed ship; or''.
SEC. 619. REENLISTMENT BONUS FOR MEMBERS OF THE SELECTED RESERVE.
(a) Minimum Term of Reenlistment or Enlistment Extension.--
Subsection (a)(2) of 308b of title 37, United States Code, is
amended by striking ``his enlistment for a period of three
years or for a period of six years'' and inserting ``an
enlistment for a period of at least three years''.
(b) Maximum Bonus Amount.--Subsection (b)(1) of such
section is amended by striking ``may not exceed'' and all that
follows through the end of the paragraph and inserting ``may
not exceed $15,000.''.
(c) Conforming Amendments Regarding Eligibility
Requirements.--Subsection (c) of such section is amended--
(1) by striking the subsection heading and all that
follows through ``(2) In the case'' and inserting
``Waiver of Condition on Eligibility.--In the case'';
and
(2) by striking ``paragraph (1)(B) or''.
(d) Effective Date.--The amendments made by this section
shall apply with respect to reenlistments or extensions of
enlistment that occur on or after the date of the enactment of
this Act.
SEC. 620. AVAILABILITY OF SELECTED RESERVE ACCESSION BONUS FOR PERSONS
WHO PREVIOUSLY SERVED IN THE ARMED FORCES FOR A
SHORT PERIOD.
Section 308c(c)(1) of title 37, United States Code, is
amended by inserting before the semicolon the following: ``or
has served in the armed forces, but was released from such
service before completing the basic training requirements of
the armed force of which the person was a member and the
service was characterized as either honorable or
uncharacterized''.
SEC. 621. AVAILABILITY OF NUCLEAR OFFICER CONTINUATION PAY FOR OFFICERS
WITH MORE THAN 26 YEARS OF COMMISSIONED SERVICE.
(a) Increase.--Section 312 of title 37, United States Code,
is amended--
(1) in subsection (a)(3), by striking ``26 years''
and inserting ``30 years''; and
(2) in subsection (e)(1), by striking ``the end of
26 years of commissioned service'' and inserting ``the
maximum number of years of commissioned service
authorized by subsection (a)(3)''.
(b) Effect on Existing Agreements.--The Secretary of the
Navy and an officer of the naval service who is a party to an
agreement under section 312 of title 37, United States Code,
that was entered into before the date of the enactment of this
Act may revise the agreement to reflect the new limitation on
the number of years of commissioned service that the officer
may serve while remaining eligible for special pay under such
section.
SEC. 622. WAIVER OF YEARS-OF-SERVICE LIMITATION ON RECEIPT OF CRITICAL
SKILLS RETENTION BONUS.
Section 323(e) of title 37, United States Code, is amended
by adding at the end the following new paragraph:
``(4) The Secretary of Defense, or the Secretary of
Homeland Security with respect to the Coast Guard when it is
not operating as a service in the Navy, may waive the
limitations in paragraph (1) with respect to a member who,
during the period of active duty or service in an active status
in a reserve component for which the bonus is being offered, is
assigned duties in a skill designated as critical under
subsection (b)(1). The authority to grant a waiver under this
paragraph may not be delegated below the Under Secretary of
Defense for Personnel and Readiness or the Deputy Secretary of
the Department of Homeland Security.''.
SEC. 623. ACCESSION BONUS FOR PARTICIPANTS IN THE ARMED FORCES HEALTH
PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE
PROGRAM.
(a) Accession Bonus Authorized.--Subchapter I of chapter
105 of title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 2128. Accession bonus for members of the program
``(a) Availability of Bonus.--The Secretary of Defense may
offer a person who enters into an agreement under section
2122(a)(2) of this title an accession bonus of not more than
$20,000 as part of the agreement.
``(b) Relation to Other Payments.--An accession bonus paid
a person under this section is in addition to any other amounts
payable to the person under this subchapter.
``(c) Repayment.--A person who receives an accession bonus
under this section, but fails to comply with the agreement
under section 2122(a)(2) of this title or to commence or
complete the active duty obligation imposed by section 2123 of
this title, shall be subject to the repayment provisions of
section 303a(e) of title 37.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``2128. Accession bonus for members of the program.''.
(c) Effective Date.--The amendment made by subsection (a)
shall apply with respect to agreements entered into under
section 2122(a)(2) of title 10, United States Code, on or after
the date of the enactment of this Act.
SEC. 624. PAYMENT OF ASSIGNMENT INCENTIVE PAY FOR RESERVE MEMBERS
SERVING IN COMBAT ZONE FOR MORE THAN 22 MONTHS.
(a) Payment.--The Secretary of a military department may
pay assignment incentive pay under section 307a of title 37,
United States Code, to a member of a reserve component under
the jurisdiction of the Secretary for each month during the
eligibility period of the member determined under subsection
(b) during which the member served for any portion of the month
in a combat zone associated with Operating Enduring Freedom or
Operation Iraqi Freedom in excess of 22 months of qualifying
service.
(b) Eligibility Period.--The eligibility period for a
member extends from January 1, 2005, through the end of the
active duty service of the member in a combat zone associated
with Operating Enduring Freedom or Operation Iraqi Freedom if
the service on active duty during the member's most recent
period of mobilization to active duty began before January 19,
2007.
(c) Amount of Payment.--The monthly rate of incentive pay
payable to a member under this section is $1,000.
(d) Qualifying Service.--For purposes of this section,
qualifying service includes cumulative mobilized service on
active duty under sections 12301(d), 12302, and 12304 of title
10, United States Code, during the period beginning on January
1, 2003, through the end of the member's active duty service
during the member's most recent period of mobilization to
active duty beginning before January 19, 2007.
Subtitle C--Travel and Transportation Allowances
SEC. 631. PAYMENT OF INACTIVE DUTY TRAINING TRAVEL COSTS FOR CERTAIN
SELECTED RESERVE MEMBERS.
(a) Payment of Travel Costs Authorized.--
(1) In general.--Chapter 7 of title 37, United
States Code, is amended by inserting after section 408
the following new section:
``Sec. 408a. Travel and transportation allowances: inactive duty
training outside of normal commuting distances
``(a) Allowance Authorized.--The Secretary concerned may
reimburse an eligible member of the Selected Reserve of the
Ready Reserve for travel expenses for travel to an inactive
duty training location to perform inactive duty training when
the member is required to commute a distance from the member's
permanent residence to the inactive duty training location that
is outside the normal commuting distance (as determined under
the regulations prescribed under subsection (d)) for that
commute.
``(b) Eligible Members.--To be eligible for reimbursement
under subsection (a), a member of the Selected Reserve of the
Ready Reserve must be--
``(1) qualified in a skill designated as critically
short by the Secretary concerned;
``(2) assigned to a unit of the Selected Reserve
with a critical manpower shortage or in a pay grade in
the member's reserve component with a critical manpower
shortage; or
``(3) assigned to a unit or position that is
disestablished or relocated as a result of defense base
closure or realignment or another force structure
reallocation.
``(c) Maximum Reimbursement Amount.--The amount of
reimbursement provided a member under subsection (a) for each
round trip to a training location may not exceed $300.
``(d) Regulations.--The Secretary concerned shall prescribe
regulations to carry out this section. Regulations prescribed
by the Secretary of a military department shall be subject to
the approval of the Secretary of Defense.
``(e) Termination.--No reimbursement may be provided under
this section for travel that occurs after December 31, 2010.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 7 of such title is amended by
inserting after the item relating to section 408 the
following new item:
``408a. Travel and transportation allowances: inactive duty training
outside of normal commuting distances.''.
(b) Application of Amendment.--No reimbursement may be
provided under section 408a of title 37, United States Code, as
added by subsection (a), for travel costs incurred before the
date of the enactment of this Act.
SEC. 632. SURVIVORS OF DECEASED MEMBERS ELIGIBLE FOR TRANSPORTATION TO
ATTEND BURIAL CEREMONIES.
(a) Eligible Relatives.--Paragraph (1) of section 411f(c)
of title 37, United States Code, is amended--
(1) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) The child or children of the deceased member
(including stepchildren, adopted children, and
illegitimate children).''; and
(2) by adding at the end the following new
subparagraphs:
``(D) The sibling or siblings of the deceased
member.
``(E) The person who directs the disposition of the
remains of the deceased member under section 1482(c) of
title 10 or, in the case of a deceased member whose
remains are commingled and buried in a common grave in
a national cemetery, the person who would have been
designated under such section to direct the disposition
of the remains if individual identification had been
made.''.
(b) Other Persons.--Paragraph (2) of such section is
amended to read as follows:
``(2) If no person described in subparagraphs (A) through
(D) of paragraph (1) is provided travel and transportation
allowances under subsection (a)(1), the travel and
transportation allowances may be provided to one or two other
persons who are closely related to the deceased member and are
selected by the person referred to in paragraph (1)(E). A
person provided travel and transportation allowances under this
paragraph is in addition to the person referred to in paragraph
(1)(E).''.
SEC. 633. ALLOWANCE FOR PARTICIPATION OF RESERVES IN ELECTRONIC
SCREENING.
(a) Allowance for Participation in Electronic Screening.--
(1) In general.--Chapter 7 of title 37, United
States Code, is amended by inserting after section 433
the following new section:
``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.
``(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.
``(b) Maximum Payment.--The aggregate amount of the stipend
paid a member of the Individual Ready Reserve under this
section in any calendar year may not exceed $50.
``(c) Payment Requirements.--(1) The stipend authorized by
this section may not be disbursed in kind.
``(2) Payment of a stipend to a member of the Individual
Ready Reserve under this section for participation in screening
shall be made on or after the date of participation in such
screening, but not later than 30 days after such date.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 7 of such title is amended by
inserting after the item relating to section 433 the
following new item:
``433a. Allowance for participation in Ready Reserve screening.''.
(b) Bar to Dual Compensation.--Section 206 of such title is
amended by adding at the end the following new subsection:
``(f) A member of the Individual Ready Reserve is not
entitled to compensation under this section for participation
in screening for which the member is paid a stipend under
section 433a of this title.''.
(c) Bar to Retirement Credit.--Section 12732(b) of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(8) Service in the screening performed pursuant
to section 10149 of this title through electronic
means, regardless of whether or not a stipend is paid
the member concerned for such service under section
433a of title 37.''.
SEC. 634. ALLOWANCE FOR CIVILIAN CLOTHING FOR MEMBERS OF THE ARMED
FORCES TRAVELING IN CONNECTION WITH MEDICAL
EVACUATION.
Section 1047(a) of title 10, United States Code, is amended
by inserting ``and luggage'' after ``civilian clothing'' both
places it appears.
SEC. 635. PAYMENT OF MOVING EXPENSES FOR JUNIOR RESERVE OFFICERS'
TRAINING CORPS INSTRUCTORS IN HARD-TO-FILL
POSITIONS.
Section 2031 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(f)(1) When determined by the Secretary of the military
department concerned to be in the national interest and agreed
upon by the institution concerned, the institution may
reimburse a Junior Reserve Officers' Training Corps instructor
for moving expenses incurred by the instructor to accept
employment at the institution in a position that the Secretary
concerned determines is hard-to-fill for geographic or economic
reasons.
``(2) As a condition on providing reimbursement under
paragraph (1), the institution shall require the instructor to
execute a written agreement to serve a minimum of two years of
employment at the institution in the hard-to-fill position.
``(3) Any reimbursement provided to an instructor under
paragraph (1) is in addition to the minimum instructor pay
otherwise payable to the instructor.
``(4) The Secretary concerned shall reimburse an
institution providing reimbursement to an instructor under
paragraph (1) in an amount equal to the amount of the
reimbursement paid by the institution under that paragraph. Any
reimbursement provided by the Secretary concerned shall be
provided from funds appropriated for that purpose.
``(5) The provision of reimbursement under paragraph (1) or
(4) shall be subject to regulations prescribed by the Secretary
of Defense for purposes of this subsection.''.
Subtitle D--Retired Pay and Survivor Benefits
SEC. 641. EXPANSION OF COMBAT-RELATED SPECIAL COMPENSATION ELIGIBILITY.
(a) Expanded Eligibility for Chapter 61 Military
Retirees.--Subsection (c) of section 1413a of title 10, United
States Code, is amended by striking ``entitled to retired pay
who--'' and all that follows and inserting ``who--
``(1) is entitled to retired pay (other than by
reason of section 12731b of this title); and
``(2) has a combat-related disability.''.
(b) Computation.--Paragraph (3) of subsection (b) of such
section is amended--
(1) by striking ``In the case of'' and inserting
the following:
``(A) General rule.--In the case of''; and
(2) by adding at the end the following new
subparagraph:
``(B) Special rule for retirees with fewer
than 20 years of service.--In the case of an
eligible combat-related disabled uniformed
services retiree who is retired under chapter
61 of this title with fewer than 20 years of
creditable service, the amount of the payment
under paragraph (1) for any month shall be
reduced by the amount (if any) by which the
amount of the member's retired pay under
chapter 61 of this title exceeds the amount
equal to 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.''.
(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.
SEC. 642. INCLUSION OF VETERANS WITH SERVICE-CONNECTED DISABILITIES
RATED AS TOTAL BY REASON OF UNEMPLOYABILITY UNDER
TERMINATION OF PHASE-IN OF CONCURRENT RECEIPT OF
RETIRED PAY AND VETERANS' DISABILITY COMPENSATION.
(a) Inclusion of Veterans.--Section 1414(a)(1) of title 10,
United States Code, is amended by striking ``except that'' and
all that follows and inserting ``except that payment of retired
pay is subject to subsection (c) only during the period
beginning on January 1, 2004, and ending on December 31, 2004,
in the case of the following:
``(A) A qualified retiree receiving
veterans' disability compensation for a
disability rated as 100 percent.
``(B) A qualified retiree receiving
veterans' disability compensation at the rate
payable for a 100 percent disability by reason
of a determination of individual
unemployability.''.
(b) Effective Date.--
(1) In general.--Subject to paragraph (2), the
amendment made by subsection (a) shall take effect as
of December 31, 2004.
(2) Timing of payment of retroactive benefits.--Any
amount payable for a period before October 1, 2008, by
reason of the amendment made by subsection (a) shall
not be paid until after that date.
SEC. 643. RECOUPMENT OF ANNUITY AMOUNTS PREVIOUSLY PAID, BUT SUBJECT TO
OFFSET FOR DEPENDENCY AND INDEMNITY COMPENSATION.
(a) Limitation on Recoupment; Notification Requirements.--
Section 1450(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) Limitation on recoupment of offset amount.--
Any amount subject to offset under this subsection that
was previously paid to the surviving spouse or former
spouse shall be recouped only to the extent that the
amount paid exceeds any amount to be refunded under
subsection (e). In notifying a surviving spouse or
former spouse of the recoupment requirement, the
Secretary shall provide the spouse or former spouse--
``(A) a single notice of the net amount to
be recouped or the net amount to be refunded,
as applicable, under this subsection or
subsection (e);
``(B) a written explanation of the
statutory requirements for recoupment of the
offset amount and for refund of any applicable
amount deducted from retired pay;
``(C) a detailed accounting of how the
offset amount being recouped and retired pay
deduction amount being refunded were
calculated; and
``(D) contact information for a person who
can provide information about the offset
recoupment and retired pay deduction refund
processes and answer questions the surviving
spouse or former spouse may have about the
requirements, processes, or amounts.''.
(b) Application.--Paragraph (3) of subsection (c) of
section 1450 of title 10, United States Code, as added by
subsection (a), shall apply with respect to the recoupment on
or after April 1, 2008, of amounts subject to offset under such
subsection.
SEC. 644. SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR PERSONS AFFECTED BY
REQUIRED SURVIVOR BENEFIT PLAN ANNUITY OFFSET FOR
DEPENDENCY AND INDEMNITY COMPENSATION.
Section 1450 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(m) Special Survivor Indemnity Allowance.--
``(1) Provision of allowance.--The Secretary
concerned shall pay a monthly special survivor
indemnity allowance under this subsection to the
surviving spouse or former spouse of a member of the
uniformed services to whom section 1448 of this title
applies if--
``(A) the surviving spouse or former spouse
is entitled to dependency and indemnity
compensation under section 1311(a) of title 38;
``(B) except for subsection (c) of this
section, the surviving spouse or former spouse
is eligible for an annuity by reason of a
participant in the Plan under section
1448(a)(1) of this title; and
``(C) the eligibility of the surviving
spouse or former spouse for an annuity as
described in subparagraph (B) is affected by
subsection (c) of this section.
``(2) Amount of payment.--Subject to paragraph (3),
the amount of the allowance paid to an eligible
survivor under paragraph (1) for a month shall be equal
to--
``(A) for months during fiscal year 2009,
$50;
``(B) for months during fiscal year 2010,
$60;
``(C) for months during fiscal year 2011,
$70;
``(D) for months during fiscal year 2012,
$80;
``(E) for months during fiscal year 2013,
$90; and
``(F) for months after fiscal year 2013,
$100.
``(3) Limitation.--The amount of the allowance paid
to an eligible survivor under paragraph (1) for any
month may not exceed the amount of the annuity for that
month that is subject to offset under subsection (c).
``(4) Status of payments.--An allowance paid under
this subsection does not constitute an annuity, and
amounts so paid are not subject to adjustment under any
other provision of law.
``(5) Source of funds.--The special survivor
indemnity allowance shall be paid from amounts in the
Department of Defense Military Retirement Fund
established under section 1461 of this title.
``(6) Effective date and duration.--This subsection
shall only apply with respect to the month beginning on
October 1, 2008, and subsequent months through the
month ending on February 28, 2016. Effective on March
1, 2016, the authority provided by this subsection
shall terminate. No special survivor indemnity
allowance may be paid to any person by reason of this
subsection for any period before October 1, 2008, or
beginning on or after March 1, 2016.''.
SEC. 645. MODIFICATION OF AUTHORITY OF MEMBERS OF THE ARMED FORCES TO
DESIGNATE RECIPIENTS FOR PAYMENT OF DEATH GRATUITY.
(a) Authority To Designate Recipients.--Section 1477 of
title 10, United States Code, is amended--
(1) by striking subsections (c) and (d);
(2) by redesignating subsection (b) as subsection
(d) and, in such subsection, by striking ``Subsection
(a)(2)'' and inserting ``Treatment of Children.--
Subsection (b)(2)''; and
(3) by striking subsection (a) and inserting the
following new subsections:
``(a) Designation of Recipients.--(1) On and after July 1,
2008, or such earlier date as the Secretary of Defense may
prescribe, a person covered by section 1475 or 1476 of this
title may designate one or more persons to receive all or a
portion of the amount payable under section 1478 of this title.
The designation of a person to receive a portion of the amount
shall indicate the percentage of the amount, to be specified
only in 10 percent increments, that the designated person may
receive. The balance of the amount of the death gratuity, if
any, shall be paid in accordance with subsection (b).
``(2) If a person covered by section 1475 or 1476 of this
title has a spouse, but designates a person other than the
spouse to receive all or a portion of the amount payable under
section 1478 of this title, the Secretary concerned shall
provide notice of the designation to the spouse.
``(b) Distribution of Remainder; Distribution in Absence of
Designated Recipient.--If a person covered by section 1475 or
1476 of this title does not make a designation under subsection
(a) or designates only a portion of the amount payable under
section 1478 of this title, the amount of the death gratuity
not covered by a designation shall be paid as follows:
``(1) To the surviving spouse of the person, if
any.
``(2) If there is no surviving spouse, to any
surviving children (as prescribed by subsection (d)) of
the person and the descendants of any deceased children
by representation.
``(3) If there is none of the above, to the
surviving parents (as prescribed by subsection (c)) of
the person or the survivor of them.
``(4) If there is none of the above, to the duly
appointed executor or administrator of the estate of
the person.
``(5) If there is none of the above, to other next
of kin of the person entitled under the laws of
domicile of the person at the time of the person's
death.
``(c) Treatment of Parents.--For purposes of subsection
(b)(3), parents include fathers and mothers through adoption.
However, only one father and one mother may be recognized in
any case, and preference shall be given to those who exercised
a parental relationship on the date, or most nearly before the
date, on which the decedent entered a status described in
section 1475 or 1476 of this title.''.
(b) Clerical and Conforming Amendments.--Subsection (e) of
such section is amended--
(1) by inserting ``Effect of Death Before Receipt
of Gratuity.--'' after ``(e)'';
(2) by striking ``subsection (a) or (d)'' and
inserting ``subsection (a) or (b)''; and
(3) by striking ``subsection (a).'' and inserting
``subsection (b)''.
(c) Existing Designation Authority.--The authority provided
by subsection (d) of section 1477 of title 10, United States
Code, as in effect on the day before the date of the enactment
of this Act, shall remain available to persons covered by
section 1475 or 1476 of such title until July 1, 2008, or such
earlier date as the Secretary of Defense may prescribe, and any
designation under such subsection made before July 1, 2008, or
the earlier date prescribed by the Secretary, shall continue in
effect until such time as the person who made the designation
makes a new designation under such section 1477, as amended by
subsection (a) of this section.
(d) Regulations.--
(1) In general.--Not later than April 1, 2008, the
Secretary of Defense shall prescribe regulations to
implement the amendments to section 1477 of title 10,
United States Code, made by subsection (a).
(2) Elements.--The regulations required by
paragraph (1) shall include forms for the making of the
designation contemplated by subsection (a) of section
1477 of title 10, United States Code, as amended by
subsection (a) of this section, and instructions for
members of the Armed Forces in the filling out of such
forms.
SEC. 646. CLARIFICATION OF APPLICATION OF RETIRED PAY 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 section 6333(a) of title 10,
United States Code, is amended in Column 2 of Formula A by
striking ``75 percent.'' and inserting ``Retired pay multiplier
prescribed under section 1409 for the years of service that may
be credited to the member under section 1405.''.
(b) Retired Pay for Certain Members Recalled to Active
Duty.--The table in section 1402(a) of such title is amended by
striking Column 3.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect as of January 1, 2007, and shall
apply with respect to retired pay and retainer pay payable on
or after that date.
SEC. 647. COMMENCEMENT OF RECEIPT OF NON-REGULAR SERVICE RETIRED PAY BY
MEMBERS OF THE READY RESERVE ON ACTIVE FEDERAL
STATUS OR ACTIVE DUTY FOR SIGNIFICANT PERIODS.
(a) Reduced Eligibility Age.--Section 12731 of title 10,
United States Code, is amended--
(1) in subsection (a), by striking paragraph (1)
and inserting the following:
``(1) has attained the eligibility age applicable
under subsection (f) to that person;''; and
(2) by adding at the end the following new
subsection:
``(f)(1) Subject to paragraph (2), the eligibility age for
purposes of subsection (a)(1) is 60 years of age.
``(2)(A) In the case of a person who as a member of the
Ready Reserve serves on active duty or performs active service
described in subparagraph (B) after the date of the enactment
of the National Defense Authorization Act for Fiscal Year 2008,
the eligibility age for purposes of subsection (a)(1) shall be
reduced below 60 years of age by three months for each
aggregate of 90 days on which such person so performs in any
fiscal year after such date, subject to subparagraph (C). A day
of duty may be included in only one aggregate of 90 days for
purposes of this subparagraph.
``(B)(i) Service on active duty described in this
subparagraph is service on active duty pursuant to a call or
order to active duty under a provision of law referred to in
section 101(a)(13)(B) or under section 12301(d) of this title.
Such service does not include service on active duty pursuant
to a call or order to active duty under section 12310 of this
title.
``(ii) Active service described in this subparagraph is
also service under a call to active service authorized by the
President or the Secretary of Defense under section 502(f) of
title 32 for purposes of responding to a national emergency
declared by the President or supported by Federal funds.
``(C) The eligibility age for purposes of subsection (a)(1)
may not be reduced below 50 years of age for any person under
subparagraph (A).''.
(b) Continuation of Age 60 as Minimum Age for Eligibility
of Non-Regular Service Retirees for Health Care.--Section
1074(b) of such title is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new
paragraph:
``(2) Paragraph (1) does not apply to a member or former
member entitled to retired pay for non-regular service under
chapter 1223 of this title who is under 60 years of age.''.
(c) Administration of Related Provisions of Law or
Policy.--With respect to any provision of law, or of any
policy, regulation, or directive of the executive branch that
refers to a member or former member of the uniformed services
as being eligible for, or entitled to, retired pay under
chapter 1223 of title 10, United States Code, but for the fact
that the member or former member is under 60 years of age, such
provision shall be carried out with respect to that member or
former member by substituting for the reference to being 60
years of age a reference to having attained the eligibility age
applicable under subsection (f) of section 12731 of title 10,
United States Code (as added by subsection (a)), to such member
or former member for qualification for such retired pay under
subsection (a) of such section.
SEC. 648. COMPUTATION OF YEARS OF SERVICE FOR PURPOSES OF RETIRED PAY
FOR NON-REGULAR SERVICE.
Section 12733(3) of title 10, United States Code, is
amended--
(1) in subparagraph (B), by striking ``and'' at the
end;
(2) in subparagraph (C), by striking the period and
inserting ``before the year of service that includes
October 30, 2007; and''; and
(3) by adding at the end the following new
subparagraph:
``(D) 130 days in the year of service that
includes October 30, 2007, and in any
subsequent year of service.''.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits
SEC. 651. AUTHORITY TO CONTINUE COMMISSARY AND EXCHANGE BENEFITS FOR
CERTAIN INVOLUNTARILY SEPARATED MEMBERS OF THE
ARMED FORCES.
(a) Resumption for Members Involuntarily Separated From
Active Duty.--Section 1146 of title 10, United States Code, is
amended--
(1) by inserting ``(a) Members Involuntarily
Separated From Active Duty.--'' before ``The Secretary
of Defense'';
(2) in the first sentence, by striking ``October 1,
1990, and ending on December 31, 2001'' and inserting
``October 1, 2007, and ending on December 31, 2012'';
and
(3) in the second sentence, by striking ``the
period beginning on October 1, 1994, and ending on
December 31, 2001'' and inserting ``the same period''.
(b) Extension to Members Involuntarily Separated From
Selected Reserve.--Such section is further amended by adding at
the end the following new subsection:
``(b) Members Involuntarily Separated From Selected
Reserve.--The Secretary of Defense shall prescribe regulations
to allow a member of the Selected Reserve of the Ready Reserve
who is involuntarily separated from the Selected Reserve as a
result of the exercise of the force shaping authority of the
Secretary concerned under section 647 of this title or other
force shaping authority during the period beginning on October
1, 2007, and ending on December 31, 2012, to continue to use
commissary and exchange stores during the two-year period
beginning on the date of the involuntary separation of the
member in the same manner as a member on active duty. The
Secretary of Homeland Security shall implement this provision
for Coast Guard members involuntarily separated during the same
period.''.
SEC. 652. AUTHORIZATION OF INSTALLMENT DEDUCTIONS FROM PAY OF EMPLOYEES
OF NONAPPROPRIATED FUND INSTRUMENTALITIES TO
COLLECT INDEBTEDNESS TO THE UNITED STATES.
Section 5514 of title 5, United States Code, is amended--
(1) in subsection (a)(5), by inserting ``any
nonappropriated fund instrumentality described in
section 2105(c) of this title,'' after ``Commission,'';
and
(2) by adding at the end the following new
subsection:
``(e) An employee of a nonappropriated fund instrumentality
described in section 2105(c) of this title is deemed an
employee covered by this section.''.
Subtitle F--Consolidation of Special Pay, Incentive Pay, and Bonus
Authorities
SEC. 661. CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS
AUTHORITIES OF THE UNIFORMED SERVICES.
(a) Consolidation.--Chapter 5 of title 37, United States
Code, is amended--
(1) by inserting before section 301 the following
subchapter heading:
``SUBCHAPTER I--EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS
AUTHORITIES'';
and
(2) by adding at the end the following new
subchapters:
``SUBCHAPTER II--CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS
AUTHORITIES
``Sec. 331. General bonus authority for enlisted members
``(a) Authority To Provide Bonus.--The Secretary concerned
may pay a bonus under this section to a person, including a
member of the armed forces, who--
``(1) enlists in an armed force;
``(2) enlists in or affiliates with a reserve
component of an armed force;
``(3) reenlists, voluntarily extends an enlistment,
or otherwise agrees to serve--
``(A) for a specified period in a
designated career field, skill, or unit of an
armed force; or
``(B) under other conditions of service in
an armed force;
``(4) transfers from a regular component of an
armed force to a reserve component of that same armed
force or from a reserve component of an armed force to
the regular component of that same armed force; or
``(5) transfers from a regular component or reserve
component of an armed force to a regular component or
reserve component of another armed force, subject to
the approval of the Secretary with jurisdiction over
the armed force to which the member is transferring.
``(b) Service Eligibility.--A bonus authorized by
subsection (a) may be paid to a person or member only if the
person or member agrees under subsection (d)--
``(1) to serve for a specified period in a
designated career field, skill, unit, or grade; or
``(2) to meet some other condition or conditions of
service imposed by the Secretary concerned.
``(c) Maximum Amount and Method of Payment.--
``(1) Maximum amount.--The Secretary concerned
shall determine the amount of a bonus to be paid under
this section, except that--
``(A) a bonus paid under paragraph (1) or
(2) of subsection (a) may not exceed $50,000
for a minimum two-year period of obligated
service agreed to under subsection (d);
``(B) a bonus paid under paragraph (3) of
subsection (a) may not exceed $30,000 for each
year of obligated service in a regular
component agreed to under subsection (d);
``(C) a bonus paid under paragraph (3) of
subsection (a) may not exceed $15,000 for each
year of obligated service in a reserve
component agreed to under subsection (d); and
``(D) a bonus paid under paragraph (4) or
(5) of subsection (a) may not exceed $10,000.
``(2) Lump sum or installments.--A bonus under this
section may be paid in a lump sum or in periodic
installments, as determined by the Secretary concerned.
``(3) Fixing bonus amount.--Upon acceptance by the
Secretary concerned of the written agreement required
by subsection (d), the total amount of the bonus to be
paid under the agreement shall be fixed.
``(d) Written Agreement.--To receive a bonus under this
section, a person or member determined to be eligible for the
bonus shall enter into a written agreement with the Secretary
concerned that specifies--
``(1) the amount of the bonus;
``(2) the method of payment of the bonus under
subsection (c)(2);
``(3) the period of obligated service; and
``(4) the type or conditions of the service.
``(e) Relationship to Other Pay and Allowances.--A bonus
paid to a person or member under this section is in addition to
any other pay and allowance to which the person or member is
entitled.
``(f) Relationship to Prohibition on Bounties.--A bonus
authorized under this section is not a bounty for purposes of
section 514(a) of title 10.
``(g) Repayment.--A person or member who receives a bonus
under this section and who fails to complete the period of
service, or meet the conditions of service, for which the bonus
is paid, as specified in the written agreement under subsection
(d), shall be subject to the repayment provisions of section
373 of this title.
``(h) Termination of Authority.--No agreement may be
entered into under this section after December 31, 2009.
``Sec. 332. General bonus authority for officers
``(a) Authority To Provide Bonus.--The Secretary concerned
may pay a bonus under this section to a person, including an
officer in the uniformed services, who--
``(1) accepts a commission or appointment as an
officer in a uniformed service;
``(2) affiliates with a reserve component of a
uniformed service;
``(3) agrees to remain on active duty or to serve
in an active status for a specific period as an officer
in a uniformed service;
``(4) transfers from a regular component of a
uniformed service to a reserve component of that same
uniformed service or from a reserve component of a
uniformed service to the regular component of that same
uniformed service; or
``(5) transfers from a regular component or reserve
component of a uniformed service to a regular component
or reserve component of another uniformed service,
subject to the approval of the Secretary with
jurisdiction over the uniformed service to which the
member is transferring.
``(b) Service Eligibility.--A bonus authorized by
subsection (a) may be paid to a person or officer only if the
person or officer agrees under subsection (d)--
``(1) to serve for a specified period in a
designated career field, skill, unit, or grade; or
``(2) to meet some other condition or conditions of
service imposed by the Secretary concerned.
``(c) Maximum Amount and Method of Payment.--
``(1) Maximum amount.--The Secretary concerned
shall determine the amount of a bonus to be paid under
this section, except that--
``(A) a bonus paid under paragraph (1) of
subsection (a) may not exceed $60,000 for a
minimum three-year period of obligated service
agreed to under subsection (d);
``(B) a bonus paid under paragraph (2) of
subsection (a) may not exceed $12,000 for a
minimum three-year period of obligated service
agreed to under subsection (d);
``(C) a bonus paid under paragraph (3) of
subsection (a) may not exceed $50,000 for each
year of obligated service in a regular
component agreed to under subsection (d);
``(D) a bonus paid under paragraph (3) of
subsection (a) may not exceed $12,000 for each
year of obligated service in a reserve
component agreed to under subsection (d); and
``(E) a bonus paid under paragraph (4) or
(5) of subsection (a) may not exceed $10,000.
``(2) Lump sum or installments.--A bonus under this
section may be paid in a lump sum or in periodic
installments, as determined by the Secretary concerned.
``(3) Fixing bonus amount.--Upon acceptance by the
Secretary concerned of the written agreement required
by subsection (d), the total amount of the bonus to be
paid under the agreement shall be fixed.
``(d) Written Agreement.--To receive a bonus under this
section, a person or officer determined to be eligible for the
bonus shall enter into a written agreement with the Secretary
concerned that specifies--
``(1) the amount of the bonus;
``(2) the method of payment of the bonus under
subsection (c)(2);
``(3) the period of obligated service; and
``(4) the type or conditions of the service.
``(e) Relationship to Other Pay and Allowances.--The bonus
paid to a person or officer under this section is in addition
to any other pay and allowance to which the person or officer
is entitled.
``(f) Repayment.--A person or officer who receives a bonus
under this section and who fails to complete the period of
service, or meet the conditions of service, for which the bonus
is paid, as specified in the written agreement under subsection
(d), shall be subject to the repayment provisions of section
373 of this title.
``(g) Termination of Authority.--No agreement may be
entered into under this section after December 31, 2009.
``Sec. 333. Special bonus and incentive pay authorities for nuclear
officers
``(a) Nuclear Officer Bonus.--The Secretary of the Navy may
pay a nuclear officer bonus under this section to a person,
including an officer in the Navy, who--
``(1) is selected for the officer naval nuclear
power training program in connection with the
supervision, operation, and maintenance of naval
nuclear propulsion plants and agrees to serve, upon
completion of such training, on active duty in
connection with the supervision, operation, and
maintenance of naval nuclear propulsion plants; or
``(2) has the current technical and operational
qualification for duty in connection with the
supervision, operation, and maintenance of naval
nuclear propulsion plants and agrees to remain on
active duty in connection with the supervision,
operation, and maintenance of naval nuclear propulsion
plants.
``(b) Nuclear Officer Incentive Pay.--The Secretary of the
Navy may pay nuclear officer incentive pay under this section
to an officer in the Navy who--
``(1) is entitled to basic pay under section 204 of
this title; and
``(2) remains on active duty for a specified period
while maintaining current technical and operational
qualifications, as approved by the Secretary, for duty
in connection with the supervision, operation, and
maintenance of naval nuclear propulsion plants.
``(c) Additional Eligibility Criteria.--The Secretary of
the Navy may impose such additional criteria for the receipt of
a nuclear officer bonus or nuclear officer incentive pay under
this section as the Secretary determines to be appropriate.
``(d) Maximum Amount and Method of Payment.--
``(1) Maximum amount.--The Secretary of the Navy
shall determine the amounts of a nuclear officer bonus
or nuclear officer incentive pay to be paid under this
section, except that--
``(A) a nuclear officer bonus paid under
subsection (a) may not exceed $35,000 for each
12-month period of the agreement under
subsection (e); and
``(B) the amount of nuclear officer
incentive paid under subsection (b) may not
exceed $25,000 for each 12-month period of
qualifying service.
``(2) Lump sum or installments.--A nuclear officer
bonus or nuclear officer incentive pay under this
section may be paid in a lump sum or in periodic
installments.
``(3) Fixing bonus amount.--Upon acceptance by the
Secretary concerned of the written agreement required
by subsection (e), the total amount of the nuclear
officer bonus to be paid under the agreement shall be
fixed.
``(e) Written Agreement for Bonus.--
``(1) Agreement required.--To receive a nuclear
officer bonus under subsection (a), a person or officer
determined to be eligible for the bonus shall enter
into a written agreement with the Secretary of the Navy
that specifies--
``(A) the amount of the bonus;
``(B) the method of payment of the bonus
under subsection (d)(2);
``(C) the period of obligated service; and
``(D) the type or conditions of the
service.
``(2) Replacement agreement.--An officer who is
performing obligated service under an agreement for a
nuclear officer bonus may execute a new agreement to
replace the existing agreement if the amount to be paid
under the new agreement will be higher than the amount
to be paid under the existing agreement. The period of
the new agreement shall be equal to or exceed the
remaining term of the period of the officer's existing
agreement. If a new agreement is executed under this
paragraph, the existing agreement shall be cancelled,
effective on the day before an anniversary date of the
existing agreement occurring after the date on which
the amount to be paid under this paragraph is
increased.
``(f) Relationship to Other Pay and Allowances.--A nuclear
officer bonus or nuclear officer incentive pay paid to a person
or officer under this section is in addition to any other pay
and allowance to which the person or officer is entitled,
except that a person or officer may not receive a payment under
this section and section 332 or 353 of this title for the same
skill and period of service.
``(g) Repayment.--A person or officer who receives a
nuclear officer bonus or nuclear officer incentive pay under
this section and who fails to complete the officer naval
nuclear power training program, maintain required technical and
operational qualifications, complete the period of service, or
meet the types or conditions of service for which the bonus or
incentive pay is paid, as specified in the written agreement
under subsection (e) in the case of a nuclear officer bonus,
shall be subject to the repayment provisions of section 373 of
this title.
``(h) Regulations.--This section shall be administered
under regulations prescribed by the Secretary of the Navy.
``(i) Termination of Authority.--No agreement may be
entered into under this section after December 31, 2009.
``Sec. 334. Special aviation incentive pay and bonus authorities for
officers
``(a) Aviation Incentive Pay.--The Secretary concerned may
pay aviation incentive pay under this section to an officer in
a regular or reserve component of a uniformed service who--
``(1) is entitled to basic pay under section 204 of
this title or compensation under section 206 of this
title;
``(2) maintains, or is in training leading to, an
aeronautical rating or designation that qualifies the
officer to engage in operational flying duty or
proficiency flying duty;
``(3) engages in, or is in training leading to,
frequent and regular performance of operational flying
duty or proficiency flying duty;
``(4) engages in or remains in aviation service for
a specified period; and
``(5) meets such other criteria as the Secretary
concerned determines appropriate.
``(b) Aviation Bonus.--The Secretary concerned may pay an
aviation bonus under this section to an officer in a regular or
reserve component of a uniformed service who--
``(1) is entitled to aviation incentive pay under
subsection (a);
``(2) has completed any active duty service
commitment incurred for undergraduate aviator training
or is within one year of completing such commitment;
``(3) executes a written agreement to remain on
active duty in a regular component or to serve in an
active status in a reserve component in aviation
service for at least one year; and
``(4) meets such other criteria as the Secretary
concerned determines appropriate.
``(c) Maximum Amount and Method of Payment.--
``(1) Maximum amount.--The Secretary concerned
shall determine the amount of a bonus or incentive pay
to be paid under this section, except that--
``(A) aviation incentive pay under
subsection (a) shall be paid at a monthly rate,
not to exceed $850 per month; and
``(B) an aviation bonus under subsection
(b) may not exceed $25,000 for each 12-month
period of obligated service agreed to under
subsection (d).
``(2) Lump sum or installments.--A bonus under this
section may be paid in a lump sum or in periodic
installments, as determined by the Secretary concerned.
``(3) Fixing bonus amount.--Upon acceptance by the
Secretary concerned of the written agreement required
by subsection (d), the total amount of the bonus to be
paid under the agreement shall be fixed.
``(d) Written Agreement for Bonus.--To receive an aviation
officer bonus under this section, an officer determined to be
eligible for the bonus shall enter into a written agreement
with the Secretary concerned that specifies--
``(1) the amount of the bonus;
``(2) the method of payment of the bonus under
subsection (c)(2);
``(3) the period of obligated service; and
``(4) the type or conditions of the service.
``(e) Reserve Component Officers Performing Inactive Duty
Training.--A reserve component officer who is entitled to
compensation under section 206 of this title and who is
authorized aviation incentive pay under this section may be
paid an amount of incentive pay that is proportionate to the
compensation received under section 206 for inactive-duty
training.
``(f) Relationship to Other Pay and Allowances.--
``(1) Aviation incentive pay.--Aviation incentive
pay paid to an officer under subsection (a) shall be in
addition to any other pay and allowance to which the
officer is entitled, except that an officer may not
receive a payment under such subsection and section 351
or 353 of this title for the same skill and period of
service.
``(2) Aviation bonus.--An aviation bonus paid to an
officer under subsection (b) shall be in addition to
any other pay and allowance to which the officer is
entitled, except that an officer may not receive a
payment under such subsection and section 332 or 353 of
this title for the same skill and period of service.
``(g) Repayment.--An officer who receives aviation
incentive pay or an aviation bonus under this section and who
fails to fulfill the eligibility requirements for the receipt
of the incentive pay or bonus or complete the period of service
for which the incentive pay or bonus is paid, as specified in
the written agreement under subsection (d) in the case of a
bonus, shall be subject to the repayment provisions of section
373 of this title.
``(h) Definitions.--In this section:
``(1) The term `aviation service' means service
performed by an officer in a regular or reserve
component (except a flight surgeon or other medical
officer) while holding an aeronautical rating or
designation or while in training to receive an
aeronautical rating or designation.
``(2) The term `operational flying duty' means
flying performed under competent orders by rated or
designated regular or reserve component officers while
serving in assignments in which basic flying skills
normally are maintained in the performance of assigned
duties as determined by the Secretary concerned, and
flying performed by members in training that leads to
the award of an aeronautical rating or designation.
``(3) The term `proficiency flying duty' means
flying performed under competent orders by rated or
designated regular or reserve component officers while
serving in assignments in which such skills would
normally not be maintained in the performance of
assigned duties.
``(4) The term `officer' includes an individual
enlisted and designated as an aviation cadet under
section 6911 of title 10.
``(i) Termination of Authority.--No agreement may be
entered into under this section after December 31, 2009.
``Sec. 335. Special bonus and incentive pay authorities for officers in
health professions
``(a) Health Professions Bonus.--The Secretary concerned
may pay a health professions bonus under this section to a
person, including an officer in the uniformed services, who is
a graduate of an accredited school in a health profession and
who--
``(1) accepts a commission or appointment as an
officer in a regular or reserve component of a
uniformed service, or affiliates with a reserve
component of a uniformed service, and agrees to serve
on active duty in a regular component or in an active
status in a reserve component in a health profession;
``(2) accepts a commission or appointment as an
officer and whose health profession specialty is
designated by the Secretary of Defense as a critically
short wartime specialty; or
``(3) agrees to remain on active duty or continue
serving in an active status in a reserve component in a
health profession.
``(b) Health Professions Incentive Pay.--The Secretary
concerned may pay incentive pay under this section to an
officer in a regular or reserve component of a uniformed
service who--
``(1) is entitled to basic pay under section 204 of
this title or compensation under section 206 of this
title; and
``(2) is serving on active duty or in an active
status in a designated health profession specialty or
skill.
``(c) Board Certification Incentive Pay.--The Secretary
concerned may pay board certification incentive pay under this
section to an officer in a regular or reserve component of a
uniformed service who--
``(1) is entitled to basic pay under section 204 of
this title or compensation under section 206 of this
title;
``(2) is board certified in a designated health
profession specialty or skill; and
``(3) is serving on active duty or in an active
status in such designated health profession specialty
or skill.
``(d) Additional Eligibility Criteria.--The Secretary
concerned may impose such additional criteria for the receipt
of a bonus or incentive pay under this section as the Secretary
determines to be appropriate.
``(e) Maximum Amount and Method of Payment.--
``(1) Maximum amount.--The Secretary concerned
shall determine the amounts of a bonus or incentive pay
to be paid under this section, except that--
``(A) a health professions bonus paid under
paragraph (1) of subsection (a) may not exceed
$30,000 for each 12-month period of obligated
service agreed to under subsection (f);
``(B) a health professions bonus paid under
paragraph (2) of subsection (a) may not exceed
$100,000 for each 12-month period of obligated
service agreed to under subsection (f);
``(C) a health professions bonus paid under
paragraph (3) of subsection (a) may not exceed
$75,000 for each 12-month period of obligated
service agreed to under subsection (f);
``(D) health professions incentive pay
under subsection (b) may be paid monthly and
may not exceed, in any 12-month period--
``(i) $100,000 for medical officers
and dental surgeons; and
``(ii) $15,000 for officers in
other health professions; and
``(E) board certification incentive pay
under subsection (c) may not exceed $6,000 for
each 12-month period an officer remains
certified in the designated health profession
specialty or skill.
``(2) Lump sum or installments.--A health
professions bonus under subsection (a) may be paid in a
lump sum or in periodic installments, as determined by
the Secretary concerned. Board certification incentive
pay under subsection (c) may be paid monthly, in a lump
sum at the beginning of the certification period, or in
periodic installments during the certification period,
as determined by the Secretary concerned.
``(3) Fixing bonus amount.--Upon acceptance by the
Secretary concerned of the written agreement required
by subsection (f), the total amount of the health
professions bonus to be paid under the agreement shall
be fixed.
``(f) Written Agreement for Bonus.--To receive a bonus
under this section, an officer determined to be eligible for
the bonus shall enter into a written agreement with the
Secretary concerned that specifies--
``(1) the amount of the bonus;
``(2) the method of payment of the bonus under
subsection (e)(2);
``(3) the period of obligated service;
``(4) whether the service will be performed on
active duty or in an active status in a reserve
component; and
``(5) the type or conditions of the service.
``(g) Reserve Component Officers.--An officer in a reserve
component authorized incentive pay under subsection (b) or (c)
who is not serving on continuous active duty and is entitled to
compensation under section 204 of this title or compensation
under section 206 of this title may be paid a monthly amount of
incentive pay that is proportionate to the basic pay or
compensation received under this title.
``(h) Relationship to Other Pay and Allowances.--
``(1) Health professions bonus.--A bonus paid to a
person or officer under subsection (a) shall be in
addition to any other pay and allowance to which the
person or officer is entitled, except that a person or
officer may not receive a payment under such subsection
and section 332 of this title for the same period of
obligated service.
``(2) Health professions incentive pay.--Incentive
pay paid to an officer under subsection (b) shall be in
addition to any other pay and allowance to which an
officer is entitled, except that an officer may not
receive a payment under such subsection and section 353
of this title for the same skill and period of service.
``(3) Board certification incentive pay.--Incentive
pay paid to an officer under subsection (c) shall be in
addition to any other pay and allowance to which an
officer is entitled, except that an officer may not
receive a payment under such subsection and section
353(b) of this title for the same skill and period of
service covered by the certification.
``(i) Repayment.--An officer who receives a bonus or
incentive pay under this section and who fails to fulfill the
eligibility requirements for the receipt of the bonus or
incentive pay or complete the period of service for which the
bonus or incentive pay is paid, as specified in the written
agreement under subsection (f) in the case of a bonus, shall be
subject to the repayment provisions of section 373 of this
title.
``(j) Health Profession Defined.--In this section, the term
`health profession' means the following:
``(1) Any health profession performed by officers
in the Medical Corps of a uniformed service or by
officers designated as a medical officer.
``(2) Any health profession performed by officers
in the Dental Corps of a uniformed service or by
officers designated as a dental officer.
``(3) Any health profession performed by officers
in the Medical Service Corps of a uniformed service or
by officers designated as a medical service officer or
biomedical sciences officer.
``(4) Any health profession performed by officers
in the Medical Specialist Corps of a uniformed service
or by officers designated as a medical specialist.
``(5) Any health profession performed by officers
of the Nurse Corps of a uniformed service or by
officers designated as a nurse.
``(6) Any health profession performed by officers
in the Veterinary Corps of a uniformed service or by
officers designated as a veterinary officer.
``(7) Any health profession performed by officers
designated as a physician assistant.
``(8) Any health profession performed by officers
in the regular or reserve corps of the Public Health
Service.
``(k) Termination of Authority.--No agreement may be
entered into under this section after December 31, 2009.
``Sec. 351. Hazardous duty pay
``(a) Hazardous Duty Pay.--The Secretary concerned may pay
hazardous duty pay under this section to a member of a regular
or reserve component of the uniformed services entitled to
basic pay under section 204 of this title or compensation under
section 206 of this title who--
``(1) performs duty in a hostile fire area
designated by the Secretary concerned, is exposed to a
hostile fire event, explosion of a hostile explosive
device, or any other hostile action, or is on duty
during a month in an area in which a hostile event
occurred which placed the member in grave danger of
physical injury;
``(2) performs duty designated by the Secretary
concerned as hazardous duty based upon the inherent
dangers of that duty and risks of physical injury; or
``(3) performs duty in a foreign area designated by
the Secretary concerned as an area in which the member
is subject to imminent danger of physical injury due to
threat conditions.
``(b) Maximum Amount.--The amount of hazardous duty pay
paid to a member under subsection (a) shall be based on the
type of duty and the area in which the duty is performed, as
follows:
``(1) In the case of a member who performs duty in
a designated hostile fire area, as described in
subsection (a)(1), hazardous duty pay may not exceed
$450 per month.
``(2) In the case of a member who performs a
designated hazardous duty, as described in subsection
(a)(2), hazardous duty pay may not exceed $250 per
month.
``(3) In the case of a member who performs duty in
a foreign area designated as an imminent danger area,
as described in subsection (a)(3), hazardous duty pay
may not exceed $250 per month.
``(c) Method of Payment.--Hazardous duty pay shall be paid
on a monthly basis. A member who is eligible for hazardous duty
pay by reason of subsection (a) shall receive the full monthly
rate of hazardous duty pay authorized by the Secretary
concerned under such paragraph, notwithstanding subsection (d).
``(d) Reserve Component Members Performing Inactive Duty
Training.--A member of a reserve component entitled to
compensation under section 206 of this title who is authorized
hazardous duty pay under this section may be paid an amount of
hazardous duty pay that is proportionate to the compensation
received by the member under section 206 of this title for
inactive-duty training.
``(e) Administration and Retroactive Payments.--The
effective date for the designation of a hostile fire area, as
described in paragraph (1) of subsection (a), and for the
designation of a foreign area as an imminent danger area, as
described in paragraph (3) of such subsection, may be a date
that occurs before, on, or after the actual date of the
designation by the Secretary concerned.
``(f) Determination of Fact.--Any determination of fact
that is made in administering subsection (a) is conclusive. The
determination may not be reviewed by any other officer or
agency of the United States unless there has been fraud or
gross negligence. However, the Secretary concerned may change
the determination on the basis of new evidence or for other
good cause. The regulations prescribed to administer this
section shall define the activities that are considered
hazardous for purposes of subsection (a)(2).
``(g) Relationship to Other Pay and Allowances.--
``(1) In addition to other pay and allowances.--A
member may be paid hazardous duty pay under this
section in addition to any other pay and allowances to
which the member is entitled. The regulations
prescribed to administer this section shall address
dual compensation under this section for multiple
circumstances involving performance of a designated
hazardous duty, as described in paragraph (2) of
subsection (a), or for duty in certain designated
areas, as described in paragraph (1) or (3) of such
subsection, that is performed by a member during a
single month of service.
``(2) Limitation.--A member may not receive
hazardous duty pay under this section for a month for
more than three qualifying instances described in
subsection (a)(2).
``(h) Prohibition on Variable Rates.--The regulations
prescribed to administer this section may not include varied
criteria or rates for payment of hazardous duty for officers
and enlisted members.
``(i) Termination of Authority.--No hazardous duty pay
under this section may be paid after December 31, 2009.
``Sec. 352. Assignment pay or special duty pay
``(a) Assignment or Special Duty Pay Authorized.--The
Secretary concerned may pay assignment or special duty pay
under this section to a member of a regular or reserve
component of the uniformed services who--
``(1) is entitled to basic pay under section 204 of
this title or compensation under section 206 of this
title; and
``(2) performs duties in an assignment, location,
or unit designated by, and under the conditions of
service specified by, the Secretary concerned.
``(b) Maximum Amount and Method of Payment.--
``(1) Lump sum or installments.--Assignment or
special duty pay under subsection (a) may be paid
monthly, in a lump sum, or in periodic installments
other than monthly, as determined by the Secretary
concerned.
``(2) Maximum monthly amount.--The maximum monthly
amount of assignment or special duty pay may not exceed
$5,000.
``(3) Maximum lump sum amount.--The amount of a
lump sum payment of assignment or special duty pay
payable to a member may not exceed the amount equal to
the product of--
``(A) the maximum monthly rate authorized
under paragraph (2) at the time the member
enters into a written agreement under
subsection (c); and
``(B) the number of continuous months in
the period for which assignment or special duty
pay will be paid pursuant to the agreement.
``(4) Maximum installment amount.--The amount of
each installment payment of assignment or special duty
pay payable to a member on an installment basis may not
exceed the amount equal to--
``(A) the product of--
``(i) a monthly rate specified in
the written agreement entered into
under subsection (c), which monthly
rate may not exceed the maximum monthly
rate authorized under paragraph (2) at
the time the member enters into the
agreement; and
``(ii) the number of continuous
months in the period for which the
assignment or special duty pay will be
paid; divided by
``(B) the number of installments over such
period.
``(5) Effect of extension.--If a member extends an
assignment or performance of duty specified in an
agreement with the Secretary concerned under subsection
(c), assignment or special duty pay for the period of
the extension may be paid on a monthly basis, in a lump
sum, or in installments, consistent with this
subsection.
``(c) Written Agreement.--
``(1) Discretionary for monthly payments.--The
Secretary concerned may require a member to enter into
a written agreement with the Secretary in order to
qualify for the payment of assignment or special duty
pay on a monthly basis. The written agreement shall
specify the period for which the assignment or special
duty pay will be paid to the member and the monthly
rate of the assignment or special duty pay.
``(2) Required for lump sum or installment
payments.--The Secretary concerned shall require a
member to enter into a written agreement with the
Secretary in order to qualify for payment of assignment
or special duty pay on a lump sum or installment basis.
The written agreement shall specify the period for
which the assignment or special duty pay will be paid
to the member and the amount of the lump sum or each
periodic installment.
``(d) Reserve Component Members Performing Inactive Duty
Training.--A member of a reserve component entitled to
compensation under section 206 of this title who is authorized
assignment or special duty pay under this section may be paid
an amount of assignment or special duty pay that is
proportionate to the compensation received by the member under
section 206 of this title for inactive-duty training.
``(e) Relationship to Other Pay and Allowances.--Assignment
or special duty pay paid to a member under this section is in
addition to any other pay and allowances to which the member is
entitled.
``(f) Repayment.--A member who receives assignment or
special duty pay under this section and who fails to fulfill
the eligibility requirements under subsection (a) for receipt
of such pay shall be subject to the repayment provisions of
section 373 of this title.
``(g) Termination of Authority.--No agreement may be
entered into under this section after December 31, 2009.
``Sec. 353. Skill incentive pay or proficiency bonus
``(a) Skill Incentive Pay.--The Secretary concerned may pay
a monthly skill incentive pay to a member of a regular or
reserve component of the uniformed services who--
``(1) is entitled to basic pay under section 204 of
this title or compensation under section 206 of this
title; and
``(2) serves in a career field or skill designated
as critical by the Secretary concerned.
``(b) Skill Proficiency Bonus.--The Secretary concerned may
pay a proficiency bonus to a member of a regular or reserve
component of the uniformed services who--
``(1) is entitled to basic pay under section 204 of
this title or compensation under section 206 of this
title; and
``(2) is determined to have, and maintains,
certified proficiency under subsection (d) in a skill
designated as critical by the Secretary concerned.
``(c) Maximum Amounts and Methods of Payment.--
``(1) Skill incentive pay.--Skill incentive pay
under subsection (a) shall be in paid monthly in an
amount not exceed $1,000 per month.
``(2) Proficiency bonus.--A proficiency bonus under
subsection (b) may be paid in a lump sum at the
beginning of the proficiency certification period or in
periodic installments during the proficiency
certification period. The amount of the bonus may not
exceed $12,000 for each 12-month period of
certification. The Secretary concerned may not vary the
criteria or rates for the proficiency bonus paid for
officers and enlisted members.
``(d) Certified Proficiency for Proficiency Bonus.--
``(1) Certification required.--Proficiency in a
designated critical skill for purposes of subsection
(b) shall be subject to annual certification by the
Secretary concerned.
``(2) Duration of certification.--A certification
period for purposes of subsection (c)(2) shall expire
at the end of the one-year period beginning on the
first day of the first month beginning on or after the
certification date.
``(3) Waiver.--Notwithstanding paragraphs (1) and
(2), the regulations prescribed to administer this
section shall address the circumstances under which the
Secretary concerned may waive the certification
requirement under paragraph (1) or extend a
certification period under paragraph (2).
``(e) Written Agreement.--
``(1) Discretionary for skill incentive pay.--The
Secretary concerned may require a member to enter into
a written agreement with the Secretary in order to
qualify for the payment of skill incentive pay under
subsection (a). The written agreement shall specify the
period for which the skill incentive pay will be paid
to the member and the monthly rate of the pay.
``(2) Required for proficiency bonus.--The
Secretary concerned shall require a member to enter
into a written agreement with the Secretary in order to
qualify for payment of a proficiency bonus under
subsection (b). The written agreement shall specify the
amount of the proficiency bonus, the period for which
the bonus will be paid, and the initial certification
or recertification necessary for payment of the
proficiency bonus.
``(f) Reserve Component Members Performing Inactive Duty
Training.--
``(1) Proration.--A member of a reserve component
entitled to compensation under section 206 of this
title who is authorized skill incentive pay under
subsection (a) or a skill proficiency bonus under
subsection (b) may be paid an amount of the pay or
bonus, as the case may be, that is proportionate to the
compensation received by the member under section 206
of this title for inactive-duty training.
``(2) Exception for foreign language proficiency.--
No reduction in the amount of a skill proficiency bonus
may be made under paragraph (1) in the case of a member
of a reserve component who is authorized the bonus
because of the member's proficiency in a foreign
language.
``(g) Repayment.--A member who receives skill incentive pay
or a proficiency bonus under this section and who fails to
fulfill the eligibility requirement for receipt of the pay or
bonus shall be subject to the repayment provisions of section
373 of this title.
``(h) Relationship to Other Pays and Allowances.--A member
may not be paid more than one pay under this section in any
month for the same period of service and skill. A member may be
paid skill incentive pay or the proficiency bonus under this
section in addition to any other pay and allowances to which
the member is entitled, except that a member may not be paid
skill incentive pay or a proficiency bonus under this section
and hazardous duty pay under section 351 of this title for the
same period of service in the same career field or skill.
``(i) Termination of Authority.--No agreement may be
entered into under this section after December 31, 2009.
``SUBCHAPTER III--GENERAL PROVISIONS
``Sec. 371. Relationship to other incentives and pays
``(a) Treatment.--A bonus or incentive pay paid to a member
of the uniformed services under subchapter II is in addition to
any other pay and allowance to which a member is entitled,
unless otherwise provided under this chapter.
``(b) Exception.--A member may not receive a bonus or
incentive pay under both subchapter I and subchapter II for the
same activity, skill, or period of service.
``(c) Relationship to Other Computations.--The amount of a
bonus or incentive pay to which a member is entitled under
subchapter II may not be included in computing the amount of--
``(1) any increase in pay authorized by any other
provision of this title; or
``(2) any retired pay, retainer pay, separation
pay, or disability severance pay.
``Sec. 372. Continuation of pays during hospitalization and
rehabilitation resulting from wounds, injury, or
illness incurred while on duty in a hostile fire
area or exposed to an event of hostile fire or
other hostile action
``(a) Continuation of Pays.--If a member of a regular or
reserve component of a uniformed service incurs a wound,
injury, or illness in the line of duty while serving in a
combat operation or a combat zone, while serving in a hostile
fire area, or while exposed to a hostile fire event, as
described under section 351 of this title, and is hospitalized
for treatment of the wound, injury, or illness, the Secretary
concerned may continue to pay to the member, notwithstanding
any provision of this chapter to the contrary, all pay and
allowances (including any bonus, incentive pay, or similar
benefit) that were being paid to the member at the time the
member incurred the wound, injury, or illness.
``(b) Duration.--The payment of pay and allowances to a
member under subsection (a) may continue until the end of the
first month beginning after the earliest of the following
dates:
``(1) The date on which the member is returned for
assignment to other than a medical or patient unit for
duty.
``(2) One year after the date on which the member
is first hospitalized for the treatment of the wound,
injury, or illness, except that the Secretary concerned
may extend the termination date in six-month
increments.
``(3) The date on which the member is discharged,
separated, or retired (including temporary disability
retirement) from the uniformed services.
``(c) Bonus, Incentive Pay, or Similar Benefit Defined.--In
this section, the term `bonus, incentive pay, or similar
benefit' means a bonus, incentive pay, special pay, or similar
payment paid to a member of the uniformed services under this
title or title 10.
``Sec. 373. Repayment of unearned portion of bonus, incentive pay, or
similar benefit when conditions of payment not met
``(a) Repayment.--Except as provided in subsection (b), a
member of the uniformed services who is paid a bonus, incentive
pay, or similar benefit, the receipt of which is contingent
upon the member's satisfaction of certain service or
eligibility requirements, shall repay to the United States any
unearned portion of the bonus, incentive pay, or similar
benefit if the member fails to satisfy any such service or
eligibility requirement.
``(b) Exceptions.--The regulations prescribed to administer
this section may specify procedures for determining the
circumstances under which an exception to the required
repayment may be granted.
``(c) Effect of Bankruptcy.--An obligation to repay the
United States under this section is, for all purposes, a debt
owed the United States. A discharge in bankruptcy under title
11 does not discharge a person from such debt if the discharge
order is entered less than five years after--
``(1) the date of the termination of the agreement
or contract on which the debt is based; or
``(2) in the absence of such an agreement or
contract, the date of the termination of the service on
which the debt is based.
``(d) Definitions.--In this section:
``(1) The term `bonus, incentive pay, or similar
benefit' means a bonus, incentive pay, special pay, or
similar payment, or an educational benefit or stipend,
paid to a member of the uniformed services under a
provision of law that refers to the repayment
requirements of this section or section 303a(e) of this
title.
``(2) The term `service', as used in subsection
(c)(2), refers to an obligation willingly undertaken by
a member of the uniformed services, in exchange for a
bonus, incentive pay, or similar benefit offered by the
Secretary concerned--
``(A) to a member in a regular or reserve
component who remains on active duty or in an
active status;
``(B) to perform duty in a specified skill,
with or without a specified qualification or
credential;
``(C) to perform duty in a specified
assignment, location or unit; or
``(D) to perform duty for a specified
period of time.
``Sec. 374. Regulations
``This subchapter and subchapter II shall be administered
under regulations prescribed by--
``(1) the Secretary of Defense, with respect to the
armed forces under the jurisdiction of the Secretary of
Defense;
``(2) the Secretary of Homeland Security, with
respect to the Coast Guard when it is not operating as
a service in the Navy;
``(3) the Secretary of Health and Human Services,
with respect to the commissioned corps of the Public
Health Service; and
``(4) the Secretary of Commerce, with respect to
the National Oceanic and Atmospheric Administration.''.
(b) Transfer of 15-Year Career Status Bonus to Subchapter
II.--
(1) Transfer.--Section 322 of title 37, United
States Code, is transferred to appear after section 353
of subchapter II of chapter 5 of such title, as added
by subsection (a), and is redesignated as section 354.
(2) Conforming amendment.--Subsection (f) of such
section, as so transferred and redesignated, is amended
by striking ``section 303a(e)'' and inserting ``section
373''.
(3) Cross references.--Sections 1401a, 1409(b)(2),
and 1410 of title 10, United States Code, are amended
by striking ``section 322'' each place it appears and
inserting ``section 322 (as in effect before the
enactment of the National Defense Authorization Act for
Fiscal Year 2008) or section 354''.
(c) Transfer of Retention Incentives for Members Qualified
in Critical Military Skills or Assigned to High Priority
Units.--
(1) Transfer.--Section 323 of title 37, United
States Code, as amended by sections 614 and 622, is
transferred to appear after section 354 of subchapter
II of chapter 5 of such title, as transferred and
redesignated by subsection (b)(1), and is redesignated
as section 355.
(2) Conforming amendment.--Subsection (g) of such
section, as so transferred and redesignated, is amended
by striking ``section 303a(e)'' and inserting ``section
373''.
(d) Clerical Amendment.--The table of sections at the
beginning of chapter 5 of title 37, United States Code, is
amended to read as follows:
``subchapter i--existing special pay, incentive pay, and bonus
authorities
``Sec.
``301. Incentive pay: hazardous duty.
``301a. Incentive pay: aviation career.
``301b. Special pay: aviation career officers extending period of active
duty.
``301c. Incentive pay: submarine duty.
``301d. Multiyear retention bonus: medical officers of the armed forces.
``301e. Multiyear retention bonus: dental officers of the armed forces.
``302. Special pay: medical officers of the armed forces.
``302a. Special pay: optometrists.
``302b. Special pay: dental officers of the armed forces.
``302c. Special pay: psychologists and nonphysician health care
providers.
``302d. Special pay: accession bonus for registered nurses.
``302e. Special pay: nurse anesthetists.
``302f. Special pay: reserve, recalled, or retained health care
officers.
``302g. Special pay: Selected Reserve health care professionals in
critically short wartime specialties.
``302h. Special pay: accession bonus for dental officers.
``302i. Special pay: pharmacy officers.
``302j. Special pay: accession bonus for pharmacy officers.
``302k. Special pay: accession bonus for medical officers in critically
short wartime specialties.
``302l. Special pay: accession bonus for dental specialist officers in
critically short wartime specialties.
``303. Special pay: veterinarians.
``303a. Special pay: general provisions.
``303b. Waiver of board certification requirements.
``304. Special pay: diving duty.
``305. Special pay: hardship duty pay.
``305a. Special pay: career sea pay.
``305b. Special pay: service as member of Weapons of Mass Destruction
Civil Support Team.
``306. Special pay: officers holding positions of unusual responsibility
and of critical nature.
``306a. Special pay: members assigned to international military
headquarters.
``307. Special pay: special duty assignment pay for enlisted members.
``307a. Special pay: assignment incentive pay.
``308. Special pay: reenlistment bonus.
``308b. Special pay: reenlistment bonus for members of the Selected
Reserve.
``308c. Special pay: bonus for affiliation or enlistment in the Selected
Reserve.
``308d. Special pay: members of the Selected Reserve assigned to certain
high priority units.
``308g. Special pay: bonus for enlistment in elements of the Ready
Reserve other than the Selected Reserve.
``308h. Special pay: bonus for reenlistment, enlistment, or voluntary
extension of enlistment in elements of the Ready Reserve other
than the Selected Reserve.
``308i. Special pay: prior service enlistment bonus.
``308j. Special pay: affiliation bonus for officers in the Selected
Reserve.
``309. Special pay: enlistment bonus.
``310. Special pay: duty subject to hostile fire or imminent danger.
``312. Special pay: nuclear-qualified officers extending period of
active duty.
``312b. Special pay: nuclear career accession bonus.
``312c. Special pay: nuclear career annual incentive bonus.
``314. Special pay or bonus: qualified members extending duty at
designated locations overseas.
``315. Special pay: engineering and scientific career continuation pay.
``316. Special pay: bonus for members with foreign language proficiency.
``317. Special pay: officers in critical acquisition positions extending
period of active duty.
``318. Special pay: special warfare officers extending period of active
duty.
``319. Special pay: surface warfare officer continuation pay.
``320. Incentive pay: career enlisted flyers.
``321. Special pay: judge advocate continuation pay.
``324. Special pay: accession bonus for new officers in critical skills.
``325. Incentive bonus: savings plan for education expenses and other
contingencies.
``326. Incentive bonus: conversion to military occupational specialty to
ease personnel shortage.
``327. Incentive bonus: transfer between armed forces.
``328. Combat-related injury rehabilitation pay.
``329. Incentive bonus: retired members and reserve component members
volunteering for high-demand, low-density assignments.
``330. Special pay: accession bonus for officer candidates.
``subchapter ii--consolidation of special pay, incentive pay, and bonus
authorities
``331. General bonus authority for enlisted members.
``332. General bonus authority for officers.
``333. Special bonus and incentive pay authorities for nuclear officers.
``334. Special aviation incentive pay and bonus authorities for
officers.
``335. Special bonus and incentive pay authorities for officers in
health professions.
``351. Hazardous duty pay.
``352. Assignment pay or special duty pay.
``353. Skill incentive pay or proficiency bonus.
``354. Special pay: 15-year career status bonus for members entering
service on or after August 1, 1986.
``355. Special pay: retention incentives for members qualified in
critical military skills or assigned to high priority units.
``subchapter iii--general provisions
``371. Relationship to other incentives and pays.
``372. Continuation of pays during hospitalization and rehabilitation
resulting from wounds, injury, or illness incurred while on
duty in a hostile fire area or exposed to an event of hostile
fire or other hostile action.
``373. Repayment of unearned portion of bonus, incentive pay, or similar
benefit when conditions of payment not met.
``374. Regulations.''.
SEC. 662. TRANSITIONAL PROVISIONS.
(a) Implementation Plan.--
(1) Development.--The Secretary of Defense shall
develop a plan to implement subchapters II and III of
chapter 5 of title 37, United States Code, as added by
section 661(a), and to correspondingly transition all
of the special and incentive pay programs for members
of the uniformed services solely to provisions of such
subchapters.
(2) Submission.--Not later than one year after the
date of the enactment of this Act, the Secretary shall
submit the implementation plan to the congressional
defense committees.
(b) Transition Period.--During a transition period of not
more than 10 years beginning on the date of the enactment of
this Act, the Secretary of Defense, the Secretary of a military
department, and the Secretaries referred to in subsection (d)
may continue to use the authorities in provisions in subchapter
I of chapter 5 of title 37, United States Code, as designated
by section 661(a), but subject to the terms of such provisions
and such modifications as the Secretary of Defense may include
in the implementation plan, to provide bonuses and special and
incentive pays for members of the uniformed services.
(c) Notice of Implementation of New Authorities.--Not less
than 30 days before the date on which a special pay or bonus
authority provided under subchapter II of chapter 5 of title
37, United States Code, as added by section 661(a), is first
utilized, the Secretary of Defense shall submit to the
congressional defense committees a notice of the implementation
of the authority, including whether, as a result of
implementation of the authority, a corresponding authority in
subchapter I of such chapter, as designated by section 661(a),
will no longer be used.
(d) Coordination.--The Secretary of Defense shall prepare
the implementation plan in coordination with--
(1) the Secretary of Homeland Security, with
respect to the Coast Guard;
(2) the Secretary of Health and Human Services,
with respect to the commissioned corps of the Public
Health Service; and
(3) the Secretary of Commerce, with respect to the
National Oceanic and Atmospheric Administration.
(e) No Effect on Fiscal Year 2008 Obligations.--During
fiscal year 2008, obligations incurred under subchapters I, II,
and III of chapter 5 of title 37, United States Code, as
amended by section 661, to provide bonuses, incentive pays,
special pays, and similar payments to members of the uniformed
services under such subchapters may not exceed the obligations
that would be incurred in the absence of the amendments made by
such section.
Subtitle G--Other Matters
SEC. 671. REFERRAL BONUS AUTHORITIES.
(a) Codification and Modification of army Referral Bonus
Authority.--
(1) Army referral bonus.--Chapter 333 of title 10,
United States Code, is amended by inserting after
section 3251 the following new section:
``Sec. 3252. Bonus to encourage Army personnel to refer persons for
enlistment in the Army
``(a) Authority To Pay Bonus.--
``(1) Authority.--The Secretary of the Army may pay
a bonus under this section to an individual referred to
in 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.
``(2) Individuals eligible for bonus.--Subject to
subsection (c), the following individuals are eligible
for a referral bonus under this section:
``(A) A member in the regular component of
the Army.
``(B) A member of the Army National Guard.
``(C) A member of the Army Reserve.
``(D) A member of the Army in a retired
status, including a member under 60 years of
age who, but for age, would be eligible for
retired pay.
``(E) A civilian employee of the Department
of the Army.
``(b) Referral.--For purposes of this section, a referral
for which a bonus may be paid under subsection (a) occurs--
``(1) when the individual concerned contacts an
Army recruiter on behalf of a person interested in
enlisting in the Army; or
``(2) when a person interested in enlisting in the
Army contacts the Army recruiter and informs the
recruiter of the role of the individual concerned in
initially recruiting the person.
``(c) Certain Referrals Ineligible.--
``(1) Referral of immediate family.--A member of
the Army or civilian employee of the Department of the
Army may not be paid a bonus under subsection (a) for
the referral of an immediate family member.
``(2) Members in recruiting roles.--A member of the
Army or civilian employee of the Department of the Army
serving in a recruiting or retention assignment, or
assigned to other duties regarding which eligibility
for a bonus under subsection (a) could (as determined
by the Secretary) be perceived as creating a conflict
of interest, may not be paid a bonus under subsection
(a).
``(3) Junior reserve officers' training corps
instructors.--A member of the Army detailed under
subsection (c)(1) of section 2031 of this title to
serve as an administrator or instructor in the Junior
Reserve Officers' Training Corps program or a retired
member of the Army employed as an administrator or
instructor in the program under subsection (d) of such
section may not be paid a bonus under subsection (a).
``(d) Amount of Bonus.--The amount of the bonus payable for
a referral under subsection (a) may not exceed $2,000. The
amount shall be payable as provided in subsection (e).
``(e) Payment.--A bonus payable for a referral of a person
under subsection (a) shall be paid as follows:
``(1) Not more than $1,000 shall be paid upon the
commencement of basic training by the person.
``(2) Not more than $1,000 shall be paid upon the
completion of basic training and individual advanced
training by the person.
``(f) Relation to Prohibition on Bounties.--The referral
bonus authorized by this section is not a bounty for purposes
of section 514(a) of this title.
``(g) Coordination With Receipt of Retired Pay.--A bonus
paid under this section to a member of the Army in a retired
status is in addition to any compensation to which the member
is entitled under this title, title 37 or 38, or any other
provision of law.
``(h) Duration of Authority.--A bonus may not be paid under
subsection (a) with respect to any referral that occurs after
December 31, 2008.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by inserting
after the item relating to section 3251 the following
new item:
``3252. Bonus to encourage Army personnel to refer persons for
enlistment in the Army.''.
(b) Bonus for Referral of Persons for Appointment as
Officers to Serve in Health Professions.--
(1) Health professions referral bonus .--Chapter 53
of such title is amended by inserting before section
1031 the following new section:
``Sec. 1030. Bonus to encourage Department of Defense personnel to
refer persons for appointment as officers to serve
in health professions
``(a) Authority To Pay Bonus.--
``(1) Authority.--The Secretary of Defense may
authorize the appropriate Secretary to pay a bonus
under this section to an individual referred to in
paragraph (2) who refers to a military recruiter a
person who has not previously served in an armed force
and, after such referral, takes an oath of enlistment
that leads to appointment as a commissioned officer, or
accepts an appointment as a commissioned officer, in an
armed force in a health profession designated by the
appropriate Secretary for purposes of this section.
``(2) Individuals eligible for bonus.--Subject to
subsection (c), the following individuals are eligible
for a referral bonus under this section:
``(A) A member of the armed forces in a
regular component of the armed forces.
``(B) A member of the armed forces in a
reserve component of the armed forces.
``(C) A member of the armed forces in a
retired status, including a member under 60
years of age who, but for age, would be
eligible for retired or retainer pay.
``(D) A civilian employee of a military
department or the Department of Defense.
``(b) Referral.--For purposes of this section, a referral
for which a bonus may be paid under subsection (a) occurs--
``(1) when the individual concerned contacts a
military recruiter on behalf of a person interested in
taking an oath of enlistment that leads to appointment
as a commissioned officer, or accepting an appointment
as a commissioned officer, as applicable, in an armed
force in a health profession; or
``(2) when a person interested in taking an oath of
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.
``(c) Certain Referrals Ineligible.--
``(1) Referral of immediate family.--A member of
the armed forces or civilian employee of a military
department or the Department of Defense may not be paid
a bonus under subsection (a) for the referral of an
immediate family member.
``(2) Members in recruiting roles.--A member of the
armed forces or civilian employee of a military
department or the Department of Defense serving in a
recruiting or 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).
``(3) Junior reserve officers' training corps
instructors.--A member of the armed forces detailed
under subsection (c)(1) of section 2031 of this title
to serve as an administrator or instructor in the
Junior Reserve Officers' Training Corps program or a
retired member of the armed forces employed as an
administrator or instructor in the program under
subsection (d) of such section may not be paid a bonus
under subsection (a).
``(d) Amount of Bonus.--The amount of the bonus payable for
a referral under subsection (a) may not exceed $2,000. The
amount shall be payable as provided in subsection (e).
``(e) Payment.--A bonus payable for a referral of a person
under subsection (a) shall be paid as follows:
``(1) Not more than $1,000 shall be paid upon the
execution by the person of an agreement to serve as an
officer in a health profession in an armed force for
not less than 3 years,
``(2) Not more than $1,000 shall be paid upon the
completion by the person of the initial period of
military training as an officer.
``(f) Relation to Prohibition on Bounties.--The referral
bonus authorized by this section is not a bounty for purposes
of section 514(a) of this title.
``(g) Coordination With Receipt of Retired Pay.--A bonus
paid under this section to a member of the armed forces in a
retired status is in addition to any compensation to which the
member is entitled under this title, title 37 or 38, or any
other provision of law.
``(h) Appropriate Secretary Defined.--In this section, the
term `appropriate Secretary' means--
``(1) the Secretary of the Army, with respect to
matters concerning the Army;
``(2) the Secretary of the Navy, with respect to
matters concerning the Navy, the Marine Corps, and the
Coast Guard when it is operating as a service in the
Navy;
``(3) the Secretary of the Air Force, with respect
to matters concerning the Air Force; and
``(4) the Secretary of Defense, with respect to
personnel of the Department of Defense.
``(i) Duration of Authority.--A bonus may not be paid under
subsection (a) with respect to any referral that occurs after
December 31, 2008.''.
(2) Clerical amendments.--The table of sections at
the beginning of such chapter is amended by inserting
before the item relating to section 1031 the following
new item:
``1030. Bonus to encourage Department of Defense personnel to refer
persons for appointment as officers to serve in health
professions.''.
(c) Repeal of Superseded army Referral Bonus Authority.--
(1) Repeal.--Section 645 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-
163) is repealed.
(2) Payment of bonuses under superseded
authority.--Any bonus payable under section 645 of the
National Defense Authorization Act for Fiscal Year
2006, as in effect before its repeal by paragraph (1),
shall remain payable after that date and shall be paid
in accordance with the provisions of such section, as
in effect on the day before the date of the enactment
of this Act.
SEC. 672. EXPANSION OF EDUCATION LOAN REPAYMENT PROGRAM FOR MEMBERS OF
THE SELECTED RESERVE.
(a) Additional Educational Loans Eligible for Repayment.--
Paragraph (1) of subsection (a) of section 16301 of title 10,
United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph
(B);
(2) by striking the period at the end of
subparagraph (C) and inserting ``; or''; and
(3) by inserting after subparagraph (C) the
following new subparagraph:
``(D) any loan incurred for educational purposes
made by a lender that is--
``(i) an agency or instrumentality of a
State;
``(ii) a financial or credit institution
(including an insurance company) that is
subject to examination and supervision by an
agency of the United States or any State;
``(iii) a pension fund approved by the
Secretary for purposes of this section; or
``(iv) a nonprofit private entity
designated by a State, regulated by that State,
and approved by the Secretary for purposes of
this section.''.
(b) Participation of Officers in Program.--Such subsection
is further amended--
(1) in paragraph (2)--
(A) by striking ``Except as provided in
paragraph (3), the Secretary'' and inserting
``The Secretary''; and
(B) by striking ``an enlisted member of the
Selected Reserve of the Ready Reserve of an
armed force in a reserve component and military
specialty'' and inserting ``a member of the
Selected Reserve of the Ready Reserve of an
armed force in a reserve component and in an
officer program or military specialty''; and
(2) by striking paragraph (3).
(c) Clerical Amendments.--
(1) Section heading.--The heading of such section
is amended to read as follows:
``Sec. 16301. Education loan repayment program: members of Selected
Reserve''.
(2) Table of sections.--The table of sections at
the beginning of chapter 1609 of such title is amended
by striking the item relating to section 16301 and
inserting the following new item:
``16301. Education loan repayment program: members of Selected
Reserve.''.
SEC. 673. ENSURING ENTRY INTO UNITED STATES AFTER TIME ABROAD FOR
PERMANENT RESIDENT ALIEN MILITARY SPOUSES AND
CHILDREN.
Section 284 of the Immigration and Nationality Act (8
U.S.C. 1354) is amended--
(1) by striking ``Nothing'' and inserting ``(a)
Nothing''; and
(2) by adding at the end the following new
subsection:
``(b) If a person lawfully admitted for permanent residence
is the spouse or child of a member of the Armed Forces of the
United States, is authorized to accompany the member and reside
abroad with the member pursuant to the member's official
orders, and is so accompanying and residing with the member (in
marital union if a spouse), then the residence and physical
presence of the person abroad shall not be treated as--
``(1) an abandonment or relinquishment of lawful
permanent resident status for purposes of clause (i) of
section 101(a)(13)(C); or
``(2) an absence from the United States for
purposes of clause (ii) of such section.''.
SEC. 674. OVERSEAS NATURALIZATION FOR MILITARY SPOUSES AND CHILDREN.
(a) Spouses.--Section 319 of the Immigration and
Nationality Act (8 U.S.C. 1430) is amended by adding at the end
the following new subsection:
``(e)(1) In the case of a person lawfully admitted for
permanent residence in the United States who is the spouse of a
member of the Armed Forces of the United States, is authorized
to accompany such member and reside abroad with the member
pursuant to the member's official orders, and is so
accompanying and residing with the member in marital union,
such residence and physical presence abroad shall be treated,
for purposes of subsection (a) and section 316(a), as residence
and physical presence in--
``(A) the United States; and
``(B) any State or district of the Department of
Homeland Security in the United States.
``(2) Notwithstanding any other provision of law, a spouse
described in paragraph (1) shall be eligible for naturalization
proceedings overseas pursuant to section 1701(d) of the
National Defense Authorization Act for Fiscal Year 2004 (Public
Law 108-136; 8 U.S.C. 1443a).''.
(b) Children.--Section 322 of the Immigration and
Nationality Act (8 U.S.C. 1433) is amended by adding at the end
the following new subsection:
``(d) In the case of a child of a member of the Armed
Forces of the United States who is authorized to accompany such
member and reside abroad with the member pursuant to the
member's official orders, and is so accompanying and residing
with the member--
``(1) any period of time during which the member of
the Armed Forces is residing abroad pursuant to
official orders shall be treated, for purposes of
subsection (a)(2)(A), as physical presence in the
United States;
``(2) subsection (a)(5) shall not apply; and
``(3) the oath of allegiance described in
subsection (b) may be subscribed to abroad pursuant to
section 1701(d) of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 8 U.S.C.
1443a).''.
(c) Overseas Naturalization Authority.--Section 1701(d) of
the National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 8 U.S.C. 1443a) is amended--
(1) in the subsection heading, by inserting ``and
Their Spouses and Children'' after ``Forces''; and
(2) by inserting ``, and persons made eligible for
naturalization by section 319(e) or 322(d) of such
Act,'' after ``Armed Forces''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this Act and
apply to any application for naturalization or issuance of a
certificate of citizenship pending on or after such date.
SEC. 675. MODIFICATION OF AMOUNT OF BACK PAY FOR MEMBERS OF NAVY AND
MARINE CORPS SELECTED FOR PROMOTION WHILE INTERNED
AS PRISONERS OF WAR DURING WORLD WAR II TO TAKE
INTO ACCOUNT CHANGES IN CONSUMER PRICE INDEX.
(a) Modification.--Section 667(c) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-170) is
amended by adding at the end the following new paragraph:
``(3) The amount determined for a person under paragraph
(1) shall be increased to reflect increases in cost of living
since the basic pay referred to in paragraph (1)(B) was paid to
or for that person, calculated on the basis of the Consumer
Price Index (all items--United States city average) published
monthly by the Bureau of Labor Statistics.''.
(b) Recalculation of Previous Payments.--In the case of any
payment of back pay made to or for a person under section 667
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 before the date of the enactment of this Act,
the Secretary of the Navy shall--
(1) recalculate the amount of back pay to which the
person is entitled by reason of the amendment made by
subsection (a); and
(2) if the amount of back pay, as so recalculated,
exceeds the amount of back pay so paid, pay the person,
or the surviving spouse of the person, an amount equal
to the excess.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Improvements to Military Health Benefits
Sec. 701. One-year extension of prohibition on increases in certain
health care costs for members of the uniformed services.
Sec. 702. Temporary prohibition on increase in copayments under retail
pharmacy system of pharmacy benefits program.
Sec. 703. Inclusion of TRICARE retail pharmacy program in Federal
procurement of pharmaceuticals.
Sec. 704. Stipend for members of reserve components for health care for
certain dependents.
Sec. 705. Authority for expansion of persons eligible for continued
health benefits coverage.
Sec. 706. Continuation of eligibility for TRICARE Standard coverage for
certain members of the Selected Reserve.
Sec. 707. Extension of pilot program for health care delivery.
Sec. 708. Inclusion of mental health care in definition of health care
and report on mental health care services.
Subtitle B--Studies and Reports
Sec. 711. Surveys on continued viability of TRICARE Standard and TRICARE
Extra.
Sec. 712. Report on training in preservation of remains under combat or
combat-related conditions.
Sec. 713. Report on patient satisfaction surveys.
Sec. 714. Report on medical physical examinations of members of the
Armed Forces before their deployment.
Sec. 715. Report and study on multiple vaccinations of members of the
Armed Forces.
Sec. 716. Review of gender- and ethnic group-specific mental health
services and treatment for members of the Armed Forces.
Sec. 717. Licensed mental health counselors and the TRICARE program.
Sec. 718. Report on funding of the Department of Defense for health
care.
Subtitle C--Other Matters
Sec. 721. Prohibition on conversion of military medical and dental
positions to civilian medical and dental positions.
Sec. 722. Establishment of Joint Pathology Center.
Subtitle A--Improvements to Military Health Benefits
SEC. 701. ONE-YEAR EXTENSION OF PROHIBITION ON INCREASES IN CERTAIN
HEALTH CARE COSTS FOR MEMBERS OF THE UNIFORMED
SERVICES.
(a) Charges Under Contracts for Medical Care.--Section
1097(e) of title 10, United States Code, is amended by striking
``September 30, 2007'' and inserting ``September 30, 2008''.
(b) Charges for Inpatient Care.--Section 1086(b)(3) of such
title is amended by striking ``September 30, 2007.'' and
inserting ``September 30, 2008''.
(c) Premiums Under TRICARE Coverage for Certain Members in
the Selected Reserve.--Section 1076d(d)(3) of such title is
amended by striking ``September 30, 2007'' and inserting
``September 30, 2008''.
SEC. 702. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS UNDER RETAIL
PHARMACY SYSTEM OF PHARMACY BENEFITS PROGRAM.
During the period beginning on October 1, 2007, and ending
on September 30, 2008, the cost sharing requirements
established under paragraph (6) of section 1074g(a) of title
10, United States Code, for pharmaceutical agents available
through retail pharmacies covered by paragraph (2)(E)(ii) of
such section may not exceed amounts as follows:
(1) In the case of generic agents, $3.
(2) In the case of formulary agents, $9.
(3) In the case of nonformulary agents, $22.
SEC. 703. INCLUSION OF TRICARE RETAIL PHARMACY PROGRAM IN FEDERAL
PROCUREMENT OF PHARMACEUTICALS.
(a) In General.--Section 1074g of title 10, United States
Code, is amended--
(1) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively; and
(2) by inserting after subsection (e) the following
new subsection (f):
``(f) Procurement of Pharmaceuticals by TRICARE Retail
Pharmacy Program.--With respect to any prescription filled on
or after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2008, the TRICARE retail
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.''.
(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 section 1074g of title 10,
United States Code (as redesignated by subsection (a)(1) of
this section), to implement the requirements of subsection (f)
of section 1074g of title 10, United States Code (as amended by
subsection (a)(2) of this section). The Secretary shall so
modify such regulations not later than December 31, 2007.
SEC. 704. STIPEND FOR MEMBERS OF RESERVE COMPONENTS FOR HEALTH CARE FOR
CERTAIN DEPENDENTS.
The Secretary of Defense may, pursuant to regulations
prescribed by the Secretary, pay a stipend to a member of a
reserve component of the Armed Forces who is called or ordered
to active duty for a period of more than 30 days for purposes
of maintaining civilian health care coverage for a dependant
whom the Secretary determines to possess a special health care
need that would be best met by remaining in the member's
civilian health plan. In making such determination, the
Secretary shall consider whether--
(1) the dependent of the member was receiving
treatment for the special health care need before the
call or order to active duty of the member; and
(2) the call or order to active duty would result
in an interruption in treatment or a change in health
care provider for such treatment.
SEC. 705. AUTHORITY FOR EXPANSION OF PERSONS ELIGIBLE FOR CONTINUED
HEALTH BENEFITS COVERAGE.
(a) Authority To Specify Additional Eligible Persons.--
Subsection (b) of section 1078a of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(4) Any other person specified in regulations
prescribed by the Secretary of Defense for purposes of
this paragraph who loses entitlement to health care
services under this chapter or section 1145 of this
title, subject to such terms and conditions as the
Secretary shall prescribe in the regulations.''.
(b) Election of Coverage.--Subsection (d) of such section
is amended by adding at the end the following new paragraph:
``(4) In the case of a person described in
subsection (b)(4), by such date as the Secretary shall
prescribe in the regulations required for purposes of
that subsection.''.
(c) Period of Coverage.--Subsection (g)(1) of such section
is amended--
(1) in subparagraph (B), by striking ``and'' at the
end;
(2) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(3) by adding at the end the following new
subparagraph:
``(D) in the case of a person described in
subsection (b)(4), the date that is 36 months after the
date on which the person loses entitlement to health
care services as described in that subsection.''.
SEC. 706. CONTINUATION OF ELIGIBILITY FOR TRICARE STANDARD COVERAGE FOR
CERTAIN MEMBERS OF THE SELECTED RESERVE.
(a) In General.--Section 706(f) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 120 Stat. 2282; 10 U.S.C. 1076d note) is amended--
(1) by striking ``Enrollments'' and inserting ``(1)
Except as provided in paragraph (2), enrollments''; and
(2) by adding at the end the following new
paragraph:
``(2) The enrollment of a member in TRICARE Standard that
is in effect on the day before health care under TRICARE
Standard is provided pursuant to the effective date in
subsection (g) shall not be terminated by operation of the
exclusion of eligibility under subsection (a)(2) of such
section 1076d, as so amended, for the duration of the
eligibility of the member under TRICARE Standard as in effect
on October 16, 2006.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2007.
SEC. 707. EXTENSION OF PILOT PROGRAM FOR HEALTH CARE DELIVERY.
(a) Extension of Duration of Pilot Program.--Section 721(e)
of the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1988; 10 U.S.C.
1092 note) is amended by striking ``and 2007'' and inserting
``, 2007, 2008, 2009, and 2010''.
(b) Extension of Report Deadline.--Section 721(f) of such
Act is amended by striking ``July 1, 2007'' and inserting
``July 1, 2010''.
(c) Revision in Selection Criteria.--Section 721(d)(2) of
such Act is amended by striking ``expected to increase over the
next five years'' and inserting ``has increased over the five
years preceding 2008''.
(d) Addition to Requirements of Pilot Program.--Section
721(b) of such Act is amended--
(1) by striking ``and'' at the end of paragraph
(3);
(2) by striking the period and inserting ``; and''
at the end of paragraph (4); and
(3) by adding at the end the following:
``(5) collaborate with State and local authorities
to create an arrangement to share and exchange, between
the Department of Defense and non-military health care
systems, personal health information and data of
military personnel and their families.''.
SEC. 708. INCLUSION OF MENTAL HEALTH CARE IN DEFINITION OF HEALTH CARE
AND REPORT ON MENTAL HEALTH CARE SERVICES.
(a) Inclusion of Mental Health Care in Definition of Health
Care.--Section 1072 of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(10) The term `health care' includes mental
health care.''.
(b) Report on Access to Mental Health Care Services.--Not
later than one year after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report on the adequacy of access to mental health services
under the TRICARE program, including in the geographic areas
where surveys on the continued viability of TRICARE Standard
and TRICARE Extra are conducted under section 711 of this Act.
Subtitle B--Studies and Reports
SEC. 711. SURVEYS ON CONTINUED VIABILITY OF TRICARE STANDARD AND
TRICARE EXTRA.
(a) Requirement for Surveys.--
(1) In general.--The Secretary of Defense shall
conduct surveys of health care providers and
beneficiaries who use TRICARE in the United States to
determine, utilizing a reconciliation of the responses
of providers and beneficiaries to such surveys, each of
the following:
(A) How many health care providers in
TRICARE Prime service areas selected under
paragraph (3)(A) are accepting new patients
under each of TRICARE Standard and TRICARE
Extra.
(B) How many health care providers in
geographic areas in which TRICARE Prime is not
offered are accepting patients under each of
TRICARE Standard and TRICARE Extra.
(C) The availability of mental health care
providers in TRICARE Prime service areas
selected under paragraph (3)(C) and in
geographic areas in which TRICARE Prime is not
offered.
(2) Benchmarks.--The Secretary shall establish for
purposes of the surveys required by paragraph (1)
benchmarks for primary care and specialty care
providers, including mental health care providers, to
be utilized to determine the adequacy of the
availability of health care providers to beneficiaries
eligible for TRICARE.
(3) Scope of surveys.--The Secretary shall carry
out the surveys required by paragraph (1) as follows:
(A) In the case of the surveys required by
subparagraph (A) of that paragraph, in at least
20 TRICARE Prime service areas in the United
States in each of fiscal years 2008 through
2011.
(B) In the case of the surveys required by
subparagraph (B) of that paragraph, in 20
geographic areas in which TRICARE Prime is not
offered and in which significant numbers of
beneficiaries who are members of the Selected
Reserve reside.
(C) In the case of the surveys required by
subparagraph (C) of that paragraph, in at least
40 geographic areas.
(4) Priority for surveys.--In prioritizing the
areas which are to be surveyed under paragraph (1), the
Secretary shall--
(A) consult with representatives of TRICARE
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;
(B) give a high priority to surveying
health care and mental health care providers in
such areas; and
(C) give a high priority to surveying
beneficiaries and providers located in
geographic areas with high concentrations of
members of the Selected Reserve.
(5) Information from providers.--The surveys
required by paragraph (1) shall include questions
seeking to determine from health care and mental health
care providers the following:
(A) Whether the provider is aware of the
TRICARE program.
(B) What percentage of the provider's
current patient population uses any form of
TRICARE.
(C) Whether the provider accepts patients
for whom payment is made under the medicare
program for health care and mental health care
services.
(D) If the provider accepts patients
referred to in subparagraph (C), whether the
provider would accept additional such patients
who are not in the provider's current patient
population.
(6) Information from beneficiaries.--The surveys
required by paragraph (1) shall include questions
seeking information to determine from TRICARE
beneficiaries whether they have difficulties in finding
health care and mental health care providers willing to
provide services under TRICARE Standard or TRICARE
Extra.
(b) GAO Review.--
(1) Ongoing review.--The Comptroller General shall,
on an ongoing basis, review--
(A) the processes, procedures, and analysis
used by the Department of Defense to determine
the adequacy of the number of health care and
mental health care providers--
(i) that currently accept TRICARE
Standard or TRICARE Extra beneficiaries
as patients under TRICARE Standard in
each TRICARE area as of the date of
completion of the review; and
(ii) that would accept TRICARE
Standard or TRICARE Extra beneficiaries
as new patients under TRICARE Standard
or TRICARE Extra, as applicable, within
a reasonable time after the date of
completion of the review; and
(B) the actions taken by the Department of
Defense to ensure ready access of TRICARE
Standard beneficiaries to health care and
mental health care under TRICARE Standard in
each TRICARE area, including any pending or
resolved requests for waiver of payment limits
in order to improve access to health care or
mental health care in a specific geographic
area.
(2) Reports.--The Comptroller General shall submit
to the Committees on Armed Services of the Senate and
the House of Representatives on a bi-annual basis a
report on the results of the review under paragraph
(1). Each report shall include the following:
(A) An analysis of the adequacy of the
surveys under subsection (a).
(B) An identification of any impediments to
achieving adequacy of availability of health
care and mental health care under TRICARE
Standard or TRICARE Extra.
(C) An assessment of the adequacy of
Department of Defense education programs to
inform health care and mental health care
providers about TRICARE Standard and TRICARE
Extra.
(D) An assessment of the adequacy of
Department of Defense initiatives to encourage
health care and mental health care providers to
accept patients under TRICARE Standard and
TRICARE Extra.
(E) An assessment of the adequacy of
information available to TRICARE Standard
beneficiaries to facilitate access by such
beneficiaries to health care and mental health
care under TRICARE Standard and TRICARE Extra.
(F) An assessment of any need for
adjustment of health care and mental health
care provider payment rates to attract
participation in TRICARE Standard by
appropriate numbers of health care and mental
health care providers.
(G) An assessment of the adequacy of
Department of Defense programs to inform
members of the Selected Reserve about the
TRICARE Reserve Select program.
(H) An assessment of the ability of TRICARE
Reserve Select beneficiaries to receive care in
their geographic area.
(c) Effective Date.--This section shall take effect on
October 1, 2007.
(d) Repeal of Superseded Requirements and Authority.--
Section 723 of the National Defense Authorization Act for
Fiscal Year 2004 (10 U.S.C. 1073 note) is repealed, effective
as of October 1, 2007.
(e) Definitions.--In this section:
(1) The term ``TRICARE Extra'' means the option of
the TRICARE program under which TRICARE Standard
beneficiaries may obtain discounts on cost-sharing as a
result of using TRICARE network providers.
(2) The term ``TRICARE Prime'' means the managed
care option of the TRICARE program.
(3) The term ``TRICARE Prime service area'' means a
geographic area designated by the Department of Defense
in which managed care support contractors develop a
managed care network under TRICARE Prime.
(4) The term ``TRICARE Standard'' means the option
of the TRICARE program that is also known as the
Civilian Health and Medical Program of the Uniformed
Services, as defined in section 1072(4) of title 10,
United States Code.
(5) The term ``TRICARE Reserve Select'' means the
option of the TRICARE program that allows members of
the Selected Reserve to enroll in TRICARE Standard,
pursuant to section 1076d of title 10, United States
Code.
(6) The term ``member of the Selected Reserve''
means a member of the Selected Reserve of the Ready
Reserve of a reserve component of the Armed Forces.
(7) The term ``United States'' means the United
States (as defined in section 101(a) of title 10,
United States Code), its possessions (as defined in
such section), and the Commonwealth of Puerto Rico.
SEC. 712. REPORT ON TRAINING IN PRESERVATION OF REMAINS UNDER COMBAT OR
COMBAT-RELATED CONDITIONS.
(a) Report Required.--The Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report on the requirements of section 567
of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2224; 10 U.S.C.
1481 note).
(b) Matters Covered.--The report shall include a detailed
description of the implementation of such section, including--
(1) where the training program is taking place;
(2) who is providing the training;
(3) the number of each type of military health care
professional trained to date; and
(4) what the training covers.
(c) Deadline.--The report required by this section shall be
submitted not later than 180 days after the date of the
enactment of this Act.
SEC. 713. REPORT ON PATIENT SATISFACTION SURVEYS.
(a) Report Required.--Not later than March 1, 2008, the
Secretary of Defense shall submit to the congressional defense
committees a report on the ongoing patient satisfaction surveys
taking place in Department of Defense inpatient and outpatient
settings at military treatment facilities.
(b) Content.--The report required under subsection (a)
shall include the following:
(1) The types of survey questions asked.
(2) How frequently the surveying is conducted.
(3) How often the results are analyzed and reported
back to the treatment facilities.
(4) To whom survey feedback is made available.
(5) How best practices are incorporated for quality
improvement.
(6) An analysis of the effect of inpatient and
outpatient surveys on quality improvement and a
comparison of patient satisfaction survey programs with
patient satisfaction survey programs used by other
public and private health care systems and
organizations.
(c) Use of Report Information.--The Secretary shall use
information in the report as the basis for a plan for
improvements in patient satisfaction surveys used to assess
health care at military treatment facilities in order to ensure
the provision of high quality health care and hospital services
in such facilities.
SEC. 714. REPORT ON MEDICAL PHYSICAL EXAMINATIONS OF MEMBERS OF THE
ARMED FORCES BEFORE THEIR DEPLOYMENT.
Not later than April 1, 2008, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report setting forth the
following:
(1) A comparison of the policies of the military
departments concerning medical physical examinations of
members of the Armed Forces before their deployment,
including an identification of instances in which a
member (including a member of a reserve component) may
be required to undergo multiple physical examinations,
from the time of notification of an upcoming deployment
through the period of preparation for deployment.
(2) An assessment of the current policies related
to, as well as the feasibility of, each of the
following:
(A) A single predeployment physical
examination for members of the Armed Forces
before their deployment.
(B) A single system for tracking
electronically the results of examinations
under subparagraph (A) that can be shared among
the military departments and thereby eliminate
redundancy of medical physical examinations for
members of the Armed Forces before their
deployment.
SEC. 715. REPORT AND STUDY ON MULTIPLE VACCINATIONS OF MEMBERS OF THE
ARMED FORCES.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the policies of the
Department of Defense for administering and evaluating the
vaccination of members of the Armed Forces.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of the Department's policies
governing the administration of multiple vaccinations
in a 24-hour period, including the procedures providing
for a full review of an individual's medical history
prior to the administration of multiple vaccinations,
and whether such policies and procedures differ for
members of the Armed Forces on active duty and members
of reserve components.
(2) An assessment of how the Department's policies
on multiple vaccinations in a 24-hour period conform to
current regulations of the Food and Drug Administration
and research performed or being performed by the
Centers for Disease Control, other non-military Federal
agencies, and non-federal institutions on multiple
vaccinations in a 24-hour period.
(3) An assessment of the Department's procedures
for initiating investigations of deaths of members of
the Armed Forces in which vaccinations may have played
a role, including whether such investigations can be
requested by family members of the deceased
individuals.
(4) The number of deaths of members of the Armed
Forces since May 18, 1998, that the Department has
investigated for the potential role of vaccine
administration, including both the number of deaths
investigated that was alleged to have involved more
than one vaccine administered in a given 24-hour period
and the number of deaths investigated that was
determined to have involved more than one vaccine
administered in a given 24-hour period.
(5) An assessment of the procedures for providing
the Adjutants General of the various States and
territories with up-to-date information on the
effectiveness and potential allergic reactions and side
effects of vaccines required to be taken by National
Guard members.
(6) An assessment of whether procedures are in
place to provide that the Adjutants General of the
various States and territories retain updated medical
records of each National Guard member called up for
active duty.
SEC. 716. REVIEW OF GENDER- AND ETHNIC GROUP-SPECIFIC MENTAL HEALTH
SERVICES AND TREATMENT FOR MEMBERS OF THE ARMED
FORCES.
(a) Comprehensive Review.--The Secretary of Defense shall
conduct a comprehensive review of--
(1) the need for gender- and ethnic group-specific
mental health treatment and services for members of the
Armed Forces; and
(2) the efficacy and adequacy of existing gender-
and ethnic group-specific mental health treatment
programs and services for members of the Armed Forces,
to include availability of and access to such programs.
(b) Elements.--The review required by subsection (a) shall
include, but not be limited to, an assessment of the following:
(1) The need for gender- and ethnic group-specific
mental health outreach, prevention, and treatment
services for members of the Armed Forces.
(2) The access to and efficacy of existing gender-
and ethnic group-specific mental health outreach,
prevention, and treatment services and programs
(including substance abuse programs).
(3) The availability of gender- and ethnic group-
specific services and treatment for members of the
Armed Forces who experienced sexual assault or abuse.
(4) The access to and need for treatment facilities
focusing on the gender- and ethnic group-specific
mental health care needs of members of the Armed
Forces.
(5) The need for further clinical research on the
gender- and ethnic group-specific needs of members of
the Armed Forces who served in a combat zone.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on the review
required by subsection (a).
SEC. 717. LICENSED MENTAL HEALTH COUNSELORS AND THE TRICARE PROGRAM.
(a) Regulations.--The Secretary of Defense shall prescribe
regulations to establish criteria that licensed or certified
mental health counselors shall meet in order to be able to
independently provide care to TRICARE beneficiaries and receive
payment under the TRICARE program for such services. The
criteria shall include requirements for education level,
licensure, certification, and clinical experience as considered
appropriate by the Secretary.
(b) Study Required.--The Secretary of Defense shall enter
into a contract with the Institute of Medicine of the National
Academy of Sciences, or another similarly qualified independent
academic medical organization, for the purpose of--
(1) conducting an independent study of the
credentials, preparation, and training of individuals
practicing as licensed mental health counselors; and
(2) making recommendations for permitting licensed
mental health counselors to practice independently
under the TRICARE program.
(c) Elements of Study.--
(1) Educational requirements.--The study required
by subsection (b) shall provide for an assessment of
the educational requirements and curricula relevant to
mental health practice for licensed mental health
counselors, including types of degrees recognized,
certification standards for graduate programs for such
profession, and recognition of undergraduate coursework
for completion of graduate degree requirements.
(2) Licensing requirements.--The study required by
subsection (b) shall provide for an assessment of State
licensing requirements for licensed mental health
counselors, including for each level of licensure if a
State issues more than one type of license for the
profession. The assessment shall examine requirements
in the areas of education, training, examination,
continuing education, and ethical standards, and shall
include an evaluation of the extent to which States
authorize members of the licensed mental health
counselor profession to diagnose and treat mental
illnesses.
(3) Clinical experience requirements.--The study
required by subsection (b) shall provide for an
analysis of the requirements for clinical experience
for a licensed mental health counselor to be recognized
under regulations for the TRICARE program, and
recommendations, if any, for standardization or
adjustment of such requirements.
(4) Independent practice under other federal
programs.--The study required by subsection (b) shall
provide for an assessment of the extent to which
licensed mental health counselors are authorized to
practice independently under other Federal programs
(such as the Medicare program, the Department of
Veterans Affairs, the Indian Health Service, and Head
Start), and a review of the relationship, if any,
between recognition of mental health professions under
the Medicare program and independent practice authority
for such profession under the TRICARE program.
(5) Independent practice under fehbp.--The study
required by subsection (b) shall provide for an
assessment of the extent to which licensed mental
health counselors are authorized to practice
independently under the Federal Employee Health
Benefits Program and private insurance plans. The
assessment shall identify the States having laws
requiring private insurers to cover, or offer coverage
of, the services of members of licensed mental health
counselors and shall identify the conditions, if any,
that are placed on coverage of practitioners under the
profession by insurance plans and how frequently these
types of conditions are used by insurers.
(6) Historical review of regulations.--The study
required by subsection (b) shall provide for a review
of the history of regulations prescribed by the
Department of Defense regarding which members of the
mental health profession are recognized as providers
under the TRICARE program as independent practitioners,
and an examination of the recognition by the Department
of third-party certification for members of such
profession.
(7) Clinical capabilities studies.--The study
required by subsection (b) shall include a review of
outcome studies and of the literature regarding the
comparative quality and effectiveness of care provided
by licensed mental health counselors and provide an
independent review of the findings.
(d) Recommendations for TRICARE Independent Practice
Authority.--The recommendations provided under subsection
(b)(2) shall include recommendations regarding modifications of
current policy for the TRICARE program with respect to allowing
licensed mental health counselors to practice independently
under the TRICARE program.
(e) Report.--Not later than March 1, 2009, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the review
required by subsection (b).
SEC. 718. REPORT ON FUNDING OF THE DEPARTMENT OF DEFENSE FOR HEALTH
CARE.
(a) Report.--If the President submits to Congress the
budget for a fiscal year under section 1105 of title 31, United
States Code, and the aggregate amount included in that budget
for the Department of Defense for health care for such fiscal
year is less than the aggregate amount provided by Congress for
the Department for health care for the preceding fiscal year,
and, in the case of the Department, the total allocation from
the Defense Health Program to any military department is less
than the total such allocation in the preceding fiscal year,
the President shall submit to Congress a report on--
(1) the reasons for the determination that
inclusion of a lesser aggregate amount or allocation to
any military department is in the national interest;
and
(2) the anticipated effects of the inclusion of
such lesser aggregate amount or allocation to any
military department on the access to and delivery of
medical and support services to members of the Armed
Forces and their family members.
(b) Termination.--The section shall not be in effect after
December 31, 2017.
Subtitle C--Other Matters
SEC. 721. PROHIBITION ON CONVERSION OF MILITARY MEDICAL AND DENTAL
POSITIONS TO CIVILIAN MEDICAL AND DENTAL POSITIONS.
(a) Prohibition.--The Secretary of a military department
may not convert any military medical or dental position to a
civilian medical or dental position during the period beginning
on October 1, 2007, and ending on September 30, 2012.
(b) Restoration of Certain Positions to Military
Positions.--In the case of any military medical or dental
position that is converted to a civilian medical or dental
position during the period beginning on October 1, 2004, and
ending on September 30, 2008, if the position is not filled by
a civilian by September 30, 2008, the Secretary of the military
department concerned shall restore the position to a military
medical or dental position that can be filled only by a member
of the Armed Forces who is a health professional.
(c) Report.--
(1) Requirement.--The Secretary of Defense shall
submit to the congressional defense committees a report
on conversions made during fiscal year 2007 not later
than 180 days after the enactment of this Act.
(2) Matters covered.--The report shall include the
following:
(A) The number of military medical or
dental positions, by grade or band and
specialty, converted to civilian medical or
dental positions.
(B) The results of a market survey in each
affected area of the availability of civilian
medical and dental care providers in such area
in order to determine whether there were
civilian medical and dental care providers
available in such area adequate to fill the
civilian positions created by the conversion of
military medical and dental positions to
civilian positions in such area.
(C) An analysis, by affected area, showing
the extent to which access to health care and
cost of health care was affected in both the
direct care and purchased care systems,
including an assessment of the effect of any
increased shifts in patient load from the
direct care to the purchased care system, or
any delays in receipt of care in either the
direct or purchased care system because of the
conversions.
(D) The extent to which military medical
and dental positions converted to civilian
medical or dental positions affected recruiting
and retention of uniformed medical and dental
personnel.
(E) A comparison of the full costs for the
military medical and dental positions converted
with the full costs for civilian medical and
dental positions, including expenses such as
recruiting, salary, benefits, training, and any
other costs the Department identifies.
(F) An assessment showing that the military
medical or dental positions converted were in
excess of the military medical and dental
positions needed to meet medical and dental
readiness requirements of the uniformed
services, as determined jointly by all the
uniformed services.
(d) Definitions.--In this section:
(1) The term ``military medical or dental
position'' means a position for the performance of
health care functions within the Armed Forces held by a
member of the Armed Forces.
(2) The term ``civilian medical or dental
position'' means a position for the performance of
health care functions within the Department of Defense
held by an employee of the Department or of a
contractor of the Department.
(3) The term ``uniformed services'' has the meaning
given that term in section 1072(1) of title 10, United
States Code.
(4) The term ``conversion'', with respect to a
military medical or dental position, means a change of
the position to a civilian medical or dental position,
effective as of the date of the manning authorization
document of the military department making the change
(through a change in designation from military to
civilian in the document, the elimination of the
listing of the position as a military position in the
document, or through any other means indicating the
change in the document or otherwise).
(e) Repeal.--Section 742 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 120 Stat. 2306) is repealed.
SEC. 722. ESTABLISHMENT OF JOINT PATHOLOGY CENTER.
(a) Findings.--Congress makes the following findings:
(1) The Secretary of Defense proposed to
disestablish all elements of the Armed Forces Institute
of Pathology, except the National Medical Museum and
the Tissue Repository, as part of the recommendations
of the Secretary for the closure of Walter Reed Army
Medical Center in the 2005 round of defense base
closure and realignment.
(2) The Defense Base Closure and Realignment
Commission altered, but did not reject, the proposal of
the Secretary of Defense to disestablish the Armed
Forces Institute of Pathology.
(3) The Commission's recommendation that the Armed
Forces Institute of Pathology's ``capabilities not
specified in this recommendation will be absorbed into
other DOD, Federal, or civilian facilities'' provides
the flexibility to retain a Joint Pathology Center as a
Department of Defense or Federal entity.
(b) Sense of Congress.--It is the sense of Congress that
the Armed Forces Institute of Pathology has provided important
medical benefits to the Armed Forces and to the United States
and that the Federal Government should retain a Joint Pathology
Center.
(c) Establishment.--
(1) Establishment required.--The President shall
establish and maintain a Joint Pathology Center that
shall function as the reference center in pathology for
the Federal Government.
(2) Establishment within dod.--Except as provided
in paragraph (3), the Joint Pathology Center shall be
established in the Department of Defense, consistent
with the final recommendations of the 2005 Defense Base
Closure and Realignment Commission, as approved by the
President.
(3) Establishment in another department.--If the
President makes a determination, within 180 days after
the date of the enactment of this Act, that the Joint
Pathology Center cannot be established in the
Department of Defense, the Joint Pathology Center shall
be established as an element of a Federal agency other
than the Department of Defense. The President shall
incorporate the selection of such agency into the
determination made under this paragraph.
(d) Services.--The Joint Pathology Center shall provide, at
a minimum, the following:
(1) Diagnostic pathology consultation services in
medicine, dentistry, and veterinary sciences.
(2) Pathology education, to include graduate
medical education, including residency and fellowship
programs, and continuing medical education.
(3) Diagnostic pathology research.
(4) Maintenance and continued modernization of the
Tissue Repository and, as appropriate, utilization of
the Repository in conducting the activities described
in paragraphs (1) through (3).
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Sec. 800. Short title.
Subtitle A--Acquisition Policy and Management
Sec. 801. Internal controls for procurements on behalf of the Department
of Defense by certain non-Defense agencies.
Sec. 802. Lead systems integrators.
Sec. 803. Reinvestment in domestic sources of strategic materials.
Sec. 804. Clarification of the protection of strategic materials
critical to national security.
Sec. 805. Procurement of commercial services.
Sec. 806. Specification of amounts requested for procurement of contract
services.
Sec. 807. Inventories and reviews of contracts for services.
Sec. 808. Independent management reviews of contracts for services.
Sec. 809. Implementation and enforcement of requirements applicable to
undefinitized contractual actions.
Sec. 810. Clarification of limited acquisition authority for Special
Operations Command.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Requirements applicable to multiyear contracts for the
procurement of major systems of the Department of Defense.
Sec. 812. Changes to Milestone B certifications.
Sec. 813. Comptroller General report on Department of Defense
organization and structure for major defense acquisition
programs.
Sec. 814. Clarification of submission of cost or pricing data on
noncommercial modifications of commercial items.
Sec. 815. Clarification of rules regarding the procurement of commercial
items.
Sec. 816. Review of systemic deficiencies on major defense acquisition
programs.
Sec. 817. Investment strategy for major defense acquisition programs.
Sec. 818. Report on implementation of recommendations on total ownership
cost for major weapon systems.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Plan for restricting Government-unique contract clauses on
commercial contracts.
Sec. 822. Extension of authority for use of simplified acquisition
procedures for certain commercial items.
Sec. 823. Five-year extension of authority to carry out certain
prototype projects.
Sec. 824. Exemption of Special Operations Command from certain
requirements for certain contracts relating to vessels,
aircraft, and combat vehicles.
Sec. 825. Provision of authority to maintain equipment to unified
combatant command for joint warfighting.
Sec. 826. Market research.
Sec. 827. Modification of competition requirements for purchases from
Federal Prison Industries.
Sec. 828. Multiyear contract authority for electricity from renewable
energy sources.
Sec. 829. Procurement of fire resistant rayon fiber for the production
of uniforms from foreign sources.
Sec. 830. Comptroller General review of noncompetitive awards of
congressional and executive branch interest items.
Subtitle D--Accountability in Contracting
Sec. 841. Commission on Wartime Contracting in Iraq and Afghanistan.
Sec. 842. Investigation of waste, fraud, and abuse in wartime contracts
and contracting processes in Iraq and Afghanistan.
Sec. 843. Enhanced competition requirements for task and delivery order
contracts.
Sec. 844. Public disclosure of justification and approval documents for
noncompetitive contracts.
Sec. 845. Disclosure of government contractor audit findings.
Sec. 846. Protection for contractor employees from reprisal for
disclosure of certain information.
Sec. 847. Requirements for senior Department of Defense officials
seeking employment with defense contractors.
Sec. 848. Report on contractor ethics programs of Major Defense
contractors.
Sec. 849. Contingency contracting training for personnel outside the
acquisition workforce and evaluations of Army Commission
recommendations.
Subtitle E--Acquisition Workforce Provisions
Sec. 851. Requirement for section on defense acquisition workforce in
strategic human capital plan.
Sec. 852. Department of Defense Acquisition Workforce Development Fund.
Sec. 853. Extension of authority to fill shortage category positions for
certain Federal acquisition positions.
Sec. 854. Repeal of sunset of acquisition workforce training fund.
Sec. 855. Federal acquisition workforce improvements.
Subtitle F--Contracts in Iraq and Afghanistan
Sec. 861. Memorandum of understanding on matters relating to
contracting.
Sec. 862. Contractors performing private security functions in areas of
combat operations.
Sec. 863. Comptroller General reviews and reports on contracting in Iraq
and Afghanistan.
Sec. 864. Definitions and other general provisions.
Subtitle G--Defense Materiel Readiness Board
Sec. 871. Establishment of Defense Materiel Readiness Board.
Sec. 872. Critical materiel readiness shortfalls.
Subtitle H--Other Matters
Sec. 881. Clearinghouse for rapid identification and dissemination of
commercial information technologies.
Sec. 882. Authority to license certain military designations and
likenesses of weapons systems to toy and hobby manufacturers.
Sec. 883. Modifications to limitation on contracts to acquire military
flight simulator.
Sec. 884. Requirements relating to waivers of certain domestic source
limitations relating to specialty metals.
Sec. 885. Telephone services for military personnel serving in combat
zones.
Sec. 886. Enhanced authority to acquire products and services produced
in Iraq and Afghanistan.
Sec. 887. Defense Science Board review of Department of Defense policies
and procedures for the acquisition of information technology.
Sec. 888. Green procurement policy.
Sec. 889. Comptroller General review of use of authority under the
Defense Production Act of 1950.
Sec. 890. Prevention of export control violations.
Sec. 891. Procurement goal for Native Hawaiian-serving institutions and
Alaska Native-serving institutions.
Sec. 892. Competition for procurement of small arms supplied to Iraq and
Afghanistan.
SEC. 800. SHORT TITLE.
This title may be cited as the ``Acquisition Improvement
and Accountability Act of 2007''.
Subtitle A--Acquisition Policy and Management
SEC. 801. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF THE
DEPARTMENT OF DEFENSE BY CERTAIN NON-DEFENSE
AGENCIES.
(a) Inspectors General Reviews and Determinations.--
(1) In general.--For each covered non-defense
agency, the Inspector General of the Department of
Defense and the Inspector General of such covered non-
defense agency shall, not later than the date specified
in paragraph (2), jointly--
(A) review--
(i) the procurement policies,
procedures, and internal controls of
such covered non-defense agency that
are applicable to the procurement of
property and services on behalf of the
Department by such covered non-defense
agency; and
(ii) the administration of such
policies, procedures, and internal
controls; and
(B) determine in writing whether such
covered non-defense agency is or is not
compliant with defense procurement
requirements.
(2) Deadline for reviews and determinations.--The
reviews and determinations required by paragraph (1)
shall take place as follows:
(A) In the case of the General Services
Administration, by not later than March 15,
2010.
(B) In the case of each of the Department
of the Treasury, the Department of the
Interior, and the National Aeronautics and
Space Administration, by not later than March
15, 2011.
(C) In the case of each of the Department
of Veterans Affairs and the National Institutes
of Health, by not later than March 15, 2012.
(3) Separate reviews and determinations.--The
Inspector General of the Department of Defense and the
Inspector General of a covered non-defense agency may
by joint agreement conduct separate reviews of the
procurement of property and services on behalf of the
Department of Defense that are conducted by separate
business units, or under separate government-wide
acquisition contracts, of the covered non-defense
agency. If such separate reviews are conducted, the
Inspectors General shall make a separate determination
under paragraph (1)(B) with respect to each such
separate review.
(4) Memoranda of understanding for reviews and
determinations.--Not later than one year before a
review and determination is required under this
subsection with respect to a covered non-defense
agency, the Inspector General of the Department of
Defense and the Inspector General of the covered non-
defense agency shall enter into a memorandum of
understanding with each other to carry out such review
and determination.
(5) Termination of non-compliance determination.--
If the Inspector General of the Department of Defense
and the Inspector General of a covered non-defense
agency determine, pursuant to paragraph (1)(B), that a
covered non-defense agency is not compliant with
defense procurement requirements, the Inspectors
General shall terminate such a determination effective
on the date on which the Inspectors General jointly--
(A) determine that the non-defense agency
is compliant with defense procurement
requirements; and
(B) notify the Secretary of Defense of that
determination.
(6) Resolution of disagreements.--If the Inspector
General of the Department of Defense and the Inspector
General of a covered non-defense agency are unable to
agree on a joint determination under this subsection, a
determination by the Inspector General of the
Department of Defense under this subsection shall be
conclusive for the purposes of this section.
(b) Limitation on Procurements on Behalf of Department of
Defense.--
(1) Except as provided in paragraph (2), an
acquisition official of the Department of Defense may
place an order, make a purchase, or otherwise procure
property or services for the Department of Defense in
excess of the simplified acquisition threshold through
a non-defense agency only if--
(A) in the case of a procurement by any
non-defense agency in any fiscal year, the head
of the non-defense agency has certified that
the non-defense agency will comply with defense
procurement requirements for the fiscal year;
(B) in the case of--
(i) a procurement by a covered non-
defense agency in a fiscal year for
which a memorandum of understanding is
required by subsection (a)(4), the
Inspector General of the Department of
Defense and the Inspector General of
the covered non-defense agency have
entered into such a memorandum of
understanding; or
(ii) a procurement by a covered
non-defense agency in a fiscal year
following the Inspectors General review
and determination required by
subsection (a), the Inspectors General
have determined that a covered non-
defense agency is compliant with
defense procurement requirements or
have terminated a prior determination
of non-compliance in accordance with
subsection (a)(5); and
(C) the procurement is not otherwise
prohibited by section 817 of the John Warner
National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364) or section 811
of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163).
(2) Exception for procurements of necessary
property and services.--
(A) In general.--The limitation in
paragraph (1) shall not apply to the
procurement of property and services on behalf
of the Department of Defense by a non-defense
agency during any fiscal year for which there
is in effect a written determination of the
Under Secretary of Defense for Acquisition,
Technology, and Logistics that it is necessary
in the interest of the Department of Defense to
procure property and services through the non-
defense agency during such fiscal year.
(B) Scope of particular exception.--A
written determination with respect to a non-
defense agency under subparagraph (A) shall
apply to any category of procurements through
the non-defense agency that is specified in the
determination.
(c) Guidance on Interagency Contracting.--
(1) Requirement.--Not later than 180 days after the
date of enactment of this Act, the Secretary of Defense
shall issue guidance on the use of interagency
contracting by the Department of Defense.
(2) Matters covered.--The guidance required by
paragraph (1) shall address the circumstances in which
it is appropriate for Department of Defense acquisition
officials to procure goods or services through a
contract entered into by an agency outside the
Department of Defense. At a minimum, the guidance shall
address--
(A) the circumstances in which it is
appropriate for such acquisition officials to
use direct acquisitions;
(B) the circumstances in which it is
appropriate for such acquisition officials to
use assisted acquisitions;
(C) the circumstances in which it is
appropriate for such acquisition officials to
use interagency contracting to acquire items
unique to the Department of Defense and the
procedures for approving such interagency
contracting;
(D) the circumstances in which it is
appropriate for such acquisition officials to
use interagency contracting to acquire items
that are already being provided under a
contract awarded by the Department of Defense;
(E) tools that should be used by such
acquisition officials to determine whether
items are already being provided under a
contract awarded by the Department of Defense;
and
(F) procedures for ensuring that defense
procurement requirements are identified and
communicated to outside agencies involved in
interagency contracting.
(d) Compliance With Defense Procurement 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.
(e) Treatment of Procurements for Fiscal Year Purposes.--
For the purposes of this section, a procurement shall be
treated as being made during a particular fiscal year to the
extent that funds are obligated by the Department of Defense
for the procurement in that fiscal year.
(f) Definitions.--In this section:
(1) Non-defense agency.--The term ``non-defense
agency'' means any department or agency of the Federal
Government other than the Department of Defense. Such
term includes a covered non-defense agency.
(2) Covered non-defense agency.--The term ``covered
non-defense agency'' means each of the following:
(A) The General Services Administration.
(B) The Department of the Treasury.
(C) The Department of the Interior.
(D) The National Aeronautics and Space
Administration.
(E) The Department of Veterans Affairs.
(F) The National Institutes of Health.
(3) Government-wide acquisition contract.--The term
``government-wide acquisition contract'' means a task
or delivery order contract that--
(A) is entered into by a non-defense
agency; and
(B) may be used as the contract under which
property or services are procured for one or
more other departments or agencies of the
Federal Government.
(4) Simplified acquisition threshold.--The term
``simplified acquisition threshold'' has the meaning
provided by section 2302(7) of title 10, United States
Code.
(5) Interagency contracting.--The term
``interagency contracting'' means the exercise of the
authority under section 1535 of title 31, United States
Code, or other statutory authority, for Federal
agencies to purchase goods and services under contracts
entered into or administered by other agencies.
(6) Acquisition official.--The term ``acquisition
official'', with respect to the Department of Defense,
means--
(A) a contracting officer of the Department
of Defense; or
(B) any other Department of Defense
official authorized to approve a direct
acquisition or an assisted acquisition on
behalf of the Department of Defense.
(7) Direct acquisition.--The term ``direct
acquisition'', with respect to the Department of
Defense, means the type of interagency contracting
through which the Department of Defense orders an item
or service from a government-wide acquisition contract
maintained by a non-defense agency.
(8) Assisted acquisition.--The term ``assisted
acquisition'', with respect to the Department of
Defense, means the type of interagency contracting
through which acquisition officials of a non-defense
agency award a contract or task or delivery order for
the procurement of goods or services on behalf of the
Department of Defense.
SEC. 802. LEAD SYSTEMS INTEGRATORS.
(a) Prohibitions on the Use of Lead Systems Integrators.--
(1) Prohibition on new lead systems integrators.--
Effective October 1, 2010, the Department of Defense
may not award a new contract for lead systems
integrator functions in the acquisition of a major
system to any entity that was not performing lead
systems integrator functions in the acquisition of the
major system prior to the date of the enactment of this
Act.
(2) Prohibition on lead systems integrators beyond
low-rate initial production.--Effective on the date of
the enactment of this Act, the Department of Defense
may award a new contract for lead systems integrator
functions in the acquisition of a major system only
if--
(A) the major system has not yet proceeded
beyond low-rate initial production; or
(B) the Secretary of Defense determines in
writing that it would not be practicable to
carry out the acquisition without continuing to
use a contractor to perform lead systems
integrator functions and that doing so is in
the best interest of the Department.
(3) Requirements relating to determinations.--A
determination under paragraph (2)(B)--
(A) shall specify the reasons why it would
not be practicable to carry out the acquisition
without continuing to use a contractor to
perform lead systems integrator functions
(including a discussion of alternatives, such
as the use of the Department of Defense
workforce, or a system engineering and
technical assistance contractor);
(B) shall include a plan for phasing out
the use of contracted lead systems integrator
functions over the shortest period of time
consistent with the interest of the national
defense;
(C) may not be delegated below the level of
the Under Secretary of Defense for Acquisition,
Technology, and Logistics; and
(D) shall be provided to the Committees on
Armed Services of the Senate and the House of
Representatives at least 45 days before the
award of a contract pursuant to the
determination.
(b) Acquisition Workforce.--
(1) Requirement.--The Secretary of Defense shall
ensure that the acquisition workforce is of the
appropriate size and skill level necessary--
(A) to accomplish inherently governmental
functions related to acquisition of major
systems; and
(B) to effectuate the purpose of subsection
(a) to minimize and eventually eliminate the
use of contractors to perform lead systems
integrator functions.
(2) Report.--The Secretary shall include an update
on the progress made in complying with paragraph (1) in
the annual report required by section 820 of the John
Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2330).
(c) Exception for Contracts for Other Management
Services.--The Department of Defense may continue to award
contracts for the procurement of services the primary purpose
of which is to perform acquisition support functions with
respect to the development or production of a major system, if
the following conditions are met with respect to each such
contract:
(1) The contract prohibits the contractor from
performing inherently governmental functions.
(2) The Department of Defense organization
responsible for the development or production of the
major system ensures that Federal employees are
responsible for--
(A) determining courses of action to be
taken in the best interest of the government;
and
(B) determining best technical performance
for the warfighter.
(3) The contract requires that the prime contractor
for the contract may not advise or recommend the award
of a contract or subcontract for the development or
production of the major system to an entity owned in
whole or in part by the prime contractor.
(d) Definitions.--In this section:
(1) Lead systems integrator.--The term ``lead
systems integrator'' means--
(A) a prime contractor for the development
or production of a major system, if the prime
contractor is not expected at the time of award
to perform a substantial portion of the work on
the system and the major subsystems; or
(B) a prime contractor under a contract for
the procurement of services the primary purpose
of which is to perform acquisition functions
closely associated with inherently governmental
functions with respect to the development or
production of a major system.
(2) Major system.--The term ``major system'' has
the meaning given such term in section 2302d of title
10, United States Code.
(3) Low-rate initial production.--The term ``low-
rate initial production'' has the meaning given such
term in section 2400 of title 10, United States Code.
SEC. 803. REINVESTMENT IN DOMESTIC SOURCES OF STRATEGIC MATERIALS.
(a) Assessment Required.--Not later than 180 days after the
date of the enactment of this Act, the Strategic Materials
Protection Board established pursuant to section 187 of title
10, United States Code, shall perform an assessment of the
extent to which domestic producers of strategic materials are
investing and planning to invest on a sustained basis in the
processes, infrastructure, workforce training, and facilities
required for the continued domestic production of such
materials to meet national defense requirements.
(b) Cooperation of Domestic Producers.--The Department of
Defense may take into consideration the degree of cooperation
of any domestic producer of strategic materials with the
assessment conducted under subsection (a) when determining how
much weight to accord any comments provided by such domestic
producer regarding a proposed waiver of domestic source
limitations pursuant to section 2533b of title 10, United
States Code.
(c) Report to Congressional Defense Committees.--The Board
shall include the findings and recommendations of the
assessment required by subsection (a) in the first report
submitted to Congress pursuant to section 187(d) of title 10,
United States Code, after the completion of such assessment.
(d) Definition.--The term ``strategic material'' means--
(1) a material designated as critical to national
security by the Strategic Materials Protection Board in
accordance with section 187 of title 10, United States
Code; or
(2) a specialty metal as defined by section 2533b
of title 10, United States Code.
SEC. 804. CLARIFICATION OF THE PROTECTION OF STRATEGIC MATERIALS
CRITICAL TO NATIONAL SECURITY.
(a) Prohibition.--Subsection (a) of section 2533b of title
10, United States Code, is amended--
(1) by striking ``Except as provided in subsections
(b) through (j), funds appropriated or otherwise
available to the Department of Defense may not be used
for the procurement of--'' and inserting ``Except as
provided in subsections (b) through (m), the
acquisition by the Department of Defense of the
following items is prohibited:'';
(2) in paragraph (1)--
(A) by striking ``the following'' and
inserting ``The following''; and
(B) by striking ``; or'' and inserting a
period; and
(3) in paragraph (2), by striking ``a speciality''
and inserting ``A specialty''.
(b) Applicability to Acquisition of Commercial Items.--
Subsection (h) of such section is amended to read as follows:
``(h) Applicability to Acquisitions of Commercial Items.--
(1) Except as provided in paragraphs (2) and (3), this section
applies to acquisitions of commercial items, notwithstanding
sections 34 and 35 of the Office of Federal Procurement Policy
Act (41 U.S.C. 430 and 431).
``(2) This section does not apply to contracts or
subcontracts for the acquisition of commercially available off-
the-shelf items, as defined in section 35(c) of the Office of
Federal Procurement Policy Act (41 U.S.C. 431(c)), other than--
``(A) contracts or subcontracts for the acquisition
of specialty metals, including mill products, such as
bar, billet, slab, wire, plate and sheet, that have not
been incorporated into end items, subsystems,
assemblies, or components;
``(B) contracts or subcontracts for the acquisition
of forgings or castings of specialty metals, unless
such forgings or castings are incorporated into
commercially available off-the-shelf end items,
subsystems, or assemblies;
``(C) contracts or subcontracts for commercially
available high performance magnets unless such high
performance magnets are incorporated into commercially
available off the shelf end items or subsystems; and
``(D) contracts or subcontracts for commercially
available off-the-shelf fasteners, unless such
fasteners are--
``(i) incorporated into commercially
available off-the-shelf end items, subsystems,
assemblies, or components; or
``(ii) purchased as provided in paragraph
(3).
``(3) This section does not apply to fasteners that are
commercial items that are purchased under a contract or
subcontract with a manufacturer of such fasteners, if the
manufacturer has certified that it will purchase, during the
relevant calendar year, an amount of domestically melted
specialty metal, in the required form, for use in the
production of such fasteners for sale to the Department of
Defense and other customers, that is not less than 50 percent
of the total amount of the specialty metal that it will
purchase to carry out the production of such fasteners.''.
(c) Electronic Components.--Subsection (g) of such section
is amended by striking ``commercially available'' and all that
follows through the end of the subsection and inserting
``electronic components, unless the Secretary of Defense, upon
the recommendation of the Strategic Materials Protection Board
pursuant to section 187 of this title, determines that the
domestic availability of a particular electronic component is
critical to national security.''.
(d) Additional Exceptions.--Section 2533b of title 10,
United States Code, as amended by subsections (a), (b), and
(c), is further amended--
(1) by redesignating subsections (i) and (j) as
subsections (l) and (m), respectively; and
(2) by inserting after subsection (h) the following
new subsections:
``(i) Exceptions for Purchases of Specialty Metals Below
Minimum Threshold.--(1) Notwithstanding subsection (a), the
Secretary of Defense or the Secretary of a military department
may accept delivery of an item containing specialty metals that
were not melted in the United States if the total amount of
noncompliant specialty metals in the item does not exceed 2
percent of the total weight of specialty metals in the item.
``(2) This subsection does not apply to high performance
magnets.
``(j) Streamlined Compliance for Commercial Derivative
Military Articles.--(1) Subsection (a) shall not apply to an
item acquired under a prime contract if the Secretary of
Defense or the Secretary of a military department determines
that--
``(A) the item is a commercial derivative military
article; and
``(B) the contractor certifies that the contractor
and its subcontractors have entered into a contractual
agreement, or agreements, to purchase an amount of
domestically melted specialty metal in the required
form, for use during the period of contract performance
in the production of the commercial derivative military
article and the related commercial article, that is not
less than the greater of--
``(i) an amount equivalent to 120 percent
of the amount of specialty metal that is
required to carry out the production of the
commercial derivative military article
(including the work performed under each
subcontract); or
``(ii) an amount equivalent to 50 percent
of the amount of specialty metal that is
purchased by the contractor and its
subcontractors for use during such period in
the production of the commercial derivative
military article and the related commercial
article.
``(2) For the purposes of this subsection, the amount of
specialty metal that is required to carry out the production of
the commercial derivative military article includes specialty
metal contained in any item, including commercially available
off-the-shelf items, incorporated into such commercial
derivative military article.
``(k) National Security Waiver.--(1) Notwithstanding
subsection (a), the Secretary of Defense may accept the
delivery of an end item containing noncompliant materials if
the Secretary determines in writing that acceptance of such end
item is necessary to the national security interests of the
United States.
``(2) A written determination under paragraph (1)--
``(A) may not be delegated below the level of the
Deputy Secretary of Defense or the Under Secretary of
Defense for Acquisition, Technology, and Logistics;
``(B) shall specify the quantity of end items to
which the waiver applies and the time period over which
the waiver applies; and
``(C) shall be provided to the congressional
defense committees prior to making such a determination
(except that in the case of an urgent national security
requirement, such certification may be provided to the
defense committees up to 7 days after it is made).
``(3)(A) In any case in which the Secretary makes a
determination under paragraph (1), the Secretary shall
determine whether or not the noncompliance was knowing and
willful.
``(B) If the Secretary determines that the noncompliance
was not knowing or willful, the Secretary shall ensure that the
contractor or subcontractor responsible for the noncompliance
develops and implements an effective plan to ensure future
compliance.
``(C) If the Secretary determines that the noncompliance
was knowing or willful, the Secretary shall--
``(i) require the development and implementation of
a plan to ensure future compliance; and
``(ii) consider suspending or debarring the
contractor or subcontractor until such time as the
contractor or subcontractor has effectively addressed
the issues that lead to such noncompliance.''.
(e) Additional Definitions.--Subsection (m) of section
2533b of title 10, United States Code, as redesignated by
subsection (c), is further amended by adding at the end the
following:
``(3) The term `acquisition' has the meaning
provided in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403).
``(4) The term `required form' shall not apply to
end items or to their components at any tier. The term
`required form' means in the form of mill product, such
as bar, billet, wire, slab, plate or sheet, and in the
grade appropriate for the production of--
``(A) a finished end item delivered to the
Department of Defense; or
``(B) a finished component assembled into
an end item delivered to the Department of
Defense.
``(5) The term `commercially available off-the-
shelf', has the meaning provided in section 35(c) of
the Office of Federal Procurement Policy Act (41 U.S.C.
431(c)).
``(6) The term `assemblies' means items forming a
portion of a system or subsystem that can be
provisioned and replaced as an entity and which
incorporates multiple, replaceable parts.
``(7) The term `commercial derivative military
article' means an item procured by the Department of
Defense that is or will be produced using the same
production facilities, a common supply chain, and the
same or similar production processes that are used for
the production of articles predominantly used by the
general public or by nongovernmental entities for
purposes other than governmental purposes.
``(8) The term `subsystem' means a functional
grouping of items that combine to perform a major
function within an end item, such as electrical power,
attitude control, and propulsion.
``(9) The term `end item' means the final
production product when assembled or completed, and
ready for issue, delivery, or deployment.
``(10) The term `subcontract' includes a
subcontract at any tier.''.
(f) Conforming Amendments.--Section 2533b of title 10,
United States Code, is further amended--
(1) in subsection (c)--
(A) in the heading, by striking
``Procurements'' and inserting
``Acquisitions''; and
(B) in paragraphs (1) and (2), by striking
``Procurements'' and inserting
``Acquisitions'';
(2) in subsection (d), by striking ``procurement''
each place it appears and inserting ``acquisition'';
and
(3) in subsections (f) and (g), by striking
``procurements'' each place it appears and inserting
``acquisitions''.
(g) Implementation.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall
prescribe regulations on the implementation of this section and
the amendments made by this section, including specific
guidance on how thresholds established in subsections (h)(3),
(i) and (j) of section 2533b of title 10, United States Code,
as amended by this section, should be implemented.
(h) Revision of Domestic Nonavailability Determinations and
Rules.--No later than 180 days after the date of the enactment
of this Act, any domestic nonavailability determination under
section 2533b of title 10, United States Code, including a
class deviation, or rules made by the Department of Defense
between December 6, 2006, and the date of the enactment of this
Act, shall be reviewed and amended, as necessary, to comply
with the amendments made by this section. This requirement
shall not apply to a domestic nonavailability determination
that applies to--
(1) an individual contract that was entered into
before the date of the enactment of this Act; or
(2) an individual Department of Defense program,
except to the extent that such domestic nonavailability
determination applies to contracts entered into after
the date of the enactment of this Act.
(i) Transparency Requirement for Commercially Available
Off-the-Shelf Item Exception.--The Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives, not later than December 30, 2008, a
report on the use of authority provided under subsection (h) of
section 2533b of title 10, United States Code, as amended by
this section. Such report shall include, at a minimum, a
description of types of items being procured as commercially
available off-the-shelf items under such subsection and
incorporated into noncommercial items. The Secretary shall
submit an update of such report to such committees not later
than December 30, 2009.
SEC. 805. PROCUREMENT OF COMMERCIAL SERVICES.
(a) Regulations Required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall modify the regulations of the Department of Defense for
the procurement of commercial services for or on behalf of the
Department of Defense.
(b) Applicability of Commercial Procedures.--
(1) Services of a type sold in marketplace.--The
regulations modified pursuant to subsection (a) shall
ensure that services that are not offered and sold
competitively in substantial quantities in the
commercial marketplace, but are of a type offered and
sold competitively in substantial quantities in the
commercial marketplace, may be treated as commercial
items for purposes of section 2306a of title 10, United
States Code (relating to truth in negotiations), only
if the contracting officer determines in writing that
the offeror has submitted sufficient information to
evaluate, through price analysis, the reasonableness of
the price for such services.
(2) Information submitted.--To the extent necessary
to make a determination under paragraph (1), the
contracting officer may request the offeror to submit--
(A) prices paid for the same or similar
commercial items under comparable terms and
conditions by both government and commercial
customers; and
(B) if the contracting officer determines
that the information described in subparagraph
(A) is not sufficient to determine the
reasonableness of price, other relevant
information regarding the basis for price or
cost, including information on labor costs,
material costs, and overhead rates.
(c) Time-and-Materials Contracts.--
(1) Commercial item acquisitions.--The regulations
modified pursuant to subsection (a) shall ensure that
procedures applicable to time-and-materials contracts
and labor-hour contracts for commercial item
acquisitions may be used only for the following:
(A) Services procured for support of a
commercial item, as described in section
4(12)(E) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(12)(E)).
(B) Emergency repair services.
(C) Any other commercial services only to
the extent that the head of the agency
concerned approves a determination in writing
by the contracting officer that--
(i) the services to be acquired are
commercial services as defined in
section 4(12)(F) of the Office of
Federal Procurement Policy Act (41
U.S.C. 403(12)(F));
(ii) if the services to be acquired
are subject to subsection (b), the
offeror of the services has submitted
sufficient information in accordance
with that subsection;
(iii) such services are commonly
sold to the general public through use
of time-and-materials or labor-hour
contracts; and
(iv) the use of a time-and-
materials or labor-hour contract type
is in the best interest of the
Government.
(2) Non-commercial item acquisitions.--Nothing in
this subsection shall be construed to preclude the use
of procedures applicable to time-and-materials
contracts and labor-hour contracts for non-commercial
item acquisitions for the acquisition of any category
of services.
SEC. 806. SPECIFICATION OF AMOUNTS REQUESTED FOR PROCUREMENT OF
CONTRACT SERVICES.
(a) Specification of Amounts Requested.--The budget
justification materials submitted to Congress in support of the
budget of the Department of Defense for any fiscal year after
fiscal year 2009 shall identify clearly and separately the
amounts requested in each budget account for the procurement of
contract services.
(b) Information Provided.--For each budget account, the
materials submitted shall clearly identify--
(1) the amount requested for each Department of
Defense component, installation, or activity; and
(2) the amount requested for each type of service
to be provided.
(c) Contract Services Defined.--In this section, the term
``contract services''--
(1) means services from contractors; but
(2) excludes services relating to research and
development and services relating to military
construction.
SEC. 807. INVENTORIES AND REVIEWS OF CONTRACTS FOR SERVICES.
(a) Inventory Requirement.--Section 2330a of title 10,
United States Code, is amended--
(1) by redesignating subsection (d) as subsection
(g);
(2) by striking subsection (c) and inserting the
following:
``(c) Inventory.--(1) Not later than the end of the third
quarter of each fiscal year, the Secretary of Defense shall
submit to Congress an annual inventory of the activities
performed during the preceding fiscal year pursuant to
contracts for services for or on behalf of the Department of
Defense. The entry for an activity on an inventory under this
subsection shall include, for the fiscal year covered by such
entry, the following:
``(A) The functions and missions performed by the
contractor.
``(B) The contracting organization, the component
of the Department of Defense administering the
contract, and the organization whose requirements are
being met through contractor performance of the
function.
``(C) The funding source for the contract under
which the function is performed by appropriation and
operating agency.
``(D) The fiscal year for which the activity first
appeared on an inventory under this section.
``(E) The number of full-time contractor employees
(or its equivalent) paid for the performance of the
activity.
``(F) A determination whether the contract pursuant
to which the activity is performed is a personal
services contract.
``(G) A summary of the data required to be
collected for the activity under subsection (a).
``(2) The inventory required under this subsection shall be
submitted in unclassified form, but may include a classified
annex.
``(d) Public Availability of Inventories.--Not later than
30 days after the date on which an inventory under subsection
(c) is required to be submitted to Congress, the Secretary
shall--
``(1) make the inventory available to the public;
and
``(2) publish in the Federal Register a notice that
the inventory is available to the public.
``(e) Review and Planning Requirements.--Within 90 days
after the date on which an inventory is submitted under
subsection (c), the Secretary of the military department or
head of the Defense Agency responsible for activities in the
inventory shall--
``(1) review the contracts and activities in the
inventory for which such Secretary or agency head is
responsible;
``(2) ensure that--
``(A) each contract on the list that is a
personal services contract has been entered
into, and is being performed, in accordance
with applicable statutory and regulatory
requirements;
``(B) the activities on the list do not
include any inherently governmental functions;
and
``(C) to the maximum extent practicable,
the activities on the list do not include any
functions closely associated with inherently
governmental functions;
``(3) identify activities that should be considered
for conversion--
``(A) to performance by civilian employees
of the Department of Defense pursuant to
section 2463 of this title; or
``(B) to an acquisition approach that would
be more advantageous to the Department of
Defense; and
``(4) develop a plan to provide for appropriate
consideration of the conversion of activities
identified under paragraph (3) within a reasonable
period of time.
``(f) Rule of Construction.--Nothing in this section shall
be construed to authorize the performance of personal services
by a contractor except where expressly authorized by a
provision of law other than this section.''; and
(3) by adding at the end of subsection (g) (as so
redesignated) the following new paragraphs:
``(3) Function closely associated with inherently
governmental functions.--The term `function closely
associated with inherently governmental functions' has
the meaning given that term in section 2383(b)(3) of
this title.
``(4) Inherently governmental functions.--The term
`inherently governmental functions' has the meaning
given that term in section 2383(b)(2) of this title.
``(5) Personal services contract.--The term
`personal services contract' means a contract under
which, as a result of its terms or conditions or the
manner of its administration during performance,
contractor personnel are subject to the relatively
continuous supervision and control of one or more
Government officers or employees, except that the
giving of 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.''.
(b) Effective Date.--
(1) The amendments made by subsection (a) shall be
effective upon the date of the enactment of this Act.
(2) The first inventory required by section
2330a(c) of title 10, United States Code, as added by
subsection (a), shall be submitted not later than the
end of the third quarter of fiscal year 2008.
SEC. 808. INDEPENDENT MANAGEMENT REVIEWS OF CONTRACTS FOR SERVICES.
(a) Guidance and Instructions.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall issue guidance, with detailed implementation
instructions, for the Department of Defense to provide for
periodic independent management reviews of contracts for
services. The independent management review guidance and
instructions issued pursuant to this subsection shall be
designed to evaluate, at a minimum--
(1) contract performance in terms of cost,
schedule, and requirements;
(2) the use of contracting mechanisms, including
the use of competition, the contract structure and
type, the definition of contract requirements, cost or
pricing methods, the award and negotiation of task
orders, and management and oversight mechanisms;
(3) the contractor's use, management, and oversight
of subcontractors;
(4) the staffing of contract management and
oversight functions; and
(5) the extent of any pass-throughs, and excessive
pass-through charges (as defined in section 852 of the
John Warner National Defense Authorization Act for
Fiscal Year 2007), by the contractor.
(b) Additional Subject of Review.--In addition to the
matters required by subsection (a), the guidance and
instructions issued pursuant to subsection (a) shall provide
for procedures for the periodic review of contracts under which
one contractor provides oversight for services performed by
other contractors. In particular, the procedures shall be
designed to evaluate, at a minimum--
(1) the extent of the agency's reliance on the
contractor to perform acquisition functions closely
associated with inherently governmental functions as
defined in section 2383(b)(3) of title 10, United
States Code; and
(2) the financial interest of any prime contractor
performing acquisition functions described in paragraph
(1) in any contract or subcontract with regard to which
the contractor provided advice or recommendations to
the agency.
(c) Elements.--The guidance and instructions issued
pursuant to subsection (a) shall address, at a minimum--
(1) the contracts subject to independent management
reviews, including any applicable thresholds and
exceptions;
(2) the frequency with which independent management
reviews shall be conducted;
(3) the composition of teams designated to perform
independent management reviews;
(4) any phase-in requirements needed to ensure that
qualified staff are available to perform independent
management reviews;
(5) procedures for tracking the implementation of
recommendations made by independent management review
teams; and
(6) procedures for developing and disseminating
lessons learned from independent management reviews.
(c) Reports.--
(1) Report on guidance and instruction.--Not later
than 270 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the
congressional defense committees a report setting forth
the guidance and instructions issued pursuant to
subsection (a).
(2) GAO report on implementation.--Not later than
two years after the date of the enactment of this Act,
the Comptroller General of the United States shall
submit to the congressional defense committees a report
on the implementation of the guidance and instructions
issued pursuant to subsection (a).
SEC. 809. IMPLEMENTATION AND ENFORCEMENT OF REQUIREMENTS APPLICABLE TO
UNDEFINITIZED CONTRACTUAL ACTIONS.
(a) Guidance and Instructions.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall issue guidance, with detailed implementation
instructions, for the Department of Defense to ensure the
implementation and enforcement of requirements applicable to
undefinitized contractual actions.
(b) Elements.--The guidance and instructions issued
pursuant to subsection (a) shall address, at a minimum--
(1) the circumstances in which it is, and is not,
appropriate for Department of Defense officials to use
undefinitized contractual actions;
(2) approval requirements (including thresholds)
for the use of undefinitized contractual actions;
(3) procedures for ensuring that timelines for the
definitization of undefinitized contractual actions are
met;
(4) procedures for ensuring compliance with
regulatory limitations on the obligation of funds
pursuant to undefinitized contractual actions;
(5) procedures for ensuring compliance with
regulatory limitations on profit or fee with respect to
costs incurred before the definitization of an
undefinitized contractual action; and
(6) reporting requirements for undefinitized
contractual actions that fail to meet required
timelines for definitization or fail to comply with
regulatory limitations on the obligation of funds or on
profit or fee.
(c) Reports.--
(1) Report on guidance and instructions.--Not later
than 210 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the
congressional defense committees a report setting forth
the guidance and instructions issued pursuant to
subsection (a).
(2) GAO report.--Not later than two years after the
date of the enactment of this Act, the Comptroller
General of the United States shall submit to the
congressional defense committees a report on the extent
to which the guidance and instructions issued pursuant
to subsection (a) have resulted in improvements to--
(A) the level of insight that senior
Department of Defense officials have into the
use of undefinitized contractual actions;
(B) the appropriate use of undefinitized
contractual actions;
(C) the timely definitization of
undefinitized contractual actions; and
(D) the negotiation of appropriate profits
and fees for undefinitized contractual actions.
SEC. 810. CLARIFICATION OF LIMITED ACQUISITION AUTHORITY FOR SPECIAL
OPERATIONS COMMAND.
Section 167(e)(4) of title 10, United States Code, is
amended--
(1) by redesignating subparagraph (C) as
subparagraph (D); and
(2) by inserting after subparagraph (B) the
following new subparagraph:
``(C)(i) The staff of the commander shall include a command
acquisition executive, who shall be responsible for the overall
supervision of acquisition matters for the special operations
command. The command acquisition executive shall have the
authority to--
``(I) negotiate memoranda of agreement with the
military departments to carry out the acquisition of
equipment, material, supplies, and services described
in subparagraph (A) on behalf of the command;
``(II) supervise the acquisition of equipment,
material, supplies, and services described in
subparagraph (A), regardless of whether such
acquisition is carried out by the command, or by a
military department pursuant to a delegation of
authority by the command;
``(III) represent the command in discussions with
the military departments regarding acquisition programs
for which the command is a customer; and
``(IV) work with the military departments to ensure
that the command is appropriately represented in any
joint working group or integrated product team
regarding acquisition programs for which the command is
a customer.
``(ii) The command acquisition executive of the special
operations command shall be included on the distribution list
for acquisition directives and instructions of the Department
of Defense.''.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
SEC. 811. REQUIREMENTS APPLICABLE TO MULTIYEAR CONTRACTS FOR THE
PROCUREMENT OF MAJOR SYSTEMS OF THE DEPARTMENT OF
DEFENSE.
(a) Additional Requirements Applicable to Multiyear
Contracts.--Section 2306b of title 10, United States Code, is
amended as follows:
(1) Subsection (a) of such section is amended by
adding at the end the following new paragraph:
``(7) In the case of a contract in an amount equal
to or greater than $500,000,000, that the conditions
required by subparagraphs (C) through (F) of paragraph
(1) of subsection (i) will be met, in accordance with
the Secretary's certification and determination under
such subsection, by such contract.''.
(2) Subsection (i)(1) of such section is amended by
inserting after ``unless'' the following: ``the
Secretary of Defense certifies in writing by no later
than March 1 of the year in which the Secretary
requests legislative authority to enter into such
contract that''.
(3) Subsection (i)(1) of such section is further
amended--
(A) by redesignating subparagraph (B) as
subparagraph (G); and
(B) by striking subparagraph (A) and
inserting the following:
``(A) The Secretary has determined that each of the
requirements in paragraphs (1) through (6) of
subsection (a) will be met by such contract and has
provided the basis for such determination to the
congressional defense committees.
``(B) The Secretary's determination under
subparagraph (A) was made after the completion of a
cost analysis performed by the Cost Analysis
Improvement Group of the Department of Defense and such
analysis supports the findings.
``(C) The system being acquired pursuant to such
contract has not been determined to have experienced
cost growth in excess of the critical cost growth
threshold pursuant to section 2433(d) of this title
within 5 years prior to the date the Secretary
anticipates such contract (or a contract for advance
procurement entered into consistent with the
authorization for such contract) will be awarded.
``(D) A sufficient number of end items of the
system being acquired under such contract have been
delivered at or within the most current estimates of
the program acquisition unit cost or procurement unit
cost for such system to determine that current
estimates of such unit costs are realistic.
``(E) During the fiscal year in which such contract
is to be awarded, sufficient funds will be available to
perform the contract in such fiscal year, and the
future-years defense program for such fiscal year will
include the funding required to execute the program
without cancellation.
``(F) The contract is a fixed price type
contract.''.
(4) Subsection (i) of such section is further
amended by adding at the end the following new
paragraphs:
``(5) The Secretary may make the certification under
paragraph (1) notwithstanding the fact that one or more of the
conditions of such certification are not met if the Secretary
determines that, due to exceptional circumstances, proceeding
with a multiyear contract under this section is in the best
interest of the Department of Defense and the Secretary
provides the basis for such determination with the
certification.
``(6) The Secretary of Defense may not delegate the
authority to make the certification under paragraph (1) or the
determination under paragraph (5) to an official below the
level of Under Secretary of Defense for Acquisition,
Technology, and Logistics.
``(7) The Secretary of Defense shall send a notification
containing the findings of the agency head under subsection
(a), and the basis for such findings, 30 days prior to the
award of a multiyear contract for a defense acquisition program
that has been specifically authorized by law.''.
(5) Such section is further amended by adding at
the end the following new subsection:
``(m) Increased Funding and Reprogramming Requests.--Any
request for increased funding for the procurement of a major
system under a multiyear contract authorized under this section
shall be accompanied by an explanation of how the request for
increased funding affects the determinations made by the
Secretary under subsection (i).''.
(b) Applicability.--The amendments made by this section
shall take effect on the date of the enactment of this Act and
shall apply with respect to multiyear contracts for the
purchase of major systems for which legislative authority is
requested on or after that date.
SEC. 812. CHANGES TO MILESTONE B CERTIFICATIONS.
Section 2366a of title 10, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Certification.--A major defense acquisition program
may not receive Milestone B approval, or Key Decision Point B
approval in the case of a space program, until the milestone
decision authority--
``(1) has received a business case analysis and
certifies on the basis of the analysis that--
``(A) the program is affordable when
considering the ability of the Department of
Defense to accomplish the program's mission
using alternative systems;
``(B) the program is affordable when
considering the per unit cost and the total
acquisition cost in the context of the total
resources available during the period covered
by the future-years defense program submitted
during the fiscal year in which the
certification is made;
``(C) reasonable cost and schedule
estimates have been developed to execute the
product development and production plan under
the program; and
``(D) funding is available to execute the
product development and production plan under
the program, through the period covered by the
future-years defense program submitted during
the fiscal year in which the certification is
made, consistent with the estimates described
in subparagraph (C) for the program; and
``(2) further certifies that--
``(A) appropriate market research has been
conducted prior to technology development to
reduce duplication of existing technology and
products;
``(B) the Department of Defense has
completed an analysis of alternatives with
respect to the program;
``(C) the Joint Requirements Oversight
Council has accomplished its duties with
respect to the program pursuant to section
181(b) of this title, including an analysis of
the operational requirements for the program;
``(D) the technology in the program has
been demonstrated in a relevant environment;
``(E) the program demonstrates a high
likelihood of accomplishing its intended
mission; and
``(F) the program complies with all
relevant policies, regulations, and directives
of the Department of Defense.'';
(2) by redesignating subsections (b), (c), (d), and
(e) as subsections (c), (d), (e), and (f),
respectively;
(3) by inserting after subsection (a) the following
new subsection (b):
``(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--
``(A) alter the substantive basis for the
certification of the milestone decision authority
relating to any component of such certification
specified in paragraph (1) or (2) of subsection (a); or
``(B) otherwise cause the program to deviate
significantly from the material provided to the
milestone decision authority in support of such
certification.
``(2) Upon receipt of information under paragraph (1), the
milestone decision authority may withdraw the certification
concerned or rescind Milestone B approval (or Key Decision
Point B approval in the case of a space program) if the
milestone decision authority determines that such certification
or approval is no longer valid.'';
(4) in subsection (c), as redesignated by paragraph
(1)--
(A) by inserting ``(1)'' before ``The
certification''; and
(B) by adding at the end the following new
paragraph (2):
``(2) A summary of any information provided to the
milestone decision authority pursuant to subsection (b) and a
description of the actions taken as a result of such
information shall be submitted with the first Selected
Acquisition Report submitted under section 2432 of this title
after receipt of such information by the milestone decision
authority.'';
(5) in subsection (d), as so redesignated--
(A) by striking ``authority may waive'' and
inserting the following: ``authority may, at
the time of Milestone B approval (or Key
Decision Point B approval in the case of a
space program) or at the time that such
milestone decision authority withdraws a
certification or rescinds Milestone B approval
(or Key Decision Point B approval in the case
of a space program) pursuant to subsection
(b)(2), waive''; and
(B) by striking ``paragraph (1), (2), (3),
(4), (5), (6), (7), (8), or (9)'' and inserting
``paragraph (1) or (2)''; and
(6) in subsection (e), as so redesignated, by
striking ``subsection (c)'' and inserting ``subsection
(d)''.
SEC. 813. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE
ORGANIZATION AND STRUCTURE FOR MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Report Required.--Not later than one year after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the congressional defense
committees a report on potential modifications of the
organization and structure of the Department of Defense for
major defense acquisition programs.
(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:
(1) Revising the acquisition process for major
defense acquisition programs by establishing shorter,
more frequent acquisition program milestones.
(2) Requiring certifications of program status to
the defense acquisition executive and Congress prior to
milestone approval for major defense acquisition
programs.
(3) Establishing a new office (to be known as the
``Office of Independent Assessment'') to provide
independent cost estimates and performance estimates
for major defense acquisition programs.
(4) Requiring the milestone decision authority for
a major defense acquisition program to specify, at the
time of Milestone B approval, or Key Decision Point B
approval, as applicable, the period of time that will
be required to deliver an initial operational
capability to the relevant combatant commanders.
(5) Establishing a materiel solutions process for
addressing identified gaps in critical warfighting
capabilities, under which process the Under Secretary
of Defense for Acquisition, Technology, and Logistics
circulates among the military departments and
appropriate Defense Agencies a request for proposals
for technologies and systems to address such gaps.
(6) Modifying the role played by chiefs of staff of
the Armed Forces in the requirements, resource
allocation, and acquisition processes.
(7) Establishing a process in which the commanders
of combatant commands assess, and provide input on, the
capabilities needed to successfully accomplish the
missions in the operational and contingency plans of
their commands over a long-term planning horizon of 15
years or more, taking into account expected changes in
threats, the geo-political environment, and doctrine,
training, and operational concepts.
(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:
(1) Senior acquisition officials currently serving
in the Department of Defense.
(2) Senior military officers involved in setting
requirements for the joint staff, the Armed Forces, and
the combatant commands currently serving in the
Department of Defense.
(3) Individuals who formerly served as senior
acquisition officials in the Department of Defense.
(4) Participants in previous reviews of the
organization and structure of the Department of Defense
for the acquisition of major weapon systems, including
the President's Blue Ribbon Commission on Defense
Management in 1986.
(5) Other experts on the acquisition of major
weapon systems.
(6) Appropriate experts in the Government
Accountability Office.
SEC. 814. CLARIFICATION OF SUBMISSION OF COST OR PRICING DATA ON
NONCOMMERCIAL MODIFICATIONS OF COMMERCIAL ITEMS.
(a) Measurement of Percentage at Contract Award.--Section
2306a(b)(3)(A) of title 10, United States Code, is amended by
inserting after ``total price of the contract'' the following:
``(at the time of contract award)''.
(b) Harmonization of Thresholds for Cost or Pricing Data.--
Section 2306a(b)(3)(A) of title 10, United States Code, is
amended by striking ``$500,000'' and inserting ``the amount
specified in subsection (a)(1)(A)(i), as adjusted from time to
time under subsection (a)(7),''.
SEC. 815. CLARIFICATION OF RULES REGARDING THE PROCUREMENT OF
COMMERCIAL ITEMS.
(a) Treatment of Subsystems, Components, and Spare Parts as
Commercial Items.--
(1) In general.--Section 2379 of title 10, United
States Code, is amended--
(A) in subsection (a)--
(i) by redesignating paragraph (2)
as paragraph (3);
(ii) in paragraph (1)(B), by
striking ``and'' at the end; and
(iii) by inserting after paragraph
(1), the following:
``(2) the offeror has submitted sufficient
information to evaluate, through price analysis, the
reasonableness of the price for such system; and'';
(B) by striking subsection (b) and
inserting the following new subsection (b):
``(b) Treatment of Subsystems as Commercial Items.--A
subsystem of a major weapon system (other than a commercially
available off-the-shelf item as defined in section 35(c) of the
Office of Federal Procurement Policy Act (41 U.S.C. 431(c)))
shall be treated as a commercial item and purchased under
procedures established for the procurement of commercial items
only if--
``(1) the subsystem is intended for a major weapon
system that is being purchased, or has been purchased,
under procedures established for the procurement of
commercial items in accordance with the requirements of
subsection (a); or
``(2) the contracting officer determines in writing
that--
``(A) the subsystem is a commercial item,
as defined in section 4(12) of the Office of
Federal Procurement Policy Act (41 U.S.C.
403(12)); and
``(B) the offeror has submitted sufficient
information to evaluate, through price
analysis, the reasonableness of the price for
such subsystem.'';
(C) by redesignating subsections (c) and
(d) as subsections (e) and (f), respectively;
and
(D) by inserting after subsection (b) the
following new subsections (c) and (d):
``(c) Treatment of Components and Spare Parts as Commercial
Items.--(1) A component or spare part for a major weapon system
(other than a commercially available off-the-shelf item as
defined in section 35(c) of the Office of Federal Procurement
Policy Act (41 U.S.C. 431(c))) may be treated as a commercial
item for the purposes of section 2306a of this title only if--
``(A) the component or spare part is intended for--
``(i) a major weapon system that is being
purchased, or has been purchased, under
procedures established for the procurement of
commercial items in accordance with the
requirements of subsection (a); or
``(ii) a subsystem of a major weapon system
that is being purchased, or has been purchased,
under procedures established for the
procurement of commercial items in accordance
with the requirements of subsection (b); or
``(B) the contracting officer determines in writing
that--
``(i) the component or spare part is a
commercial item, as defined in section 4(12) of
the Office of Federal Procurement Policy Act
(41 U.S.C. 403(12)); and
``(ii) the offeror has submitted sufficient
information to evaluate, through price
analysis, the reasonableness of the price for
such component or spare part.
``(2) This subsection shall apply only to components and
spare parts that are acquired by the Department of Defense
through a prime contract or a modification to a prime contract
(or through a subcontract under a prime contract or
modification to a prime contract on which the prime contractor
adds no, or negligible, value).
``(d) Information Submitted.--To the extent necessary to
make a determination under subsection (a)(2), (b)(2), or
(c)(1)(B), the contracting officer may request the offeror to
submit--
``(1) prices paid for the same or similar
commercial items under comparable terms and conditions
by both government and commercial customers; and
``(2) if the contracting officer determines that
the information described in paragraph (1) is not
sufficient to determine the reasonableness of price,
other relevant information regarding the basis for
price or cost, including information on labor costs,
material costs, and overhead rates.''.
(2) Conforming amendment to technical data
provision.--Section 2321(f)(2) of such title is amended
by striking ``(whether or not under a contract for
commercial items)'' and inserting ``(other than
technical data for a commercially available off-the-
shelf item as defined in section 35(c) of the Office of
Federal Procurement Policy Act (41 U.S.C. 431(c)))''.
(b) Sales of Commercial Items to Nongovernmental
Entities.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall modify
the regulations of the Department of Defense on the procurement
of commercial items in order to clarify that the terms
``general public'' and ``nongovernmental entities'' in such
regulations do not include the Federal Government or a State,
local, or foreign government.
SEC. 816. REVIEW OF SYSTEMIC DEFICIENCIES ON MAJOR DEFENSE ACQUISITION
PROGRAMS.
(a) Annual Review.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall conduct an annual
review of systemic deficiencies in the major defense
acquisition programs of the Department of Defense for each
fiscal year in which three or more major defense acquisition
programs--
(1) experience a critical cost growth threshold
breach;
(2) have a section 2366a certification withdrawn;
or
(3) have a Milestone A approval or Key Decision
Point A approval rescinded, by the milestone decision
authority under subsection (b) of section 2366b of
title 10, United States Code, as added by section 943
of this Act.
(b) Content of Review.--The review conducted under
subsection (a) shall--
(1) identify common factors, including any systemic
deficiencies in the budget, requirements, and
acquisition policies and practices, that may have
contributed to problems with major defense acquisition
programs covered by the criteria in subsection (a);
(2) assess the adequacy of corrective actions taken
or to be taken to address cost growth or other
performance deficiencies in programs covered by the
criteria in subsection (a); and
(3) make recommendations for any changes in budget,
requirements, and acquisition policies and practices
that may be appropriate to avoid similar problems with
major defense acquisition programs in the future.
(c) Definitions.--In this section:
(1) Critical cost growth threshold breach.--The
term ``critical cost growth threshold breach'' means a
determination under section 2433(d) of title 10, United
States Code, by the Secretary of a military department
with respect to a major defense acquisition program
that the program acquisition unit cost has increased by
a percentage equal to or greater than the critical cost
growth threshold or that the procurement unit cost has
increased by a percentage equal to or greater than the
critical cost growth threshold.
(2) Section 2366a certification.--The term
``section 2366a certification'' means a certification
with respect to a major defense acquisition program
under section 2366a(a) of title 10, United States Code,
by the milestone decision authority.
(d) Report.--Not later than July 15, 2008, and not later
than August 15 of each year from 2009 through 2012, the
Secretary of Defense shall submit to the congressional defense
committees a report on the results of the annual review
conducted (if any) for the preceding fiscal year under
subsection (a).
(e) Sunset.--The requirement to conduct an annual review
under subsection (a) shall terminate on September 30, 2012.
SEC. 817. INVESTMENT STRATEGY FOR MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) Report Required.--Not later than May 1, 2008, the
Secretary of Defense shall submit to the congressional defense
committees a report on the strategies of the Department of
Defense for balancing the allocation of funds and other
resources among major defense acquisition programs.
(b) Elements.--The report required by subsection (a) shall
address, at a minimum, the ability of the organizations,
policies, and procedures of the Department of Defense to
provide for--
(1) establishing priorities among needed
capabilities under major defense acquisition programs,
and assessing the resources (including funds,
technologies, time, and personnel) needed to achieve
such capabilities;
(2) balancing the cost, schedule, and requirements
of major defense acquisition programs, including those
within the same functional or mission area, to ensure
the most efficient use of resources; and
(3) ensuring that the budget, requirements, and
acquisition processes of the Department of Defense work
in a complementary manner to achieve desired results.
(c) Role of Tri-Chair Committee in Resource Allocation.--
(1) In general.--The report required by subsection
(a) shall also address the role of the committee
described in paragraph (2) in the resource allocation
process for major defense acquisition programs.
(2) Committee.--The committee described in this
paragraph is a committee (to be known as the ``Tri-
Chair Committee'') composed of the following:
(A) The Under Secretary of Defense for
Acquisition, Technology, and Logistics, who is
one of the chairs of the committee.
(B) The Vice Chairman of the Joint Chiefs
of Staff, who is one of the chairs of the
committee.
(C) The Director of Program Analysis and
Evaluation, who is one of the chairs of the
committee.
(D) Any other appropriate officials of the
Department of Defense, as jointly agreed upon
by the Under Secretary and the Vice Chairman.
(d) Changes in Law.--The report required by subsection (a)
shall, to the maximum extent practicable, include a discussion
of any changes in the budget, acquisition, and requirements
processes of the Department of Defense undertaken as a result
of changes in law pursuant to any section in this Act.
(e) Recommendations.--The report required by subsection (a)
shall include any recommendations, including recommendations
for legislative action, that the Secretary considers
appropriate to improve the organizations, policies, and
procedures described in the report.
SEC. 818. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS ON TOTAL
OWNERSHIP COST FOR MAJOR WEAPON SYSTEMS.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on the extent of the implementation of the recommendations set
forth in the February 2003 report of the Government
Accountability Office entitled ``Setting Requirements
Differently Could Reduce Weapon Systems' Total Ownership
Costs''.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) For each recommendation described in subsection
(a) that has been implemented, or that the Secretary
plans to implement--
(A) a summary of all actions that have been
taken to implement such recommendation; and
(B) a schedule, with specific milestones,
for completing the implementation of such
recommendation.
(2) For each recommendation that the Secretary has
not implemented and does not plan to implement--
(A) the reasons for the decision not to
implement such recommendation; and
(B) a summary of any alternative actions
the Secretary plans to take to address the
purposes underlying such recommendation.
(3) A summary of any additional actions the
Secretary has taken or plans to take to ensure that
total ownership cost is appropriately considered in the
requirements process for major weapon systems.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 821. PLAN FOR RESTRICTING GOVERNMENT-UNIQUE CONTRACT CLAUSES ON
COMMERCIAL CONTRACTS.
(a) Plan.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall develop and implement a plan to
minimize the number of government-unique contract clauses used
in commercial contracts by restricting the clauses to the
following:
(1) Government-unique clauses authorized by law or
regulation.
(2) Any additional clauses that are relevant and
necessary to a specific contract.
(b) Commercial Contract.--In this section:
(1) The term ``commercial contract'' means a
contract awarded by the Federal Government for the
procurement of a commercial item.
(2) The term ``commercial item'' has the meaning
provided by section 4(12) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(12)).
SEC. 822. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED ACQUISITION
PROCEDURES FOR CERTAIN COMMERCIAL ITEMS.
(a) Extension.--Section 4202(e) of the Clinger-Cohen Act of
1996 (division D of Public Law 104-106; 110 Stat. 652; 10
U.S.C. 2304 note) is amended by striking ``January 1, 2008''
and inserting ``January 1, 2010''.
(b) Report.--Not later than March 1, 2008, the Under
Secretary of Defense for Acquisition, Technology, and Logistics
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the use by the
Department of Defense of the authority provided by section
4202(e) of the Clinger-Cohen Act of 1996 (10 U.S.C. 2304 note).
The report shall include, at a minimum, the following:
(1) Summary data on the use of the authority.
(2) Specific examples of the use of the authority.
(3) An evaluation of potential benefits and costs
of extending the authority after January 1, 2010.
SEC. 823. FIVE-YEAR EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN
PROTOTYPE PROJECTS.
Section 845(i) of the National Defense Authorization Act
for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended by
striking ``September 30, 2008'' and inserting ``September 30,
2013''.
SEC. 824. EXEMPTION OF SPECIAL OPERATIONS COMMAND FROM CERTAIN
REQUIREMENTS FOR CERTAIN CONTRACTS RELATING TO
VESSELS, AIRCRAFT, AND COMBAT VEHICLES.
Section 2401(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(5) In the case of a contract described in subsection
(a)(1)(B), the commander of the special operations command may
make a contract without regard to this subsection if--
``(A) funds are available and obligated for the
full cost of the contract (including termination costs)
on or before the date the contract is awarded;
``(B) the Secretary of Defense submits to the
congressional defense committees a certification that
there is no alternative for meeting urgent operational
requirements other than making the contract; and
``(C) a period of 30 days of continuous session of
Congress has expired following the date on which the
certification was received by such committees.''.
SEC. 825. PROVISION OF AUTHORITY TO MAINTAIN EQUIPMENT TO UNIFIED
COMBATANT COMMAND FOR JOINT WARFIGHTING.
(a) Authority.--Section 167a of title 10, United States
Code, is amended--
(1) in subsection (a), by striking ``and acquire''
and inserting ``, acquire, and maintain'';
(2) by redesignating subsection (f) as subsection
(g); and
(3) by inserting after subsection (e) the following
new subsection:
``(f) Limitation on Authority To Maintain Equipment.--The
authority delegated under subsection (a) to maintain equipment
is subject to the availability of funds authorized and
appropriated specifically for that purpose.''.
(b) Two-Year Extension.--Subsection (g) of such section, as
so redesignated, is amended--
(1) by striking ``through 2008'' and inserting
``through 2010''; and
(2) by striking ``September 30, 2008'' and
inserting ``September 30, 2010''.
SEC. 826. MARKET RESEARCH.
(a) Additional Requirements.--Subsection (c) of section
2377 of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``and'' at the end of
subparagraph (A);
(B) by striking the period at the end of
subparagraph (B) and inserting ``; and''; and
(C) by adding at the end the following:
``(C) before awarding a task order or
delivery order in excess of the simplified
acquisition threshold.''; and
(2) by adding at the end the following:
``(4) The head of an agency shall take appropriate steps to
ensure that any prime contractor of a contract (or task order
or delivery order) in an amount in excess of $5,000,000 for the
procurement of items other than commercial items engages in
such market research as may be necessary to carry out the
requirements of subsection (b)(2) before making purchases for
or on behalf of the Department of Defense.''.
(b) Requirement To Develop Training and Tools.--The
Secretary of Defense shall develop training to assist
contracting officers, and market research tools to assist such
officers and prime contractors, in performing appropriate
market research as required by subsection (c) of section 2377
of title 10, United States Code, as amended by this section.
SEC. 827. MODIFICATION OF COMPETITION REQUIREMENTS FOR PURCHASES FROM
FEDERAL PRISON INDUSTRIES.
(a) Modification of Competition Requirements.--
(1) In general.--Section 2410n of title 10, United
States Code, is amended by striking subsections (a) and
(b) and inserting the following new subsections (a) and
(b):
``(a) Products for Which Federal Prison Industries Does Not
Have Significant Market Share.--(1) Before purchasing a product
listed in the latest edition of the Federal Prison Industries
catalog under section 4124(d) of title 18 for which Federal
Prison Industries does not have a significant market share, the
Secretary of Defense shall conduct market research to determine
whether the product is comparable to products available from
the private sector that best meet the needs of the Department
in terms of price, quality, and time of delivery.
``(2) If the Secretary determines that a Federal Prison
Industries product described in paragraph (1) is not comparable
in price, quality, or time of delivery to products of the
private sector that best meets the needs of the Department in
terms of price, quality, and time of delivery, the Secretary
shall use competitive procedures for the procurement of the
product, or shall make an individual purchase under a multiple
award contract in accordance with the competition requirements
applicable to such contract. In conducting such a competition,
the Secretary shall consider a timely offer from Federal Prison
Industries.
``(b) Products for Which Federal Prison Industries Has
Significant Market Share.--(1) The Secretary of Defense may
purchase a product listed in the latest edition of the Federal
Prison Industries catalog for which Federal Prison Industries
has a 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.
``(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.''.
(2) Effective date.--The amendment made by
subsection (a) shall take effect 60 days after the date
of the enactment of this Act.
(b) List of Products for Which Federal Prison Industries
Has Significant Market Share.--
(1) Initial list.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of
Defense shall publish a list of product categories for
which Federal Prison Industries' share of the
Department of Defense market is greater than 5 percent,
based on the most recent fiscal year for which data is
available.
(2) Modification.--The Secretary may modify the
list 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.
(3) Consultation.--The Secretary shall carry out
this subsection in consultation with the Administrator
for Federal Procurement Policy.
SEC. 828. MULTIYEAR CONTRACT AUTHORITY FOR ELECTRICITY FROM RENEWABLE
ENERGY SOURCES.
(a) Multiyear Contract Authority.--Chapter 141 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2410q. Multiyear contracts: purchase of electricity from
renewable energy sources
``(a) Multiyear Contracts Authorized.--Subject to
subsection (b), the Secretary of Defense may enter into a
contract for a period not to exceed 10 years for the purchase
of electricity from sources of renewable energy, as that term
is defined in section 203(b)(2) of the Energy Policy Act of
2005 (42 U.S.C. 15852(b)(2)).
``(b) Limitations on Contracts for Periods in Excess of
Five Years.--The Secretary may exercise the authority in
subsection (a) to enter into a contract for a period in excess
of five years only if the Secretary determines, on the basis of
a business case analysis prepared by the Department of Defense,
that--
``(1) the proposed purchase of electricity under
such contract is cost effective for the Department of
Defense; and
``(2) it would not be possible to purchase
electricity from the source in an economical manner
without the use of a contract for a period in excess of
five years.
``(c) Relationship to Other Multiyear Contracting
Authority.--Nothing in this section shall be construed to
preclude the Department of Defense from using other multiyear
contracting authority of the Department to purchase renewable
energy.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 141 of such title is amended by adding at
the end the following new item:
``2410q. Multiyear contracts: purchase of electricity from renewable
energy sources.''.
SEC. 829. PROCUREMENT OF FIRE RESISTANT RAYON FIBER FOR THE PRODUCTION
OF UNIFORMS FROM FOREIGN SOURCES.
(a) Authority To Procure.--The Secretary of Defense may
procure fire resistant rayon fiber for the production of
uniforms that is manufactured in a foreign country referred to
in subsection (d) if the Secretary determines either of the
following:
(1) That fire resistant rayon fiber for the
production of uniforms is not available from sources
within the national technology and industrial base.
(2) That--
(A) procuring fire resistant rayon fiber
manufactured from suppliers within the national
technology and industrial base would result in
sole-source contracts or subcontracts for the
supply of fire resistant rayon fiber; and
(B) such sole-source contracts or
subcontracts would not be in the best interests
of the Government or consistent with the
objectives of section 2304 of title 10, United
States Code.
(b) Submission to Congress.--Not later than 30 days after
making a determination under subsection (a), the Secretary
shall submit to Congress a copy of the determination.
(c) Applicability to Subcontracts.--The authority under
subsection (a) applies with respect to subcontracts under
Department of Defense contracts as well as to such contracts.
(d) Foreign Countries Covered.--The authority under
subsection (a) applies with respect to a foreign country that--
(1) is a party to a defense memorandum of
understanding entered into under section 2531 of title
10, United States Code; and
(2) does not discriminate against defense items
produced in the United States to a greater degree than
the United States discriminates against defense items
produced in that country.
(e) National Technology and Industrial Base Defined.--In
this section, the term ``national technology and industrial
base'' has the meaning given that term in section 2500 of title
10, United States Code.
(f) Sunset.--The authority under subsection (a) shall
expire on the date that is five years after the date of the
enactment of this Act.
SEC. 830. COMPTROLLER GENERAL REVIEW OF NONCOMPETITIVE AWARDS OF
CONGRESSIONAL AND EXECUTIVE BRANCH INTEREST ITEMS.
Not later than one year after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to the congressional defense committees a report on the
use of procedures other than competitive procedures in the
award of contracts by the Department of Defense. The report
shall compare the procedures used by the Department of Defense
for the award of funds for new projects pursuant to
congressionally directed spending items, as defined in rule
XLIV of the Standing Rules of the Senate, or congressional
earmarks, as defined in rule XXI of the Rules of the House of
Representatives, with the procedures used by the Department of
Defense for the award of funds for new projects of special
interest to senior executive branch officials.
Subtitle D--Accountability in Contracting
SEC. 841. COMMISSION ON WARTIME CONTRACTING IN IRAQ AND AFGHANISTAN.
(a) Establishment.--There is hereby established a
commission to be known as the ``Commission on Wartime
Contracting'' (in this section referred to as the
``Commission'').
(b) Membership Matters.--
(1) Membership.--The Commission shall be composed
of 8 members, as follows:
(A) 2 members shall be appointed by the
majority leader of the Senate, in consultation
with the Chairmen of the Committee on Armed
Services, the Committee on Homeland Security
and Governmental Affairs, and the Committee on
Foreign Relations of the Senate.
(B) 2 members shall be appointed by the
Speaker of the House of Representatives, in
consultation with the Chairmen of the Committee
on Armed Services, the Committee on Oversight
and Government Reform, and the Committee on
Foreign Affairs of the House of
Representatives.
(C) 1 member shall be appointed by the
minority leader of the Senate, in consultation
with the Ranking Minority Members of the
Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, and
the Committee on Foreign Relations of the
Senate.
(D) 1 member shall be appointed by the
minority leader of the House of
Representatives, in consultation with the
Ranking Minority Member of the Committee on
Armed Services, the Committee on Oversight and
Government Reform, and the Committee on Foreign
Affairs of the House of Representatives.
(E) 2 members shall be appointed by the
President, in consultation with the Secretary
of Defense and the Secretary of State.
(2) Deadline for appointments.--All appointments to
the Commission shall be made not later than 120 days
after the date of the enactment of this Act.
(3) Co-chairmen.--The Commission shall have two co-
chairmen, including--
(A) a co-chairman who shall be a member of
the Commission jointly designated by the
Speaker of the House of Representatives and the
majority leader of the Senate; and
(B) a co-chairman who shall be a member of
the Commission jointly designated by the
minority leader of the House of Representatives
and the minority leader of the Senate.
(4) Vacancy.--In the event of a vacancy in a seat
on the Commission, the individual appointed to fill the
vacant seat shall be--
(A) appointed by the same officer (or the
officer's successor) who made the appointment
to the seat when the Commission was first
established; and
(B) if the officer in subparagraph (A) is
of a party other than the party of the officer
who made the appointment to the seat when the
Commission was first established, chosen in
consultation with the senior officers in the
Senate and the House of Representatives of the
party which is the party of the officer who
made the appointment to the seat when the
Commission was first established.
(c) Duties.--
(1) General duties.--The Commission shall study the
following matters:
(A) Federal agency contracting for the
reconstruction of Iraq and Afghanistan.
(B) Federal agency contracting for the
logistical support of coalition forces
operating in Iraq and Afghanistan.
(C) Federal agency contracting for the
performance of security functions in Iraq and
Afghanistan.
(2) Scope of contracting covered.--The Federal
agency contracting covered by this subsection includes
contracts entered into both in the United States and
abroad for the performance of activities described in
paragraph (1).
(3) Particular duties.--In carrying out the study
under this subsection, the Commission shall assess--
(A) the extent of the reliance of the
Federal Government on contractors to perform
functions (including security functions) in
Iraq and Afghanistan and the impact of this
reliance on the achievement of the objectives
of the United States;
(B) the performance exhibited by Federal
contractors for the contracts under review
pursuant to paragraph (1), and the mechanisms
used to evaluate contractor performance;
(C) the extent of waste, fraud, and abuse
under such contracts;
(D) the extent to which those responsible
for such waste, fraud, and abuse have been held
financially or legally accountable;
(E) the appropriateness of the
organizational structure, policies, practices,
and resources of the Department of Defense and
the Department of State for handling program
management and contracting for the programs and
contracts under review pursuant to paragraph
(1);
(F) the extent to which contractors under
such contracts have engaged in the misuse of
force or have used force in a manner
inconsistent with the objectives of the
operational field commander; and
(G) the extent of potential violations of
the laws of war, Federal law, or other
applicable legal standards by contractors under
such contracts.
(d) Reports.--
(1) Interim report.--On March 1, 2009, the
Commission shall submit to Congress an interim report
on the study carried out under subsection (c),
including the results and findings of the study as of
that date.
(2) Other reports.--The Commission may from time to
time submit to Congress such other reports on the study
carried out under subsection (c) as the Commission
considers appropriate.
(3) Final report.--Not later than two years after
the date of the appointment of all of the members of
the Commission under subsection (b), the Commission
shall submit to Congress a final report on the study
carried out under subsection (c). The report shall--
(A) include the findings of the Commission;
(B) identify lessons learned relating to
contingency program management and contingency
contracting covered by the study; and
(C) include specific recommendations for
improvements to be made in--
(i) the process for defining
requirements and developing statements
of work for contracts in contingency
contracting;
(ii) the process for awarding
contracts and task or delivery orders
in contingency contracting;
(iii) the process for contingency
program management;
(iv) the process for identifying,
addressing, and providing
accountability for waste, fraud, and
abuse in contingency contracting;
(v) the process for determining
which functions are inherently
governmental and which functions are
appropriate for performance by
contractors in a contingency operation
(including during combat operations),
especially whether providing security
in an area of combat operations is
inherently governmental;
(vi) the organizational structure,
resources, policies, and practices of
the Department of Defense and the
Department of State for performing
contingency program management; and
(vii) the process by which roles
and responsibilities with respect to
management and oversight of contracts
in contingency contracting are
distributed among the various
departments and agencies of the Federal
Government, and interagency
coordination and communication
mechanisms associated with contingency
contracting.
(e) Other Powers and Authorities.--
(1) Hearings and evidence.--The Commission or, on
the authority of the Commission, any portion thereof,
may, for the purpose of carrying out this section--
(A) hold such hearings and sit and act at
such times and places, take such testimony,
receive such evidence, administer such oaths
(provided that the quorum for a hearing shall
be three members of the Commission); and
(B) provide for the attendance and
testimony of such witnesses and the production
of such books, records, correspondence,
memoranda, papers, and documents;
as the Commission, or such portion thereof, may
determine advisable.
(2) Inability to obtain documents or testimony.--In
the event the Commission is unable to obtain testimony
or documents needed to conduct its work, the Commission
shall notify the committees of Congress of jurisdiction
and appropriate investigative authorities.
(3) Access to information.--The Commission may
secure directly from the Department of Defense and any
other department or agency of the Federal Government
any information or assistance that the Commission
considers necessary to enable the Commission to carry
out the requirements of this section. Upon request of
the Commission, the head of such department or agency
shall furnish such information expeditiously to the
Commission. Whenever information or assistance
requested by the Commission is unreasonably refused or
not provided, the Commission shall report the
circumstances to Congress without delay.
(4) Personnel.--The Commission shall have the
authorities provided in section 3161 of title 5, United
States Code, and shall be subject to the conditions set
forth in such section, except to the extent that such
conditions would be inconsistent with the requirements
of this section.
(5) Detailees.--Any employee of the Federal
Government may be detailed to the Commission without
reimbursement from the Commission, and such detailee
shall retain the rights, status, and privileges of his
or her regular employment without interruption.
(6) Security clearances.--The appropriate
departments or agencies of the Federal Government shall
cooperate with the Commission in expeditiously
providing to the Commission members and staff
appropriate security clearances to the extent possible
pursuant to existing procedures and requirements,
except that no person shall be provided with access to
classified information under this section without the
appropriate security clearances.
(7) Violations of law.--
(A) Referral to attorney general.--The
Commission may refer to the Attorney General
any violation or potential violation of law
identified by the Commission in carrying out
its duties under this section.
(B) Reports on results of referral.--The
Attorney General shall submit to Congress a
report on each prosecution, conviction,
resolution, or other disposition that results
from a referral made under this subparagraph.
(f) Termination.--The Commission shall terminate on the
date that is 60 days after the date of the submittal of its
final report under subsection (d)(3).
(g) Definitions.--In this section:
(1) Contingency contracting.--The term
``contingency contracting'' means all stages of the
process of acquiring property or services during a
contingency operation.
(2) Contingency operation.--The term ``contingency
operation'' has the meaning given that term in section
101 of title 10, United States Code.
(3) Contingency program management.--The term
``contingency program management'' means the process of
planning, organizing, staffing, controlling, and
leading the combined efforts of participating personnel
for the management of a specific acquisition program or
programs during contingency operations.
SEC. 842. INVESTIGATION OF WASTE, FRAUD, AND ABUSE IN WARTIME CONTRACTS
AND CONTRACTING PROCESSES IN IRAQ AND AFGHANISTAN.
(a) Audits Required.--Thorough audits shall be performed in
accordance with this section to identify potential waste,
fraud, and abuse in the performance of--
(1) Department of Defense contracts, subcontracts,
and task and delivery orders for the logistical support
of coalition forces in Iraq and Afghanistan; and
(2) Federal agency contracts, subcontracts, and
task and delivery orders for the performance of
security and reconstruction functions in Iraq and
Afghanistan.
(b) Audit Plans.--
(1) The Department of Defense Inspector General
shall develop a comprehensive plan for a series of
audits of contracts, subcontracts, and task and
delivery orders covered by subsection (a)(1),
consistent with the requirements of subsection (g), in
consultation with other Inspectors General specified in
subsection (c) with regard to any contracts,
subcontracts, or task or delivery orders over which
such Inspectors General have jurisdiction.
(2) The Special Inspector General for Iraq
Reconstruction shall develop a comprehensive plan for a
series of audits of contracts, subcontracts, and task
and delivery orders covered by subsection (a)(2)
relating to Iraq, consistent with the requirements of
subsection (h), in consultation with other Inspectors
General specified in subsection (c) with regard to any
contracts, subcontracts, or task or delivery orders
over which such Inspectors General have jurisdiction.
(3) The Special Inspector General for Afghanistan
Reconstruction shall develop a comprehensive plan for a
series of audits of contracts, subcontracts, and task
and delivery orders covered by subsection (a)(2)
relating to Afghanistan, consistent with the
requirements of subsection (h), in consultation with
other Inspectors General specified in subsection (c)
with regard to any contracts, subcontracts, or task or
delivery orders over which such Inspectors General have
jurisdiction.
(c) Performance of Audits by Certain Inspectors General.--
The Special Inspector General for Iraq Reconstruction, during
such period as such office exists, the Special Inspector
General for Afghanistan Reconstruction, during such period as
such office exists, the Inspector General of the Department of
Defense, the Inspector General of the Department of State, and
the Inspector General of the United States Agency for
International Development shall perform such audits as required
by subsection (a) and identified in the audit plans developed
pursuant to subsection (b) as fall within the respective scope
of their duties as specified in law.
(d) Coordination of Audits.--The Inspectors General
specified in subsection (c) shall work to coordinate the
performance of the audits required by subsection (a) and
identified in the audit plans developed under to subsection (b)
including through councils and working groups composed of such
Inspectors General.
(e) Joint Audits.--If one or more audits required by
subsection (a) and identified in an audit plan developed under
subsection (b) falls within the scope of the duties of more
than one of the Inspectors General specified in subsection (c),
and such Inspectors General agree that such audit or audits are
best pursued jointly, such Inspectors General shall enter into
a memorandum of understanding relating to the performance of
such audit or audits.
(f) Separate Audits.--If one or more audits required by
subsection (a) and identified in an audit plan developed under
subsection (b) falls within the scope of the duties of more
than one of the Inspectors General specified in subsection (c),
and such Inspectors General do not agree that such audit or
audits are best pursued jointly, such audit or audits shall be
separately performed by one or more of the Inspectors General
concerned.
(g) Scope of Audits of Contracts.--Audits conducted
pursuant to subsection (a)(1) shall examine, at a minimum, one
or more of the following issues:
(1) The manner in which contract requirements were
developed.
(2) The procedures under which contracts or task or
delivery orders were awarded.
(3) The terms and conditions of contracts or task
or delivery orders.
(4) The staffing and method of performance of
contractors, including cost controls.
(5) The efficacy of Department of Defense
management and oversight, including the adequacy of
staffing and training of officials responsible for such
management and oversight.
(6) The flow of information from contractors to
officials responsible for contract management and
oversight.
(h) Scope of Audits of Other Contracts.--Audits conducted
pursuant to subsection (a)(2) shall examine, at a minimum, one
or more of the following issues:
(1) The manner in which contract requirements were
developed and contracts or task and delivery orders
were awarded.
(2) The manner in which the Federal agency
exercised control over the performance of contractors.
(3) The extent to which operational field
commanders were able to coordinate or direct the
performance of contractors in an area of combat
operations.
(4) The degree to which contractor employees were
properly screened, selected, trained, and equipped for
the functions to be performed.
(5) The nature and extent of any incidents of
misconduct or unlawful activity by contractor
employees.
(6) The nature and extent of any activity by
contractor employees that was inconsistent with the
objectives of operational field commanders.
(7) The extent to which any incidents of misconduct
or unlawful activity were reported, documented,
investigated, and (where appropriate) prosecuted.
(i) Independent Conduct of Audit Functions.--All audit
functions under this section, including audit planning and
coordination, shall be performed by the relevant Inspectors
General in an independent manner, without consultation with the
Commission established pursuant to section 841 of this Act. All
audit reports resulting from such audits shall be available to
the Commission.
SEC. 843. ENHANCED COMPETITION REQUIREMENTS FOR TASK AND DELIVERY ORDER
CONTRACTS.
(a) Defense Contracts.--
(1) Limitation on single award contracts.--Section
2304a(d) of title 10, United States Code, is amended--
(A) by redesignating paragraph (3) as
paragraph (4); and
(B) by inserting after paragraph (2) the
following new paragraph (3):
``(3)(A) No task or delivery order contract in an amount
estimated to exceed $100,000,000 (including all options) may be
awarded to a single source unless the head of the agency
determines in writing that--
``(i) the task or delivery orders expected under
the contract are so integrally related that only a
single source can reasonably perform the work;
``(ii) the contract provides only for firm, fixed
price task orders or delivery orders for--
``(I) products for which unit prices are
established in the contract; or
``(II) services for which prices are
established in the contract for the specific
tasks to be performed;
``(iii) only one source is qualified and capable of
performing the work at a reasonable price to the
government; or
``(iv) because of exceptional circumstances, it is
necessary in the public interest to award the contract
to a single source.
``(B) The head of the agency shall notify Congress within
30 days after any determination under subparagraph (A)(iv).''.
(2) Enhanced competition for orders in excess of
$5,000,000.--Section 2304c of such title is amended--
(A) by redesignating subsections (d), (e),
and (f) as subsections (e), (f), and (g),
respectively;
(B) by inserting after subsection (c) the
following new subsection (d):
``(d) Enhanced Competition for Orders in Excess of
$5,000,000.--In the case of a task or delivery order in excess
of $5,000,000, the requirement to provide all contractors a
fair opportunity to be considered under subsection (b) is not
met unless all such contractors are provided, at a minimum--
``(1) a notice of the task or delivery order that
includes a clear statement of the agency's
requirements;
``(2) a reasonable period of time to provide a
proposal in response to the notice;
``(3) disclosure of the significant factors and
subfactors, including cost or price, that the agency
expects to consider in evaluating such proposals, and
their relative importance;
``(4) in the case of an award that is to be made on
a best value basis, a written statement documenting the
basis for the award and the relative importance of
quality and price or cost factors; and
``(5) an opportunity for a post-award debriefing
consistent with the requirements of section 2305(b)(5)
of this title.''; and
(C) by striking subsection (e), as
redesignated by paragraph (1), and inserting
the following new subsection (e):
``(e) Protests.--(1) A protest is not authorized in
connection with the issuance or proposed issuance of a task or
delivery order except for--
``(A) a protest on the ground that the order
increases the scope, period, or maximum value of the
contract under which the order is issued; or
``(B) a protest of an order valued in excess of
$10,000,000.
``(2) Notwithstanding section 3556 of title 31, the
Comptroller General of the United States shall have exclusive
jurisdiction of a protest authorized under paragraph (1)(B).
``(3) This subsection shall be in effect for three years,
beginning on the date that is 120 days after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2008.''.
(3) Effective dates.--
(A) Single award contracts.--The amendments
made by paragraph (1) shall take effect on the
date that is 120 days after the date of the
enactment of this Act, and shall apply with
respect to any contract awarded on or after
such date.
(B) Orders in excess of $5,000,000.--The
amendments made by paragraph (2) shall take
effect on the date that is 120 days after the
date of the enactment of this Act, and shall
apply with respect to any task or delivery
order awarded on or after such date.
(b) Civilian Agency Contracts.--
(1) Limitation on single award contracts.--Section
303H(d) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253h(d)) is amended--
(A) by redesignating paragraph (3) as
paragraph (4); and
(B) by inserting after paragraph (2) the
following new paragraph (3):
``(3)(A) No task or delivery order contract in an amount
estimated to exceed $100,000,000 (including all options) may be
awarded to a single source unless the head of the executive
agency determines in writing that--
``(i) the task or delivery orders expected under
the contract are so integrally related that only a
single source can reasonably perform the work;
``(ii) the contract provides only for firm, fixed
price task orders or delivery orders for--
``(I) products for which unit prices are
established in the contract; or
``(II) services for which prices are
established in the contract for the specific
tasks to be performed;
``(iii) only one source is qualified and capable of
performing the work at a reasonable price to the
government; or
``(iv) because of exceptional circumstances, it is
necessary in the public interest to award the contract
to a single source.
``(B) The head of the executive agency shall notify
Congress within 30 days after any determination under
subparagraph (A)(iv).''.
(2) Enhanced competition for orders in excess of
$5,000,000.--Section 303J of such Act (41 U.S.C. 253j)
is amended--
(A) by redesignating subsections (d), (e),
and (f) as subsections (e), (f), and (g),
respectively;
(B) by inserting after subsection (c) the
following new subsection (d):
``(d) Enhanced Competition for Orders in Excess of
$5,000,000.--In the case of a task or delivery order in excess
of $5,000,000, the requirement to provide all contractors a
fair opportunity to be considered under subsection (b) is not
met unless all such contractors are provided, at a minimum--
``(1) a notice of the task or delivery order that
includes a clear statement of the executive agency's
requirements;
``(2) a reasonable period of time to provide a
proposal in response to the notice;
``(3) disclosure of the significant factors and
subfactors, including cost or price, that the executive
agency expects to consider in evaluating such
proposals, and their relative importance;
``(4) in the case of an award that is to be made on
a best value basis, a written statement documenting the
basis for the award and the relative importance of
quality and price or cost factors; and
``(5) an opportunity for a post-award debriefing
consistent with the requirements of section 303B(e).'';
and
(C) by striking subsection (e), as
redesignated by paragraph (1), and inserting
the following new subsection (e):
``(e) Protests.--(1) A protest is not authorized in
connection with the issuance or proposed issuance of a task or
delivery order except for--
``(A) a protest on the ground that the order
increases the scope, period, or maximum value of the
contract under which the order is issued; or
``(B) a protest of an order valued in excess of
$10,000,000.
``(2) Notwithstanding section 3556 of title 31, United
States Code, the Comptroller General of the United States shall
have exclusive jurisdiction of a protest authorized under
paragraph (1)(B).
``(3) This subsection shall be in effect for three years,
beginning on the date that is 120 days after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2008.''.
(3) Effective dates.--
(A) Single award contracts.--The amendments
made by paragraph (1) shall take effect on the
date that is 120 days after the date of the
enactment of this Act, and shall apply with
respect to any contract awarded on or after
such date.
(B) Orders in excess of $5,000,000.--The
amendments made by paragraph (2) shall take
effect on the date that is 120 days after the
date of the enactment of this Act, and shall
apply with respect to any task or delivery
order awarded on or after such date.
SEC. 844. PUBLIC DISCLOSURE OF JUSTIFICATION AND APPROVAL DOCUMENTS FOR
NONCOMPETITIVE CONTRACTS.
(a) Civilian Agency Contracts.--
(1) In general.--Section 303 of the Federal
Property and Administrative Services Act of 1949 (41
U.S.C. 253) is amended by adding at the end the
following new subsection:
``(j)(1)(A) Except as provided in subparagraph (B), in the
case of a procurement permitted by subsection (c), the head of
an executive agency shall make publicly available, within 14
days after the award of the contract, the documents containing
the justification and approval required by subsection (f)(1)
with respect to the procurement.
``(B) In the case of a procurement permitted by subsection
(c)(2), subparagraph (A) shall be applied by substituting `30
days' for `14 days'.
``(2) The documents shall be made available on the website
of the agency and through a government-wide website selected by
the Administrator for Federal Procurement Policy.
``(3) This subsection does not require the public
availability of information that is exempt from public
disclosure under section 552(b) of title 5, United States
Code.''.
(2) Conforming amendment.--Section 303(f) of such
Act is amended--
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as
paragraph (4).
(b) Defense Agency Contracts.--
(1) In general.--Section 2304 of title 10, United
States Code, is amended by adding at the end the
following new subsection:
``(l)(1)(A) Except as provided in subparagraph (B), in the
case of a procurement permitted by subsection (c), the head of
an agency shall make publicly available, within 14 days after
the award of the contract, the documents containing the
justification and approval required by subsection (f)(1) with
respect to the procurement.
``(B) In the case of a procurement permitted by subsection
(c)(2), subparagraph (A) shall be applied by substituting `30
days' for `14 days'.
``(2) The documents shall be made available on the website
of the agency and through a government-wide website selected by
the Administrator for Federal Procurement Policy.
``(3) This subsection does not require the public
availability of information that is exempt from public
disclosure under section 552(b) of title 5.''.
(2) Conforming amendment.--Section 2304(f) of such
title is amended--
(A) by striking paragraph (4); and
(B) by redesignating paragraphs (5) and (6)
as paragraphs (4) and (5), respectively.
SEC. 845. DISCLOSURE OF GOVERNMENT CONTRACTOR AUDIT FINDINGS.
(a) Required Annex on Significant Audit Findings.--
(1) In general.--Each Inspector General appointed
under the Inspector General Act of 1978 shall submit,
as part of the semiannual report submitted to Congress
pursuant to section 5 of such Act, an annex on final,
completed contract audit reports issued to the
contracting activity containing significant audit
findings issued during the period covered by the
semiannual report concerned.
(2) Elements.--Such annex shall include--
(A) a list of such contract audit reports;
(B) for each audit report, a brief
description of the nature of the significant
audit findings in the report; and
(C) for each audit report, the specific
amounts of costs identified as unsupported,
questioned, or disallowed.
(3) Information exempt from public disclosure.--(A)
Nothing in this subsection shall be construed to
require the release of information to the public that
is exempt from public disclosure under section 552(b)
of title 5, United States Code.
(B) For each element required by paragraph (2), the
Inspector General concerned shall note each instance
where information has been redacted in accordance with
the requirements of section 552(b) of title 5, United
States Code, and submit an unredacted annex to the
committees listed in subsection (d)(2) within 7 days
after the issuance of the semiannual report.
(b) Defense Contract Audit Agency Included.--For purposes
of subsection (a), audits of the Defense Contract Audit Agency
shall be included in the annex provided by the Inspector
General of the Department of Defense if they include
significant audit findings.
(c) Exception.--Subsection (a) shall not apply to an
Inspector General if no audits described in such subsection
were issued during the covered period.
(d) Submission of Individual Audits.--
(1) Requirement.--The head of each Federal
department or agency shall provide, within 14 days
after a request in writing by the chairman or ranking
member of any committee listed in paragraph (2), a full
and unredacted copy of any audit described in
subsection (a). Such copy shall include an
identification of information in the audit exempt from
public disclosure under section 552(b) of title 5,
United States Code.
(2) Committees.--The committees listed in this
paragraph are the following:
(A) The Committee on Oversight and
Government Reform of the House of
Representatives.
(B) The Committee on Homeland Security and
Governmental Affairs of the Senate.
(C) The Committees on Appropriations of the
House of Representatives and the Senate.
(D) With respect to the Department of
Defense and the Department of Energy, the
Committees on Armed Services of the Senate and
House of Representatives.
(E) The Committees of primary jurisdiction
over the agency or department to which the
request is made.
(e) Classified Information.--Nothing in this section shall
be interpreted to require the handling of classified
information or information relating to intelligence sources and
methods in a manner inconsistent with any law, regulation,
executive order, or rule of the House of Representatives or of
the Senate relating to the handling or protection of such
information.
(f) Definitions.--In this section:
(1) Significant audit findings.--The term
``significant audit findings'' includes--
(A) unsupported, questioned, or disallowed
costs in an amount in excess of $10,000,000; or
(B) other findings that the Inspector
General of the agency or department concerned
determines to be significant.
(2) Contract.--The term ``contract'' includes a
contract, an order placed under a task or delivery
order contract, or a subcontract.
SEC. 846. PROTECTION FOR CONTRACTOR EMPLOYEES FROM REPRISAL FOR
DISCLOSURE OF CERTAIN INFORMATION.
(a) Increased Protection From Reprisal.--Subsection (a) of
section 2409 of title 10, United States Code, is amended--
(1) by striking ``disclosing to a Member of
Congress'' and inserting ``disclosing to a Member of
Congress, a representative of a committee of Congress,
an Inspector General, the Government Accountability
Office, a Department of Defense employee responsible
for contract oversight or management,''; and
(2) by striking ``information relating to a
substantial violation of law related to a contract
(including the competition for or negotiation of a
contract)'' and inserting ``information that the
employee reasonably believes is evidence of gross
mismanagement of a Department of Defense contract or
grant, a gross waste of Department of Defense funds, a
substantial and specific danger to public health or
safety, or a violation of law related to a Department
of Defense contract (including the competition for or
negotiation of a contract) or grant''.
(b) Clarification of Inspector General Determination.--
Subsection (b) of such section is amended--
(1) by inserting ``(1)'' after ``Investigation of
Complaints.--'';
(2) by striking ``an agency'' and inserting ``the
Department of Defense, or the Inspector General of the
National Aeronautics and Space Administration in the
case of a complaint regarding the National Aeronautics
and Space Administration''; and
(3) by adding at the end the following new
paragraph:
``(2)(A) Except as provided under subparagraph (B), the
Inspector General shall make a determination that a complaint
is frivolous or submit a report under paragraph (1) within 180
days after receiving the complaint.
``(B) If the Inspector General is unable to complete an
investigation in time to submit a report within the 180-day
period specified in subparagraph (A) and the person submitting
the complaint agrees to an extension of time, the Inspector
General shall submit a report under paragraph (1) within such
additional period of time as shall be agreed upon between the
Inspector General and the person submitting the complaint.''.
(c) Acceleration of Schedule for Denying Relief or
Providing Remedy.--Subsection (c) of such section is amended--
(1) in paragraph (1), by striking ``If the head of
the agency determines that a contractor has subjected a
person to a reprisal prohibited by subsection (a), the
head of the agency may'' and inserting after ``(1)''
the following: ``Not later than 30 days after receiving
an Inspector General report pursuant to subsection (b),
the head of the agency concerned shall determine
whether there is sufficient basis to conclude that the
contractor concerned has subjected the complainant to a
reprisal prohibited by subsection (a) and shall either
issue an order denying relief or shall'';
(2) by redesignating paragraphs (2) and (3) as
paragraphs (4) and (5), respectively; and
(3) by inserting after paragraph (1) the following
new paragraphs:
``(2) If the head of an executive agency issues an order
denying relief under paragraph (1) or has not issued an order
within 210 days after the submission of a complaint under
subsection (b), or in the case of an extension of time under
paragraph (b)(2)(B), not later than 30 days after the
expiration of the extension of time, and there is no showing
that such delay is due to the bad faith of the complainant, the
complainant shall be deemed to have exhausted all
administrative remedies with respect to the complaint, and the
complainant may bring a de novo action at law or equity against
the contractor to seek compensatory damages and other relief
available under this section in the appropriate district court
of the United States, which shall have jurisdiction over such
an action without regard to the amount in controversy. Such an
action shall, at the request of either party to the action, be
tried by the court with a jury.
``(3) An Inspector General determination and an agency head
order denying relief under paragraph (2) shall be admissible in
evidence in any de novo action at law or equity brought
pursuant to this subsection.''.
(d) Definitions.--Subsection (e) of such section is
amended--
(1) in paragraph (4), by inserting ``or a grant''
after ``a contract''; and
(2) by inserting before the period at the end the
following: ``and any Inspector General that receives
funding from, or has oversight over contracts awarded
for or on behalf of, the Secretary of Defense''.
SEC. 847. REQUIREMENTS FOR SENIOR DEPARTMENT OF DEFENSE OFFICIALS
SEEKING EMPLOYMENT WITH DEFENSE CONTRACTORS.
(a) Requirement to Seek and Obtain Written Opinion.--
(1) Request.--An official or former official of the
Department of Defense described in subsection (c) who,
within two years after leaving service in the
Department of Defense, expects to receive compensation
from a Department of Defense contractor, shall, prior
to accepting such compensation, request a written
opinion regarding the applicability of post-employment
restrictions to activities that the official or former
official may undertake on behalf of a contractor.
(2) Submission of request.--A request for a written
opinion under paragraph (1) shall be submitted in
writing to an ethics official of the Department of
Defense having responsibility for the organization in
which the official or former official serves or served
and shall set forth all information relevant to the
request, including information relating to government
positions held and major duties in those positions,
actions taken concerning future employment, positions
sought, and future job descriptions, if applicable.
(3) Written opinion.--Not later than 30 days after
receiving a request by an official or former official
of the Department of Defense described in subsection
(c), the appropriate ethics counselor shall provide
such official or former official a written opinion
regarding the applicability or inapplicability of post-
employment restrictions to activities that the official
or former official may undertake on behalf of a
contractor.
(4) Contractor requirement.--A Department of
Defense contractor may not knowingly provide
compensation to a former Department of Defense official
described in subsection (c) within two years after such
former official leaves service in the Department of
Defense, without first determining that the former
official has sought and received (or has not received
after 30 days of seeking) a written opinion from the
appropriate ethics counselor regarding the
applicability of post-employment restrictions to the
activities that the former official is expected to
undertake on behalf of the contractor.
(5) Administrative actions.--In the event that an
official or former official of the Department of
Defense described in subsection (c), or a Department of
Defense contractor, knowingly fails to comply with the
requirements of this subsection, the Secretary of
Defense may take any of the administrative actions set
forth in section 27(e) of the Office of Federal
Procurement Policy Act (41 U.S.C. 423(e)) that the
Secretary of Defense determines to be appropriate.
(b) Recordkeeping Requirement.--
(1) Database.--Each request for a written opinion
made pursuant to this section, and each written opinion
provided pursuant to such a request, shall be retained
by the Department of Defense in a central database or
repository for not less than five years beginning on
the date on which the written opinion was provided.
(2) Inspector general review.--The Inspector
General of the Department of Defense shall conduct
periodic reviews to ensure that written opinions are
being provided and retained in accordance with the
requirements of this section. The first such review
shall be conducted no later than two years after the
date of the enactment of this Act.
(c) Covered Department of Defense Officials.--An official
or former official of the Department of Defense is covered by
the requirements of this section if such official or former
official--
(1) participated personally and substantially in an
acquisition as defined in section 4(16) of the Office
of Federal Procurement Policy Act with a value in
excess of $10,000,000 and serves or served--
(A) in an Executive Schedule position under
subchapter II of chapter 53 of title 5, United
States Code;
(B) in a position in the Senior Executive
Service under subchapter VIII of chapter 53 of
title 5, United States Code; or
(C) in a general or flag officer position
compensated at a rate of pay for grade O-7 or
above under section 201 of title 37, United
States Code; or
(2) serves or served as a program manager, deputy
program manager, procuring contracting officer,
administrative contracting officer, source selection
authority, member of the source selection evaluation
board, or chief of a financial or technical evaluation
team for a contract in an amount in excess of
$10,000,000.
(d) Definition.--In this section, the term ``post-
employment restrictions'' includes--
(1) section 27 of the Office of Federal Procurement
Policy Act (41 U.S.C. 423);
(2) section 207 of title 18, United States Code;
and
(3) any other statute or regulation restricting the
employment or activities of individuals who leave
government service in the Department of Defense.
SEC. 848. REPORT ON CONTRACTOR ETHICS PROGRAMS OF MAJOR DEFENSE
CONTRACTORS.
(a) Report Required.--Not later than one year after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the internal ethics programs of major defense
contractors.
(b) Elements.--The report required by subsection (a) shall
address, at a minimum--
(1) the extent to which major defense contractors
have internal ethics programs in place;
(2) the extent to which the ethics programs
described in paragraph (1) include--
(A) the availability of internal
mechanisms, such as hotlines, for contractor
employees to report conduct that may violate
applicable requirements of law or regulation;
(B) notification to contractor employees of
the 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;
(C) notification to contractor employees of
their right to be free from reprisal for
disclosing a substantial violation of law
related to a contract, in accordance with
section 2409 of title 10, United States Code;
(D) ethics training programs for contractor
officers and employees;
(E) internal audit or review programs to
identify and address conduct that may violate
applicable requirements of law or regulation;
(F) self-reporting requirements, under
which contractors report conduct that may
violate applicable requirements of law or
regulation to appropriate government officials;
(G) disciplinary action for contractor
employees whose conduct is determined to have
violated applicable requirements of law or
regulation; and
(H) appropriate management oversight to
ensure the successful implementation of such
ethics programs;
(3) the extent to which the Department of Defense
monitors or approves the ethics programs of major
defense contractors; and
(4) the advantages and disadvantages of legislation
requiring that defense contractors develop internal
ethics programs and requiring that specific elements be
included in such ethics programs.
(c) Access to Information.--In accordance with the contract
clause required pursuant to section 2313(c) of title 10, United
States Code, each major defense contractor shall provide the
Comptroller General access to information requested by the
Comptroller General that is within the scope of the report
required by this section.
(d) Major Defense Contractor Defined.--In this section, the
term ``major defense contractor'' means any company that was
awarded contracts by the Department of Defense during fiscal
year 2006 in amounts totaling more than $500,000,000.
SEC. 849. CONTINGENCY CONTRACTING TRAINING FOR PERSONNEL OUTSIDE THE
ACQUISITION WORKFORCE AND EVALUATIONS OF ARMY
COMMISSION RECOMMENDATIONS.
(a) Training Requirement.--Section 2333 of title 10, United
States Code is amended--
(1) by redesignating subsection (e) as subsection
(f); and
(2) by inserting after subsection (d) the following
new subsection (e):
``(e) Training for Personnel Outside Acquisition
Workforce.--(1) The joint policy for requirements definition,
contingency program management, and contingency contracting
required by subsection (a) shall provide for training of
military personnel outside the acquisition workforce (including
operational field commanders and officers performing key staff
functions for operational field commanders) who are expected to
have acquisition responsibility, including oversight duties
associated with contracts or contractors, during combat
operations, post-conflict operations, and contingency
operations.
``(2) Training under paragraph (1) shall be sufficient to
ensure that the military personnel referred to in that
paragraph understand the scope and scale of contractor support
they will experience in contingency operations and are prepared
for their roles and responsibilities with regard to
requirements definition, program management (including
contractor oversight), and contingency contracting.
``(3) The joint policy shall also provide for the
incorporation of contractors and contract operations in mission
readiness exercises for operations that will include
contracting and contractor support.''.
(b) Organizational Requirements.--
(1) Evaluation by the secretary of defense.--The
Secretary of Defense, in consultation with the Chairman
of the Joint Chiefs of Staff, shall evaluate the
recommendations included in the report of the
Commission on Army Acquisition and Program Management
in Expeditionary Operations and shall determine the
extent to which such recommendations are applicable to
the other Armed Forces. Not later than 120 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit a report to the congressional
defense committees with the conclusions of this
evaluation and a description of the Secretary's plans
for implementing the Commission's recommendations for
Armed Forces other than the Army.
(2) Evaluation by the secretary of the army.--The
Secretary of the Army, in consultation with the Chief
of Staff of the Army, shall evaluate the
recommendations included in the report of the
Commission on Army Acquisition and Program Management
in Expeditionary Operations. Not later than 120 days
after the date of the enactment of this Act, the
Secretary of the Army shall submit to the congressional
defense committees a report detailing the Secretary's
plans for implementation of the recommendations of the
Commission. The report shall include the following:
(A) For each recommendation that has been
implemented, or that the Secretary plans to
implement--
(i) a summary of all actions that
have been taken to implement such
recommendation; and
(ii) a schedule, with specific
milestones, for completing the
implementation of such recommendation.
(B) For each recommendation that the
Secretary has not implemented and does not plan
to implement--
(i) the reasons for the decision
not to implement such recommendation;
and
(ii) a summary of any alternative
actions the Secretary plans to take to
address the purposes underlying such
recommendation.
(C) For each recommendation that would
require legislation to implement, the
Secretary's recommendations regarding such
legislation.
(c) Comptroller General Report.--Section 854(c) of the John
Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2346) is amended by adding at
the end the following new paragraph:
``(3) Comptroller general report.--Not later than
180 days after the date on which the Secretary of
Defense submits the final report required by paragraph
(2), the Comptroller General of the United States
shall--
``(A) review the joint policies developed
by the Secretary, including the implementation
of such policies; and
``(B) submit to the Committees on Armed
Services of the Senate and the House of
Representatives a report on the extent to which
such policies, and the implementation of such
policies, comply with the requirements of
section 2333 of title 10, United States Code
(as so amended).''.
Subtitle E--Acquisition Workforce Provisions
SEC. 851. REQUIREMENT FOR SECTION ON DEFENSE ACQUISITION WORKFORCE IN
STRATEGIC HUMAN CAPITAL PLAN.
(a) In General.--In the update of the strategic human
capital plan for 2008, and in each subsequent update, the
Secretary of Defense shall include a separate section focused
on the defense acquisition workforce, including both military
and civilian personnel.
(b) Funding.--The section shall contain--
(1) an identification of the funding programmed for
defense acquisition workforce improvements, including a
specific identification of funding provided in the
Department of Defense Acquisition Workforce Fund
established under section 1705 of title 10, United
States Code (as added by section 852 of this Act);
(2) an identification of the funding programmed for
defense acquisition workforce training in the future-
years defense program, including a specific
identification of funding provided by the acquisition
workforce training fund established under section
37(h)(3) of the Office of Federal Procurement Policy
Act (41 U.S.C. 433(h)(3));
(3) a description of how the funding identified
pursuant to paragraphs (1) and (2) will be implemented
during the fiscal year concerned to address the areas
of need identified in accordance with subsection (c);
(4) a statement of whether the funding identified
under paragraphs (1) and (2) is being fully used; and
(5) a description of any continuing shortfall in
funding available for the defense acquisition
workforce.
(c) Areas of Need.--The section also shall identify any
areas of need in the defense acquisition workforce, including--
(1) gaps in the skills and competencies of the
current or projected defense acquisition workforce;
(2) changes to the types of skills needed in the
current or projected defense acquisition workforce;
(3) incentives to retain in the defense acquisition
workforce qualified, experienced defense acquisition
workforce personnel; and
(4) incentives for attracting new, high-quality
personnel to the defense acquisition workforce.
(d) Strategic Human Capital Plan Defined.--In this section,
the term ``strategic human capital plan'' means the strategic
human capital plan required under section 1122 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 119 Stat. 3452; 10 U.S.C. prec. 1580 note).
SEC. 852. DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND.
(a) In General.--
(1) Establishment of fund.--Chapter 87 of title 10,
United States Code, is amended by inserting after
section 1704 the following new section:
``Sec. 1705. Department of Defense Acquisition Workforce Development
Fund
``(a) Establishment.--The Secretary of Defense shall
establish a fund to be known as the `Department of Defense
Acquisition Workforce Fund' (in this section referred to as the
`Fund') to provide funds, in addition to other funds that may
be available, for the recruitment, training, and retention of
acquisition personnel of the Department of Defense.
``(b) Purpose.--The purpose of the Fund is to ensure that
the Department of Defense acquisition workforce has the
capacity, in both personnel and skills, needed to properly
perform its mission, provide appropriate oversight of
contractor performance, and ensure that the Department receives
the best value for the expenditure of public resources.
``(c) Management.--The Fund shall be managed by a senior
official of the Department of Defense designated by the Under
Secretary of Defense for Acquisition, Technology, and Logistics
for that purpose, from among persons with an extensive
background in management relating to acquisition and personnel.
``(d) Elements.--
``(1) In general.--The Fund shall consist of
amounts as follows:
``(A) Amounts credited to the Fund under
paragraph (2).
``(B) Any other amounts appropriated to,
credited to, or deposited into the Fund by law.
``(2) Credits to the fund.--(A) There shall be
credited to the Fund an amount equal to the applicable
percentage for a fiscal year of all amounts expended by
the Department of Defense in such fiscal year for
contract services, other than services relating to
research and development and services relating to
military construction.
``(B) Not later than 30 days after the end of the
third fiscal year quarter of fiscal year 2008, and 30
days after the end of each fiscal year quarter
thereafter, the head of each military department and
Defense Agency shall remit to the Secretary of Defense
an amount equal to the applicable 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).
``(C) For purposes of this paragraph, the
applicable percentage for a fiscal year is a percentage
as follows:
``(i) For fiscal year 2008, 0.5 percent.
``(ii) For fiscal year 2009, 1 percent.
``(iii) For fiscal year 2010, 1.5 percent.
``(iv) For any fiscal year after fiscal
year 2010, 2 percent.
``(D) The Secretary of Defense may reduce a
percentage established in subparagraph (C) for any
fiscal year, if he determines that the application of
such percentage would result in the crediting of an
amount greater than is reasonably needed for the
purpose of the Fund. In no event may the Secretary
reduce a percentage for any fiscal year below a
percentage that results in the deposit in a fiscal year
of an amount equal to the following:
``(i) For fiscal year 2008, $300,000,000.
``(ii) For fiscal year 2009, $400,000,000.
``(iii) For fiscal year 2010, $500,000,000.
``(iv) For any fiscal year after fiscal
year 2010, $600,000,000.
``(e) Availability of Funds.--
``(1) In general.--Subject to the provisions of
this subsection, amounts in the Fund shall be available
to the Secretary of Defense for expenditure, or for
transfer to a military department or Defense Agency,
for the recruitment, training, and retention of
acquisition personnel of the Department of Defense for
the purpose of the Fund, including for the provision of
training and retention incentives to the acquisition
workforce of the Department.
``(2) Prohibition.--Amounts in the Fund may not be
obligated for any purpose other than purposes described
in paragraph (1) or otherwise in accordance with this
subsection.
``(3) Guidance.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics, acting through
the senior official designated to manage the Fund,
shall issue guidance for the administration of the
Fund. Such guidance shall include provisions--
``(A) identifying areas of need in the
acquisition workforce for which amounts in the
Fund may be used, including--
``(i) changes to the types of
skills needed in the acquisition
workforce;
``(ii) incentives to retain in the
acquisition workforce qualified,
experienced acquisition workforce
personnel; and
``(iii) incentives for attracting
new, high-quality personnel to the
acquisition workforce;
``(B) describing the manner and timing for
applications for amounts in the Fund to be
submitted;
``(C) describing the evaluation criteria to
be used for approving or prioritizing
applications for amounts in the Fund in any
fiscal year; and
``(D) describing measurable objectives of
performance for determining whether amounts in
the Fund are being used in compliance with this
section.
``(4) Limitation on payments to or for
contractors.--Amounts in the Fund shall not be
available for payments to contractors or contractor
employees, other than for the purpose of providing
advanced training to Department of Defense employees.
``(5) Prohibition on payment of base salary of
current employees.--Amounts in the Fund may not be used
to pay the base salary of any person who was an
employee of the Department as of the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2008.
``(6) Duration of availability.--Amounts credited
to the Fund under subsection (d)(2) shall remain
available for expenditure in the fiscal year for which
credited and the two succeeding fiscal years.
``(f) Annual Report.--Not later than 60 days after the end
of each fiscal year beginning with fiscal year 2008, the
Secretary of Defense shall submit to the congressional defense
committees a report on the operation of the Fund during such
fiscal year. Each report shall include, for the fiscal year
covered by such report, the following:
``(1) A statement of the amounts remitted to the
Secretary for crediting to the Fund for such fiscal
year by each military department and Defense Agency,
and a statement of the amounts credited to the Fund for
such fiscal year.
``(2) A description of the expenditures made from
the Fund (including expenditures following a transfer
of amounts in the Fund to a military department or
Defense Agency) in such fiscal year, including the
purpose of such expenditures.
``(3) A description and assessment of improvements
in the Department of Defense acquisition workforce
resulting from such expenditures.
``(4) Recommendations for additional authorities to
fulfill the purpose of the Fund.
``(5) A statement of the balance remaining in the
Fund at the end of such fiscal year.
``(g) Acquisition Workforce Defined.--In this section, the
term `acquisition workforce' means personnel in positions
designated under section 1721 of this title as acquisition
positions for purposes of this chapter.''.
(2) Clerical amendment.--The table of sections at
the beginning of subchapter I of such chapter is
amended by inserting after the item relating to section
1704 the following new item:
``1705. Department of Defense Acquisition Workforce Development Fund.''.
(b) Effective Date.--Section 1705 of title 10, United
States Code, as added by subsection (a), shall take effect on
the date of the enactment of this Act.
SEC. 853. EXTENSION OF AUTHORITY TO FILL SHORTAGE CATEGORY POSITIONS
FOR CERTAIN FEDERAL ACQUISITION POSITIONS.
Section 1413(b) of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1665) is
amended by striking ``September 30, 2007'' and inserting
``September 30, 2012''.
SEC. 854. REPEAL OF SUNSET OF ACQUISITION WORKFORCE TRAINING FUND.
Section 37(h)(3) of the Office of Federal Procurement
Policy Act (41 U.S.C. 433(h)(3)) is amended by striking
subparagraph (H).
SEC. 855. FEDERAL ACQUISITION WORKFORCE IMPROVEMENTS.
(a) Associate Administrator for Acquisition Workforce
Programs.--The Administrator for Federal Procurement Policy
shall designate a member of the Senior Executive Service as the
Associate Administrator for Acquisition Workforce Programs. The
Associate Administrator for Acquisition Workforce Programs
shall be located in the Federal Acquisition Institute (or its
successor). The Associate Administrator shall be responsible
for--
(1) supervising the acquisition workforce training
fund established under section 37(h)(3) of the Office
of Federal Procurement Policy Act (41 U.S.C.
433(h)(3));
(2) developing, in coordination with Chief
Acquisition Officers and Chief Human Capital Officers,
a strategic human capital plan for the acquisition
workforce of the Federal Government;
(3) reviewing and providing input to individual
agency acquisition workforce succession plans;
(4) recommending to the Administrator and other
senior government officials appropriate programs,
policies, and practices to increase the quantity and
quality of the Federal acquisition workforce; and
(5) carrying out such other functions as the
Administrator may assign.
(b) Acquisition and Contracting Training Programs Within
Executive Agencies.--
(1) Requirement.--The head of each executive
agency, after consultation with the Associate
Administrator for Acquisition Workforce Programs, shall
establish and operate acquisition and contracting
training programs. Such programs shall--
(A) have curricula covering a broad range
of acquisition and contracting disciplines
corresponding to the specific acquisition and
contracting needs of the agency involved;
(B) be developed and applied according to
rigorous standards; and
(C) be designed to maximize efficiency,
through the use of self-paced courses, online
courses, on-the-job training, and the use of
remote instructors, wherever such features can
be applied without reducing the effectiveness
of the training or negatively affecting
academic standards.
(2) Chief acquisition officer authorities and
responsibilities.--Subject to the authority, direction,
and control of the head of an executive agency, the
Chief Acquisition Officer for such agency shall carry
out all powers, functions, and duties of the head of
the agency with respect to implementation of this
subsection. The Chief Acquisition Officer shall ensure
that the policies established by the head of the agency
in accordance with this subsection are implemented
throughout the agency.
(c) Government-Wide Policies and Evaluation.--The
Administrator for Federal Procurement Policy shall issue
policies to promote the development of performance standards
for training and uniform implementation of this section by
executive agencies, with due regard for differences in program
requirements among agencies that may be appropriate and
warranted in view of the agency mission. The Administrator
shall evaluate the implementation of the provisions of
subsection (b) by executive agencies.
(d) Acquisition and Contracting Training Reporting.--The
Administrator for Federal Procurement Policy shall ensure that
the heads of executive agencies collect and maintain
standardized information on the acquisition and contracting
workforce related to the implementation of subsection (b).
(e) Acquisition Workforce Human Capital Succession Plan.--
(1) In general.--Not later than 1 year after the
date of the enactment of this Act, each Chief
Acquisition Officer for an executive agency shall
develop, in consultation with the Chief Human Capital
Officer for the agency and the Associate Administrator
for Acquisition Workforce Programs, a succession plan
consistent with the agency's strategic human capital
plan for the recruitment, development, and retention of
the agency's acquisition workforce, with a particular
focus on warranted contracting officers and program
managers of the agency.
(2) Content of plan.--The acquisition workforce
succession plan shall address--
(A) recruitment goals for personnel from
procurement intern programs;
(B) the agency's acquisition workforce
training needs;
(C) actions to retain high performing
acquisition professionals who possess critical
relevant skills;
(D) recruitment goals for personnel from
the Federal Career Intern Program; and
(E) recruitment goals for personnel from
the Presidential Management Fellows Program.
(f) Training in the Acquisition of Architect and
Engineering Services.--The Administrator for Federal
Procurement Policy shall ensure that a sufficient number of
Federal employees are trained in the acquisition of architect
and engineering services.
(g) Utilization of Recruitment and Retention Authorities.--
The Administrator for Federal Procurement Policy, in
coordination with the Director of the Office of Personnel
Management, shall encourage executive agencies to utilize
existing authorities, including direct hire authority and
tuition assistance programs, to recruit and retain acquisition
personnel and consider recruiting acquisition personnel who may
be retiring from the private sector, consistent with existing
laws and regulations.
(h) Definitions.--In this section:
(1) Executive agency.--The term ``executive
agency'' has the meaning provided in section 4(1) of
the Office of Federal Procurement Policy Act (41 U.S.C.
403(1)).
(2) Chief acquisition officer.--The term ``Chief
Acquisition Officer'' means a Chief Acquisition Officer
for an executive agency appointed pursuant to section
16 of the Office of Federal Procurement Policy Act (41
U.S.C. 414).
Subtitle F--Contracts in Iraq and Afghanistan
SEC. 861. MEMORANDUM OF UNDERSTANDING ON MATTERS RELATING TO
CONTRACTING.
(a) Memorandum of Understanding Required.--The Secretary of
Defense, the Secretary of State, and the Administrator of the
United States Agency for International Development shall, not
later than July 1, 2008, enter into a memorandum of
understanding regarding matters relating to contracting for
contracts in Iraq or Afghanistan.
(b) Matters Covered.--The memorandum of understanding
required by subsection (a) shall address, at a minimum, the
following:
(1) Identification of the major categories of
contracts in Iraq or Afghanistan being awarded by the
Department of Defense, the Department of State, or the
United States Agency for International Development.
(2) Identification of the roles and
responsibilities of each department or agency for
matters relating to contracting for contracts in Iraq
or Afghanistan.
(3) Responsibility for establishing procedures for,
and the coordination of, movement of contractor
personnel in Iraq or Afghanistan.
(4) Identification of common databases that will
serve as repositories of information on contracts in
Iraq or Afghanistan and contractor personnel in Iraq or
Afghanistan, including agreement on the elements to be
included in the databases, including, at a minimum--
(A) with respect to each contract--
(i) a brief description of the
contract (to the extent consistent with
security considerations);
(ii) the total value of the
contract; and
(iii) whether the contract was
awarded competitively; and
(B) with respect to contractor personnel--
(i) the total number of personnel
employed on contracts in Iraq or
Afghanistan;
(ii) the total number of personnel
performing security functions under
contracts in Iraq or Afghanistan; and
(iii) the total number of personnel
working under contracts in Iraq or
Afghanistan who have been killed or
wounded.
(5) Responsibility for maintaining and updating
information in the common databases identified under
paragraph (4).
(6) Responsibility for the collection and referral
to the appropriate Government agency of any information
relating to offenses under chapter 47 of title 10,
United States Code (the Uniform Code of Military
Justice) or chapter 212 of title 18, United States Code
(commonly referred to as the Military Extraterritorial
Jurisdiction Act), including a clarification of
responsibilities under section 802(a)(10) of title 10,
United States Code (article 2(a) of the Uniform Code of
Military Justice), as amended by section 552 of the
John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364).
(c) Implementation of Memorandum of Understanding.--Not
later than 120 days after the memorandum of understanding
required by subsection (a) is signed, the Secretary of Defense,
the Secretary of State, and the Administrator of the United
States Agency for International Development shall issue such
policies or guidance and prescribe such regulations as are
necessary to implement the memorandum of understanding for the
relevant matters pertaining to their respective agencies.
(d) Copies Provided to Congress.--
(1) Memorandum of understanding.--Copies of the
memorandum of understanding required by subsection (a)
shall be provided to the relevant committees of
Congress within 30 days after the memorandum is signed.
(2) Report on implementation.--Not later than 180
days after the memorandum of understanding required by
subsection (a) is signed, the Secretary of Defense, the
Secretary of State, and the Administrator of the United
States Agency for International Development shall each
provide a report to the relevant committees of Congress
on the implementation of the memorandum of
understanding.
(3) Databases.--The Secretary of Defense, the
Secretary of State, or the Administrator of the United
States Agency for International Development shall
provide access to the common databases identified under
subsection (b)(4) to the relevant committees of
Congress.
(4) Contracts.--Effective on the date of the
enactment of this Act, copies of any contracts in Iraq
or Afghanistan awarded after December 1, 2007, shall be
provided to any of the relevant committees of Congress
within 15 days after the submission of a request for
such contract or contracts from such committee to the
department or agency managing the contract.
SEC. 862. CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS IN AREAS OF
COMBAT OPERATIONS.
(a) Regulations on Contractors Performing Private Security
Functions.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of
Defense, in coordination with the Secretary of State,
shall prescribe regulations on the selection, training,
equipping, and conduct of personnel performing private
security functions under a covered contract in an area
of combat operations.
(2) Elements.--The regulations prescribed under
subsection (a) shall, at a minimum, establish--
(A) a process for registering, processing,
accounting for, and keeping appropriate records
of personnel performing private security
functions in an area of combat operations;
(B) a process for authorizing and
accounting for weapons to be carried by, or
available to be used by, personnel performing
private security functions in an area of combat
operations;
(C) a process for the registration and
identification of armored vehicles,
helicopters, and other military vehicles
operated by contractors performing private
security functions in an area of combat
operations;
(D) a process under which contractors are
required to report all incidents, and persons
other than contractors are permitted to report
incidents, in which--
(i) a weapon is discharged by
personnel performing private security
functions in an area of combat
operations;
(ii) personnel performing private
security functions in an area of combat
operations are killed or injured; or
(iii) persons are killed or
injured, or property is destroyed, as a
result of conduct by contractor
personnel;
(E) a process for the independent review
and, if practicable, investigation of--
(i) incidents reported pursuant to
subparagraph (D); and
(ii) incidents of alleged
misconduct by personnel performing
private security functions in an area
of combat operations;
(F) requirements for qualification,
training, screening (including, if practicable,
through background checks), and security for
personnel performing private security functions
in an area of combat operations;
(G) guidance to the commanders of the
combatant commands on the issuance of--
(i) orders, directives, and
instructions to contractors performing
private security functions relating to
equipment, force protection, security,
health, safety, or relations and
interaction with locals;
(ii) predeployment training
requirements for personnel performing
private security functions in an area
of combat operations, addressing the
requirements of this section, resources
and assistance available to contractor
personnel, country information and
cultural training, and guidance on
working with host country nationals and
military; and
(iii) rules on the use of force for
personnel performing private security
functions in an area of combat
operations;
(H) a process by which a commander of a
combatant command may request an action
described in subsection (b)(3); and
(I) a process by which the training
requirements referred to in subparagraph
(G)(ii) shall be implemented.
(3) Availability of orders, directives, and
instructions.--The regulations prescribed under
subsection (a) shall include mechanisms to ensure the
provision and availability of the orders, directives,
and instructions referred to in paragraph (2)(G)(i) to
contractors referred to in that paragraph, including
through the maintenance of a single location (including
an Internet website, to the extent consistent with
security considerations) at or through which such
contractors may access such orders, directives, and
instructions.
(b) Contract Clause on Contractors Performing Private
Security Functions.--
(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 (41 U.S.C. 421) shall be revised to require
the insertion into each covered contract (or, in the
case of a task order, the contract under which the task
order is issued) of a contract clause addressing the
selection, training, equipping, and conduct of
personnel performing private security functions under
such contract.
(2) Clause requirement.--The contract clause
required by paragraph (1) shall require, at a minimum,
that the contractor concerned shall--
(A) comply with regulations prescribed
under subsection (a), including any revisions
or updates to such regulations, and follow the
procedures established in such regulations
for--
(i) registering, processing,
accounting for, and keeping appropriate
records of personnel performing private
security functions in an area of combat
operations;
(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;
(iii) registration and
identification of armored vehicles,
helicopters, and other military
vehicles operated by contractors and
subcontractors performing private
security functions in an area of combat
operations; and
(iv) the reporting of incidents in
which--
(I) a weapon is discharged
by personnel performing private
security functions in an area
of combat operations;
(II) personnel performing
private security functions in
an area of combat operations
are killed or injured; or
(III) persons are killed or
injured, or property is
destroyed, as a result of
conduct by contractor
personnel;
(B) ensure that all personnel performing
private security functions under such contract
are briefed on and understand their obligation
to comply with--
(i) qualification, training,
screening (including, if practicable,
through background checks), and
security requirements established by
the Secretary of Defense for personnel
performing private security functions
in an area of combat operations;
(ii) applicable laws and
regulations of the United States and
the host country, and applicable
treaties and international agreements,
regarding the performance of the
functions of the contractor;
(iii) orders, directives, and
instructions issued by the applicable
commander of a combatant command
relating to equipment, force
protection, security, health, safety,
or relations and interaction with
locals; and
(iv) rules on the use of force
issued by the applicable commander of a
combatant command for personnel
performing private security functions
in an area of combat operations; and
(C) cooperate with any investigation
conducted by the Department of Defense pursuant
to subsection (a)(2)(E) by providing access to
employees of the contractor and relevant
information in the possession of the contractor
regarding the incident concerned.
(3) Noncompliance of personnel with clause.--The
contracting officer for a covered contract may direct
the contractor, at its own expense, to remove or
replace any personnel performing private security
functions in an area of combat operations who violate
or fail to comply with applicable requirements of the
clause required by this subsection. If the violation or
failure to comply is a gross violation or failure or is
repeated, the contract may be terminated for default.
(4) Applicability.--The contract clause required by
this subsection shall be included in all covered
contracts awarded on or after the date that is 180 days
after the date of the enactment of this Act. Federal
agencies shall make best efforts to provide for the
inclusion of the contract clause required by this
subsection in covered contracts awarded before such
date.
(5) Inspector general report on pilot program on
imposition of fines for noncompliance of personnel with
clause.--Not later than March 30, 2008, the Inspector
General of the Department of Defense shall submit to
Congress a report assessing the feasibility and
advisability of carrying out a pilot program for the
imposition of fines on contractors for personnel who
violate or fail to comply with applicable requirements
of the clause required by this section as a mechanism
for enhancing the compliance of such personnel with the
clause. The report shall include--
(A) an assessment of the feasibility and
advisability of carrying out the pilot program;
and
(B) if the Inspector General determines
that carrying out the pilot program is feasible
and advisable--
(i) recommendations on the range of
contracts and subcontracts to which the
pilot program should apply; and
(ii) a schedule of fines to be
imposed under the pilot program for
various types of personnel actions or
failures.
(c) Areas of Combat Operations.--
(1) Designation.--The Secretary of Defense shall
designate the areas constituting an area of combat
operations for purposes of this section by not later
than 120 days after the date of the enactment of this
Act.
(2) Particular areas.--Iraq and Afghanistan shall
be included in the areas designated as an area of
combat operations under paragraph (1).
(3) Additional areas.--The Secretary may designate
any additional area as an area constituting an area of
combat operations for purposes of this section if the
Secretary 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.
(4) Modification or elimination of designation.--
The Secretary may modify or cease the designation of an
area under this subsection as an area of combat
operations if the Secretary determines that combat
operations are no longer ongoing in such area.
(d) Exception.--The requirements of this section shall not
apply to contracts entered into by elements of the intelligence
community in support of intelligence activities.
SEC. 863. COMPTROLLER GENERAL REVIEWS AND REPORTS ON CONTRACTING IN
IRAQ AND AFGHANISTAN.
(a) Reviews and Reports Required.--
(1) In general.--Every 12 months, the Comptroller
General shall review contracts in Iraq or Afghanistan
and submit to the relevant committees of Congress a
report on such review.
(2) Matters covered.--A report under this
subsection shall cover the following with respect to
the contracts in Iraq or Afghanistan reviewed for the
report:
(A) Total number of contracts and task
orders awarded during the period covered by the
report.
(B) Total number of active contracts and
task orders.
(C) Total value of all contracts and task
orders awarded during the reporting period.
(D) Total value of active contracts and
task orders.
(E) The extent to which such contracts have
used competitive procedures.
(F) Total number of contractor personnel
working on contracts during the reporting
period.
(G) Total number of contractor personnel,
on average, who are performing security
functions during the reporting period.
(H) The number of contractor personnel
killed or wounded during the reporting period.
(I) Information on any specific contract or
class of contracts that the Comptroller General
determines raises issues of significant
concern.
(3) Submission of reports.--The Comptroller General
shall submit an initial report under this subsection
not later than October 1, 2008, and shall submit an
updated report every year thereafter until October 1,
2010.
(b) Access to Databases on Contracts.--The Secretary of
Defense and the Secretary of State shall provide full access to
the databases described in section 861(b)(4) to the Comptroller
General for purposes of the reviews carried out under this
section.
SEC. 864. DEFINITIONS AND OTHER GENERAL PROVISIONS.
(a) Definitions.--In this subtitle:
(1) Matters relating to contracting.--The term
``matters relating to contracting'', with respect to
contracts in Iraq and Afghanistan, means all matters
relating to awarding, funding, managing, tracking,
monitoring, and providing oversight to contracts and
contractor personnel.
(2) Contract in iraq or afghanistan.--The term
``contract in Iraq or Afghanistan'' means a contract
with the Department of Defense, the Department of
State, or the United States Agency for International
Development, a subcontract at any tier issued under
such a contract, or a task order or delivery order at
any tier issued under such a contract (including a
contract, subcontract, or task order or delivery order
issued by another Government agency for the Department
of Defense, the Department of State, or the United
States Agency for International Development), if the
contract, subcontract, or task order or delivery order
involves work performed in Iraq or Afghanistan for a
period longer than 14 days.
(3) Covered contract.--The term ``covered
contract'' means--
(A) a contract of a Federal agency for the
performance of services in an area of combat
operations, as designated by the Secretary of
Defense under subsection (c) of section 862;
(B) a subcontract at any tier under such a
contract; or
(C) a task order or delivery order issued
under such a contract or subcontract.
(4) Contractor.--The term ``contractor'', with
respect to a covered contract, means the contractor or
subcontractor carrying out the covered contract.
(5) Private security functions.--The term ``private
security functions'' means activities engaged in by a
contractor under a covered contract as follows:
(A) Guarding of personnel, facilities, or
property of a Federal agency, the contractor or
subcontractor, or a third party.
(B) Any other activity for which personnel
are required to carry weapons in the
performance of their duties.
(6) Relevant committees of congress.--The term
``relevant committees of Congress'' means each of the
following committees:
(A) The Committees on Armed Services of the
Senate and the House of Representatives.
(B) The Committee on Homeland Security and
Governmental Affairs of the Senate and the
Committee on Oversight and Government Reform of
the House of Representatives.
(C) The Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs
of the House of Representatives.
(D) For purposes of contracts relating to
the National Foreign Intelligence Program, the
Select Committee on Intelligence of the Senate
and the Permanent Select Committee on
Intelligence of the House of Representatives.
(b) Classified Information.--Nothing in this subtitle shall
be interpreted to require the handling of classified
information or information relating to intelligence sources and
methods in a manner inconsistent with any law, regulation,
executive order, or rule of the House of Representatives or of
the Senate relating to the handling or protection of such
information.
Subtitle G--Defense Materiel Readiness Board
SEC. 871. ESTABLISHMENT OF DEFENSE MATERIEL READINESS BOARD.
(a) Establishment.--Not later than six months after the
date of the enactment of this Act, the Secretary of Defense
shall establish a Defense Materiel Readiness Board (in this
subtitle referred to as the ``Board'') within the Office of the
Secretary of Defense.
(b) Membership.--The Secretary shall appoint the chairman
and the members of the Board from among officers of the Armed
Forces with expertise in matters relevant to the function of
the Board to assess materiel readiness and evaluate plans and
policies relating to materiel readiness. At a minimum, the
Board shall include representatives of the Joint Chiefs of
Staff, each of the Armed Forces, and each of the reserve
components of the Armed Forces.
(c) Staff.--The Secretary of Defense shall assign staff,
and request the Secretaries of the military departments to
assign staff, as necessary to assist the Board in carrying out
its duties.
(d) Functions.--The Board shall provide independent
assessments of materiel readiness, material readiness
shortfalls, and material readiness plans to the Secretary of
Defense and the Congress. To carry out such functions, the
Board shall--
(1) monitor and assess the materiel readiness of
the Armed Forces;
(2) assist the Secretary of Defense in the
identification of deficiencies in the material
readiness of the Armed Forces caused by shortfalls in
weapons systems, equipment, and supplies;
(3) identify shortfalls in materiel readiness,
including critical materiel readiness shortfalls, for
purposes of the Secretary's designations under section
872 and the funding needed to address such shortfalls;
(4) assess the adequacy of current Department of
Defense plans, policies, and programs to address
shortfalls in materiel readiness, including critical
materiel readiness shortfalls (as designated by the
Secretary under section 872), and to sustain and
improve materiel readiness;
(5) assist the Secretary of Defense in determining
whether the industrial capacity of the Department of
Defense and of the defense industrial base is being
best utilized to support the materiel readiness needs
of the Armed Forces;
(6) review and assess Department of Defense systems
for measuring the status of current materiel readiness
of the Armed Forces; and
(7) make recommendations with respect to materiel
readiness funding, measurement techniques, plans,
policies, and programs.
(e) Reports.--The Board shall submit to the Secretary of
Defense a report summarizing its findings and recommendations
not less than once every six months. Within 30 days after
receiving a report from the Board, the Secretary shall forward
the report in its entirety, together with his comments, to the
congressional defense committees. The report shall be submitted
in unclassified form. To the extent necessary, the report may
be accompanied by a classified annex.
SEC. 872. CRITICAL MATERIEL READINESS SHORTFALLS.
(a) Designation of Critical Materiel Readiness
Shortfalls.--
(1) Designation.--The Secretary of Defense may
designate any requirement of the Armed Forces for
equipment or supplies as a critical materiel readiness
shortfall if there is a shortfall in the required
equipment or supplies that materially reduces readiness
of the Armed Forces and that--
(A) cannot be adequately addressed by
identifying acceptable substitute capabilities
or cross leveling of equipment that does not
unacceptably reduce the readiness of other
Armed Forces; and
(B) that is likely to persist for more than
two years based on currently projected budgets
and schedules for deliveries of equipment and
supplies.
(2) Consideration of board findings and
recommendations.--In making any such designation, the
Secretary shall take into consideration the findings
and recommendations of the Defense Materiel Readiness
Board.
(b) Measures To Address Critical Materiel Readiness
Shortfalls.--The Secretary of Defense shall ensure that
critical materiel readiness shortfalls designated pursuant to
subsection (a)(1) are transmitted to the relevant officials of
the Department of Defense responsible for requirements,
budgets, and acquisition, and that such officials prioritize
and address such shortfalls in the shortest time frame
practicable.
(c) Transfer Authority.--
(1) In general.--The amounts of authorizations that
the Secretary may transfer under the authority of
section 1001 of this Act is hereby increased by
$2,000,000,000.
(2) Limitations.--The additional transfer authority
provided by this section--
(A) may be made only from authorizations to
the Department of Defense for fiscal year 2008;
(B) may be exercised solely for the purpose
of addressing critical materiel readiness
shortfalls as designated by the Secretary of
Defense under subsection (a); and
(C) is subject to the same terms,
conditions, and procedures as other transfer
authority under section 1001 of this Act.
(d) Strategic Readiness Fund.--
(1) Establishment.--There is established on the
books of the Treasury a fund to be known as the
Department of Defense Strategic Readiness Fund (in this
subsection referred to as the ``Fund''), which shall be
administered by the Secretary of the Treasury.
(2) Purposes.--The Fund shall be used to address
critical materiel readiness shortfalls as designated by
the Secretary of Defense under subsection (a).
(3) Assets of fund.--There shall be deposited into
the Fund any amount appropriated to the Fund, which
shall constitute the assets of the Fund.
(4) Limitation.--The procurement unit cost (as
defined in section 2432(a) of title 10, United States
Code) of any item purchased using assets of the Fund,
whether such assets are in the Fund or after such
assets have been transferred from the Fund using the
authority provided in subsection (c), shall not exceed
$30,000,000.
(e) Multiyear Contract Notification.--
(1) Notification.--If the Secretary of a military
department makes the determination described in
paragraph (2) with respect to the use of a multiyear
contract, the Secretary shall notify the congressional
defense committees within 30 days of the determination
and provide a detailed description of the proposed
multiyear contract.
(2) Determination.--The determination referred to
in paragraph (1) is a determination by the Secretary of
a military department that the use of a multiyear
contract to procure an item to address a critical
materiel readiness shortfall--
(A) will significantly accelerate efforts
to address a critical materiel readiness
shortfall;
(B) will provide savings compared to the
total anticipated costs of carrying out the
contract through annual contracts; and
(C) will serve the interest of national
security.
(f) Definition.--In this section, the term ``critical
materiel readiness shortfall'' means a critical materiel
readiness shortfall designated by the Secretary of Defense
under this section.
Subtitle H--Other Matters
SEC. 881. CLEARINGHOUSE FOR RAPID IDENTIFICATION AND DISSEMINATION OF
COMMERCIAL INFORMATION TECHNOLOGIES.
(a) Requirement To Establish Clearinghouse.--Not later than
180 days after the date of the enactment of this Act, the
Secretary of Defense, acting through the Assistant Secretary of
Defense for Networks and Information Integration, shall
establish a clearinghouse for identifying, assessing, and
disseminating knowledge about readily available information
technologies (with an emphasis on commercial off-the-shelf
information technologies) that could support the warfighting
mission of the Department of Defense.
(b) Responsibilities.--The clearinghouse established
pursuant to subsection (a) shall be responsible for the
following:
(1) Developing a process to rapidly assess and set
priorities and needs for significant information
technology needs of the Department of Defense that
could be met by commercial technologies, including a
process for--
(A) aligning priorities and needs with the
requirements of the commanders of the combatant
command; and
(B) proposing recommendations to the
commanders of the combatant command of feasible
technical solutions for further evaluation.
(2) Identifying and assessing emerging commercial
technologies (including commercial off-the-shelf
technologies) that could support the warfighting
mission of the Department of Defense, including the
priorities and needs identified pursuant to paragraph
(1).
(3) Disseminating information about commercial
technologies identified pursuant to paragraph (2) to
commanders of combatant commands and other potential
users of such technologies.
(4) Identifying gaps in commercial technologies and
working to stimulate investment in research and
development in the public and private sectors to
address those gaps.
(5) Enhancing internal data and communications
systems of the Department of Defense for sharing and
retaining information regarding commercial technology
priorities and needs, technologies available to meet
such priorities and needs, and ongoing research and
development directed toward gaps in such technologies.
(6) Developing mechanisms, including web-based
mechanisms, to facilitate communications with industry
regarding the priorities and needs of the Department of
Defense identified pursuant to paragraph (1) and
commercial technologies available to address such
priorities and needs.
(7) Assisting in the development of guides to help
small information technology companies with promising
technologies to understand and navigate the funding and
acquisition processes of the Department of Defense.
(8) Developing methods to measure how well
processes developed by the clearinghouse are being
utilized and to collect data on an ongoing basis to
assess the benefits of commercial technologies that are
procured on the recommendation of the clearinghouse.
(c) Personnel.--The Secretary of Defense, acting through
the Assistant Secretary of Defense for Networks and Information
Integration, shall provide for the hiring and support of
employees (including detailees from other components of the
Department of Defense and from other Federal departments or
agencies) to assist in identifying, assessing, and
disseminating information regarding commercial technologies
under this section.
(d) Report to Congress.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on the implementation of this section.
SEC. 882. AUTHORITY TO LICENSE CERTAIN MILITARY DESIGNATIONS AND
LIKENESSES OF WEAPONS SYSTEMS TO TOY AND HOBBY
MANUFACTURERS.
(a) Authority To License Certain Items.--Section 2260 of
title 10, United States Code, is amended--
(1) by redesignating subsections (c), (d), and (e)
as subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following
new subsection:
``(c) Licenses for Qualifying Companies.--(1) The Secretary
concerned may license trademarks, service marks, certification
marks, and collective marks owned or controlled by the
Secretary relating to military designations and likenesses of
military weapons systems to any qualifying company upon receipt
of a request from the company.
``(2) For purposes of paragraph (1), a qualifying company
is any United States company that--
``(A) is a toy or hobby manufacturer; and
``(B) is determined by the Secretary concerned to
be qualified in accordance with such criteria as
determined appropriate by the Secretary of Defense.
``(3) The fee for a license under this subsection shall not
exceed by more than a nominal amount the amount needed to
recover all costs of the Department of Defense in processing
the request for the license and supplying the license.
``(4) A license to a qualifying company under this
subsection shall provide that the license may not be
transferred, sold, or relicensed by the qualifying company.
``(5) A license under this subsection shall not be an
exclusive license.''.
(b) Effective Date.--The Secretary of Defense shall
prescribe regulations to implement the amendment made by this
section not later than 180 days after the date of the enactment
of this Act.
SEC. 883. MODIFICATIONS TO LIMITATION ON CONTRACTS TO ACQUIRE MILITARY
FLIGHT SIMULATOR.
(a) Effect on Existing Contracts.--Section 832 of the John
Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2331) is amended by adding at
the end the following new subsection:
``(e) Effect on Existing Contracts.--The limitation in
subsection (a) does not apply to any service contract of a
military department to acquire a military flight simulator, or
to any renewal or extension of, or follow-on contract to, such
a contract, if--
``(1) the contract was in effect as of October 17,
2006;
``(2) the number of flight simulators to be
acquired under the contract (or renewal, extension, or
follow-on) will not result in the total number of
flight simulators acquired by the military department
concerned through service contracts to exceed the total
number of flight simulators to be acquired under all
service contracts of such department for such
simulators in effect as of October 17, 2006; and
``(3) in the case of a renewal or extension of, or
follow-on contract to, the contract, the Secretary of
the military department concerned provides to the
congressional defense committees a written notice of
the decision to exercise an option to renew or extend
the contract, or to issue a solicitation for bids or
proposals using competitive procedures for a follow-on
contract, and an economic analysis as described in
subsection (c) supporting the decision, at least 30
days before carrying out such decision.''.
(b) Change in Grounds for Waiver.--Section 832(c)(1) of
such Act, as redesignated by subsection (a), is amend by
striking ``necessary for national security purposes'' and
inserting ``in the national interest''.
SEC. 884. REQUIREMENTS RELATING TO WAIVERS OF CERTAIN DOMESTIC SOURCE
LIMITATIONS RELATING TO SPECIALTY METALS.
(a) Notice Requirement.--At least 30 days prior to making a
domestic nonavailability determination pursuant to section
2533b(b) of title 10, United States Code, that would apply to
more than one contract of the Department of Defense, the
Secretary of Defense shall, to the maximum extent practicable
and in a manner consistent with the protection of national
security information and confidential business information--
(1) publish a notice on the website maintained by
the General Services Administration known as
FedBizOpps.gov (or any successor site) of the
Secretary's intent to make the domestic nonavailability
determination; and
(2) solicit information relevant to such notice
from interested parties, including producers of
specialty metal mill products.
(b) Determination.--(1) The Secretary shall take into
consideration all information submitted pursuant to subsection
(a) in making a domestic nonavailability determination pursuant
to section 2533b(b) of title 10, United States Code, that would
apply to more than one contract of the Department of Defense,
and may also consider other relevant information that cannot be
made part of the public record consistent with the protection
of national security information and confidential business
information.
(2) The Secretary shall ensure that any such determination
and the rationale for such determination is made publicly
available to the maximum extent consistent with the protection
of national security information and confidential business
information.
SEC. 885. TELEPHONE SERVICES FOR MILITARY PERSONNEL SERVING IN COMBAT
ZONES.
(a) Competitive Procedures Required.--
(1) Requirement.--When the Secretary of Defense
considers it necessary to provide morale, welfare, and
recreation telephone services for military personnel
serving in combat zones, the Secretary shall use
competitive procedures when entering into a contract to
provide those services.
(2) Review and determination.--Before soliciting
bids or proposals for new contracts, or considering
extensions to existing contracts, to provide morale,
welfare, and recreation telephone services for military
personnel serving in combat zones, the Secretary shall
review and determine whether it is in the best interest
of the Department to require bids or proposals, or
adjustments for the purpose of extending a contract, to
include options that minimize the cost of the telephone
services to individual users while providing individual
users the flexibility of using phone cards from other
than the prospective contractor. The Secretary shall
submit the results of this review and determination to
the Committees on Armed Services of the Senate and the
House of Representatives.
(b) Effective Date.--
(1) Requirement.--Subsection (a)(1) shall apply to
any new contract to provide morale, welfare, and
recreation telephone services for military personnel
serving in combat zones that is entered into after the
date of the enactment of this Act.
(2) Review and determination.--Subsection (a)(2)
shall apply to any new contract or extension to an
existing contract to provide morale, welfare, and
recreation telephone services for military personnel
serving in combat zones that is entered into or agreed
upon after the date of the enactment of this Act.
SEC. 886. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES PRODUCED
IN IRAQ AND AFGHANISTAN.
(a) In General.--In the case of a product or service to be
acquired in support of military operations or stability
operations in Iraq or Afghanistan (including security,
transition, reconstruction, and humanitarian relief activities)
for which the Secretary of Defense makes a determination
described in subsection (b), the Secretary may conduct a
procurement in which--
(1) competition is limited to products or services
that are from Iraq or Afghanistan;
(2) procedures other than competitive procedures
are used to award a contract to a particular source or
sources from Iraq or Afghanistan; or
(3) a preference is provided for products or
services that are from Iraq or Afghanistan.
(b) Determination.--A determination described in this
subsection is a determination by the Secretary that--
(1) the product or service concerned is to be used
only by the military forces, police, or other security
personnel of Iraq or Afghanistan; or
(2) it is in the national security interest of the
United States to limit competition, use procedures
other than competitive procedures, or provide a
preference as described in subsection (a) because--
(A) such limitation, procedure, or
preference is necessary to provide a stable
source of jobs in Iraq or Afghanistan; and
(B) such limitation, procedure, or
preference will not adversely affect--
(i) military operations or
stability operations in Iraq or
Afghanistan; or
(ii) the United States industrial
base.
(c) Products, Services, and Sources From Iraq or
Afghanistan.--For the purposes of this section:
(1) A product is from Iraq or Afghanistan if it is
mined, produced, or manufactured in Iraq or
Afghanistan.
(2) A service is from Iraq or Afghanistan if it is
performed in Iraq or Afghanistan by citizens or
permanent resident aliens of Iraq or Afghanistan.
(3) A source is from Iraq or Afghanistan if it--
(A) is located in Iraq or Afghanistan; and
(B) offers products or services that are
from Iraq or Afghanistan.
SEC. 887. DEFENSE SCIENCE BOARD REVIEW OF DEPARTMENT OF DEFENSE
POLICIES AND PROCEDURES FOR THE ACQUISITION OF
INFORMATION TECHNOLOGY.
(a) Review Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
direct the Defense Science Board to carry out a review of
Department of Defense policies and procedures for the
acquisition of information technology.
(b) Matters To Be Addressed.--The matters addressed by the
review required by subsection (a) shall include the following:
(1) Department of Defense policies and procedures
for acquiring national security systems, business
information systems, and other information technology.
(2) The roles and responsibilities in implementing
such policies and procedures of--
(A) the Under Secretary of Defense for
Acquisition, Technology, and Logistics;
(B) the Chief Information Officer of the
Department of Defense;
(C) the Director of the Business
Transformation Agency;
(D) the service acquisition executives;
(E) the chief information officers of the
military departments;
(F) Defense Agency acquisition officials;
(G) the information officers of the Defense
Agencies; and
(H) the Director of Operational Test and
Evaluation and the heads of the operational
test organizations of the military departments
and the Defense Agencies.
(3) The application of such policies and procedures
to information technologies that are an integral part
of weapons or weapon systems.
(4) The requirements of subtitle III of title 40,
United States Code, and chapter 35 of title 44, United
States Code, regarding performance-based and results-
based management, capital planning, and investment
control in the acquisition of information technology.
(5) Department of Defense policies and procedures
for maximizing the usage of commercial information
technology while ensuring the security of the
microelectronics, software, and networks of the
Department.
(6) The suitability of Department of Defense
acquisition regulations, including Department of
Defense Directive 5000.1 and the accompanying
milestones, to the acquisition of information
technology systems.
(7) The adequacy and transparency of metrics used
by the Department of Defense for the acquisition of
information technology systems.
(8) The effectiveness of existing statutory and
regulatory reporting requirements for the acquisition
of information technology systems.
(9) The adequacy of operational and development
test resources (including infrastructure and
personnel), policies, and procedures to ensure
appropriate testing of information technology systems
both during development and before operational use.
(10) The appropriate policies and procedures for
technology assessment, development, and operational
testing for purposes of the adoption of commercial
technologies into information technology systems.
(c) Report Required.--Not later than one year after the
date of enactment of this Act, the Secretary shall submit to
the 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.
SEC. 888. GREEN PROCUREMENT POLICY.
(a) Sense of Congress.--It is the sense of Congress that
the Department of Defense should establish a system to document
and track the use of environmentally preferable products and
services.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on a plan to increase the usage of
environmentally friendly products that minimize potential
impacts to human health and the environment at all Department
of Defense facilities inside and outside the United States,
including through the direct purchase of products and the
purchase of products by facility maintenance contractors. The
report shall also cover consideration of the budgetary impact
of implementation of the plan.
SEC. 889. COMPTROLLER GENERAL REVIEW OF USE OF AUTHORITY UNDER THE
DEFENSE PRODUCTION ACT OF 1950.
(a) Thorough Review Required.--The Comptroller General of
the United States (in this section referred to as the
``Comptroller'') shall conduct a thorough review of the
application of the Defense Production Act of 1950, covering the
period beginning on the date of the enactment of the Defense
Production Act Reauthorization of 2003 (Public Law 108-195) and
ending on the date of the enactment of this Act.
(b) Considerations.--In conducting the review required by
this section, the Comptroller shall examine--
(1) the relevance and utility of the authorities
provided under the Defense Production Act of 1950 to
meet the security challenges of the 21st Century;
(2) the manner in which the authorities provided
under such Act have been used by the Federal
Government--
(A) to meet security challenges;
(B) to meet current and future defense
requirements;
(C) to meet current and future energy
requirements;
(D) to meet current and future domestic
emergency and disaster response and recovery
requirements;
(E) to reduce the interruption of critical
infrastructure operations during a terrorist
attack, natural catastrophe, or other similar
national emergency; and
(F) to safeguard critical components of the
United States industrial base, including
American aerospace and shipbuilding industries;
(3) the economic impact of foreign offset
contracts;
(4) the relative merit of developing rapid and
standardized systems for use of the authorities
provided under the Defense Production Act of 1950, by
any Federal agency; and
(5) such other issues as the Comptroller determines
relevant.
(c) Report to Congress.--Not later than 150 days after the
date of the enactment of this Act, the Comptroller shall submit
to the Committees on Armed Services and on Banking, Housing,
and Urban Affairs of the Senate and the Committees on Armed
Services and on Financial Services of the House of
Representatives a report on the review conducted under this
section.
(d) Rules of Construction on Protection of Information.--
Notwithstanding any other provision of law--
(1) the provisions of section 705(d) of the Defense
Production Act of 1950 (50 U.S.C. App. 2155(d)) shall
not apply to information sought or obtained by the
Comptroller for purposes of the review required by this
section; and
(2) provisions of law pertaining to the protection
of classified information or proprietary information
otherwise applicable to information sought or obtained
by the Comptroller in carrying out this section shall
not be affected by any provision of this section.
SEC. 890. PREVENTION OF EXPORT CONTROL VIOLATIONS.
(a) Prevention of Export Control Violations.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall prescribe regulations requiring any
contractor under a contract with the Department of Defense to
provide goods or technology that is subject to export controls
under the Arms Export Control Act or the Export Administration
of 1979 (as continued in effect under the International
Emergency Economic Powers Act) to comply with those Acts and
applicable regulations with respect to such goods and
technology, including the International Traffic in Arms
Regulations and the Export Administration Regulations.
Regulations prescribed under this subsection shall include a
contract clause enforcing such requirement.
(b) Training on Export Controls.--The Secretary of Defense
shall ensure that any contractor under a contract with the
Department of Defense to provide goods or technology that is
subject to export controls under the Arms Export Control Act or
the Export Administration of 1979 (as continued in effect under
the International Emergency Economic Powers Act) is made aware
of any relevant resources made available by the Department of
State and the Department of Commerce to assist in compliance
with the requirement established by subsection (a) and the need
for a corporate compliance plan and periodic internal audits of
corporate performance under such plan.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report
assessing the utility of--
(1) requiring defense contractors (or
subcontractors at any tier) to periodically report on
measures taken to ensure compliance with the
International Traffic in Arms Regulations and the
Export Administration Regulations;
(2) requiring periodic audits of defense
contractors (or subcontractors at any tier) to ensure
compliance with all provisions of the International
Traffic in Arms Regulations and the Export
Administration Regulations;
(3) requiring defense contractors to maintain a
corporate training plan to disseminate information to
appropriate contractor personnel regarding the
applicability of the Arms Export Control Act and the
Export Administration Act of 1979; and
(4) requiring a designated corporate liaison,
available for training provided by the United States
Government, whose primary responsibility would be
contractor compliance with the Arms Export Control Act
and the Export Administration Act of 1979.
(d) Definitions.--In this section:
(1) Export administration regulations.--The term
``Export Administration Regulations'' means those
regulations contained in sections 730 through 774 of
title 15, Code of Federal Regulations (or successor
regulations).
(2) International traffic in arms regulations.--The
term ``International Traffic in Arms Regulations''
means those regulations contained in sections 120
through 130 of title 22, Code of Federal Regulations
(or successor regulations).
SEC. 891. PROCUREMENT GOAL FOR NATIVE HAWAIIAN-SERVING INSTITUTIONS AND
ALASKA NATIVE-SERVING INSTITUTIONS.
Section 2323 of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``and'' at the end of
subparagraph (C);
(B) by striking the period at the end of
subparagraph (D) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(E) Native Hawaiian-serving institutions
and Alaska Native-serving institutions (as
defined in section 317 of the Higher Education
Act of 1965).'';
(2) in subsection (a)(2), by inserting after
``Hispanic-serving institutions,'' the following:
``Native Hawaiian-serving institutions and Alaska
Native-serving institutions,'';
(3) in subsection (c)(1), by inserting after
``Hispanic-serving institutions,'' the following:
``Native Hawaiian-serving institutions and Alaska
Native-serving institutions,''; and
(4) in subsection (c)(3), by inserting after
``Hispanic-serving institutions,'' the following: ``to
Native Hawaiian-serving institutions and Alaska Native-
serving institutions,''.
SEC. 892. COMPETITION FOR PROCUREMENT OF SMALL ARMS SUPPLIED TO IRAQ
AND AFGHANISTAN.
(a) Competition Requirement.--For the procurement of
pistols and other weapons described in subsection (b), the
Secretary of Defense shall ensure, consistent with the
provisions of section 2304 of title 10, United States Code,
that--
(1) full and open competition is obtained to the
maximum extent practicable;
(2) no responsible United States manufacturer is
excluded from competing for such procurements; and
(3) products manufactured in the United States are
not excluded from the competition.
(b) Procurements Covered.--This section applies to the
procurement of the following:
(1) Pistols and other weapons less than 0.50
caliber for assistance to the Army of Iraq, the Iraqi
Police Forces, and other Iraqi security organizations.
(2) Pistols and other weapons less than 0.50
caliber for assistance to the Army of Afghanistan, the
Afghani Police Forces, and other Afghani security
organizations.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Repeal of limitation on major Department of Defense
headquarters activities personnel and related report.
Sec. 902. Flexibility to adjust the number of deputy chiefs and
assistant chiefs.
Sec. 903. Change in eligibility requirements for appointment to
Department of Defense leadership positions.
Sec. 904. Management of the Department of Defense.
Sec. 905. Revision in guidance relating to combatant command acquisition
authority.
Sec. 906. Department of Defense Board of Actuaries.
Sec. 907. Modification of background requirement of individuals
appointed as Under Secretary of Defense for Acquisition,
Technology, and Logistics.
Sec. 908. Assistant Secretaries of the military departments for
acquisition matters; principal military deputies.
Sec. 909. Sense of Congress on term of Office of the Director of
Operational Test and Evaluation.
Subtitle B--Space Activities
Sec. 911. Space protection strategy.
Sec. 912. Biennial report on management of space cadre within the
Department of Defense.
Sec. 913. Additional report on oversight of acquisition for defense
space programs.
Subtitle C--Chemical Demilitarization Program
Sec. 921. Chemical demilitarization citizens advisory commissions.
Sec. 922. Sense of Congress on completion of destruction of United
States chemical weapons stockpile.
Sec. 923. Repeal of certain qualifications requirement for director of
chemical demilitarization management organization.
Sec. 924. Modification of termination of assistance to State and local
governments after completion of the destruction of the United
States chemical weapons stockpile.
Subtitle D--Intelligence-Related Matters
Sec. 931. Technical amendments to title 10, United States Code, arising
from enactment of the Intelligence Reform and Terrorism
Prevention Act of 2004.
Subtitle E--Roles and Missions Analysis
Sec. 941. Requirement for quadrennial roles and missions review.
Sec. 942. Joint Requirements Oversight Council additional duties
relating to core mission areas.
Sec. 943. Requirement for certification of major systems prior to
technology development.
Sec. 944. Presentation of future-years mission budget by core mission
area.
Subtitle F--Other Matters
Sec. 951. Department of Defense consideration of effect of climate
change on Department facilities, capabilities, and missions.
Sec. 952. Interagency policy coordination.
Sec. 953. Expansion of employment creditable under service agreements
under National Security Education Program.
Sec. 954. Board of Regents for the Uniformed Services University of the
Health Sciences.
Sec. 955. Establishment of Department of Defense School of Nursing.
Sec. 956. Inclusion of commanders of Western Hemisphere combatant
commands in Board of Visitors of Western Hemisphere Institute
for Security Cooperation.
Sec. 957. Comptroller General assessment of reorganization of the Office
of the Under Secretary of Defense for Policy.
Sec. 958. Report on foreign language proficiency.
Subtitle A--Department of Defense Management
SEC. 901. REPEAL OF LIMITATION ON MAJOR DEPARTMENT OF DEFENSE
HEADQUARTERS ACTIVITIES PERSONNEL AND RELATED
REPORT.
(a) Repeal of Limitation.--
(1) Repeal.--Section 130a of title 10, United
States Code, is repealed.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 3 of such title is amended by
striking the item relating to section 130a.
(b) Report Required.--The Secretary of Defense shall
include a report with the defense budget materials for each
fiscal year that includes the following information:
(1) The average number of military personnel and
civilian employees of the Department of Defense
assigned to major Department of Defense headquarters
activities for each component of the Department of
Defense during the preceding fiscal year.
(2) The total increase in personnel assigned to
major headquarters activities, if any, during the
preceding fiscal year--
(A) attributable to the replacement of
contract personnel with military personnel or
civilian employees of the Department of
Defense, including the number of positions
associated with the replacement of contract
personnel performing inherently governmental
functions; and
(B) attributable to reasons other than the
replacement of contract personnel with military
personnel or civilian employees of the
Department, such as workload or operational
demand increases.
(3) An estimate of the cost savings, if any,
associated with the elimination of contracts for the
performance of major headquarters activities.
(4) The number of military personnel and civilian
employees of the Department of Defense assigned to
major headquarters activities for each component of the
Department of Defense as of October 1 of the preceding
fiscal year.
(c) Definitions.--In this section:
(1) Defense budget materials.--The term ``defense
budget materials'', with respect to a fiscal year,
means the materials submitted to Congress by the
Secretary of Defense in support of the budget for that
fiscal year that is submitted to Congress by the
President under section 1105 of title 31, United States
Code.
(2) Contract personnel.--The term ``contract
personnel'' means persons hired under a contract with
the Department of Defense for the performance of major
Department of Defense headquarters activities.
SEC. 902. FLEXIBILITY TO ADJUST THE NUMBER OF DEPUTY CHIEFS AND
ASSISTANT CHIEFS.
(a) Army.--Section 3035(b) of title 10, United States Code,
is amended to read as follows:
``(b) The Secretary of the Army shall prescribe the number
of Deputy Chiefs of Staff and Assistant Chiefs of Staff, for a
total of not more than eight positions.''.
(b) Navy.--
(1) Deputy chiefs of naval operations.--Section
5036(a) of title 10, United States Code, is amended--
(A) by striking ``There are in the Office
of the Chief of Naval Operations not more than
five Deputy Chiefs of Naval Operations,'' and
inserting ``There are Deputy Chiefs of Naval
Operations in the Office of the Chief of Naval
Operations,''; and
(B) by adding at the end the following:
``The Secretary of the Navy shall prescribe the
number of Deputy Chiefs of Naval Operations
under this section and Assistant Chiefs of
Naval Operations under section 5037 of this
title, for a total of not more than eight
positions.''.
(2) Assistant chiefs of naval operations.--Section
5037(a) of such title is amended--
(A) by striking ``There are in the Office
of the Chief of Naval Operations not more than
three Assistant Chiefs of Naval Operations,''
and inserting ``There are Assistant Chiefs of
Naval Operations in the Office of the Chief of
Naval Operations,''; and
(B) by adding at the end the following:
``The Secretary of the Navy shall prescribe the
number of Assistant Chiefs of Naval Operations
in accordance with section 5036(a) of this
title.''.
(c) Air Force.--Section 8035(b) of title 10, United States
Code, is amended to read as follows:
``(b) The Secretary of the Air Force shall prescribe the
number of Deputy Chiefs of Staff and Assistant Chiefs of Staff,
for a total of not more than eight positions.''.
SEC. 903. CHANGE IN ELIGIBILITY REQUIREMENTS FOR APPOINTMENT TO
DEPARTMENT OF DEFENSE LEADERSHIP POSITIONS.
(a) Secretary of Defense.--Section 113(a) of title 10,
United States Code, is amended by striking ``10'' and inserting
``seven''.
(b) Deputy Secretary of Defense.--Section 132(a) of such
title is amended by striking ``ten'' and inserting ``seven''.
(c) Under Secretary of Defense for Policy.--Section 134(a)
of such title is amended by striking ``10'' and inserting
``seven''.
SEC. 904. MANAGEMENT OF THE DEPARTMENT OF DEFENSE.
(a) Assignment of Management Duties and Designation of a
Chief Management Officer and Deputy Chief Management Officer of
the Department of Defense.--
(1) Establishment of position.--Section 132 of
title 10, United States Code is amended--
(A) by redesignating subsection (c) as
subsection (d); and
(B) by inserting after subsection (b) the
following new subsection (c):
``(c) The Deputy Secretary serves as the Chief Management
Officer of the Department of Defense. The Deputy Secretary
shall be assisted in this capacity by a Deputy Chief Management
Officer, who shall be appointed from civilian life by the
President, by and with the advice and consent of the Senate.''.
(2) Assignment of duties.--
(A) The Secretary of Defense shall assign
duties and authorities relating to the
management of the business operations of the
Department of Defense.
(B) The Secretary shall assign such duties
and authorities to the Chief Management Officer
as are necessary for that official to
effectively and efficiently organize the
business operations of the Department of
Defense.
(C) The Secretary shall assign such duties
and authorities to the Deputy Chief Management
Officer as are necessary for that official to
assist the Chief Management Officer to
effectively and efficiently organize the
business operations of the Department of
Defense.
(D) The Deputy Chief Management Officer
shall perform the duties and have the
authorities assigned by the Secretary under
subparagraph (C) and perform such duties and
have such authorities as are delegated by the
Chief Management Officer.
(3) Executive schedule level iii.--Section 5314 of
title 5, United States Code, is amended by inserting
after the item relating to the Under Secretary of
Defense for Intelligence the following new item:
``Deputy Chief Management Officer of the Department
of Defense.''.
(4) Placement in osd.--Section 131(b)(2) of title
10, United States Code, is amended--
(A) by redesignating paragraphs (3) through
(8) as paragraphs (4) through (9),
respectively; and
(B) by inserting after paragraph (2) the
following new paragraph (3):
``(3) The Deputy Chief Management Officer of the
Department of Defense.''.
(b) Assignment of Management Duties and Designation of the
Chief Management Officers of the Military Departments.--
(1) The Secretary of a military department shall
assign duties and authorities relating to the
management of the business operations of such military
department.
(2) The Secretary of a military department, in
assigning duties and authorities under paragraph (1)
shall designate the Under Secretary of such military
department to have the primary management
responsibility for business operations, to be known in
the performance of such duties as the Chief Management
Officer.
(3) The Secretary shall assign such duties and
authorities to the Chief Management Officer as are
necessary for that official to effectively and
efficiently organize the business operations of the
military department concerned.
(4) The Chief Management Officer of each military
department shall promptly provide such information
relating to the business operations of such department
to the Chief Management Officer and Deputy Chief
Management Officer of the Department of Defense as is
necessary to assist those officials in the performance
of their duties.
(c) Management of Defense Business Transformation Agency.--
Section 192(e)(2) of title 10, United States Code, is amended
by striking ``that the Agency'' and all that follows and
inserting ``that the Director of the Agency shall report
directly to the Deputy Chief Management Officer of the
Department of Defense.''.
(d) Strategic Management Plan Required.--
(1) Requirement.--The Secretary of Defense, acting
through the Chief Management Officer of the Department
of Defense, shall develop a strategic management plan
for the Department of Defense.
(2) Matters covered.--Such plan shall include, at a
minimum, detailed descriptions of--
(A) performance goals and measures for
improving and evaluating the overall efficiency
and effectiveness of the business operations of
the Department of Defense and achieving an
integrated management system for business
support areas within the Department of Defense;
(B) key initiatives to be undertaken by the
Department of Defense to achieve the
performance goals under subparagraph (A),
together with related resource needs;
(C) procedures to monitor the progress of
the Department of Defense in meeting
performance goals and measures under
subparagraph (A);
(D) procedures to review and approve plans
and budgets for changes in business operations,
including any proposed changes to policies,
procedures, processes, and systems, to ensure
the compatibility of such plans and budgets
with the strategic management plan of the
Department of Defense; and
(E) procedures to oversee the development
of, and review and approve, all budget requests
for defense business systems.
(3) Updates.--The Secretary of Defense, acting
through the Chief Management Officer, shall update the
strategic management plan no later than July 1, 2009,
and every two years thereafter and provide a copy to
the Committees on Armed Services of the Senate and the
House of Representatives.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide
to the Committees on Armed Services of the Senate and the House
of Representatives a report on the implementation of this
section and a copy of the strategic management plan required by
subsection (d).
SEC. 905. REVISION IN GUIDANCE RELATING TO COMBATANT COMMAND
ACQUISITION AUTHORITY.
Subparagraph (B) of section 905(b)(1) of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2353) is amended by striking ``and
mutually supportive of''.
SEC. 906. DEPARTMENT OF DEFENSE BOARD OF ACTUARIES.
(a) Establishment.--
(1) In general.--Chapter 7 of title 10, United
States Code, is amended by inserting after section 182
the following new section:
``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').
``(b) Members.--(1) The Board shall consist of three
members who shall be appointed by the Secretary of Defense from
among qualified professional actuaries who are members of the
Society of Actuaries.
``(2) The members of the Board shall serve for a term of 15
years, except that a member of the Board appointed to fill a
vacancy occurring before the end of the term for which the
member's 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.
``(3) A member of the Board may be removed by the Secretary
of Defense only for misconduct or failure to perform functions
vested in the Board.
``(4) A member of the Board who is not an employee of the
United States is entitled to receive pay at the daily
equivalent of the annual rate of basic pay of the highest rate
of basic pay then currently being paid under the General
Schedule of subchapter III of chapter 53 of title 5 for each
day the member is engaged in the performance of the duties of
the Board and is entitled to travel expenses, including a per
diem allowance, in accordance with section 5703 of that title
in connection with such duties.
``(c) Duties.--The Board shall have the following duties:
``(1) To review valuations of the Department of
Defense Military Retirement Fund in accordance with
section 1465(c) of this title and submit to the
President and Congress, not less often than once every
four years, a report on the status of that Fund,
including such recommendations for modifications to the
funding or amortization of that Fund as the Board
considers appropriate and necessary to maintain that
Fund on a sound actuarial basis.
``(2) To review valuations of the Department of
Defense Education Benefits Fund in accordance with
section 2006(e) of this title and make recommendations
to the President and Congress on such modifications to
the funding or amortization of that Fund as the Board
considers appropriate to maintain that Fund on a sound
actuarial basis.
``(3) To review valuations of such other funds as
the 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.
``(d) Records.--The Secretary of Defense shall ensure that
the Board has access to such records regarding the funds
referred to in subsection (c) as the Board shall require to
determine the actuarial status of such funds.
``(e) Reports.--(1) The Board shall submit to the Secretary
of Defense on an annual basis a report on the actuarial status
of each of the following:
``(A) The Department of Defense Military Retirement
Fund.
``(B) The Department of Defense Education Benefits
Fund.
``(C) Each other fund specified by Secretary under
subsection (c)(3).
``(2) The Board shall also furnish its advice and opinion
on matters referred to it by the Secretary.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 7 of such title is amended by
inserting after the item relating to section 182 the
following new item:
``183. Department of Defense Board of Actuaries.''.
(3) Initial service as board members.--Each member
of the Department of Defense Retirement Board of
Actuaries or the Department of Defense Education
Benefits Board of Actuaries as of the date of the
enactment of this Act shall serve as an initial member
of the Department of Defense Board of Actuaries under
section 183 of title 10, United States Code (as added
by paragraph (1)), from that date until the date
otherwise provided for the completion of such
individual's term as a member of the Department of
Defense Retirement Board of Actuaries or the Department
of Defense Education Benefits Board of Actuaries, as
the case may be, unless earlier removed by the
Secretary of Defense.
(b) Termination of Existing Boards of Actuaries.--
(1) Department of defense retirement board of
actuaries.--(A) Section 1464 of title 10, United States
Code, is repealed.
(B) The table of sections at the beginning of
chapter 74 of such title is amended by striking the
item relating to section 1464.
(2) Department of defense education benefits board
of actuaries.--Section 2006 of such title is amended--
(A) in subsection (c)(1), by striking
``subsection (g)'' and inserting ``subsection
(f)'';
(B) by striking subsection (e);
(C) by redesignating subsections (f), (g),
and (h) as subsections (e), (f), and (g),
respectively;
(D) in subsection (e), as redesignated by
subparagraph (C), by striking ``subsection
(g)'' in paragraph (5) and inserting
``subsection (f)''; and
(E) in subsection (f), as so redesignated--
(i) in paragraph (2)(A), by
striking ``subsection (f)(3)'' and
inserting ``subsection (e)(3)''; and
(ii) in paragraph (2)(B), by
striking ``subsection (f)(4)'' and
inserting ``subsection (e)(4)''.
(c) Conforming Amendments.--
(1) Section 1175(h)(4) of title 10, United States
Code, is amended by striking ``Retirement'' the first
place it appears.
(2) Section 1460(b) of such title is amended by
striking ``Retirement''.
(3) Section 1466(c)(3) of such title is amended by
striking ``Retirement''.
(4) Section 12521(6) of such title is amended by
striking ``Department of Defense Education Benefits
Board of Actuaries referred to in section 2006(e)(1) of
this title'' and inserting ``Department of Defense
Board of Actuaries under section 183 of this title''.
SEC. 907. MODIFICATION OF BACKGROUND REQUIREMENT OF INDIVIDUALS
APPOINTED AS UNDER SECRETARY OF DEFENSE FOR
ACQUISITION, TECHNOLOGY, AND LOGISTICS.
Section 133(a) of title 10, United States Code, is amended
by striking ``in the private sector''.
SEC. 908. ASSISTANT SECRETARIES OF THE MILITARY DEPARTMENTS FOR
ACQUISITION MATTERS; PRINCIPAL MILITARY DEPUTIES.
(a) Department of the Army.--Section 3016(b) of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(5)(A) One of the Assistant Secretaries shall be the
Assistant Secretary of the Army for Acquisition, Technology,
and Logistics. The principal duty of the Assistant Secretary
shall be the overall supervision of acquisition, technology,
and logistics matters of the Department of the Army.
``(B) The Assistant Secretary shall have a Principal
Military Deputy, who shall be a lieutenant general of the Army
on active duty. The Principal Military Deputy shall be
appointed from among officers who have significant experience
in the areas of acquisition and program management. The
position of Principal Military Deputy shall be designated as a
critical acquisition position under section 1733 of this
title.''.
(b) Department of the Navy.--Section 5016(b) of such title
is amended by adding at the end the following new paragraph:
``(4)(A) One of the Assistant Secretaries shall be the
Assistant Secretary of the Navy for Research, Development, and
Acquisition. The principal duty of the Assistant Secretary
shall be the overall supervision of research, development, and
acquisition matters of the Department of the Navy.
``(B) The Assistant Secretary shall have a Principal
Military Deputy, who shall be a vice admiral of the Navy or a
lieutenant general of the Marine Corps on active duty. The
Principal Military Deputy shall be appointed from among
officers who have significant experience in the areas of
acquisition and program management. The position of Principal
Military Deputy shall be designated as a critical acquisition
position under section 1733 of this title.''.
(c) Department of the Air Force.--Section 8016(b) of such
title is amended by adding at the end the following new
paragraph:
``(4)(A) One of the Assistant Secretaries shall be the
Assistant Secretary of the Air Force for Acquisition. The
principal duty of the Assistant Secretary shall be the overall
supervision of acquisition matters of the Department of the Air
Force.
``(B) The Assistant Secretary shall have a Principal
Military Deputy, who shall be a lieutenant general of the Air
Force on active duty. The Principal Military Deputy shall be
appointed from among officers who have significant experience
in the areas of acquisition and program management. The
position of Principal Military Deputy shall be designated as a
critical acquisition position under section 1733 of this
title.''.
(d) Duty of Principal Military Deputies To Inform Service
Chiefs on Major Defense Acquisition Programs.--Each Principal
Military 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.
SEC. 909. SENSE OF CONGRESS ON TERM OF OFFICE OF THE DIRECTOR OF
OPERATIONAL TEST AND EVALUATION.
It is the sense of Congress that the term of office of the
Director of Operational Test and Evaluation of the Department
of Defense should be not less than five years.
Subtitle B--Space Activities
SEC. 911. SPACE PROTECTION STRATEGY.
(a) Sense of Congress.--It is the Sense of Congress that
the United States should place greater priority on the
protection of national security space systems.
(b) Strategy.--The Secretary of Defense, in conjunction
with the Director of National Intelligence, shall develop a
strategy, to be known as the Space Protection Strategy, for the
development and fielding by the United States of the
capabilities that are necessary to ensure freedom of action in
space for the United States.
(c) Matters Included.--The strategy required by subsection
(b) shall include each of the following:
(1) An identification of the threats to, and the
vulnerabilities of, the national security space systems
of the United States.
(2) A description of the capabilities currently
contained in the program of record of the Department of
Defense and the intelligence community that ensure
freedom of action in space.
(3) For each period covered by the strategy, a
description of the capabilities that are needed for the
period, including--
(A) the hardware, software, and other
materials or services to be developed or
procured;
(B) the management and organizational
changes to be achieved; and
(C) concepts of operations, tactics,
techniques, and procedures to be employed.
(4) For each period covered by the strategy, an
assessment of the gaps and shortfalls between the
capabilities that are needed for the period and the
capabilities currently contained in the program of
record.
(5) For each period covered by the strategy, a
comprehensive plan for investment in capabilities that
identifies specific program and technology investments
to be made in that period.
(6) A description of the current processes by which
the systems protection requirements of the Department
of Defense and the intelligence community are addressed
in space acquisition programs and during key milestone
decisions, an assessment of the adequacy of those
processes, and an identification of the actions of the
Department and the intelligence community for
addressing any inadequacies in those processes.
(7) A description of the current processes by which
the Department of Defense and the intelligence
community program and budget for capabilities
(including capabilities that are incorporated into
single programs and capabilities that span multiple
programs), an assessment of the adequacy of those
processes, and an identification of the actions of the
Department and the intelligence community for
addressing any inadequacies in those processes.
(8) A description of the organizational and
management structure of the Department of Defense and
the intelligence community for addressing policy,
planning, acquisition, and operations with respect to
capabilities, a description of the roles and
responsibilities of each organization, and an
identification of the actions of the Department and the
intelligence community for addressing any inadequacies
in that structure.
(d) Periods Covered.--The strategy required by subsection
(b) shall cover the following periods:
(1) Fiscal years 2008 through 2013.
(2) Fiscal years 2014 through 2019.
(3) Fiscal years 2020 through 2025.
(e) Definitions.--In this section--
(1) the term ``capabilities'' means space,
airborne, and ground systems and capabilities for space
situational awareness and for space systems protection;
and
(2) the term ``intelligence community'' has the
meaning given such term in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)).
(f) Report; Biennial Update.--
(1) Report.--Not later than six months after the
date of the enactment of this Act, the Secretary of
Defense, in conjunction with the Director of National
Intelligence, shall submit to Congress a report on the
strategy required by subsection (b), including each of
the matters required by subsection (c).
(2) Biennial update.--Not later than March 15 of
each even-numbered year after 2008, the Secretary of
Defense, in conjunction with the Director of National
Intelligence, shall submit to Congress an update to the
report required by paragraph (1).
(3) Classification.--The report required by
paragraph (1), and each update required by paragraph
(2), shall be in unclassified form, but may include a
classified annex.
(g) Conforming Repeal.--Section 911 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3405; 10 U.S.C. 2271 note) is repealed.
SEC. 912. BIENNIAL REPORT ON MANAGEMENT OF SPACE CADRE WITHIN THE
DEPARTMENT OF DEFENSE.
(a) In General.--Chapter 23 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 490. Space cadre management: biennial report
``(a) Requirement.--The Secretary of Defense and each
Secretary of a military department shall develop metrics and
use these metrics to identify, track, and manage space cadre
personnel within the Department of Defense to ensure the
Department has sufficient numbers of personnel with the
expertise, training, and experience to meet current and future
national security space needs.
``(b) Biennial Report Required.--
``(1) In general.--Not later than 180 days after
the date of the enactment of this section, and every
even-numbered year thereafter, the Secretary of Defense
shall submit to the congressional defense committees a
report on the management of the space cadre.
``(2) Matters included.--The report required by
paragraph (1) shall include--
``(A) the number of active duty, reserve
duty, and government civilian space-coded
billets that--
``(i) are authorized or permitted
to be maintained for each military
department and defense agency;
``(ii) are needed or required for
each military department and defense
agency for the year in which the
submission of the report is required;
and
``(iii) are needed or required for
each military department and defense
agency for each of the five years
following the date of the submission of
the report;
``(B) the actual number of active duty,
reserve duty, and government civilian personnel
that are coded or classified as space cadre
personnel within the Department of Defense,
including the military departments and defense
agencies;
``(C) the number of personnel recruited or
hired as accessions to serve in billets coded
or classified as space cadre personnel for each
military department and defense agency;
``(D) the number of personnel serving in
billets coded or classified as space cadre
personnel that discontinued serving each
military department and defense agency during
the preceding calendar year;
``(E) for each of the reporting
requirements in subparagraphs (A) through (D),
further classification of the number of
personnel by--
``(i) space operators, acquisition
personnel, engineers, scientists,
program managers, and other space-
related areas identified by the
Department;
``(ii) expertise or technical
specialization area--
``(I) such as
communications, missile
warning, spacelift, and any
other space-related specialties
identified by the Department or
classifications used by the
Department; and
``(II) consistent with
section 1721 of this title for
acquisition personnel;
``(iii) rank for active duty and
reserve duty personnel and grade for
government civilian personnel;
``(iv) qualification, expertise, or
proficiency level consistent with
service and agency-defined
qualification, expertise, or
proficiency levels; and
``(v) any other such space-related
classification categories used by the
Department or military departments; and
``(F) any other metrics identified by the
Department to improve the identification,
tracking, training, and management of space
cadre personnel.
``(3) Assessments.--The report required by
paragraph (1) shall also include the Secretary's
assessment of the state of the Department's space
cadre, the Secretary's assessment of the space cadres
of the military departments, and a description of
efforts to ensure the Department has a space cadre
sufficient to meet current and future national security
space needs.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``490. Space cadre management: biennial report.''.
SEC. 913. 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 (Public Law 107-314; 116
Stat. 2621) is amended by inserting ``, and March 15, 2008,''
after ``March 15, 2003,''.
Subtitle C--Chemical Demilitarization Program
SEC. 921. CHEMICAL DEMILITARIZATION CITIZENS ADVISORY COMMISSIONS.
(a) Functions.--Section 172 of the National Defense
Authorization Act for Fiscal Year 1993 (50 U.S.C. 1521 note) is
amended--
(1) in each of subsections (b) and (f), by striking
``Assistant Secretary of the Army (Research,
Development and Acquisition)'' and inserting
``Assistant Secretary of the Army (Acquisition,
Logistics, and Technology)''; and
(2) in subsection (g), by striking ``Assistant
Secretary of the Army (Research, Development, and
Acquisition)'' and inserting ``Assistant Secretary of
the Army (Acquisition, Logistics, and Technology)''.
(b) Termination.--Such section is further amended in
subsection (h) by striking ``after the stockpile located in
that commission's State has been destroyed'' and inserting
``after the closure activities required pursuant to regulations
promulgated by the Administrator of the Environmental
Protection Agency pursuant to the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.) have been completed for the chemical agent
destruction facility in the commission's State, or upon the
request of the Governor of the commission's State, whichever
occurs first''.
SEC. 922. SENSE OF CONGRESS ON COMPLETION OF DESTRUCTION OF UNITED
STATES CHEMICAL WEAPONS STOCKPILE.
(a) Findings.--Congress makes the following findings:
(1) The Convention on the Prohibition of the
Development, Production, Stockpiling and Use of
Chemical Weapons and on Their Destruction, done at
Paris on January 13, 1993 (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.
(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.
(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''.
(4) The United States chemical demilitarization
program has met its one percent, 20 percent, and
extended 45 percent destruction deadlines under the
Chemical Weapons Convention.
(5) Destroying the remaining stockpile of United
States chemical weapons is imperative for public safety
and homeland security, and doing so by April 2012, in
accordance with the current destruction deadline
provided under the Chemical Weapons Convention, is
required by United States law.
(6) The elimination of chemical weapons anywhere
they exist in the world, and the prevention of their
proliferation, is of utmost importance to the national
security of the United States.
(7) Section 921(b)(3) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2359) contained a sense of
Congress urging the Secretary of Defense to ensure the
elimination of the United States chemical weapons
stockpile in the shortest time possible, consistent
with the requirement to protect public health, safety,
and the environment.
(8) Section 921(b)(4) of that Act contained a sense
of Congress urging the Secretary of Defense to propose
a credible treatment and disposal process with the
support of affected communities. In this regard, any
such process should provide for sufficient
communication and consultation between representatives
of the Department of Defense and representatives of
affected States and communities.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States is, and must remain,
committed to making every effort to safely dispose of
its entire chemical weapons stockpile by April 2012,
the current destruction 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; and
(2) the Secretary of Defense should make every
effort to plan for, and to request in the annual budget
of the President submitted to Congress adequate funding
to complete, the 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.
(c) Reports Required.--
(1) In general.--Not later than March 15, 2008, and
every 180 days thereafter until the year in which the
United States completes the destruction of its entire
stockpile of chemical weapons under the terms of the
Chemical Weapons Convention, the Secretary of Defense
shall submit to the members and committees of Congress
referred to in paragraph (3) a report on the
implementation by the United States of its chemical
weapons destruction obligations under the Chemical
Weapons Convention.
(2) Elements.--Each report under paragraph (1)
shall include the following:
(A) The anticipated schedule at the time of
such report for the completion of destruction
of chemical agents, munitions, and materiel at
each chemical weapons demilitarization facility
in the United States.
(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, and by December 31, 2017.
(C) A description of the funding required
to achieve each of the options for destruction
described under subparagraph (B), and a
detailed life-cycle cost estimate for each of
the affected facilities included in each such
funding profile.
(D) A description of all actions being
taken by the United States to accelerate the
destruction of its entire stockpile of chemical
weapons, agents, and materiel in order to meet
the current destruction deadline under the
Chemical Weapons Convention of April 29, 2012,
or as soon thereafter as possible.
(3) Members and committees of congress.--The
members and committees of Congress referred to in this
paragraph are--
(A) the majority leader of the Senate, the
minority leader of the Senate, and the
Committees on Armed Services and Appropriations
of the Senate; and
(B) the Speaker of the House of
Representatives, the majority leader of the
House of Representatives, the minority leader
of the House of Representatives, and the
Committees on Armed Services and Appropriations
of the House of Representatives.
SEC. 923. REPEAL OF CERTAIN QUALIFICATIONS REQUIREMENT FOR DIRECTOR OF
CHEMICAL DEMILITARIZATION MANAGEMENT ORGANIZATION.
Section 1412(e)(3) of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521(e)(3)) is amended--
(1) in subparagraph (A), by adding ``and'' at the
end;
(2) by striking subparagraph (B); and
(3) by redesignating subparagraph (C) as
subparagraph (B).
SEC. 924. MODIFICATION OF TERMINATION OF ASSISTANCE TO STATE AND LOCAL
GOVERNMENTS AFTER COMPLETION OF THE DESTRUCTION OF
THE UNITED STATES CHEMICAL WEAPONS STOCKPILE.
Subparagraph (B) of section 1412(c)(5) of the Department of
Defense Authorization Act, 1986 (50 U.S.C. 1521(c)(5)) is
amended to read as follows:
``(B) Assistance may be provided under this paragraph for
capabilities to respond to emergencies involving an
installation or facility as described in subparagraph (A) until
the earlier of the following:
``(i) The date of the completion of all grants and
cooperative agreements with respect to the installation
or facility for purposes of this paragraph between the
Federal Emergency Management Agency and the State and
local governments concerned.
``(ii) The date that is 180 days after the date of
the completion of the destruction of lethal chemical
agents and munitions at the installation or
facility.''.
Subtitle D--Intelligence-Related Matters
SEC. 931. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE, ARISING
FROM ENACTMENT OF THE INTELLIGENCE REFORM AND
TERRORISM PREVENTION ACT OF 2004.
(a) References to Head of Intelligence Community.--Title
10, United States Code, is amended by striking ``Director of
Central Intelligence'' each place it appears in the following
provisions and inserting ``Director of National Intelligence'':
(1) Section 192(c)(2).
(2) Section 193(d)(2).
(3) Section 193(e).
(4) Section 201(a).
(5) Section 201(c)(1).
(6) Section 425(a).
(7) Section 426(a)(3).
(8) Section 426(b)(2).
(9) Section 441(c).
(10) Section 441(d).
(11) Section 443(d).
(12) Section 2273(b)(1).
(13) Section 2723(a).
(b) References to Head of Central Intelligence Agency.--
Such title is further amended by striking ``Director of Central
Intelligence'' each place it appears in the following
provisions and inserting ``Director of the Central Intelligence
Agency'':
(1) Section 431(b)(1).
(2) Section 444.
(3) Section 1089(g).
(c) Other Amendments.--
(1) Subsection headings.--
(A) Section 441(c).--The heading of
subsection (c) of section 441 of such title is
amended by striking ``Director of Central
Intelligence'' and inserting ``Director of
National Intelligence''.
(B) Section 443(d).--The heading of
subsection (d) of section 443 of such title is
amended by striking ``Director of Central
Intelligence'' and inserting ``Director of
National Intelligence''.
(2) Section 201.--Section 201 of such title is
further amended--
(A) in subsection (b)(1), to read as
follows:
``(1) In the event of a vacancy in a position
referred to in paragraph (2), before appointing an
individual to fill the vacancy or recommending to the
President an individual to be nominated to fill the
vacancy, the Secretary of Defense shall obtain the
concurrence of the Director of National Intelligence as
provided in section 106(b) of the National Security Act
of 1947 (50 U.S.C. 403-6(b)).''; and
(B) in subsection (c)(1), by striking
``National Foreign Intelligence Program'' and
inserting ``National Intelligence Program''.
Subtitle E--Roles and Missions Analysis
SEC. 941. REQUIREMENT FOR QUADRENNIAL ROLES AND MISSIONS REVIEW.
(a) Requirement for Review.--
(1) In general.--Chapter 2 of title 10, United
States Code, is amended by inserting after section 118a
the following new section:
``Sec. 118b. Quadrennial roles and missions review
``(a) Review Required.--The Secretary of Defense shall
every four years conduct a comprehensive assessment (to be
known as the `quadrennial roles and missions review') of the
roles and missions of the armed forces and the core
competencies and capabilities of the Department of Defense to
perform and support such roles and missions.
``(b) Independent Military Assessment of Roles and
Missions.--(1) In each year in which the Secretary of Defense
is required to conduct a comprehensive assessment pursuant to
subsection (a), the Chairman of the Joint Chiefs of Staff shall
prepare and submit to the Secretary the Chairman's assessment
of the roles and missions of the armed forces and the
assignment of functions to the armed forces, together with any
recommendations for changes in assignment that the Chairman
considers necessary to achieve maximum efficiency and
effectiveness of the armed forces.
``(2) The Chairman's assessment shall be conducted so as
to--
``(A) organize the significant missions of the
armed forces into core mission areas that cover broad
areas of military activity;
``(B) ensure that core mission areas are defined
and functions are assigned so as to avoid unnecessary
duplication of effort among the armed forces; and
``(C) provide the Chairman's recommendations with
regard to issues to be addressed by the Secretary of
Defense under subsection (c).
``(c) Identification of Core Mission Areas and Core
Competencies and Capabilities.--Upon receipt of the Chairman's
assessment, and after giving appropriate consideration to the
Chairman's recommendations, the Secretary of Defense shall
identify--
``(1) the core mission areas of the armed forces;
``(2) the core competencies and capabilities that
are associated with the performance or support of a
core mission area identified pursuant to paragraph (1);
``(3) the elements of the Department of Defense
(including any other office, agency, activity, or
command described in section 111(b) of this title) that
are responsible for providing the core competencies and
capabilities required to effectively perform the core
missions identified pursuant to paragraph (1);
``(4) any gaps in the ability of the elements (or
other office, agency activity, or command) of the
Department of Defense to provide core competencies and
capabilities required to effectively perform the core
missions identified pursuant to paragraph (1);
``(5) any unnecessary duplication of core
competencies and capabilities between defense
components; and
``(6) a plan for addressing any gaps or unnecessary
duplication identified pursuant to paragraph (4) or
paragraph (5).
``(d) Report.--The Secretary shall submit a report on the
quadrennial roles and missions review to the Committees on
Armed Services of the Senate and the House of Representatives.
The report shall be submitted in the year following the year in
which the review is conducted, but not later than the date on
which the President submits the budget for the next fiscal year
to Congress under section 1105(a) of title 31.''.
(b) Repeal of Superseded Provision.--Section 118(e) of
title 10, United States Code, is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph
(2).
(c) Timing of Quadrennial Roles and Missions Review.--
(1) First review.--The first quadrennial roles and
missions review under section 118b of title 10, United
States Code, as added by subsection (a), shall be
conducted during 2008.
(2) Subsequent reviews.--Subsequent reviews shall
be conducted every four years, beginning in 2011.
SEC. 942. JOINT REQUIREMENTS OVERSIGHT COUNCIL ADDITIONAL DUTIES
RELATING TO CORE MISSION AREAS.
(a) Revisions in Mission.--Subsection (b) of section 181 of
title 10, United States Code, is amended to read as follows:
``(b) Mission.--In addition to other matters assigned to it
by the President or Secretary of Defense, the Joint
Requirements Oversight Council shall--
``(1) assist the Chairman of the Joint Chiefs of
Staff--
``(A) in identifying, assessing, and
approving joint military requirements
(including existing systems and equipment) to
meet the national military strategy; and
``(B) in identifying the core mission area
associated with each such requirement;
``(2) assist the Chairman in establishing and
assigning priority levels for joint military
requirements;
``(3) assist the Chairman in reviewing the
estimated level of resources required in the
fulfillment of each joint military requirement and in
ensuring that such resource level is consistent with
the level of priority assigned to such requirement; and
``(4) assist acquisition officials in identifying
alternatives to any acquisition program that meet joint
military requirements for the purposes of section
2366a(a)(4), section 2366b(b), and section 2433(e)(2)
of this title.''.
(b) Advisors.--Section 181 of such title is amended--
(1) by redesignating subsection (d) as subsection
(f); and
(2) by inserting after subsection (c) the following
new subsection (d):
``(d) Advisors.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics, the Under Secretary of
Defense (Comptroller), and the Director of the Office of
Program Analysis and Evaluation shall serve as advisors to the
Council on matters within their authority and expertise.''.
(c) Organization.--Section 181 of such title is further
amended by inserting after subsection (d) (as inserted by
subsection (b)) the following new subsection (e):
``(e) Organization.--The Joint Requirements Oversight
Council shall conduct periodic reviews of joint military
requirements within a core mission area of the Department of
Defense. In any such review of a core mission area, the officer
or official assigned to lead the review shall have a deputy
from a different military department.''.
(d) Definitions.--Section 181 of such title is further
amended by adding at the end the following new subsection:
``(g) Definitions.--In this section:
``(1) The term `joint military requirement' means a
capability necessary to fulfill a gap in a core mission
area of the Department of Defense.
``(2) The term `core mission area' means a core
mission area of the Department of Defense identified
under the most recent quadrennial roles and missions
review pursuant to section 118b of this title.''.
(e) 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).
(f) Deadlines.--Effective June 1, 2009, all joint military
requirements documents of the Joint Requirements Oversight
Council produced to carry out its mission under section
181(b)(1) of title 10, United States Code, shall reference the
core mission areas organized and defined under section 118b of
such title. Not later than October 1, 2009, all such documents
produced before June 1, 2009, shall reference such structure.
SEC. 943. REQUIREMENT FOR CERTIFICATION OF MAJOR SYSTEMS PRIOR TO
TECHNOLOGY DEVELOPMENT.
(a) Requirement for Certification.--
(1) In general.--Chapter 139 of title 10, United
States Code, is amended by inserting after section
2366a the following new section:
``Sec. 2366b. Major defense acquisition programs: certification
required before Milestone A or Key Decision Point A
approval
``(a) Certification.--A major defense acquisition program
may not receive Milestone A approval, or Key Decision Point A
approval in the case of a space program, until the Milestone
Decision Authority certifies, after consultation with the Joint
Requirements Oversight Council on matters related to program
requirements and military needs--
``(1) that the system fulfills an approved initial
capabilities document;
``(2) that the system is being executed by an
entity with a relevant core competency as identified by
the Secretary of Defense under section 118b of this
title;
``(3) if the system duplicates a capability already
provided by an existing system, the duplication
provided by such system is necessary and appropriate;
and
``(4) that a cost estimate for the system has been
submitted and that the level of resources required to
develop and procure the system is consistent with the
priority level assigned by the Joint Requirements
Oversight Council.
``(b) Notification.--With respect to a major system
certified by the Milestone Decision Authority under subsection
(a), if the projected cost of the system, at any time prior to
Milestone B approval, exceeds the cost estimate for the system
submitted at the time of the certification by at least 25
percent, the program manager for the system concerned shall
notify the Milestone Decision Authority. The Milestone Decision
Authority, in consultation with the Joint Requirements
Oversight Council on matters related to program requirements
and military needs, shall determine whether the level of
resources required to develop and procure the system remains
consistent with the priority level assigned by the Joint
Requirements Oversight Council. The Milestone Decision
Authority may withdraw the certification concerned or rescind
Milestone A approval (or Key Decision Point A approval in the
case of a space program) if the milestone decision authority
determines that such action is in the interest of national
defense.
`` (c) Definitions.--In this section:
``(1) The term `major system' has the meaning
provided in section 2302(5) of this title.
``(2) The term `initial capabilities document'
means any capabilities requirement document approved by
the Joint Requirements Oversight Council that
establishes the need for a materiel approach to resolve
a capability gap.
``(3) The term `technology development program'
means a coordinated effort to assess technologies and
refine user performance parameters to fulfill a
capability gap identified in an initial capabilities
document.
``(4) The term `entity' means an entity listed in
section 125a(a) of this title.
``(5) The term `Milestone B approval' has the
meaning provided that term in section 2366(e)(7) of
this title.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by adding at
the end the following new item:
``2366b. Major defense acquisition programs: certification required
before Milestone A or Key Decision Point A approval.''.
(b) Review of Department of Defense Acquisition
Directives.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall review
Department of Defense Directive 5000.1 and associated guidance,
and the manner in which such directive and guidance have been
implemented, and take appropriate steps to ensure that the
Department does not commence a technology development program
for a major weapon system without Milestone A approval (or Key
Decision Point A approval in the case of a space program).
(c) Effective Date.--Section 2366b of title 10, United
States Code, as added by subsection (a), shall apply to major
systems on and after March 1, 2008.
SEC. 944. PRESENTATION OF FUTURE-YEARS MISSION BUDGET BY CORE MISSION
AREA.
(a) Time of Submission of Future-Years Mission Budget.--The
second sentence of section 222(a) of title 10, United States
Code, is amended to read as follows: ``That budget shall be
submitted for any fiscal year with the future-years defense
program submitted under section 221 of this title.''.
(b) Organization of Future-Years Mission Budget.--The
second sentence of section 222(b) of such title is amended by
striking ``on the basis'' and all that follows through the end
of the sentence and inserting the following: ``on the basis of
both major force programs and the core mission areas identified
under the most recent quadrennial roles and missions review
pursuant to section 118b of this title.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to the future-years mission budget for
fiscal year 2010 and each fiscal year thereafter.
Subtitle F--Other Matters
SEC. 951. DEPARTMENT OF DEFENSE CONSIDERATION OF EFFECT OF CLIMATE
CHANGE ON DEPARTMENT FACILITIES, CAPABILITIES, AND
MISSIONS.
(a) Consideration of Climate Change Effect.--Section 118 of
title 10, United States Code, is amended by adding at the end
the following new subsection:
``(g) Consideration of Effect of Climate Change on
Department Facilities, Capabilities, and Missions.--(1) The
first national security strategy and national defense strategy
prepared after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2008 shall include
guidance for military planners--
``(A) to assess the risks of projected climate
change to current and future missions of the armed
forces;
``(B) to update defense plans based on these
assessments, including working with allies and partners
to incorporate climate mitigation strategies, capacity
building, and relevant research and development; and
``(C) to develop the capabilities needed to reduce
future impacts.
``(2) The first quadrennial defense review prepared after
the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2008 shall also examine the capabilities of
the armed forces to respond to the consequences of climate
change, in particular, preparedness for natural disasters from
extreme weather events and other missions the armed forces may
be asked to support inside the United States and overseas.
``(3) For planning purposes to comply with the requirements
of this subsection, the Secretary of Defense shall use--
``(A) the mid-range projections of the fourth
assessment report of the Intergovernmental Panel on
Climate Change;
``(B) subsequent mid-range consensus climate
projections if more recent information is available
when the next national security strategy, national
defense strategy, or quadrennial defense review, as the
case may be, is conducted; and
``(C) findings of appropriate and available
estimations or studies of the anticipated strategic,
social, political, and economic effects of global
climate change and the implications of such effects on
the national security of the United States.
``(4) In this subsection, the term `national security
strategy' means the annual national security strategy report of
the President under section 108 of the National Security Act of
1947 (50 U.S.C. 404a).''.
(b) Implementation.--The Secretary of Defense shall ensure
that subsection (g) of section 118 of title 10, United States
Code, as added by subsection (a), is implemented in a manner
that does not have a negative impact on the national security
of the United States.
SEC. 952. INTERAGENCY POLICY COORDINATION.
(a) Plan Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
develop and submit to Congress a plan to improve and reform the
Department of Defense's participation in and contribution to
the interagency coordination process on national security
issues.
(b) Elements.--The elements of the plan shall include the
following:
(1) Assigning either the Under Secretary of Defense
for Policy or another official to be the lead policy
official for improving and reforming the interagency
coordination process on national security issues for
the Department of Defense, with an explanation of any
decision to name an official other than the Under
Secretary and the relative advantages and disadvantages
of such decision.
(2) Giving the official assigned under paragraph
(1) the following responsibilities:
(A) To be the lead person at the Department
of Defense for the development of policy
affecting the national security interagency
process.
(B) To serve, or designate a person to
serve, as the representative of the Department
of Defense in Federal Government forums
established to address interagency policy,
planning, or reforms.
(C) To advocate, on behalf of the
Secretary, for greater interagency coordination
and contributions in the execution of the
National Security Strategy and particularly
specific operational objectives undertaken
pursuant to that strategy.
(D) To make recommendations to the
Secretary of Defense on changes to existing
Department of Defense regulations or laws to
improve the interagency process.
(E) To serve as the coordinator for all
planning and training assistance that is--
(i) designed to improve the
interagency process or the capabilities
of other agencies to work with the
Department of Defense; and
(ii) provided by the Department of
Defense at the request of other
agencies.
(F) To serve as the lead official in
Department of Defense for the development of
deployable joint interagency task forces.
(c) Factors to Be Considered.--In drafting the plan, the
Secretary of Defense shall also consider the following factors:
(1) How the official assigned under subsection
(b)(1) shall provide input to the Secretary of Defense
on an ongoing basis on how to incorporate the need to
coordinate with other agencies into the establishment
and reform of combatant commands.
(2) How such official shall develop and make
recommendations to the Secretary of Defense on a
regular or an ongoing basis on changes to military and
civilian personnel to improve interagency coordination.
(3) How such official shall work with the combatant
command that has the mission for joint warfighting
experimentation and other interested agencies to
develop exercises to test and validate interagency
planning and capabilities.
(4) How such official shall lead, coordinate, or
participate in after-action reviews of operations,
tests, and exercises to capture lessons learned
regarding the functioning of the interagency process
and how those lessons learned will be disseminated.
(5) The role of such official in ensuring that
future defense planning guidance takes into account the
capabilities and needs of other agencies.
(d) Recommendation on Changes in Law.--The Secretary of
Defense may submit with the plan or with any future budget
submissions recommendations for any changes to law that are
required to enhance the ability of the official assigned under
subsection (b)(1) in the Department of Defense to coordinate
defense interagency efforts or to improve the ability of the
Department of Defense to work with other agencies.
(e) Annual Report.--If an official is named by the
Secretary of Defense under subsection (b)(1), the official
shall annually submit to Congress a report, beginning in the
fiscal year following the naming of the official, on those
actions taken by the Department of Defense to enhance national
security interagency coordination, the views of the Department
of Defense on efforts and challenges in improving the ability
of agencies to work together, and suggestions on changes needed
to laws or regulations that would enhance the coordination of
efforts of agencies.
(f) Definition.--In this section, the term ``interagency
coordination'', within the context of Department of Defense
involvement, means the coordination that occurs between
elements of the Department of Defense and engaged Federal
Government agencies for the purpose of achieving an objective.
(g) Construction.--Nothing in this provision shall be
construed as preventing the Secretary of Defense from naming an
official with the responsibilities listed in subsection (b)
before the submission of the report required under this
section.
SEC. 953. EXPANSION OF EMPLOYMENT CREDITABLE UNDER SERVICE AGREEMENTS
UNDER NATIONAL SECURITY EDUCATION PROGRAM.
Paragraph (2) of subsection (b) of section 802 of the David
L. Boren National Security Education Act of 1991 (50 U.S.C.
1902), as most recently amended by section 945 of the John
Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2367), is amended--
(1) in subparagraph (A)--
(A) in clause (i) by striking ``or'' at the
end; and
(B) by adding at the end the following:
``(iii) for not less than one
academic year in a position in the
field of education in a discipline
related to the study supported by the
program if the recipient demonstrates
to the Secretary of Defense that no
position is available in the
departments, agencies, and offices
covered by clauses (i) and (ii); or'';
and
(2) in subparagraph (B)--
(A) in clause (i) by striking ``or'' at the
end;
(B) in clause (ii) by striking ``and'' at
the end and inserting ``or''; and
(C) by adding at the end the following:
``(iii) for not less than one
academic year in a position in the
field of education in a discipline
related to the study supported by the
program if the recipient demonstrates
to the Secretary of Defense that no
position is available in the
departments, agencies, and offices
covered by clauses (i) and (ii); and''.
SEC. 954. BOARD OF REGENTS FOR THE UNIFORMED SERVICES UNIVERSITY OF THE
HEALTH SCIENCES.
(a) Reorganization and Amendment of Board of Regents
Provisions.--
(1) In general.--Chapter 104 of title 10, United
States Code, is amended by inserting after section 2113
the following new section:
``Sec. 2113a. Board of Regents
``(a) In General.--To assist the Secretary of Defense in an
advisory capacity, there is a Board of Regents of the
University.
``(b) Membership.--The Board shall consist of--
``(1) nine persons outstanding in the fields of
health and health education who shall be appointed from
civilian life by the Secretary of Defense;
``(2) the Secretary of Defense, or his designee,
who shall be an ex officio member;
``(3) the surgeons general of the uniformed
services, who shall be ex officio members; and
``(4) the President of the University, who shall be
a nonvoting ex officio member.
``(c) Term of Office.--The term of office of each member of
the Board (other than ex officio members) shall be six years
except that--
``(1) any member appointed to fill a vacancy
occurring before the expiration of the term for which
his predecessor was appointed shall be appointed for
the remainder of such term; and
``(2) any member whose term of office has expired
shall continue to serve until his successor is
appointed.
``(d) Chairman.--One of the members of the Board (other
than an ex officio member) shall be designated by the Secretary
as Chairman. He shall be the presiding officer of the Board.
``(e) Compensation.--Members of the Board (other than ex
officio members) while attending conferences or meetings or
while otherwise performing their duties as members shall be
entitled to receive compensation at a rate to be fixed by the
Secretary and shall also be entitled to receive an allowance
for necessary travel expenses while so serving away from their
place of residence.
``(f) Meetings.--The Board shall meet at least once a
quarter.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by adding at
the end the following new item:
``2113a. Board of Regents.''.
(3) Conforming amendments.--
(A) Section 2113 of title 10, United States
Code, is amended--
(i) in subsection (a), by striking
``To assist'' and all that follows
through the end of paragraph (4);
(ii) by striking subsections (b),
(c), and (e);
(iii) by redesignating subsections
(d), (f), (g), (h), (i), and (j) as
subsections (b), (c), (d), (e), (f),
and (g), respectively; and
(iv) in subsection (b), as so
redesignated, by striking ``who shall
also serve as a nonvoting ex officio
member of the Board''.
(B) Section 2114(h) of such title is
amended by striking ``2113(h)'' and inserting
``2113(e)''.
(b) Statutory Redesignation of Dean as President.--
(1) Subsection 2113 of such title is further
amended by striking ``Dean'' each place it appears in
subsections (b) and (c)(1), as redesignated by
subsection (a)(3), and inserting ``President''.
(2) Section 2114(e) of such title is amended by
striking ``Dean'' each place it appears in paragraphs
(3) and (5).
SEC. 955. ESTABLISHMENT OF DEPARTMENT OF DEFENSE SCHOOL OF NURSING.
(a) Establishment Plan Required.--Not later than February
1, 2008, the Secretary of Defense shall submit to the
congressional defense committees a plan to establish a School
of Nursing within the Uniformed Services University of the
Health Sciences. The Secretary shall develop the plan in
consultation with the Board of Regents of the Uniformed
Services University of the Health Sciences and submit the plan
to the Board of Regents for review and to solicit the Board's
recommendations.
(b) Programs of Instruction.--In consultation with the
Secretaries of the military departments, the Secretary of
Defense shall include in the plan required by subsection (a)
programs of instruction for the School of Nursing that would
lead to the award of a bachelor of science in nursing and such
other baccalaureate or graduate degrees in nursing as the
Secretary considers appropriate. The plan shall also address
the enrollment as students of enlisted members and officers of
the Armed Forces and civilians for the purpose of commissioning
them as military nursing officers upon graduation. The
graduates of such a program of instruction shall be fully
eligible to meet credentialing and licensing requirements of
the military departments and at least one State in their
program of study.
(c) Consideration of Certain Programs.--In developing the
plan under subsection (a), the Secretary shall consider the
inclusion of the following types of programs:
(1) A program to enroll students who already
possess an associate degree in nursing so that they can
earn a bachelor of science in nursing.
(2) A program to enroll students who already
possess other associate degrees so that they can earn a
bachelor of science in nursing.
(3) A program to enroll students who already
possess an associate degree in nursing so that they can
earn a master of science in nursing.
(4) A program to enroll students who already
possess a bachelor of science in nursing so that they
can earn a master of science in nursing.
(d) Other Considerations.--The plan required by subsection
(a) shall also include the following:
(1) The results of a study of the nursing shortage
in the Department of Defense and the reasons for such
shortages.
(2) Details of the curriculum and degree
requirements for each category of students at the
School of Nursing, if established.
(3) An analysis of the contributions to overall
medical readiness that will be made by the School of
Nursing.
(4) Proposals for the development of the School of
Nursing to be phased in over a period of time.
(5) Faculty requirements based on degree
requirements and numbers of projected students, to
include the source and number of faculty required.
(6) Projected number of graduates per year for each
of the first 15 years of operation.
(7) Predicted accession sources, military career
paths, and service commitments and retention rates of
School of Nursing graduates, to include the retention
of enlisted personnel accessed into the school.
(8) Administrative and instructional facilities
required, and the likely initial and final location of
clinical training institutions.
(9) Plan for accreditation by nationally recognized
nursing school accrediting body.
(10) Projected faculty, administration,
instruction, and facilities costs for the School of
Nursing beginning in fiscal year 2009 and continuing
through fiscal year 2024, including the cost analysis
of developing the School of Nursing and the cost of
additional administrative support for the Uniformed
Services University of the Health Sciences on account
of the establishment of the school.
(e) Effect on Current Programs.--Notwithstanding the
development of the plan under subsection (a), the Secretary
shall ensure that graduate degree programs in nursing,
including advanced practice nursing, continue.
(f) Effect on Other Recruitment Efforts.--Nothing in this
section shall be construed as limiting or terminating any
current or future program related to the recruitment,
accession, training, or retention of military nurses.
(g) Establishment Authority.--
(1) Establishment.--Chapter 104 of title 10, United
States Code, is amended by adding at the end the
following new section:
``Sec. 2117. School of Nursing
``(a) Establishment Authorized.--The Secretary of Defense
may establish a School of Nursing within the University. The
School of Nursing may include a program that awards a bachelor
of science in nursing.
``(b) Phased Development.--The School of Nursing may be
developed in phases as determined appropriate by the
Secretary.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by adding at
the end the following new item:
``2117. School of Nursing.''.
SEC. 956. INCLUSION OF COMMANDERS OF WESTERN HEMISPHERE COMBATANT
COMMANDS IN BOARD OF VISITORS OF WESTERN HEMISPHERE
INSTITUTE FOR SECURITY COOPERATION.
Subparagraph (F) of section 2166(e)(1) of title 10, United
States Code, is amended to read as follows:
``(F) The commanders of the combatant commands
having geographic responsibility for the Western
Hemisphere, or the designees of those officers.''.
SEC. 957. COMPTROLLER GENERAL ASSESSMENT OF REORGANIZATION OF THE
OFFICE OF THE UNDER SECRETARY OF DEFENSE FOR
POLICY.
(a) Assessment Required.--Not later than June 1, 2008, the
Comptroller General of the United States shall submit to the
congressional defense committees a report containing an
assessment of the most recent reorganization of the office of
the Under Secretary of Defense for Policy, including an
assessment with respect to the matters set forth in subsection
(b).
(b) Matters To Be Assessed.--The matters to be included in
the assessment required by subsection (a) are as follows:
(1) The manner in which the reorganization of the
office furthers, or will further, its stated purposes
in the short-term and long-term, including the manner
in which the reorganization enhances, or will enhance,
the ability of the Department of Defense--
(A) to address current security priorities,
including on-going military operations in Iraq,
Afghanistan, and elsewhere;
(B) to manage geopolitical defense
relationships; and
(C) to anticipate future strategic shifts
in those relationships.
(2) The manner in which and the extent to which the
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.
(3) The extent to which the Department has
developed detailed implementation plans for the
reorganization, and the current status of the
implementation of all aspects of the reorganization.
(4) The extent to which the Department has worked
to mitigate congressional concerns and address other
challenges that have arisen since the reorganization
was announced.
(5) The manner in which the Department plans to
evaluate progress in achieving the stated goals of the
reorganization and what measurements, if any, the
Department has established to assess the results of the
reorganization.
(6) The impact of the large increase in
responsibilities for the Assistant Secretary of Defense
for Special Operations and Low Intensity Conflict and
Interdependent Capabilities under the reorganization on
the ability of the Assistant Secretary to carry out the
principal duties of the Assistant Secretary under law.
(7) The possible decrease in attention given to
special operations issues resulting from the increase
in responsibilities for the Assistant Secretary of
Defense for Special Operations and Low Intensity
Conflict and Interdependent Capabilities, including
responsibility under the reorganization for each of the
following:
(A) Strategic capabilities.
(B) Forces transformation.
(C) Major budget programs.
(8) The possible diffusion of attention from
counternarcotics, counterproliferation, and global
threat issues resulting from the merging of those
responsibilities under a single Deputy Assistant
Secretary of Defense for Counternarcotics,
Counterproliferation, and Global Threats.
(9) The impact of the reorganization on
counternarcotics program execution.
(10) The unique placement under the reorganization
of both functional and regional issue responsibilities
under the Assistant Secretary of Defense for Homeland
Defense and America's Security Affairs.
(11) The differentiation between the
responsibilities of the Deputy Assistant Secretary of
Defense for Partnership Strategy and the Deputy
Assistant Secretary of Defense for Coalition Affairs
and the relationship between such officials.
SEC. 958. REPORT ON FOREIGN LANGUAGE PROFICIENCY.
(a) In General.--Not later than 240 days after the date of
the enactment of this Act, and annually thereafter until the
date referred to in subsection (d), the Secretary of Defense,
in conjunction with the Secretary of each military department,
shall submit to the congressional defense committees a report
on the foreign language proficiency of the personnel of the
Department of Defense.
(b) Contents.--Each report submitted under subsection (a)
shall include--
(1) the number of positions, identified by each
foreign language and dialect, for each military
department and Defense Agency concerned that--
(A) require proficiency in that foreign
language or dialect for the year in which the
submission of the report is required;
(B) are anticipated to require proficiency
in that foreign language or dialect for each of
the five years following the date of the
submission of the report; and
(C) are authorized in the future-years
defense plan to be maintained for proficiency
in a foreign language or dialect;
(2) the number of personnel for each military
department and Defense Agency, identified by each
foreign language and dialect, that are serving in a
position that requires proficiency in the foreign
language or dialect--
(A) to perform the primary duty of the
position; and
(B) that meet the required level of
proficiency of the Interagency Language
Roundtable;
(3) the number of personnel for each military
department and Defense Agency, identified by each
foreign language and dialect, that are recruited or
hired as accessions to serve in a position that
requires proficiency in the foreign language or
dialect;
(4) the number of personnel for each military
department and Defense Agency, identified by each
foreign language and dialect, that served in a position
that requires proficiency in the foreign language or
dialect and discontinued service during the preceding
calendar year;
(5) the number of positions that require
proficiency in a foreign language or dialect that are
fulfilled by contractors;
(6) the percentage of work requiring linguistic
skills that is fulfilled by personnel of the
intelligence community (as defined in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)));
and
(7) an assessment of the foreign language capacity
and capabilities of each military department and
Defense Agency and of the Department of Defense as a
whole.
(c) Non-Military Personnel.--Except as provided in
paragraphs (6) and (7) of subsection (b), a report submitted
under subsection (a) shall cover only members of the Armed
Forces on active duty and reserve duty assigned to the military
departments concerned or to the Department of Defense.
(d) Termination of Requirement.--The duty to submit a
report under subsection (a) shall terminate on December 31,
2013.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. United States contribution to NATO common-funded budgets in
fiscal year 2008.
Sec. 1003. Authorization of additional emergency supplemental
appropriations for fiscal year 2007.
Sec. 1004. Modification of fiscal year 2007 general transfer authority.
Sec. 1005. Financial management transformation initiative for the
Defense Agencies.
Sec. 1006. Repeal of requirement for two-year budget cycle for the
Department of Defense.
Subtitle B--Policy Relating to Vessels and Shipyards
Sec. 1011. Limitation on leasing of vessels.
Sec. 1012. Policy relating to major combatant vessels of the strike
forces of the United States Navy.
Subtitle C--Counter-Drug Activities
Sec. 1021. Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities.
Sec. 1022. Expansion of authority to provide additional support for
counter-drug activities in certain foreign countries.
Sec. 1023. Report on counternarcotics assistance for the Government of
Haiti.
Subtitle D--Miscellaneous Authorities and Limitations
Sec. 1031. Provision of Air Force support and services to foreign
military and state aircraft.
Sec. 1032. Department of Defense participation in Strategic Airlift
Capability Partnership.
Sec. 1033. Improved authority to provide rewards for assistance in
combating terrorism.
Sec. 1034. Support for non-Federal development and testing of material
for chemical agent defense.
Sec. 1035. Prohibition on sale of F-14 fighter aircraft and related
parts.
Subtitle E--Reports
Sec. 1041. Extension and modification of report relating to hardened and
deeply buried targets.
Sec. 1042. Report on joint modeling and simulation activities.
Sec. 1043. Renewal of submittal of plans for prompt global strike
capability.
Sec. 1044. Report on workforce required to support the nuclear missions
of the Navy and the Department of Energy.
Sec. 1045. Comptroller General report on Defense Finance and Accounting
Service response to Butterbaugh v. Department of Justice.
Sec. 1046. Study on size and mix of airlift force.
Sec. 1047. Report on feasibility of establishing a domestic military
aviation national training center.
Sec. 1048. Limited field user evaluations for combat helmet pad
suspension systems.
Sec. 1049. Study on national security interagency system.
Sec. 1050. Report on solid rocket motor industrial base.
Sec. 1051. Reports on establishment of a memorial for members of the
Armed Forces who died in the air crash in Bakers Creek,
Australia, and establishment of other memorials in Arlington
National Cemetery.
Subtitle F--Other Matters
Sec. 1061. Reimbursement for National Guard support provided to Federal
agencies.
Sec. 1062. Congressional Commission on the Strategic Posture of the
United States.
Sec. 1063. Technical and clerical amendments.
Sec. 1064. Repeal of certification requirement.
Sec. 1065. Maintenance of capability for space-based nuclear detection.
Sec. 1066. Sense of Congress regarding detainees at Naval Station,
Guantanamo Bay, Cuba.
Sec. 1067. A report on transferring individuals detained at Naval
Station, Guantanamo Bay, Cuba.
Sec. 1068. Repeal of provisions in section 1076 of Public Law 109-364
relating to use of Armed Forces in major public emergencies.
Sec. 1069. Standards required for entry to military installations in
United States.
Sec. 1070. Revised nuclear posture review.
Sec. 1071. Termination of Commission on the Implementation of the New
Strategic Posture of the United States.
Sec. 1072. Security clearances; limitations.
Sec. 1073. Improvements in the process for the issuance of security
clearances.
Sec. 1074. Protection of certain individuals.
Sec. 1075. Modification of authorities on Commission to Assess the
Threat to the United States from Electromagnetic Pulse Attack.
Sec. 1076. Sense of Congress on Small Business Innovation Research
Program.
Sec. 1077. Revision of proficiency flying definition.
Sec. 1078. Qualifications for public aircraft status of aircraft under
contract with the Armed Forces.
Sec. 1079. Communications with the Committees on Armed Services of the
Senate and the House of Representatives.
Sec. 1080. Retention of reimbursement for provision of reciprocal fire
protection services.
Sec. 1081. Pilot program on commercial fee-for-service air refueling
support for the Air Force.
Sec. 1082. Advisory panel on Department of Defense capabilities for
support of civil authorities after certain incidents.
Sec. 1083. Terrorism exception to immunity.
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary
of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts
of authorizations made available to the Department of
Defense in this division for fiscal year 2008 between
any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for
the same purposes as the authorization to which
transferred.
(2) Limitation.--Except as provided in paragraph
(3), the total amount of authorizations that the
Secretary may transfer under the authority of this
section may not exceed $5,000,000,000.
(3) Exception for transfers between military
personnel authorizations.--A transfer of funds between
military personnel authorizations under title IV shall
not be counted toward the dollar limitation in
paragraph (2).
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items
that have a higher priority than the items from which
authority is transferred; and
(2) may not be used to provide authority for an
item that has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN
FISCAL YEAR 2008.
(a) Fiscal Year 2008 Limitation.--The total amount
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).
(b) Total Amount.--The amount of the limitation applicable
under subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the
end of fiscal year 2007, of funds appropriated for
fiscal years before fiscal year 2008 for payments for
those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions
authorized to be made under section 2501.
(c) Authorized Amounts.--Amounts authorized to be
appropriated by titles II and III of this Act are available for
contributions for the common-funded budgets of NATO as follows:
(1) Of the amount provided in section 201(1),
$1,031,000 for the Civil Budget.
(2) Of the amount provided in section 301(1),
$362,159,000 for the Military Budget.
(d) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term
``common-funded budgets of NATO'' means the Military
Budget, the Security Investment Program, and the Civil
Budget of the North Atlantic Treaty Organization (and
any successor or additional account or program of
NATO).
(2) Fiscal year 1998 baseline limitation.--The term
``fiscal year 1998 baseline limitation'' means the
maximum annual amount of Department of Defense
contributions for common-funded budgets of NATO that is
set forth as the annual limitation in section
3(2)(C)(ii) of the resolution of the Senate giving the
advice and consent of the Senate to the ratification of
the Protocols to the North Atlantic Treaty of 1949 on
the Accession of Poland, Hungary, and the Czech
Republic (as defined in section 4(7) of that
resolution), approved by the Senate on April 30, 1998.
SEC. 1003. AUTHORIZATION OF ADDITIONAL EMERGENCY 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 (Public Law 109-
364) are hereby adjusted, with respect to any such authorized
amount, by the amount by which appropriations pursuant to such
authorization are increased by a supplemental appropriation or
by a transfer of funds, or decreased by a rescission, or any
thereof, pursuant to the U.S. Troop Readiness, Veterans' Care,
Katrina Recovery, and Iraq Accountability Appropriations Act,
2007 (Public Law 110-28).
SEC. 1004. MODIFICATION OF FISCAL YEAR 2007 GENERAL TRANSFER AUTHORITY.
Section 1001(a) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2371) is amended by adding at the end the following new
paragraph:
``(3) Exception for certain transfers.--The
following transfers of funds shall be not be counted
toward the limitation in paragraph (2) on the amount
that may be transferred under this section:
``(A) The transfer of funds to the Iraq
Security Forces Fund under reprogramming FY07-
07-R PA.
``(B) The transfer of funds to the Joint
Improvised Explosive Device Defeat Fund under
reprogramming FY07-11 PA.
``(C) The transfer of funds back from the
accounts referred to in subparagraphs (A) and
(B) to restore the sources used in the
reprogrammings referred to in such
subparagraphs.''.
SEC. 1005. FINANCIAL MANAGEMENT TRANSFORMATION INITIATIVE FOR THE
DEFENSE AGENCIES.
(a) Financial Management Transformation Initiative.--
(1) In general.--The Director of the Business
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'').
(2) Scope of authority.--In carrying out the
Initiative, the Director of the Business Transformation
Agency may require the heads of the Defense Agencies to
carry out actions that are within the purpose and scope
of the Initiative.
(b) Purposes.--The purposes of the Initiative shall be as
follows:
(1) To eliminate or replace financial management
systems of the Defense Agencies that are duplicative,
redundant, or fail to comply with the standards set
forth in subsection (d).
(2) To transform the budget, finance, and
accounting 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.
(c) Required Elements.--The Initiative shall include, to
the maximum extent practicable--
(1) the utilization of commercial, off-the-shelf
technologies and web-based solutions;
(2) a standardized technical environment and an
open and accessible architecture; and
(3) the implementation of common business
processes, shared services, and common data structures.
(d) Standards.--In carrying out the Initiative, the
Director of the Business Transformation Agency shall ensure
that the Initiative is consistent with--
(1) the requirements of the Business Enterprise
Architecture and Transition Plan developed pursuant to
section 2222 of title 10, United States Code;
(2) the Standard Financial Information Structure of
the Department of Defense;
(3) the Federal Financial Management Improvement
Act of 1996 (and the amendments made by that Act); and
(4) other applicable requirements of law and
regulation.
(e) Scope.--The Initiative shall be designed to provide, at
a minimum, capabilities in the major process areas for both
general fund and working capital fund operations of the Defense
Agencies as follows:
(1) Budget formulation.
(2) Budget to report, including general ledger and
trial balance.
(3) Procure to pay, including commitments,
obligations, and accounts payable.
(4) Order to fulfill, including billing and
accounts receivable.
(5) Cost accounting.
(6) Acquire to retire (account management).
(7) Time and attendance and employee entitlement.
(8) Grants financial management.
(f) Consultation.--In carrying out subsections (d) and (e),
the Director of the Business Transformation Agency shall
consult with the Comptroller of the Department of Defense to
ensure that any financial management systems developed for the
Defense Agencies, and any changes to the budget, finance, and
accounting operations of the Defense Agencies, are consistent
with the financial standards and requirements of the Department
of Defense.
(g) Program Control.--In carrying out the Initiative, the
Director of the Business Transformation Agency shall
establish--
(1) a board (to be known as the ``Configuration
Control Board'') to manage scope and cost changes to
the Initiative; and
(2) a program management office (to be known as the
``Program Management Office'') to control and enforce
assumptions made in the acquisition plan, the cost
estimate, and the system integration contract for the
Initiative, as directed by the Configuration Control
Board.
(h) 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:
(1) In at least one Defense Agency by not later
than eight months after the date of the enactment of
this Act.
(2) In not less than five Defense Agencies by not
later than 18 months after the date of the enactment of
this Act.
SEC. 1006. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDGET CYCLE FOR THE
DEPARTMENT OF DEFENSE.
Section 1405 of the Department of Defense Authorization
Act, 1986 (Public Law 99-145; 99 Stat. 744; 31 U.S.C. 1105
note) is repealed.
Subtitle B--Policy Relating to Vessels and Shipyards
SEC. 1011. LIMITATION ON LEASING OF VESSELS.
Section 2401 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(h) The Secretary of a military department may make a
contract for the lease of a vessel or for the provision of a
service through use by a contractor of a vessel, the term of
which is for a period of greater than two years, but less than
five years, only if--
``(1) the Secretary has notified the Committee on
Armed Services and the Committee on Appropriations of
the Senate and the Committee on Armed Services and the
Committee on Appropriations of the House of
Representatives of the proposed contract and included
in such notification--
``(A) a detailed description of the terms
of the proposed contract and a justification
for entering into the proposed contract rather
than obtaining the capability provided for by
the lease, charter, or services involved
through purchase of the vessel;
``(B) a determination that entering into
the proposed contract as a means of obtaining
the vessel is the most cost-effective means of
obtaining such vessel; and
``(C) a plan for meeting the requirement
provided by the proposed contract upon
completion of the term of the lease contract;
and
``(2) a period of 30 days of continuous session of
Congress has expired following the date on which notice
was received by such committees.''.
SEC. 1012. POLICY RELATING TO MAJOR COMBATANT VESSELS OF THE STRIKE
FORCES OF THE UNITED STATES NAVY.
(a) Integrated Nuclear Power Systems.--It is the policy of
the United States to construct the major combatant vessels of
the strike forces of the United States Navy, including all new
classes of such vessels, with integrated nuclear power systems.
(b) Requirement to Request Nuclear Vessels.--If a request
is submitted to Congress in the budget for a fiscal year for
construction of a new class of major combatant vessel for the
strike forces of the United States, the request shall be for
such a vessel with an integrated nuclear power system, unless
the Secretary of Defense submits with the request a
notification to Congress that the inclusion of an integrated
nuclear power system in such vessel is not in the national
interest.
(c) Definitions.--In this section:
(1) Major combatant vessels of the strike forces of
the united states navy.--The term ``major combatant
vessels of the strike forces of the United States
Navy'' means the following:
(A) Submarines.
(B) Aircraft carriers.
(C) Cruisers, battleships, or other large
surface combatants whose primary mission
includes protection of carrier strike groups,
expeditionary strike groups, and vessels
comprising a sea base.
(2) Integrated nuclear power system.--The term
``integrated nuclear power system'' means a ship
engineering system that uses a naval nuclear reactor as
its energy source and generates sufficient electric
energy to provide power to the ship's electrical loads,
including its combat systems and propulsion motors.
(3) Budget.--The term ``budget'' means the budget
that is submitted to Congress by the President under
section 1105(a) of title 31, United States Code.
Subtitle C--Counter-Drug Activities
SEC. 1021. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE
SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING
COUNTER-TERRORISM ACTIVITIES.
Section 1022(b) of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 371 note)
is amended by striking ``and 2007'' and inserting ``through
2008''.
SEC. 1022. EXPANSION OF AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR
COUNTER-DRUG ACTIVITIES IN CERTAIN FOREIGN
COUNTRIES.
Subsection (b) of section 1033 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
Stat. 1881), as amended by section 1021(b) of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-
136, 117 Stat. 1593) and section 1022(b) of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2382), is further amended by adding at
the end the following new paragraphs:
``(17) The Government of Mexico.
``(18) The Government of the Dominican Republic.''.
SEC. 1023. REPORT ON COUNTERNARCOTICS ASSISTANCE FOR THE GOVERNMENT OF
HAITI.
(a) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the President shall submit
to Congress a report on counternarcotics assistance for the
Government of Haiti.
(b) Matters To Be Included.--The report required by
subsection (a) shall include the following:
(1) A description and assessment of the
counternarcotics assistance provided to the Government
of Haiti by the Department of Defense, the Department
of State, the Department of Homeland Security, and the
Department of Justice.
(2) A description and assessment of any impediments
to increasing counternarcotics assistance to the
Government of Haiti.
(3) An assessment of the potential for the
provision of counternarcotics assistance for the
Government of Haiti through the United Nations
Stabilization Mission in Haiti.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
Subtitle D--Miscellaneous Authorities and Limitations
SEC. 1031. PROVISION OF AIR FORCE SUPPORT AND SERVICES TO FOREIGN
MILITARY AND STATE AIRCRAFT.
(a) Provision of Support and Services.--
(1) In general.--Section 9626 of title 10, United
States Code, is amended to read as follows:
``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 concerned.
``(2) The supplies and services described in this paragraph
are supplies and services as follows:
``(A) Routine airport services, including landing
and takeoff assistance, servicing aircraft with fuel,
use of runways, parking and servicing, and loading and
unloading of baggage and cargo.
``(B) Miscellaneous supplies, including Air Force-
owned fuel, provisions, spare parts, and general
stores, but not including ammunition.
``(b) Provision of Routine Airport Services on Non-
Reimbursable Basis.--(1) Routine airport services may be
provided under this section at no cost to a foreign country--
``(A) if such services are provided by Air Force
personnel and equipment without direct cost to the Air
Force; or
``(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, as defined in that agreement,
to military and other state aircraft of the United
States without reimbursement.
``(2) If routine airport services are provided under this
section by a working-capital fund activity of the Air Force
under section 2208 of this title and such activity is not
reimbursed directly for the costs incurred by the activity in
providing such services by reason of paragraph (1)(B), the
working-capital fund activity shall be reimbursed for such
costs out of funds currently available to the Air Force for
operation and maintenance.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 939 of such title is amended
by striking the item relating to section 9626 and
inserting the following new item:
``9626. Aircraft supplies and services: foreign military or other state
aircraft.''.
(b) Conforming Amendment.--Section 9629(3) of such title is
amended by striking ``for aircraft of a foreign military or air
attache''.
SEC. 1032. DEPARTMENT OF DEFENSE PARTICIPATION IN STRATEGIC AIRLIFT
CAPABILITY PARTNERSHIP.
(a) Authority To Participate in Partnership.--
(1) Memorandum of understanding.--The Secretary of
Defense may enter into a multilateral memorandum of
understanding authorizing the Strategic Airlift
Capability Partnership to conduct activities necessary
to accomplish its purpose, including--
(A) the acquisition, equipping, ownership,
and operation of strategic airlift aircraft;
and
(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.
(2) Payments.--From funds available to the
Department of Defense for such purpose, the Secretary
of Defense may pay the United States equitable share of
the recurring and non-recurring costs of the activities
and operations of the Strategic Airlift Capability
Partnership, including costs associated with
procurement of aircraft components and spare parts,
maintenance, facilities, and training, and the costs of
claims.
(b) Authorities Under Partnership.--In carrying out the
memorandum of understanding entered into under subsection (a),
the Secretary of Defense may do the following:
(1) Waive reimbursement of the United States for
the cost of the following functions performed by
Department of Defense personnel with respect to the
Strategic Airlift Capability Partnership:
(A) Auditing.
(B) Quality assurance.
(C) Inspection.
(D) Contract administration.
(E) Acceptance testing.
(F) Certification services.
(G) Planning, programming, and management
services.
(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.
(3) Pay the salaries, travel, lodging, and
subsistence expenses of Department of Defense personnel
assigned for duty to the Strategic Airlift Capability
Partnership without seeking reimbursement or cost-
sharing for such expenses.
(c) Crediting of Receipts.--Any amount received by the
United States in carrying out the memorandum of understanding
entered into under subsection (a) shall be credited, as elected
by the Secretary of Defense, to the following:
(1) The appropriation, fund, or account used in
incurring the obligation for which such amount is
received.
(2) An appropriation, fund, or account currently
providing funds for the purposes for which such
obligation was made.
(d) Authority To Transfer Aircraft.--
(1) Transfer authority.--The Secretary of Defense
may transfer one strategic airlift aircraft to the
Strategic Airlift Capability Partnership in accordance
with the terms and conditions of the memorandum of
understanding entered into under subsection (a).
(2) Report.--Not later than 30 days before the date
on which the Secretary transfers a strategic airlift
aircraft under paragraph (1), the Secretary shall
submit to the congressional defense committees a report
on the strategic airlift aircraft to be transferred,
including the type of strategic airlift aircraft to be
transferred and the tail registration or serial number
of such aircraft.
(e) Strategic Airlift Capability Partnership Defined.--In
this section the term ``Strategic Airlift Capability
Partnership'' means the strategic airlift capability consortium
established by the United States and other participating
countries.
SEC. 1033. IMPROVED AUTHORITY TO PROVIDE REWARDS FOR ASSISTANCE IN
COMBATING TERRORISM.
(a) Increased Amounts.--Section 127b of title 10, United
States Code, is amended--
(1) in subsection (b), by striking ``$200,000'' and
inserting ``$5,000,000'';
(2) in subsection (c)(1)(B), by striking
``$50,000'' and inserting ``$1,000,000''; and
(3) in subsection (d)(2), by striking ``$100,000''
and inserting ``$2,000,000''.
(b) Involvement of Allied Forces.--Such section is further
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1),
by inserting after ``United States Government
personnel'' the following: ``, or government
personnel of allied forces participating in a
combined operation with the armed forces,'';
(B) in paragraph (1), by inserting after
``armed forces'' the following: ``, or of
allied forces participating in a combined
operation with the armed forces,''; and
(C) in paragraph (2), by inserting after
``armed forces'' the following: ``, or of
allied forces participating in a combined
operation with the armed forces''; and
(2) in subsection (c), by adding at the end the
following:
``(3)(A) Subject to subparagraphs (B) and (C), an official
who has authority delegated under paragraph (1) or (2) may use
that authority, acting through government personnel of allied
forces, to offer and make rewards.
``(B) The Secretary of Defense shall prescribe policies and
procedures for making rewards in the manner described in
subparagraph (A), which shall include guidance for the
accountability of funds used for making rewards in that manner.
The policies and procedures shall not take effect until 30 days
after the date on which the Secretary submits the policies and
procedures to the congressional defense committees. Rewards may
not be made in the manner described in subparagraph (A) except
under policies and procedures that have taken effect.
``(C) Rewards may not be made in the manner described in
subparagraph (A) after September 30, 2009.
``(D) Not later than April 1, 2008, the Secretary of
Defense shall submit to the congressional defense committees a
report on the implementation of this paragraph. The report
shall identify each reward made in the manner described in
subparagraph (A) and, for each such reward--
``(i) identify the type, amount, and recipient of
the reward;
``(ii) explain the reason for making the reward;
and
``(iii) assess the success of the reward in
advancing the effort to combat terrorism.''.
(c) Annual Report To Include Specific Information on
Additional Authority.--Section 127b of title 10, United States
Code, is further amended in subsection (f)(2) by adding at the
end the following new subparagraph:
``(D) Information on the implementation of
paragraph (3) of subsection (c).''.
SEC. 1034. SUPPORT FOR NON-FEDERAL DEVELOPMENT AND TESTING OF MATERIAL
FOR CHEMICAL AGENT DEFENSE.
(a) Authority to Provide Toxic Chemicals or Precursors.--
(1) In general.--The Secretary of Defense, in
coordination with the heads of other elements of the
Federal Government, may make available, to a State, a
unit of local government, or a private entity
incorporated in the United States, small quantities of
a toxic chemical or precursor for the development or
testing, in the United States, of material that is
designed to be used for protective purposes.
(2) Terms and conditions.--Any use of the authority
under paragraph (1) shall be subject to such terms and
conditions as the Secretary considers appropriate.
(b) Payment of Costs and Disposition of Funds.--
(1) In general.--The Secretary shall ensure,
through the advance payment required by paragraph (2)
and through any other payments that may be required,
that a recipient of toxic chemicals or precursors under
subsection (a) pays for all actual costs, including
direct and indirect costs, associated with providing
the toxic chemicals or precursors.
(2) Advance payment.--In carrying out paragraph
(1), the Secretary shall require each recipient to make
an advance payment in an amount that the Secretary
determines will equal all such actual costs.
(3) Credits.--A payment received under this
subsection shall be credited to the account that was
used to cover the costs for which the payment was
provided. Amounts so credited shall be merged with
amounts in that account, and shall be available for the
same purposes, and subject to the same conditions and
limitations, as other amounts in that account.
(c) Chemical Weapons Convention.--The Secretary shall
ensure that toxic chemicals and precursors are made available
under this section for uses and in quantities that comply with
the Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on
Their Destruction, signed at Paris on January 13, 1993, and
entered into force with respect to the United States on April
29, 1997.
(d) Report.--
(1) Not later than March 15, 2008, and each year
thereafter, the Secretary shall submit to Congress a
report on the use of the authority under subsection (a)
during the previous calendar year. The report shall
include a description of each use of the authority and
specify what material was made available and to whom it
was made available.
(2) Each report under paragraph (1) shall be
submitted in unclassified form, but may include a
classified annex.
(e) Definitions.--In this section, the terms ``precursor'',
``protective purposes'', and ``toxic chemical'' have the
meanings given those terms in the convention referred to in
subsection (c), in paragraph 2, paragraph 9(b), and paragraph
1, respectively, of article II of that convention.
SEC. 1035. PROHIBITION ON SALE OF F-14 FIGHTER AIRCRAFT AND RELATED
PARTS.
(a) Prohibition on Sale by Department of Defense.--
(1) In general.--Except as provided in paragraph
(2), the Department of Defense may not sell (whether
directly or indirectly) any F-14 fighter aircraft, any
parts unique to the F-14 fighter aircraft, or any
tooling or dies used in the manufacture of such
aircraft or parts, whether such sales occur through the
Defense Reutilization and Marketing Service or through
another agency or element of the Department.
(2) Exception.--Paragraph (1) shall not apply with
respect to the sale of F-14 fighter aircraft or parts
for F-14 fighter aircraft to a museum or similar
organization located in the United States that is
involved in the preservation of F-14 fighter aircraft
for historical purposes.
(b) Prohibition on Export License.--No license for the
export of any F-14 fighter aircraft, any parts unique to the F-
14 fighter aircraft, or any tooling or dies used in the
manufacture of such aircraft or parts may be issued by the
United States Government to a non-United States person or
entity.
Subtitle E--Reports
SEC. 1041. EXTENSION AND MODIFICATION OF REPORT RELATING TO HARDENED
AND DEEPLY BURIED TARGETS.
Section 1032 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116
Stat. 2643; 10 U.S.C. 2358 note) is amended--
(1) in the heading, by striking ``ANNUAL REPORT ON
WEAPONS'' and inserting ``REPORT ON WEAPONS AND
CAPABILITIES'';
(2) in subsection (a)--
(A) in the heading, by striking ``Annual'';
(B) by striking ``April 1 of each year''
and inserting ``March 1, 2009, and every two
years thereafter,'';
(C) by striking ``Director of Central
Intelligence'' and inserting ``Director of
National Intelligence'';
(D) by striking ``the preceding fiscal
year'' and inserting ``the preceding two fiscal
years and planned for the current fiscal year
and the next fiscal year''; and
(E) by striking ``to develop weapons'' and
inserting ``to develop weapons and
capabilities'';
(3) in subsection (b)--
(A) in the matter preceding paragraph (1),
by striking ``The report for a fiscal year''
and inserting ``A report submitted'';
(B) in paragraph (1), by striking ``were
undertaken during that fiscal year'' and
inserting ``were or will be undertaken during
the four-fiscal-year period covered by the
report''; and
(C) in paragraph (2) in the matter
preceding subparagraph (A), by striking ``were
undertaken during such fiscal year'' and
inserting ``were or will be undertaken during
the four-fiscal-year period covered by the
report''; and
(4) in subsection (d), by striking ``April 1,
2007'' and inserting ``March 1, 2013''.
SEC. 1042. REPORT ON JOINT MODELING AND SIMULATION ACTIVITIES.
(a) Report Required.--Not later than December 31, 2008, the
Secretary of Defense shall submit to the congressional defense
committees a report that describes current and planned joint
modeling and simulation activities within the Department of
Defense.
(b) Matters To Be Included.--The report under subsection
(a) shall include the following:
(1) An identification and description of how joint
modeling and simulation activities support the
development of capabilities to meet joint and service-
unique military requirements and needs, in areas
including but not limited to joint training,
experimentation, systems acquisition, test and
evaluation, assessment, and planning.
(2) A description of how joint modeling and
simulation activities are supportive of Department-
level strategies and goals.
(3) For each appropriate element of the Department
of Defense and each appropriate combatant command--
(A) An identification of modeling and
simulation capabilities; and
(B) A description of plans and programs to
continuously introduce new modeling and
simulation technologies so as to enhance
defense capabilities.
(4) A description of incentives and plans to reduce
or divest duplicative or outdated capabilities as
necessary.
(5) Plans or activities to allow non-defense users
to access defense joint modeling and simulation
activities, as appropriate.
(6) Budget and resource estimates, including
government and contractor personnel requirements, for
planned joint modeling and simulation activities.
(7) A description of the relationship and
coordination between and among joint modeling and
simulation activities and the modeling and simulation
activities of elements of the Department of Defense,
Federal agencies, State and local governments,
academia, private industry, United States and
international standards organizations, and
international partners.
(8) Any other matters the Secretary considers
appropriate.
(c) Consultation.--The report under (a) shall be developed
in consultation with appropriate military departments, Defense
Agencies, combatant commands, and other defense activities.
SEC. 1043. RENEWAL OF SUBMITTAL OF PLANS FOR PROMPT GLOBAL STRIKE
CAPABILITY.
Section 1032(b)(1) of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1605;
10 U.S.C. 113 note) is amended by inserting ``and each of 2007,
2008, and 2009,'' after ``2004, 2005, and 2006,''.
SEC. 1044. REPORT ON WORKFORCE REQUIRED TO SUPPORT THE NUCLEAR MISSIONS
OF THE NAVY AND THE DEPARTMENT OF ENERGY.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of Energy shall each submit to Congress a report on
the requirements for a workforce to support the nuclear
missions of the Navy and the Department of Energy during the
10-year period beginning on the date of the report.
(b) Elements.--Each report shall include--
(1) a description of the projected nuclear missions
of the Navy and the Department of Energy during the 10-
year period beginning on the date of the report;
(2) an assessment of existing knowledge retention
programs within the Department of Defense, the
Department of Energy, the national laboratories, and
federally funded research facilities that support the
nuclear missions of the Navy and the Department of
Energy, and any planned changes in those programs; and
(3) a plan to address anticipated workforce
attrition, retirement, and recruiting trends during
that period and ensure an adequate workforce in support
of the nuclear missions of the Navy and the Department
of Energy.
SEC. 1045. COMPTROLLER GENERAL REPORT ON DEFENSE FINANCE AND ACCOUNTING
SERVICE RESPONSE TO BUTTERBAUGH V. DEPARTMENT OF
JUSTICE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the congressional defense
committees a report setting forth an assessment by the
Comptroller General of the response of the Defense Finance and
Accounting Service to the decision in Butterbaugh v. Department
of Justice (336 F.3d 1332 (2003)).
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An estimate of the number of members of the
reserve components of the Armed Forces, both past and
present, who are entitled to compensation under the
decision in Butterbaugh v. Department of Justice.
(2) An assessment of the current policies,
procedures, and timeliness of the Defense Finance and
Accounting Service in implementing and resolving claims
under the decision in Butterbaugh v. Department of
Justice.
(3) An assessment whether or not the decisions made
by the Defense Finance and Accounting Service in
implementing the decision in Butterbaugh v. Department
of Justice follow a consistent pattern of resolution.
(4) An assessment of whether or not the decisions
made by the Defense Finance and Accounting Service in
implementing the decision in Butterbaugh v. Department
of Justice are resolving claims by providing more
compensation than an individual has been able to prove,
under the rule of construction that laws providing
benefits to veterans are liberally construed in favor
of the veteran.
(5) An estimate of the total amount of compensation
payable to members of the reserve components of the
Armed Forces, both past and present, as a result of the
recent decision in Hernandez v. Department of the Air
Force (No. 2006-3375, slip op.) that leave can be
reimbursed for Reserve service before 1994, when
Congress enacted chapter 43 of title 38, United States
Code (commonly referred to as the ``Uniformed Services
Employment and Reemployment Rights Act'').
(6) A comparative assessment of the handling of
claims by the Defense Finance and Accounting Service
under the decision in Butterbaugh v. Department of
Justice with the handling of claims by other Federal
agencies (selected by the Comptroller General for
purposes of the comparative assessment) under that
decision.
(7) A statement of the number of claims by members
of the reserve components of the Armed Forces under the
decision in Butterbaugh v. Department of Justice that
have been adjudicated by the Defense Finance and
Accounting Service.
(8) A statement of the number of claims by members
of the reserve components of the Armed Forces under the
decision in Butterbaugh v. Department of Justice that
have been denied by the Defense Finance and Accounting
Service.
(9) A comparative assessment of the average amount
of time required for the Defense Finance and Accounting
Service to resolve a claim under the decision in
Butterbaugh v. Department of Justice with the average
amount of time required by other Federal agencies (as
so selected) to resolve a claim under that decision.
(10) A comparative statement of the backlog of
claims with the Defense Finance and Accounting Service
under the decision in Butterbaugh v. Department of
Justice with the backlog of claims of other Federal
agencies (as so selected) under that decision.
(11) An estimate of the amount of time required for
the Defense Finance and Accounting Service to resolve
all outstanding claims under the decision in
Butterbaugh v. Department of Justice.
(12) An assessment of the reasonableness of the
requirement of the Defense Finance and Accounting
Service for the submittal by members of the reserve
components of the Armed Forces of supporting
documentation for claims under the decision in
Butterbaugh v. Department of Justice.
(13) A comparative assessment of the requirement of
the Defense Finance and Accounting Service for the
submittal by members of the reserve components of the
Armed Forces of supporting documentation for claims
under the decision in Butterbaugh v. Department of
Justice with the requirement of other Federal agencies
(as so selected) for the submittal by such members of
supporting documentation for such claims.
(14) Such recommendations for legislative action as
the Comptroller General considers appropriate in light
of the decision in Butterbaugh v. Department of Justice
and the decision in Hernandez v. Department of the Air
Force.
SEC. 1046. STUDY ON SIZE AND MIX OF AIRLIFT FORCE.
(a) Study Required.--The Secretary of Defense shall conduct
a requirements-based study on alternatives for the proper size
and mix of fixed-wing intratheater and intertheater airlift
assets to meet the National Military Strategy for each of the
following timeframes: fiscal year 2012, 2018, and 2024. The
study shall--
(1) focus on organic and commercially programmed
airlift capabilities;
(2) analyze the full-spectrum lifecycle costs of
the various alternatives for organic models of each of
the following aircraft: C-5A/B/C/M, C-17A, KC-X, KC-10,
KC-135R, C-130E/H/J, Joint Cargo Aircraft; and
(3) incorporate the augmentation capability,
viability, and feasibility of the Civil Reserve Air
Fleet during activation stages I, II, and III.
(b) Use of FFRDC.--The Secretary shall select, to carry out
the study required by subsection (a), a federally funded
research and development center that has experience and
expertise in conducting similar studies.
(c) Study Plan.--The study required by subsection (a) shall
be carried out under a study plan. The study plan shall be
developed as follows:
(1) The center selected under subsection (b) shall
develop the study plan and shall, not later than 60
days after the date of enactment of this Act, submit
the study plan to the congressional defense committees,
the Secretary, and the Comptroller General of the
United States.
(2) The Comptroller General shall review the study
plan to determine whether it is complete and objective,
and whether it has any flaws or weaknesses in scope or
methodology, and shall, not later than 30 days after
receiving the study plan, submit to the Secretary and
the center a report that contains the results of that
review and provides any recommendations that the
Comptroller General considers appropriate for
improvements to the study plan.
(3) The center shall modify the study plan to
incorporate the recommendations under paragraph (2) and
shall, not later than 45 days after receiving that
report, submit to the Secretary and the congressional
defense committees a report on those modifications. The
report shall describe each modification and, if the
modifications do not incorporate one or more of the
recommendations, shall explain the reasons for not
doing so.
(d) Elements of Study Plan.--The study plan required by
subsection (c) shall address, at minimum, the following:
(1) A description of lift requirements and
operating profiles for airlift aircraft required to
meet the National Military Strategy, including
assumptions regarding the following:
(A) Current and future military combat and
support missions.
(B) The planned force structure growth of
the military services.
(C) Potential changes in lift requirements,
including the deployment of the Future Combat
Systems by the Army.
(D) New capability in airlift to be
provided by the KC(X) aircraft and the expected
utilization of such capability, including its
use in intratheater lift.
(E) The utilization of intertheater lift
aircraft in intratheater combat mission support
roles.
(F) The availability and application of
Civil Reserve Air Fleet assets in future
military scenarios.
(G) Air mobility requirements associated
with the Global Rebasing Initiative of the
Department of Defense.
(H) Air mobility requirements in support of
worldwide peacekeeping and humanitarian
missions.
(I) Air mobility requirements in support of
homeland defense and national emergencies.
(J) The viability and capability of the
Civil Reserve Air Fleet to augment organic
forces in both friendly and hostile
environments.
(K) An assessment of the Civil Reserve Air
Fleet to adequately augment the organic fleet
as it relates to commercial inventory
management restructuring in response to future
commercial markets, streamlining of operations,
efficiency measures, or downsizing of the
participant.
(2) An evaluation of the state of the current
airlift fleet of the Air Force, including assessments
of the following:
(A) The extent to which the increased use
of airlift aircraft in ongoing operations is
affecting the programmed service life of the
aircraft of that fleet.
(B) The adequacy of the current airlift
force, including whether or not a minimum of
299 strategic airlift aircraft for the Air
Force is sufficient to support future
expeditionary combat and non-combat missions,
as well as domestic and training mission
demands consistent with the requirements of
meeting the National Military Strategy.
(C) The optimal mix of C-5 and C-17
aircraft for the strategic airlift fleet of the
Air Force, to include the following:
(i) The cost-effectiveness of
modernizing various iterations of the
C-5A and C-5B/C aircraft fleet versus
procuring additional C-17 aircraft.
(ii) The military capability,
operational availability, usefulness,
and service life of the C-5A/B/C/M
aircraft and the C-17 aircraft. Such an
assessment shall examine appropriate
metrics, such as aircraft availability
rates, departure rates, and mission
capable rates, in each of the following
cases:
(I) Completion of the
Avionics Modernization Program
and the Reliability Enhancement
and Re-engining Program.
(II) Partial completion of
the Avionics Modernization
Program and the Reliability
Enhancement and Re-engining
Program, with partial
completion of either such
program being considered the
point at which the continued
execution of each program is no
longer supported by the cost-
effectiveness analysis.
(iii) At what specific fleet
inventory for each organic aircraft, to
include air refueling aircraft used in
the airlift role, would it impede the
ability of Civil Reserve Air Fleet
participants to remain a viable
augmentation option.
(D) An analysis and assessment of the
lessons that may be learned from the experience
of the Air Force in restarting the production
line for the C-5 aircraft after having closed
the line for several years, and recommendations
for the actions that the Department of Defense
should take to ensure that the production line
for the C-17 aircraft could be restarted if
necessary, including--
(i) an analysis of the methods that
were used and costs that were incurred
in closing and re-opening the
production line for the C-5 aircraft;
(ii) an assessment of the methods
and actions that should be employed and
the expected costs and risks of closing
and re-opening the production line for
the C-17 aircraft in view of that
experience.
Such analysis and assessment should deal with
issues such as production work force,
production facilities, tooling, industrial base
suppliers, contractor logistics support versus
organic maintenance, and diminished
manufacturing sources.
(E) Assessing the military capability,
operational availability, usefulness, service
life and optimal mix of intra-theater airlift
aircraft, to include--
(i) the cost-effectiveness of
procuring the Joint Cargo Aircraft
versus procuring additional C-130J or
refurbishing C-130E/H platforms to meet
intra-theater airlift requirements of
the combatant commander and component
commands; and
(ii) the cost-effectiveness of
procuring additional C-17 aircraft
versus procuring additional C-130J
platforms or refurbishing C-130E/H
platforms to meet intra-theater airlift
requirements of the combatant commander
and component commands.
(3) Each analysis required by paragraph (2) shall
include--
(A) a description of the assumptions and
sensitivity analysis utilized in the study
regarding aircraft performances and cargo
loading factors; and
(B) a comprehensive statement of the data
and assumptions utilized in making the program
life cycle cost estimates and a comparison of
cost and risk associated with the optimally
mixed fleet of airlift aircraft versus the
program of record airlift aircraft fleet.
(e) Utilization of Other Studies.--The study required by
subsection (a) shall build upon the results of the 2005
Mobility Capabilities Studies, the ongoing Intratheater Airlift
Fleet Mix Analysis, the Intratheater Lift Capabilities Study,
the Joint Future Theater Airlift Capabilities Analysis, and
other appropriate studies and analyses, such as Fleet Viability
Board Reports or special aircraft assessments. The study shall
also include any testing data collected on modernization,
recapitalization, and upgrade efforts of current organic
aircraft.
(f) Collaboration With United States Transportation
Command.--In conducting the study required by subsection (a)
and preparing the report required by subsection (c)(3), the
center shall collaborate with the commander of the United
States Transportation Command.
(g) Collaboration With Cost Analysis Improvement Group.--In
conducting the study required by subsection (a) and
constructing the analysis required by subsection (a)(2), the
center shall collaborate with the Cost Analysis Improvement
Group of the Department of Defense.
(h) Report.--Not later than January 10, 2009, the center
selected under subsection (b) shall submit to the Secretary and
the congressional defense committees a report on the study
required by subsection (a). The report shall be submitted in
unclassified form, but shall include a classified annex.
SEC. 1047. REPORT ON FEASIBILITY OF ESTABLISHING A DOMESTIC MILITARY
AVIATION NATIONAL TRAINING CENTER.
(a) In General.--Not later than June 1, 2008, the Secretary
of Defense shall submit to the congressional defense committees
a report to determine the feasibility of establishing a Border
State Aviation Training Center (BSATC) to support the current
and future requirements of the existing RC-26 training site for
counterdrug activities, located at the Fixed Wing Army National
Guard Aviation Training Site (FWAATS), including the domestic
reconnaissance and surveillance missions of the National Guard
in support of local, State, and Federal law enforcement
agencies, provided that the activities to be conducted at the
BSATC shall not duplicate or displace any activity or program
at the RC-26 training site or the FWAATS.
(b) Content.--The report required under subsection (a)
shall--
(1) examine the current and past requirements of
RC-26 aircraft in support of local, State, and Federal
law enforcement and determine the number of additional
aircraft required to provide such support for each
State that borders Canada, Mexico, or the Gulf of
Mexico;
(2) determine the number of military and civilian
personnel required to run a RC-26 domestic training
center meeting the requirements identified under
paragraph (1);
(3) determine the requirements and cost of locating
such a training center at a military installation for
the purpose of preempting and responding to security
threats and responding to crises; and
(4) include a comprehensive review of the number
and type of intelligence, reconnaissance, and
surveillance platforms needed for the National Guard to
effectively provide domestic operations and civil
support (including homeland defense and counterdrug) to
local, State, and Federal law enforcement and first
responder entities and how those platforms would
provide additional capabilities not currently available
from the assets of other local, State, and Federal
agencies.
(c) Consultation.--In preparing the report required under
subsection (a), the Secretary of Defense shall consult with the
Adjutant General of each State that borders Canada, Mexico, or
the Gulf of Mexico, the Adjutant General of the State of West
Virginia, and the National Guard Bureau.
SEC. 1048. LIMITED FIELD USER EVALUATIONS FOR COMBAT HELMET PAD
SUSPENSION SYSTEMS.
(a) In General.--The Secretary of Defense shall carry out a
limited field user evaluation and operational assessment of
qualified combat helmet pad suspension systems. The evaluation
and assessment shall be carried out using verified product
representative samples from combat helmet pad suspension
systems that are qualified as of the date of the enactment of
this Act.
(b) Report.--Not later than September 30, 2008, the
Secretary shall submit to the congressional defense committees
a report on the results of the limited field user evaluation
and operational assessment.
(c) Funding.--The limited field user evaluation and
operational assessment required by subsection (a) shall be
conducted using funds appropriated pursuant to an authorization
of appropriations or otherwise made available for fiscal year
2008 for operation and maintenance, Army, for soldier
protection and safety.
SEC. 1049. STUDY ON NATIONAL SECURITY INTERAGENCY SYSTEM.
(a) Study Required.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of Defense shall
enter into an agreement with an independent, non-profit, non-
partisan organization to conduct a study on the national
security interagency system.
(b) Report.--The agreement entered into under subsection
(a) shall require the organization to submit to Congress and
the 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.
(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 September
1, 2008.
(d) National Security Interagency System Defined.--In this
section, the term ``national security interagency system''
means the structures, mechanisms, and processes by which the
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.
(e) Funding.--Of the amount authorized to be appropriated
by section 301(5) for operation and maintenance for Defense-
wide activities, not more than $3,000,000 may be available to
carry out this section.
SEC. 1050. REPORT ON SOLID ROCKET MOTOR INDUSTRIAL BASE.
(a) Report.--Not later than 190 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on the status,
capability, viability, and capacity of the solid rocket motor
industrial base in the United States.
(b) Content.--The report required under subsection (a)
shall include the following:
(1) An assessment of the ability to maintain the
Minuteman III intercontinental ballistic missile
through its planned operational life.
(2) An assessment of the ability to maintain the
Trident II D-5 submarine launched ballistic missile
through its planned operational life.
(3) An assessment of the ability to maintain all
other space launch, missile defense, and other vehicles
with solid rocket motors, through their planned
operational lifetimes.
(4) An assessment of the ability to support
projected future requirements for vehicles with solid
rocket motors to support space launch, missile defense,
or any range of ballistic missiles determined to be
necessary to meet defense needs or other requirements
of the United States Government.
(5) An assessment of the required materials, the
supplier base, the production facilities, and the
production workforce needed to ensure that current and
future requirements could be met.
(6) An assessment of the adequacy of the current
and projected industrial base support programs to
support the full range of projected future requirements
identified in paragraph (4).
SEC. 1051. REPORTS ON ESTABLISHMENT OF A MEMORIAL FOR MEMBERS OF THE
ARMED FORCES WHO DIED IN THE AIR CRASH IN BAKERS
CREEK, AUSTRALIA, AND ESTABLISHMENT OF OTHER
MEMORIALS IN ARLINGTON NATIONAL CEMETERY.
(a) Bakers Creek Memorial.--Not later than April 1, 2008,
the Secretary of the Army shall submit to the Committee on
Armed Services and the Committee on Veterans' Affairs of the
House of Representatives and the Committee on Armed Services
and the Committee on Veterans' Affairs of the Senate a report
containing a discussion of locations outside of Arlington
National Cemetery that would serve as a suitable location for
the establishment of a memorial to honor the memory of the 40
members of the Armed Forces of the United States who lost their
lives in the air crash at Bakers Creek, Australia, on June 14,
1943.
(b) Memorials in Arlington National Cemetery.--Not later
than April 1, 2008, the Secretary of the Army shall submit to
the congressional committees specified in subsection (a) a
report containing--
(1) recommendations to implement the results of the
study regarding proposals for the construction of new
memorials in Arlington National Cemetery that was
conducted pursuant to section 2897 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal
Year 2005 (Public Law 108-375; 118 Stat. 2157); and
(2) proposed legislation, if necessary, to
implement the results of the study.
Subtitle F--Other Matters
SEC. 1061. REIMBURSEMENT FOR NATIONAL GUARD SUPPORT PROVIDED TO FEDERAL
AGENCIES.
Section 377 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``To the
extent'' and inserting ``Subject to subsection (c), to
the extent''; and
(2) by striking subsection (b) and inserting the
following new subsections:
``(b)(1) Subject to subsection (c), the Secretary of
Defense shall require a Federal agency to which law enforcement
support or support to a national special security event is
provided by National Guard personnel performing duty under
section 502(f) of title 32 to reimburse the Department of
Defense for the costs of that support, notwithstanding any
other provision of law. No other provision of this chapter
shall apply to such support.
``(2) Any funds received by the Department of Defense under
this subsection as reimbursement for support provided by
personnel of the National Guard shall be credited, at the
election of the Secretary of Defense, to the following:
``(A) The appropriation, fund, or account used to
fund the support.
``(B) The appropriation, fund, or account currently
available for reimbursement purposes.
``(c) An agency to which support is provided under this
chapter or section 502(f) of title 32 is not required to
reimburse the Department of Defense for such support if the
Secretary of Defense waives reimbursement. The Secretary may
waive the reimbursement requirement under this subsection if
such support--
``(1) is provided in the normal course of military
training or operations; or
``(2) results in a benefit to the element of the
Department of Defense or personnel of the National
Guard providing the support that is substantially
equivalent to that which would otherwise be obtained
from military operations or training.''.
SEC. 1062. CONGRESSIONAL COMMISSION ON THE STRATEGIC POSTURE OF THE
UNITED STATES.
(a) Establishment.--There is hereby established a
commission to be known as the ``Congressional Commission on the
Strategic Posture of the United States''. The purpose of the
commission is to examine and make recommendations with respect
to the long-term strategic posture of the United States.
(b) Composition.--
(1) Membership.--The commission shall be composed
of 12 members appointed as follows:
(A) Three by the chairman of the Committee
on Armed Services of the House of
Representatives.
(B) Three by the ranking minority member of
the Committee on Armed Services of the House of
Representatives.
(C) Three by the chairman of the Committee
on Armed Services of the Senate.
(D) Three by the ranking minority member of
the Committee on Armed Services of the Senate.
(2) Chairman; vice chairman.--
(A) Chairman.--The chairman of the
Committee on Armed Services of the House of
Representatives and the chairman of the
Committee on Armed Services of the Senate shall
jointly designate one member of the commission
to serve as chairman of the commission.
(B) Vice chairman.--The ranking minority
member of the Committee on Armed Services of
the House of Representatives and the ranking
minority member of the Committee on Armed
Services of the Senate shall jointly designate
one member of the commission to serve as vice
chairman of the commission.
(3) Period of appointment; vacancies.--Members
shall be appointed for the life of the commission. Any
vacancy in the commission shall be filled in the same
manner as the original appointment.
(c) Duties.--
(1) Review.--The commission shall conduct a review
of the strategic posture of the United States,
including a strategic threat assessment and a detailed
review of nuclear weapons policy, strategy, and force
structure.
(2) Assessment and recommendations.--
(A) Assessment.--The commission shall
assess the benefits and risks associated with
the current strategic posture and nuclear
weapons policies of the United States.
(B) Recommendations.--The commission shall
make recommendations as to the most appropriate
strategic posture and most effective nuclear
weapons strategy.
(d) Cooperation From Government.--
(1) Cooperation.--In carrying out its duties, the
commission shall receive the full and timely
cooperation of the Secretary of Defense, the Secretary
of Energy, the Secretary of State, the Director of
National Intelligence, and any other United States
Government official in providing the commission with
analyses, briefings, and other information necessary
for the fulfillment of its responsibilities.
(2) Liaison.--The Secretary of Defense, the
Secretary of Energy, the Secretary of State, and the
Director of National Intelligence shall each designate
at least one officer or employee of the Department of
Defense, the Department of Energy, the Department of
State, and the intelligence community, respectively, to
serve as a liaison officer between the department (or
the intelligence community, as the case may be) and the
commission.
(e) Report.--Not later than December 1, 2008, the
commission shall submit to the President, the Secretary of
Defense, the Secretary of Energy, the Secretary of State, the
Committee on Armed Services of the Senate, and the Committee on
Armed Services of the House of Representatives a report on the
commission's findings, conclusions, and recommendations. The
report shall identify the strategic posture and nuclear weapons
strategy recommended under subsection (c)(2)(B) and shall
include--
(1) the military capabilities and force structure
necessary to support the strategy, including both
nuclear and non-nuclear capabilities that might support
the strategy;
(2) the number of nuclear weapons required to
support the strategy, including the number of
replacement warheads required, if any;
(3) the appropriate qualitative analysis, including
force-on-force exchange modeling, to calculate the
effectiveness of the strategy under various scenarios;
(4) the nuclear infrastructure (that is, the size
of the nuclear complex) required to support the
strategy;
(5) an assessment of the role of missile defenses
in the strategy;
(6) an assessment of the role of nonproliferation
programs in the strategy;
(7) the political and military implications of the
strategy for the United States and its allies; and
(8) any other information or recommendations
relating to the strategy (or to the strategic posture)
that the commission considers appropriate.
(f) Funding.--Of the amounts appropriated or otherwise made
available pursuant to this Act to the Department of Defense,
$5,000,000 is available to fund the activities of the
commission.
(g) Termination.--The commission shall terminate on June 1,
2009.
SEC. 1063. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) Chapter 3 is amended--
(A) by redesignating the section 127c added
by section 1201(a) of the John Warner National
Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2410) as section
127d and transferring that section so as to
appear immediately after the section 127c added
by section 1231(a) of the National Defense
Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3467); and
(B) by revising the table of sections at
the beginning of such chapter to reflect the
redesignation and transfer made by paragraph
(1).
(2) Section 629(d)(1) is amended by inserting a
comma after ``(a)''.
(3) Section 662(b) is amended by striking
``paragraphs (1), (2), and (3) of subsection (a)'' and
inserting ``paragraphs (1) and (2) of subsection (a)''.
(4) Subsections (c) and (d) of section 948r are
each amended by striking ``Defense Treatment Act of
2005'' each place it appears and inserting ``Detainee
Treatment Act of 2005''.
(5) The table of sections at the beginning of
subchapter VI of chapter 47A is amended by striking the
item relating to section 950j and inserting the
following:
``950j. Finality of proceedings, findings, and sentences.''.
(6) Section 950f(b) is amended by striking ``No
person may be serve'' and inserting ``No person may
serve''.
(7) The heading for section 950j is amended by
striking ``Finality or'' and inserting ``Finality of
''.
(8) Section 1034(b)(2) is amended by inserting
``unfavorable'' before ``action'' the second place it
appears.
(9) Section 1588(d)(1)(B) is amended by striking
``the Act of March 9, 1920, commonly known as the
`Suits in Admiralty Act' (41 Stat. 525; 46 U.S.C. App.
741 et seq.) and the Act of March 3, 1925, commonly
known as the `Public Vessels Act' (43 Stat. 1112; 46
U.S.C. App. 781 et seq.)'' and inserting ``chapters 309
and 311 of title 46''.
(10) The table of sections at the beginning of
chapter 137 is amended by striking the item relating to
section 2333 and inserting the following new item:
``2333. Joint policies on requirements definition, contingency program
management, and contingency contracting.''.
(11) The table of sections at the beginning of
chapter 141 is amended by inserting a period at the end
of the item relating to section 2410p.
(12) The table of sections at the beginning of
chapter 152 is amended by inserting a period at the end
of the item relating to section 2567.
(13) Section 2583(e) is amended by striking
``Dogs'' and inserting ``Animals''.
(14) Section 2668(e) is amended by striking ``and
(d)'' and inserting ``and (e)''.
(15) Section 12304(a) is amended by striking the
second period at the end.
(16) Section 14310(d)(1) is amended by inserting a
comma after ``(a)''.
(b) Title 37, United States Code.--Section 302c(d)(1) of
title 37, United States Code, is amended by striking ``Services
Corps'' and inserting ``Service Corps''.
(c) John Warner National Defense Authorization Act for
Fiscal Year 2007.--Effective as of October 17, 2006, and as if
included therein as enacted, the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364) is
amended as follows:
(1) Section 333(a) (120 Stat. 2151) is amended--
(A) by striking ``Section 332(c)'' and
inserting ``Section 332''; and
(B) in paragraph (1), by inserting ``in
subsection (c),'' after ``(1)''.
(2) Section 348(2) (120 Stat. 2159) is amended by
striking ``60 days of'' and inserting ``60 days
after''.
(3) Section 511(a)(2)(D)(i) (120 Stat. 2182) is
amended by inserting a comma after ``title''.
(4) Section 591(b)(1) (120 Stat. 2233) is amended
by inserting a period after ``this title''.
(5) Section 606(b)(1)(A) (120 Stat. 2246) is
amended by striking ``in'' and inserting ``In''.
(6) Section 670(b) (120 Stat. 2269) is amended by
striking ``such title'' and inserting ``such chapter''.
(7) Section 673 (120 Stat. 2271) is amended--
(A) in subsection (a)(1), by inserting
``the second place it appears'' before ``and
inserting'';
(B) in subsection (b)(1)--
(i) by striking ``Section'' and
inserting ``Subsection (a) of
section''; and
(ii) by inserting ``the second
place it appears'' before ``and
inserting''; and
(C) in subsection (c)(1), by inserting
``the second place it appears'' before ``and
inserting''.
(8) Section 842(a)(2) (120 Stat. 2337) is amended
by striking ``adding at the end'' and inserting
``inserting after the item relating to section 2533a''.
(9) Section 1017(b)(2) (120 Stat. 2379; 10 U.S.C.
2631 note) is amended by striking ``section 27'' and
all that follows through the period at the end and
inserting ``sections 12112 and 50501 and chapter 551 of
title 46, United States Code.''.
(10) Section 1071(f) (120 Stat. 2402) is amended by
striking ``identical'' both places it appears.
(11) Section 1231(d) (120 Stat. 2430; 22 U.S.C.
2776a(d)) is amended by striking ``note''.
(12) Section 2404(b)(2)(A)(ii) (120 Stat. 2459) is
amended by striking ``2906 of such Act'' and inserting
``2906A of such Act''.
(13) Section 2831 (120 Stat. 2480) is amended--
(A) by striking ``Section 2667(d)'' and
inserting ``Section 2667(e)''; and
(B) by inserting ``as redesignated by
section 662(b)(1) of this Act,'' after
``Code,''.
(d) Public Law 109-366.--Effective as of October 17, 2006,
and as if included therein as enacted, Public Law 109-366 is
amended as follows:
(1) Section 8(a)(3) (120 Stat. 2636) is amended by
inserting a semicolon after ``subsection''.
(2) Section 9(1) (120 Stat. 2636) is amended by
striking ``No. 1.'' and inserting ``No. 1,''.
(e) National Defense Authorization Act for Fiscal Year
2006.--Effective as of January 6, 2006, and as if included
therein as enacted, the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163) is amended as follows:
(1) Section 571 (119 Stat. 3270) is amended by
striking ``931 et seq.)'' and inserting ``921 et
seq.)''.
(2) Section 1052(j) (119 Stat. 3435) is amended by
striking ``Section 1049'' and inserting ``Section
1409''.
(f) Military Commissions Act of 2006.--Section 7 of the
Military Commissions Act of 2006 (Public Law 109-366) is
amended by striking ``added by added by'' and inserting ``added
by''.
(g) National Defense Authorization Act for Fiscal Year
2004.--The National Defense Authorization Act for Fiscal Year
2004 (Public Law 108-136) is amended as follows:
(1) Section 706(a) (117 Stat. 1529; 10 U.S.C. 1076b
note) is amended by striking ``those program'' and
inserting ``those programs''.
(2) Section 1413(a) (117 Stat. 1665; 41 U.S.C. 433
note) is amended by striking ``(A))'' and inserting
``(A)))''.
(3) Section 1602(e)(3) (117 Stat. 1683; 10 U.S.C.
2302 note) is amended by inserting ``Security'' after
``Health''.
(h) National Defense Authorization Act for Fiscal Year
1994.--Section 845(a) of the National Defense Authorization Act
for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended--
(1) in paragraph (2)(A), by inserting ``Research''
after ``Defense Advanced''; and
(2) in paragraph (3), by inserting ``Research''
after ``Defense Advanced''.
(i) National Defense Authorization Act for Fiscal Year
1993.--Section 722(a)(1) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 1073
note) is amended by striking ``155 Stat.'' and inserting ``115
Stat.''.
SEC. 1064. REPEAL OF CERTIFICATION REQUIREMENT.
Section 1063 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3445) is
repealed.
SEC. 1065. MAINTENANCE OF CAPABILITY FOR SPACE-BASED NUCLEAR DETECTION.
The Secretary of Defense shall maintain the capability for
space-based nuclear detection at a level that meets or exceeds
the level of capability as of the date of the enactment of this
Act.
SEC. 1066. SENSE OF CONGRESS REGARDING DETAINEES AT NAVAL STATION,
GUANTANAMO BAY, CUBA.
It is the sense of Congress that--
(1) the Nation extends its gratitude to the
military personnel who guard and interrogate some of
the world's most dangerous men every day at Naval
Station, Guantanamo Bay, Cuba;
(2) the United States Government should urge the
international community, in general, and in particular,
the home countries of the detainees who remain in
detention despite having been ordered released by a
Department of Defense administrative review board, to
work with the Department of Defense to facilitate and
expedite the repatriation of such detainees;
(3) detainees at Guantanamo Bay, to the maximum
extent possible, should be charged and expeditiously
prosecuted for crimes committed against the United
States; and
(4) operations at Guantanamo Bay should be carried
out in a way that upholds the national interest and
core values of the American people.
SEC. 1067. A REPORT ON TRANSFERRING INDIVIDUALS DETAINED AT NAVAL
STATION, GUANTANAMO BAY, CUBA.
(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report that
contains the Secretary's plan for each individual presently
detained at Naval Station, Guantanamo Bay, Cuba, under the
control of the Joint Task Force Guantanamo, who is or has ever
been classified as an ``enemy combatant'' (referred to in this
section as a ``detainee'').
(b) Contents of Report.--The report required under
subsection (a) shall include each of the following:
(1) An identification of the number of detainees
who, as of December 31, 2007, the Department
estimates--
(A) will have been or will be charged with
one or more crimes and may, therefore, be tried
before a military commission;
(B) will be subject of an order calling for
the release or transfer of the detainee from
the Guantanamo Bay facility; or
(C) will not have been charged with any
crimes and will not be subject to an order
calling for the release or transfer of the
detainee from the Guantanamo Bay facility, but
whom the Department wishes to continue to
detain.
(2) A description of the actions required to be
undertaken, by the Secretary of Defense, possibly the
heads of other Federal agencies, and Congress, to
ensure that detainees who are subject to an order
calling for their release or transfer from the
Guantanamo Bay facility have, in fact, been released.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may contain a classified
annex.
SEC. 1068. REPEAL OF PROVISIONS IN SECTION 1076 OF PUBLIC LAW 109-364
RELATING TO USE OF ARMED FORCES IN MAJOR PUBLIC
EMERGENCIES.
(a) Interference With State and Federal Laws.--
(1) In general.--Section 333 of title 10, United
States Code, is amended to read as follows:
``Sec. 333. Interference with State and Federal law
``The President, by using the militia or the armed forces,
or both, or by any other means, shall take such measures as he
considers necessary to suppress, in a State, any insurrection,
domestic violence, unlawful combination, or conspiracy, if it--
``(1) so hinders the execution of the laws of that
State, and of the United States within the State, that
any part or class of its people is deprived of a right,
privilege, immunity, or protection named in the
Constitution and secured by law, and the constituted
authorities of that State are unable, fail, or refuse
to protect that right, privilege, or immunity, or to
give that protection; or
``(2) opposes or obstructs the execution of the
laws of the United States or impedes the course of
justice under those laws.
In any situation covered by clause (1), the State shall be
considered to have denied the equal protection of the laws
secured by the Constitution.''.
(2) Proclamation to disperse.--Section 334 of such
title is amended by striking ``or those obstructing the
enforcement of the laws'' after ``insurgents''.
(3) Heading amendment.--The heading of chapter 15
of such title is amended to read as follows:
``CHAPTER 15--INSURRECTION''.
(4) Clerical amendments.--
(A) The table of sections at the beginning
of chapter 15 of such title is amended by
striking the item relating to section 333 and
inserting the following new item:
``333. Interference with State and Federal law.''.
(B) The tables of chapters at the beginning
of subtitle A of title 10, United States Code,
and at the beginning of part I of such
subtitle, are each amended by striking the item
relating to chapter 15 and inserting the
following new item:
``15. Insurrection................................................331''.
(b) Repeal of Section Relating to Provision of Supplies,
Services, and Equipment.--
(1) In general.--Section 2567 of title 10, United
States Code, is repealed.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 152 of such title is amended
by striking the item relating to section 2567.
(c) Conforming Amendment.--Section 12304(c) of such title
is amended by striking ``Except to perform'' and all that
follows through ``this section'' and inserting ``No unit or
member of a reserve component may be ordered to active duty
under this section to perform any of the functions authorized
by chapter 15 or section 12406 of this title or, except as
provided in subsection (b),''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 1069. STANDARDS REQUIRED FOR ENTRY TO MILITARY INSTALLATIONS IN
UNITED STATES.
(a) Development of Standards.--
(1) Access standards for visitors.--The Secretary
of Defense shall develop access standards applicable to
all military installations in the United States. The
standards shall require screening standards appropriate
to the type of installation involved, the security
level, category of individuals authorized to visit the
installation, and level of access to be granted,
including--
(A) protocols to determine the fitness of
the individual to enter an installation; and
(B) standards and methods for verifying the
identity of the individual.
(2) Additional criteria.--The standards required
under paragraph (1) may--
(A) provide for expedited access to a
military installation for Department of Defense
personnel and employees and family members of
personnel who reside on the installation;
(B) provide for closer scrutiny of
categories of individuals determined by the
Secretary of Defense to pose a higher potential
security risk; and
(C) in the case of an installation that the
Secretary determines contains particularly
sensitive facilities, provide additional
screening requirements, as well as physical and
other security measures for the installation.
(b) Use of Technology.--The Secretary of Defense is
encouraged to procure and field existing identification
screening technology and to develop additional technology only
to the extent necessary to assist commanders of military
installations in implementing the standards developed under
this section at points of entry for such installations.
(c) Deadlines.--
(1) Development and implementation.--The Secretary
of Defense shall develop the standards required under
this section by not later than July 1, 2008, and
implement such standards by not later than January 1,
2009.
(2) Submission to congress.--Not later than August
1, 2009, the Secretary shall submit to the Committees
on Armed Services of the Senate and House of
Representatives the standards implemented pursuant to
paragraph (1).
SEC. 1070. REVISED NUCLEAR POSTURE REVIEW.
(a) Requirement for Comprehensive Review.--In order to
clarify United States nuclear deterrence policy and strategy
for the near term, the Secretary of Defense shall conduct a
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.
(b) Elements of Review.--The nuclear posture review shall
include the following elements:
(1) The role of nuclear forces in United States
military strategy, planning, and programming.
(2) The policy requirements and objectives for the
United States to maintain a safe, reliable, and
credible nuclear deterrence posture.
(3) The relationship among United States nuclear
deterrence policy, targeting strategy, and arms control
objectives.
(4) The role that missile defense capabilities and
conventional strike forces play in determining the role
and size of nuclear forces.
(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.
(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.
(7) The active and inactive nuclear weapons
stockpile that will be required for implementing the
United States national and military strategy, including
any plans for replacing or modifying warheads.
(c) Report to Congress.--The Secretary of Defense shall
submit to Congress, in unclassified and classified forms as
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 section 118 of title 10, United
States Code, in 2009.
(d) Sense of Congress.--It is the sense of Congress that
the nuclear posture review conducted under this section should
be used as a basis for establishing future United States arms
control objectives and negotiating positions.
SEC. 1071. TERMINATION OF COMMISSION ON THE IMPLEMENTATION OF THE NEW
STRATEGIC POSTURE OF THE UNITED STATES.
Section 1051 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3431) is
repealed.
SEC. 1072. SECURITY CLEARANCES; LIMITATIONS.
(a) In General.--Title III of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 435b) is amended by
adding at the end the following new section:
``SEC. 3002. SECURITY CLEARANCES; LIMITATIONS.
``(a) Definitions.--In this section:
``(1) Controlled substance.--The term `controlled
substance' has the meaning given that term in section
102 of the Controlled Substances Act (21 U.S.C. 802).
``(2) Covered person.--The term `covered person'
means--
``(A) an officer or employee of a Federal
agency;
``(B) a member of the Army, Navy, Air
Force, or Marine Corps who is on active duty or
is in an active status; and
``(C) an officer or employee of a
contractor of a Federal agency.
``(3) Restricted data.--The term `Restricted Data'
has the meaning given that term in section 11 of the
Atomic Energy Act of 1954 (42 U.S.C. 2014).
``(4) Special access program.--The term `special
access program' has the meaning given that term in
section 4.1 of Executive Order 12958 (60 Fed. Reg.
19825).
``(b) Prohibition.--After January 1, 2008, the head of a
Federal agency may not grant or renew a security clearance for
a covered person who is an unlawful user of a controlled
substance or an addict (as defined in section 102(1) of the
Controlled Substances Act (21 U.S.C. 802)).
``(c) Disqualification.--
``(1) In general.--After January 1, 2008, absent an
express written waiver granted in accordance with
paragraph (2), the head of a Federal agency may not
grant or renew a security clearance described in
paragraph (3) for a covered person who--
``(A) has been convicted in any court of
the United States of a crime, was sentenced to
imprisonment for a term exceeding 1 year, and
was incarcerated as a result of that sentence
for not less than 1 year;
``(B) has been discharged or dismissed from
the Armed Forces under dishonorable conditions;
or
``(C) is mentally incompetent, as
determined by an adjudicating authority, based
on an evaluation by a duly qualified mental
health professional employed by, or acceptable
to and approved by, the United States
Government and in accordance with the
adjudicative guidelines required by subsection
(d).
``(2) Waiver authority.--In a meritorious case, an
exception to the disqualification in this subsection
may be authorized if there are mitigating factors. Any
such waiver may be authorized only in accordance with--
``(A) standards and procedures prescribed
by, or under the authority of, an Executive
Order or other guidance issued by the
President; or
``(B) the adjudicative guidelines required
by subsection (d).
``(3) Covered security clearances.--This subsection
applies to security clearances that provide for access
to--
``(A) special access programs;
``(B) Restricted Data; or
``(C) any other information commonly
referred to as `sensitive compartmented
information'.
``(4) Annual report.--
``(A) Requirement for report.--Not later
than February 1 of each year, the head of a
Federal agency shall submit a report to the
appropriate committees of Congress if such
agency employs or employed a person for whom a
waiver was granted in accordance with paragraph
(2) during the preceding year. Such annual
report shall not reveal the identity of such
person, but shall include for each waiver
issued the disqualifying factor under paragraph
(1) and the reasons for the waiver of the
disqualifying factor.
``(B) Definitions.--In this paragraph:
``(i) Appropriate committees of
congress.--The term `appropriate
committees of Congress' means, with
respect to a report submitted under
subparagraph (A) by the head of a
Federal agency--
``(I) the congressional
defense committees;
``(II) the congressional
intelligence committees;
``(III) the Committee on
Homeland Security and
Governmental Affairs of the
Senate;
``(IV) the Committee on
Oversight and Government Reform
of the House of
Representatives; and
``(V) each Committee of the
Senate or the House of
Representatives with oversight
authority over such Federal
agency.
``(ii) Congressional defense
committees.--The term `congressional
defense committees' has the meaning
given that term in section 101(a)(16)
of title 10, United States Code.
``(iii) Congressional intelligence
committees.--The term `congressional
intelligence committees' has the
meaning given that term in section 3 of
the National Security Act of 1947 (50
U.S.C. 401a).
``(d) Adjudicative Guidelines.--
``(1) Requirement to establish.--The President
shall establish adjudicative guidelines for determining
eligibility for access to classified information.
``(2) Requirements related to mental health.--The
guidelines required by paragraph (1) shall--
``(A) include procedures and standards
under which a covered person is determined to
be mentally incompetent and provide a means to
appeal such a determination; and
``(B) require that no negative inference
concerning the standards in the guidelines may
be raised solely on the basis of seeking mental
health counseling.''.
(b) Conforming Amendments.--
(1) Repeal.--Section 986 of title 10, United States
Code, is repealed.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 49 of such title is amended by
striking the item relating to section 986.
(3) Effective date.--The amendments made by this
subsection shall take effect on January 1, 2008.
SEC. 1073. IMPROVEMENTS IN THE PROCESS FOR THE ISSUANCE OF SECURITY
CLEARANCES.
(a) Demonstration Project.--Not later than 6 months after
the date of the enactment of this Act, the Secretary of Defense
and the Director of National Intelligence shall implement a
demonstration project that applies new and innovative
approaches to improve the processing of requests for security
clearances.
(b) Evaluation.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Defense and the
Director of National Intelligence shall carry out an evaluation
of the process for issuing security clearances and develop a
specific plan and schedule for replacing such process with an
improved process.
(c) Report.--Not later than 30 days after the date of the
completion of the evaluation required by subsection (b), the
Secretary of Defense and the Director of National Intelligence
shall submit to Congress a report on--
(1) the results of the demonstration project
carried out pursuant to subsection (a);
(2) the results of the evaluation carried out under
subsection (b); and
(3) the recommended specific plan and schedule for
replacing the existing process for issuing security
clearances with an improved process.
SEC. 1074. PROTECTION OF CERTAIN INDIVIDUALS.
(a) Protection for Department Leadership.--The Secretary of
Defense, under regulations prescribed by the Secretary and in
accordance with guidelines approved by the Secretary and the
Attorney General, may authorize qualified members of the Armed
Forces and qualified civilian employees of the Department of
Defense to provide physical protection and personal security
within the United States to the following persons who, by
nature of their positions, require continuous security and
protection:
(1) Secretary of Defense.
(2) Deputy Secretary of Defense.
(3) Chairman of the Joint Chiefs of Staff.
(4) Vice Chairman of the Joint Chiefs of Staff.
(5) Secretaries of the military departments.
(6) Chiefs of the Services.
(7) Commanders of combatant commands.
(b) Protection for Additional Personnel.--
(1) Authority to provide.--The Secretary of
Defense, under regulations prescribed by the Secretary
and in accordance with guidelines approved by the
Secretary and the Attorney General, may authorize
qualified members of the Armed Forces and qualified
civilian employees of the Department of Defense to
provide physical protection and personal security
within the United States to individuals other than
individuals described in paragraphs (1) through (7) of
subsection (a) if the Secretary determines that such
protection and security are necessary because--
(A) there is an imminent and credible
threat to the safety of the individual for whom
protection is to be provided; or
(B) compelling operational considerations
make such protection essential to the conduct
of official Department of Defense business.
(2) Personnel.--Individuals authorized to receive
physical protection and personal security under this
subsection include the following:
(A) Any official, military member, or
employee of the Department of Defense.
(B) A former or retired official who faces
serious and credible threats arising from
duties performed while employed by the
Department for a period of up to two years
beginning on the date on which the official
separates from the Department.
(C) A head of a foreign state, an official
representative of a foreign government, or any
other distinguished foreign visitor to the
United States who is primarily conducting
official business with the Department of
Defense.
(D) Any member of the immediate family of a
person authorized to receive physical
protection and personal security under this
section.
(E) An individual who has been designated
by the President, and who has received the
advice and consent of the Senate, to serve as
Secretary of Defense, but who has not yet been
appointed as Secretary of Defense.
(3) Limitation on delegation.--The authority of the
Secretary of Defense to authorize the provision of
physical protection and personal security under this
subsection may be delegated only to the Deputy
Secretary of Defense.
(4) Requirement for written determination.--A
determination of the Secretary of Defense to provide
physical protection and personal security under this
subsection shall be in writing, shall be based on a
threat assessment by an appropriate law enforcement,
security, or intelligence organization, and shall
include the name and title of the officer, employee, or
other individual affected, the reason for such
determination, the duration of the authorized
protection and security for such officer, employee, or
individual, and the nature of the arrangements for the
protection and security.
(5) Duration of protection.--
(A) Initial period of protection.--After
making a written determination under paragraph
(4), the Secretary of Defense may provide
protection and security to an individual under
this subsection for an initial period of not
more than 90 calendar days.
(B) Subsequent period.--If, at the end of
the period that protection and security is
provided to an individual under subsection (A),
the Secretary determines that a condition
described in subparagraph (A) or (B) of
paragraph (1) continues to exist with respect
to the individual, the Secretary may extend the
period that such protection and security is
provided for additional 60-day periods. The
Secretary shall review such a determination at
the end of each 60-day period to determine
whether to continue to provide such protection
and security.
(C) Requirement for compliance with
regulations.--Protection and personal security
provided under subparagraph (B) shall be
provided in accordance with the regulations and
guidelines referred to in paragraph (1).
(6) Submission to congress.--
(A) In general.--The Secretary of Defense
shall submit to the congressional defense
committees each determination made under
paragraph (4) to provide protection and
security to an individual and of each
determination under paragraph (5)(B) to extend
such protection and security, together with the
justification for such determination, not later
than 15 days after the date on which the
determination is made.
(B) Form of report.--A report submitted
under subparagraph (A) may be made in
classified form.
(C) Regulations and guidelines.--The
Secretary of Defense shall submit to the
congressional defense committees the
regulations and guidelines prescribed pursuant
to paragraph (1) not less than 20 days before
the date on which such regulations take effect.
(c) Definitions.--In this section:
(1) Congressional defense committees.--The term
``congressional defense committees'' means the
Committee on Appropriations and the Committee on Armed
Services of the Senate and the Committee on
Appropriations and the Committee on Armed Services of
the House of Representatives.
(2) Qualified members of the armed forces and
qualified civilian employees of the department of
defense.--The terms ``qualified members of the Armed
Forces'' and ``qualified civilian employees of the
Department of Defense'' refer collectively to members
or employees who are assigned to investigative, law
enforcement, or security duties of any of the
following:
(A) The Army Criminal Investigation
Command.
(B) The Naval Criminal Investigative
Service.
(C) The Air Force Office of Special
Investigations.
(D) The Defense Criminal Investigative
Service.
(E) The Pentagon Force Protection Agency.
(d) Construction.--
(1) No additional law enforcement or arrest
authority.--Other than the authority to provide
protection and security under this section, nothing in
this section may be construed to bestow any additional
law enforcement or arrest authority upon the qualified
members of the Armed Forces and qualified civilian
employees of the Department of Defense.
(2) Posse comitatus.--Nothing in this section shall
be construed to abridge section 1385 of title 18,
United States Code.
(3) Authorities of other departments.--Nothing in
this section may be construed to preclude or limit, in
any way, the express or implied powers of the Secretary
of Defense or other Department of Defense officials, or
the duties and authorities of the Secretary of State,
the Director of the United States Secret Service, the
Director of the United States Marshals Service, or any
other Federal law enforcement agency.
SEC. 1075. MODIFICATION OF AUTHORITIES ON COMMISSION TO ASSESS THE
THREAT TO THE UNITED STATES FROM ELECTROMAGNETIC
PULSE ATTACK.
(a) Extension of Date of Submittal of Final Report.--
Section 1403(a) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 50 U.S.C. 2301 note) is amended by striking
``June 30, 2007'' and inserting ``November 30, 2008''.
(b) Coordination of Work With Department of Homeland
Security.--Section 1404 of such Act is amended by adding at the
end the following new subsection:
``(c) Coordination With Department of Homeland Security.--
The Commission and the Secretary of Homeland Security shall
jointly ensure that the work of the Commission with respect to
electromagnetic pulse attack on electricity infrastructure, and
protection against such attack, is coordinated with Department
of Homeland Security efforts on such matters.''.
(c) Limitation on Department of Defense Funding.--The
aggregate amount of funds provided by the Department of Defense
to the Commission to Assess the Threat to the United States
from Electromagnetic Pulse Attack for purposes of the
preparation and submittal of the final report required by
section 1403(a) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as amended by
subsection (a)), whether by transfer or otherwise and including
funds provided the Commission before the date of the enactment
of this Act, shall not exceed $5,600,000.
SEC. 1076. SENSE OF CONGRESS ON SMALL BUSINESS INNOVATION RESEARCH
PROGRAM.
It is the sense of Congress that--
(1) the Department of Defense's Small Business
Innovation Research program has been effective in
supporting the performance of the missions of the
Department of Defense, by stimulating technological
innovation through investments in small business
research activities;
(2) the Department of Defense's Small Business
Innovation Research program has transitioned a number
of technologies and systems into operational use by
warfighters; and
(3) the Department of Defense's Small Business
Innovation Research program should be reauthorized so
as to ensure that the program's activities can continue
seamlessly, efficiently, and effectively.
SEC. 1077. REVISION OF PROFICIENCY FLYING DEFINITION.
Subsection (c) of section 2245 of title 10, United States
Code, is amended to read as follows:
``(c) In this section, the term `proficiency flying' means
flying performed under competent orders by a rated or
designated member of the armed forces while serving in a non-
aviation assignment or in an assignment in which skills would
normally not be maintained in the performance of assigned
duties.''.
SEC. 1078. QUALIFICATIONS FOR PUBLIC AIRCRAFT STATUS OF AIRCRAFT UNDER
CONTRACT WITH THE ARMED FORCES.
(a) Definition of Public Aircraft.--Section 40102(a)(41)(E)
of title 49, United States Code, is amended--
(1) by inserting ``or other commercial air
service'' after ``transportation''; and
(2) by adding at the end the following: ``In the
preceding sentence, the term `other commercial air
service' means an aircraft operation that (i) is within
the United States territorial airspace; (ii) the
Administrator of the Federal Aviation Administration
determines is available for compensation or hire to the
public, and (iii) must comply with all applicable civil
aircraft rules under title 14, Code of Federal
Regulations.''.
(b) Aircraft Operated by the Armed Forces.--Section
40125(c)(1)(C) of such title is amended by inserting ``or other
commercial air service'' after ``transportation''.
(c) Conforming Amendments.--
(1) Section 40125(b) of such title is amended by
striking ``40102(a)(37)'' and inserting
``40102(a)(41)''.
(2) Section 40125(c)(1) of such title is amended by
striking ``40102(a)(37)(E)'' and inserting
``40102(a)(41)(E)''.
SEC. 1079. COMMUNICATIONS WITH THE COMMITTEES ON ARMED SERVICES OF THE
SENATE AND THE HOUSE OF REPRESENTATIVES.
(a) Requests of Committees.--The Director of the National
Counterterrorism Center, the Director of a national
intelligence center, or the head of any element of the
intelligence community shall, not later than 45 days after
receiving a written request from the Chair or ranking minority
member of the Committee on Armed Services of the Senate or the
Committee on Armed Services of the House of Representatives for
any existing intelligence assessment, report, estimate, or
legal opinion relating to matters within the jurisdiction of
such Committee, make available to such committee such
assessment, report, estimate, or legal opinion, as the case may
be.
(b) Assertion of Privilege.--
(1) In general.--In response to a request covered
by subsection (a), the Director of the National
Counterterrorism Center, the Director of a national
intelligence center, or the head of any element of the
intelligence community shall provide to the Committee
making such request the document or information covered
by such request unless the President determines that
such document or information shall not be provided
because the President is asserting a privilege pursuant
to the Constitution of the United States.
(2) Submission to congress.--The White House
Counsel shall submit to Congress in writing any
assertion by the President under paragraph (1) of a
privilege pursuant to the Constitution.
(c) Definitions.--In this section:
(1) Intelligence community.--The term
``intelligence community'' has the meaning given the
term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).
(2) Intelligence assessment.--The term
``intelligence assessment'' means an intelligence-
related analytical study of a subject of policy
significance and does not include building-block
papers, research projects, and reference aids.
(3) Intelligence estimate.--The term ``intelligence
estimate'' means an appraisal of available intelligence
relating to a specific situation or condition with a
view to determining the courses of action open to an
enemy or potential enemy and the probable order of
adoption of such courses of action.
SEC. 1080. RETENTION OF REIMBURSEMENT FOR PROVISION OF RECIPROCAL FIRE
PROTECTION SERVICES.
Section 5 of the Act of May 27, 1955 (chapter 105; 69 Stat.
67; 42 U.S.C. 1856d) is amended--
(1) by striking ``Funds'' and inserting ``(a)
Funds''; and
(2) by adding at the end the following new
subsection:
``(b) Notwithstanding the provisions of subsection (a), all
sums received for any Department of Defense activity for fire
protection rendered pursuant to this Act shall be credited to
the appropriation fund or account from which the expenses were
paid. Amounts so credited shall be merged with funds in such
appropriation fund or account and shall be available for the
same purposes and subject to the same limitations as the funds
with which the funds are merged.''.
SEC. 1081. PILOT PROGRAM ON COMMERCIAL FEE-FOR-SERVICE AIR REFUELING
SUPPORT FOR THE AIR FORCE.
(a) Pilot Program Required.--The Secretary of Air Force
shall conduct, as soon as practicable after the date of
enactment of this Act, a pilot program to assess the
feasibility and advisability of utilizing commercial fee-for-
service air refueling tanker aircraft for Air Force operations.
The duration of the pilot program shall be at least five years
after commencement of the program.
(b) Purpose.--
(1) In general.--The pilot program required by
subsection (a) shall evaluate the feasibility of fee-
for-service air refueling to support, augment, or
enhance the air refueling mission of the Air Force by
utilizing commercial air refueling providers on a fee-
for-service basis.
(2) Elements.--In order to achieve the purpose of
the pilot program, the Secretary of the Air Force
shall--
(A) demonstrate and validate a
comprehensive strategy for air refueling on a
fee-for-service basis by evaluating all mission
areas, including testing support, training
support to receiving aircraft, homeland defense
support, deployment support, air bridge
support, aeromedical evacuation, and emergency
air refueling; and
(B) integrate fee-for-service air refueling
described in paragraph (1) into Air Mobility
Command operations during the evaluation and
execution phases of the pilot program.
(c) Annual Report.--The Secretary of the Air Force shall
provide to the congressional defense committees an annual
report on the fee-for-service air refueling program, which
includes--
(1) information with respect to--
(A) missions flown;
(B) mission areas supported;
(C) aircraft number, type, model series
supported;
(D) fuel dispensed;
(E) departure reliability rates;
(F) the annual and cumulative cost to the
Government for the program, including a
comparison of costs of the same service
provided by the Air Force;
(2) an assessment of the impact of outsourcing air
refueling on the Air Force's flying hour program and
aircrew training; and
(3) any other data that the Secretary determines is
appropriate for evaluating the performance of the
commercial air refueling providers participating in the
pilot program.
(d) Comptroller General Review.--The Comptroller General
shall submit to the congressional defense committees--
(1) an annual review of the conduct of the pilot
program under this section and any recommendations of
the Comptroller General for improving the program; and
(2) not later than 90 days after the completion of
the pilot program, a final assessment of the results of
the pilot program and the recommendations of the
Comptroller General for whether the Secretary of the
Air Force should continue to utilize fee-for-service
air refueling.
SEC. 1082. ADVISORY PANEL ON DEPARTMENT OF DEFENSE 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.
(b) Panel Matters.--
(1) In general.--The advisory panel required by
subsection (a) shall consist of individuals appointed
by the Secretary of Defense (in consultation with the
chairmen and ranking 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.
(2) Deadline for appointment.--All members of the
advisory panel shall be appointed under this subsection
not later than 30 days after the date on which the
Secretary enters into the contract required by
subsection (c).
(3) Initial meeting.--The advisory panel shall
conduct its first meeting not later than 30 days after
the date that all appointments to the panel have been
made under this subsection.
(4) Procedures.--The advisory panel shall carry out
its duties under this section under procedures
established under subsection (c) by the federally
funded research and development center with which the
Secretary contracts under that subsection. Such
procedures shall include procedures for the selection
of a chairman of the advisory panel from among its
members.
(c) Support of Federally Funded Research and Development
Center.--
(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).
(2) Deadline for contract.--The Secretary shall
enter into the contract required by this subsection not
later than 60 days after the date of the enactment of
this Act.
(d) Duties of Panel.--The advisory panel required by
subsection (a) shall--
(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);
(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;
(3) assess policies, directives, and plans of the
Department of Defense in support of civilian
authorities in managing the consequences of a chemical,
biological, radiological, nuclear, or high-yield
explosive incident;
(4) assess the adequacy of policies and structures
of the Department of Defense for coordination with
other department and agencies of the Federal
Government, especially the 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);
(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;
(6) assess the equipment capabilities and needs of
the Department of Defense to provide support described
in paragraph (1);
(7) develop recommendations for modifying the
capabilities, plans, policies, equipment, and
structures evaluated or assessed under this subsection
in order to improve the provision by the Department of
Defense of the support described in paragraph (1); and
(8) assess and make recommendations on--
(A) whether there should be any additional
Weapons of Mass Destruction Civil Support
Teams, beyond the 55 already authorized and, if
so, how many additional Civil Support Teams,
and where they should be located; and
(B) what criteria and considerations are
appropriate to determine whether additional
Civil Support Teams are needed and, if so,
where they should be located.
(e) Cooperation of Other Agencies.--
(1) In general.--The advisory panel required by
subsection (a) may secure directly from the Department
of Defense, the Department of Homeland Security, the
Department of Energy, the Department of Justice, the
Department of Health and Human Services, and any other
department or agency of the Federal Government
information that the panel considers necessary for the
panel to carry out its duties.
(2) Cooperation.--The Secretary of Defense, the
Secretary of Homeland Secretary, the Secretary of
Energy, the Attorney General, the Secretary of Health
and Human Services, and any other official of the
United States shall provide the advisory panel with
full and timely cooperation in carrying out its duties
under this section.
(f) Report.--Not later than 12 months after the date of the
initial meeting of the advisory panel required by subsection
(a), the advisory panel shall submit to the Secretary of
Defense, and to the Committees on Armed Services of the Senate
and the House of Representatives, a report on activities under
this section. The report shall set forth--
(1) the findings, conclusions, and recommendations
of the advisory panel for improving the capabilities of
the Department of Defense to provide support to United
States civil authorities in the event of a chemical,
biological, radiological, nuclear, or high-yield
explosive incident; and
(2) such other findings, conclusions, and
recommendations for improving the capabilities of the
Department for homeland defense as the advisory panel
considers appropriate.
SEC. 1083. TERRORISM EXCEPTION TO IMMUNITY.
(a) Terrorism Exception to Immunity.--
(1) In general.--Chapter 97 of title 28, United
States Code, is amended by inserting after section 1605
the following:
``Sec. 1605A. Terrorism exception to the jurisdictional immunity of a
foreign state
``(a) In General.--
``(1) No immunity.--A foreign state shall not be
immune from the jurisdiction of courts of the United
States or of the States in any case not otherwise
covered by this chapter in which money damages are
sought against a foreign state for personal injury or
death that was caused by an act of torture,
extrajudicial killing, aircraft sabotage, hostage
taking, or the provision of material support or
resources for such an act if such act or provision of
material support or resources is engaged in by an
official, employee, or agent of such foreign state
while acting within the scope of his or her office,
employment, or agency.
``(2) Claim heard.--The court shall hear a claim
under this section if--
``(A)(i)(I) the foreign state was
designated as a state sponsor of terrorism at
the time the act described in paragraph (1)
occurred, or was so designated as a result of
such act, and, subject to subclause (II),
either remains so designated when the claim is
filed under this section or was so designated
within the 6-month period before the claim is
filed under this section; or
``(II) in the case of an action that is
refiled under this section by reason of section
1083(c)(2)(A) of the National Defense
Authorization Act for Fiscal Year 2008 or is
filed under this section by reason of section
1083(c)(3) of that Act, the foreign state was
designated as a state sponsor of terrorism when
the original action or the related action under
section 1605(a)(7) (as in effect before the
enactment of this section) or section 589 of
the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1997 (as
contained in 101(c) of Division A of Public Law
104-208) was filed;
``(ii) the claimant or the victim was, at
the time the act described in paragraph (1)
occurred--
``(I) a national of the United
States;
``(II) a member of the armed
forces; or
``(III) otherwise an employee of
the Government of the United States, or
of an individual performing a contract
awarded by the United States
Government, acting within the scope of
the employee's employment; and
``(iii) in a case in which the act occurred
in the foreign state against which the claim
has been brought, the claimant has afforded the
foreign state a reasonable opportunity to
arbitrate the claim in accordance with the
accepted international rules of arbitration; or
``(B) the act described in paragraph (1) is
related to Case Number 1:00CV03110 (EGS) in the
United States District Court for the District
of Columbia.
``(b) Limitations.--An action may be brought or maintained
under this section if the action is commenced, or a related
action was commenced under section 1605(a)(7) (before the date
of the enactment of this section) or section 589 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (as contained in 101(c) of Division A
of Public Law 104-208) not later than the latter of--
``(1) 10 years after April 24, 1996; or
``(2) 10 years after the date on which the cause of
action arose.
``(c) Private Right of Action.--A foreign state that is or
was a state sponsor of terrorism as described in subsection
(a)(2)(A)(i), and any official, employee, or agent of that
foreign state while acting within the scope of his or her
office, employment, or agency, shall be liable to--
``(1) a national of the United States,
``(2) a member of the armed forces,
``(3) an employee of the Government of the United
States, or of an individual performing a contract
awarded by the United States Government, acting within
the scope of the employee's employment, or
``(4) the legal representative of a person
described in paragraph (1), (2), or (3),
for personal injury or death caused by acts described in
subsection (a)(1) of that foreign state, or of an official,
employee, or agent of that foreign state, for which the courts
of the United States may maintain jurisdiction under this
section for money damages. In any such action, damages may
include economic damages, solatium, pain, and suffering, and
punitive damages. In any such action, a foreign state shall be
vicariously liable for the acts of its officials, employees, or
agents.
``(d) Additional Damages.--After an action has been brought
under subsection (c), actions may also be brought for
reasonably foreseeable property loss, whether insured or
uninsured, third party liability, and loss claims under life
and property insurance policies, by reason of the same acts on
which the action under subsection (c) is based.
``(e) Special Masters.--
``(1) In general.--The courts of the United States
may appoint special masters to hear damage claims
brought under this section.
``(2) Transfer of funds.--The Attorney General
shall transfer, from funds available for the program
under section 1404C of the Victims of Crime Act of 1984
(42 U.S.C. 10603c), to the Administrator of the United
States district court in which any case is pending
which has been brought or maintained under this section
such funds as may be required to cover the costs of
special masters appointed under paragraph (1). Any
amount paid in compensation to any such special master
shall constitute an item of court costs.
``(f) Appeal.--In an action brought under this section,
appeals from orders not conclusively ending the litigation may
only be taken pursuant to section 1292(b) of this title.
``(g) Property Disposition.--
``(1) In general.--In every action filed in a
United States district court in which jurisdiction is
alleged under this section, the filing of a notice of
pending action pursuant to this section, to which is
attached a copy of the complaint filed in the action,
shall have the effect of establishing a lien of lis
pendens upon any real property or tangible personal
property that is--
``(A) subject to attachment in aid of
execution, or execution, under section 1610;
``(B) located within that judicial
district; and
``(C) titled in the name of any defendant,
or titled in the name of any entity controlled
by any defendant if such notice contains a
statement listing such controlled entity.
``(2) Notice.--A notice of pending action pursuant
to this section shall be filed by the clerk of the
district court in the same manner as any pending action
and shall be indexed by listing as defendants all named
defendants and all entities listed as controlled by any
defendant.
``(3) Enforceability.--Liens established by reason
of this subsection shall be enforceable as provided in
chapter 111 of this title.
``(h) Definitions.--For purposes of this section--
``(1) the term `aircraft sabotage' has the meaning
given that term in Article 1 of the Convention for the
Suppression of Unlawful Acts Against the Safety of
Civil Aviation;
``(2) the term `hostage taking' has the meaning
given that term in Article 1 of the International
Convention Against the Taking of Hostages;
``(3) the term `material support or resources' has
the meaning given that term in section 2339A of title
18;
``(4) the term `armed forces' has the meaning given
that term in section 101 of title 10;
``(5) the term `national of the United States' has
the meaning given that term in section 101(a)(22) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(22));
``(6) the term `state sponsor of terrorism' means a
country the government of which the Secretary of State
has determined, for purposes of section 6(j) of the
Export Administration Act of 1979 (50 U.S.C. App.
2405(j)), section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371), section 40 of the Arms Export
Control Act (22 U.S.C. 2780), or any other provision of
law, is a government that has repeatedly provided
support for acts of international terrorism; and
``(7) the terms `torture' and `extrajudicial
killing' have the meaning given those terms in section
3 of the Torture Victim Protection Act of 1991 (28
U.S.C. 1350 note).''.
(2) Amendment to chapter analysis.--The table of
sections at the beginning of chapter 97 of title 28,
United States Code, is amended by inserting after the
item relating to section 1605 the following:
``1605A. Terrorism exception to the jurisdictional immunity of a foreign
state.''.
(b) Conforming Amendments.--
(1) General exception.--Section 1605 of title 28,
United States Code, is amended--
(A) in subsection (a)--
(i) in paragraph (5)(B), by
inserting ``or'' after the semicolon;
(ii) in paragraph (6)(D), by
striking ``; or'' and inserting a
period; and
(iii) by striking paragraph (7);
(B) by repealing subsections (e) and (f);
and
(C) in subsection (g)(1)(A), by striking
``but for subsection (a)(7)'' and inserting
``but for section 1605A''.
(2) Counterclaims.--Section 1607(a) of title 28,
United States Code, is amended by inserting ``or
1605A'' after ``1605''.
(3) Property.--Section 1610 of title 28, United
States Code, is amended--
(A) in subsection (a)(7), by striking
``1605(a)(7)'' and inserting ``1605A'';
(B) in subsection (b)(2), by striking
``(5), or (7), or 1605(b)'' and inserting ``or
(5), 1605(b), or 1605A'';
(C) in subsection (f), in paragraphs (1)(A)
and (2)(A), by inserting ``(as in effect before
the enactment of section 1605A) or section
1605A'' after ``1605(a)(7)''; and
(D) by adding at the end the following:
``(g) Property in Certain Actions.--
``(1) In general.--Subject to paragraph (3), the
property of a foreign state against which a judgment is
entered under section 1605A, and the property of an
agency or instrumentality of such a state, including
property that is a separate juridical entity or is an
interest held directly or indirectly in a separate
juridical entity, is subject to attachment in aid of
execution, and execution, upon that judgment as
provided in this section, regardless of--
``(A) the level of economic control over
the property by the government of the foreign
state;
``(B) whether the profits of the property
go to that government;
``(C) the degree to which officials of that
government manage the property or otherwise
control its daily affairs;
``(D) whether that government is the sole
beneficiary in interest of the property; or
``(E) whether establishing the property as
a separate entity would entitle the foreign
state to benefits in United States courts while
avoiding its obligations.
``(2) United states sovereign immunity
inapplicable.--Any property of a foreign state, or
agency or instrumentality of a foreign state, to which
paragraph (1) applies shall not be immune from
attachment in aid of execution, or execution, upon a
judgment entered under section 1605A because the
property is regulated by the United States Government
by reason of action taken against that foreign state
under the Trading With the Enemy Act or the
International Emergency Economic Powers Act.
``(3) Third-party joint property holders.--Nothing
in this subsection shall be construed to supersede the
authority of a court to prevent appropriately the
impairment of an interest held by a person who is not
liable in the action giving rise to a judgment in
property subject to attachment in aid of execution, or
execution, upon such judgment.''.
(4) Victims of crime act.--Section 1404C(a)(3) of
the Victims of Crime Act of 1984 (42 U.S.C.
10603c(a)(3)) is amended by striking ``December 21,
1988 with respect to which an investigation or'' and
inserting ``October 23, 1983, with respect to which an
investigation or civil or criminal''.
(c) Application to Pending Cases.--
(1) In general.--The amendments made by this
section shall apply to any claim arising under section
1605A of title 28, United States Code.
(2) Prior actions.--
(A) In general.--With respect to any action
that--
(i) was brought under section
1605(a)(7) of title 28, United States
Code, or section 589 of the Foreign
Operations, Export Financing, and
Related Programs Appropriations Act,
1997 (as contained in 101(c) of
Division A of Public Law 104-208),
before the date of the enactment of
this Act,
(ii) relied upon either such
provision as creating a cause of
action,
(iii) has been adversely affected
on the grounds that either or both of
these provisions fail to create a cause
of action against the state, and
(iv) as of such date of enactment,
is before the courts in any form,
including on appeal or motion under
rule 60(b) of the Federal Rules of
Civil Procedure,
that action, and any judgment in the action
shall, on motion made by plaintiffs to the
United States district court where the action
was initially brought, or judgment in the
action was initially entered, be given effect
as if the action had originally been filed
under section 1605A(c) of title 28, United
States Code.
(B) Defenses waived.--The defenses of res
judicata, collateral estoppel, and limitation
period are waived--
(i) in any action with respect to
which a motion is made under
subparagraph (A), or
(ii) in any action that was
originally brought, before the date of
the enactment of this Act, under
section 1605(a)(7) of title 28, United
States Code, or section 589 of the
Foreign Operations, Export Financing,
and Related Programs Appropriations
Act, 1997 (as contained in 101(c) of
Division A of Public Law 104-208), and
is refiled under 1605A(c) of title 28,
United States Code,
to the extent such defenses are based on the
claim in the action.
(C) Time limitations.--A motion may be made
or an action may be refiled under subparagraph
(A) only--
(i) if the original action was
commenced not later than the latter
of--
(I) 10 years after April
24, 1996; or
(II) 10 years after the
cause of action arose; and
(ii) within the 60-day period
beginning on the date of the enactment
of this Act.
(3) Related actions.--If an action arising out of
an act or incident has been timely commenced under
section 1605(a)(7) of title 28, United States Code, or
section 589 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act,
1997 (as contained in 101(c) of Division A of Public
Law 104-208), any other action arising out of the same
act or incident may be brought under section 1605A of
title 28, United States Code, if the action is
commenced not later than the latter of 60 days after--
(A) the date of the entry of judgment in
the original action; or
(B) the date of the enactment of this Act.
(4) Preserving the jurisdiction of the courts.--
Nothing in section 1503 of the Emergency Wartime
Supplemental Appropriations Act, 2003 (Public Law 108-
11, 117 Stat. 579) has ever authorized, directly or
indirectly, the making inapplicable of any provision of
chapter 97 of title 28, United States Code, or the
removal of the jurisdiction of any court of the United
States.
(d) Severability.--If any provision of this section or the
amendments made by this section, or the application of such
provision to any person or circumstance, is held invalid, the
remainder of this section and such amendments, and the
application of such provision to other persons not similarly
situated or to other circumstances, shall not be affected by
such invalidation.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Extension of authority to waive annual limitation on total
compensation paid to Federal civilian employees working
overseas under areas of United States Central Command.
Sec. 1102. Continuation of life insurance coverage for Federal employees
called to active duty.
Sec. 1103. Transportation of dependents, household effects, and personal
property to former home following death of Federal employee
where death resulted from disease or injury incurred in the
Central Command area of responsibility.
Sec. 1104. Special benefits for civilian employees assigned on
deployment temporary change of station.
Sec. 1105. Death gratuity authorized for Federal employees.
Sec. 1106. Modifications to the National Security Personnel System.
Sec. 1107. Requirement for full implementation of personnel
demonstration project.
Sec. 1108. Authority for inclusion of certain Office of Defense Research
and Engineering positions in experimental personnel program
for scientific and technical personnel.
Sec. 1109. Pilot program for the temporary assignment of information
technology personnel to private sector organizations.
Sec. 1110. Compensation for Federal wage system employees for certain
travel hours.
Sec. 1111. Travel compensation for wage grade personnel.
Sec. 1112. Accumulation of annual leave by senior level employees.
Sec. 1113. Uniform allowances for civilian employees.
Sec. 1114. Flexibility in setting pay for employees who move from a
Department of Defense or Coast Guard nonappropriated fund
instrumentality position to a position in the General Schedule
pay system.
Sec. 1115. Retirement service credit for service as cadet or midshipman
at a military service academy.
Sec. 1116. Authorization for increased compensation for faculty and
staff of the Uniformed Services University of the Health
Sciences.
Sec. 1117. Report on establishment of a scholarship program for civilian
mental health professionals.
SEC. 1101. EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION ON TOTAL
COMPENSATION PAID TO FEDERAL CIVILIAN EMPLOYEES
WORKING OVERSEAS UNDER AREAS OF UNITED STATES
CENTRAL COMMAND.
Section 1105 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3450), as
amended by section 1105 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2409), is amended--
(1) in subsection (a)--
(A) by striking ``and 2007'' and inserting
``2007, and 2008''; and
(B) by striking ``Code).'' and inserting
``Code) or, during 2008, a military operation
(including a contingency operation, as so
defined) or an operation in response to an
emergency declared by the President.''; and
(2) in subsection (b), by striking ``2007.'' and
inserting ``2007 or 2008.''.
SEC. 1102. CONTINUATION OF LIFE INSURANCE COVERAGE FOR FEDERAL
EMPLOYEES CALLED TO ACTIVE DUTY.
Section 8706 of title 5, United States Code, is amended--
(1) by redesignating subsections (d) through (g) as
subsections (e) through (h), respectively; and
(2) by inserting after subsection (c) the
following:
``(d)(1) An employee who enters on approved leave without
pay in the circumstances described in paragraph (2) may elect
to have such employee's life insurance continue (beyond the end
of the 12 months of coverage provided for under subsection (a))
for an additional 12 months and arrange to pay currently into
the Employees' Life Insurance Fund, through such employee's
employing agency, both employee and agency contributions, from
the beginning of that additional 12 months of coverage. The
employing agency shall forward the premium payments to the
Fund. If the employee does not so elect, such employee's
insurance will continue during nonpay status and stop as
provided by subsection (a). An individual making an election
under this subsection may cancel that election at any time, in
which case such employee's insurance will stop as provided by
subsection (a) or upon receipt of notice of cancellation,
whichever is later.
``(2) This subsection applies in the case of any employee
who--
``(A) is a member of a reserve component of the
armed forces called or ordered to active duty under a
call or order that does not specify a period of 30 days
or less; and
``(B) enters on approved leave without pay to
perform active duty pursuant to such call or order.''.
SEC. 1103. TRANSPORTATION OF DEPENDENTS, HOUSEHOLD EFFECTS, AND
PERSONAL PROPERTY TO FORMER HOME FOLLOWING DEATH OF
FEDERAL EMPLOYEE WHERE DEATH RESULTED FROM DISEASE
OR INJURY INCURRED IN THE CENTRAL COMMAND AREA OF
RESPONSIBILITY.
(a) In General.--Paragraph (2) of section 5742(b) of title
5, United States Code, is amended to read as follows:
``(2) the expense of transporting his dependents,
including expenses of packing, crating, draying, and
transporting household effects and other personal
property to his former home or such other place as is
determined by the head of the agency concerned, if--
``(A) the employee died while performing
official duties outside the continental United
States or in transit thereto or therefrom; or
``(B) in the case of an employee who was a
party to a mandatory mobility agreement that
was in effect when the employee died--
``(i) the employee died in the
circumstances described in subparagraph
(A); or
``(ii)(I) the employee died as a
result of disease or injury incurred
while performing official duties--
``(aa) in an overseas
location that, at the time such
employee was performing such
official duties, was within the
area of responsibility of the
Commander of the United States
Central Command; and
``(bb) in direct support of
or directly related to a
military operation, including a
contingency operation (as
defined in section 101(13) of
title 10) or an operation in
response to an emergency
declared by the President; and
``(II) the employee's dependents
were residing either outside the
continental United States or within the
continental United States when the
employee died; and''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to deaths occurring on or after the
date of the enactment of this Act.
SEC. 1104. SPECIAL BENEFITS FOR CIVILIAN EMPLOYEES ASSIGNED ON
DEPLOYMENT TEMPORARY CHANGE OF STATION.
(a) Authority.--Subchapter II of chapter 57 of title 5,
United States Code, is amended by inserting after section 5737
the following:
``Sec. 5737a. Employees temporarily deployed in contingency operations
``(a) Definitions.--For purposes of this section--
``(1) the term `covered employee' means an
individual who--
``(A) is an employee of an Executive agency
or a military department, excluding a
Government controlled corporation; and
``(B) is assigned on a temporary change of
station in support of a contingency operation;
``(2) the term `temporary change of station', as
used with respect to an employee, means an assignment--
``(A) from the employee's official duty
station to a temporary duty station; and
``(B) for which such employee is eligible
for expenses under section 5737; and
``(3) the term `contingency operation' has the
meaning given such term by section 1482a(c) of title
10.
``(b) Quarters and Rations.--The head of an agency may
provide quarters and rations, without charge, to any covered
employee of such agency during the period of such employee's
temporary assignment (as described in subsection (a)(1)(B)).
``(c) Storage of Motor Vehicle.--The head of an agency may
provide for the storage, without charge, or for the
reimbursement of the cost of storage, of a motor vehicle that
is owned or leased by a covered employee of such agency (or by
a dependent of such an employee) and that is for the personal
use of the covered employee. This subsection shall apply--
``(1) with respect to storage during the period of
the employee's temporary assignment (as described in
subsection (a)(1)(B)); and
``(2) in the case of a covered employee, with
respect to not more than one motor vehicle as of any
given time.
``(d) Relationship to Other Benefits.--Any benefits under
this section shall be in addition to (and not in lieu of) any
other benefits for which the covered employee is otherwise
eligible.''.
(b) Clerical Amendment.--The table of sections for chapter
57 of such title is amended by inserting after the item
relating to section 5737 the following:
``5737a. Employees temporarily deployed in contingency operations.''.
SEC. 1105. DEATH GRATUITY AUTHORIZED FOR FEDERAL EMPLOYEES.
(a) Death Gratuity Authorized.--Chapter 81 of title 5,
United States Code, is amended by inserting after section 8102
the following:
``Sec. 8102a. Death gratuity for injuries incurred in connection with
employee's service with an Armed Force
``(a) Death Gratuity Authorized.--The United States shall
pay a death gratuity of up to $100,000 to or for the survivor
prescribed by subsection (d) immediately upon receiving
official notification of the death of an employee who dies of
injuries incurred in connection with the employee's service
with an Armed Force in a contingency operation.
``(b) Retroactive Payment in Certain Cases.--At the
discretion of the Secretary concerned, subsection (a) may apply
in the case of an employee who died, on or after October 7,
2001, and before the date of enactment of this section, as a
result of injuries incurred in connection with the employee's
service with an Armed Force in the theater of operations of
Operation Enduring Freedom or Operation Iraqi Freedom.
``(c) Relationship to Other Benefits.--The death gratuity
payable under this section shall be reduced by the amount of
any death gratuity provided under section 413 of the Foreign
Service Act of 1980, section 1603 of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Hurricane Recovery, 2006, or any other law of the United States
based on the same death.
``(d) Eligible Survivors.--
``(1) Subject to paragraph (5), a death gratuity
payable upon the death of a person covered by
subsection (a) shall be paid to or for the living
survivor highest on the following list:
``(A) The employee's surviving spouse.
``(B) The employee's children, as
prescribed by paragraph (2), in equal shares.
``(C) If designated by the employee, any
one or more of the following persons:
``(i) The employee's parents or
persons in loco parentis, as prescribed
by paragraph (3).
``(ii) The employee's brothers.
``(iii) The employee's sisters.
``(D) The employee's parents or persons in
loco parentis, as prescribed by paragraph (3),
in equal shares.
``(E) The employee's brothers and sisters
in equal shares.
Subparagraphs (C) and (E) of this paragraph include
brothers and sisters of the half blood and those
through adoption.
``(2) Paragraph (1)(B) applies, without regard to
age or marital status, to--
``(A) legitimate children;
``(B) adopted children;
``(C) stepchildren who were a part of the
decedent's household at the time of death;
``(D) illegitimate children of a female
decedent; and
``(E) illegitimate children of a male
decedent--
``(i) who have been acknowledged in
writing signed by the decedent;
``(ii) who have been judicially
determined, before the decedent's
death, to be his children;
``(iii) who have been otherwise
proved, by evidence satisfactory to the
employing agency, to be children of the
decedent; or
``(iv) to whose support the
decedent had been judicially ordered to
contribute.
``(3) Subparagraphs (C) and (D) of paragraph (1),
so far as they apply to parents and persons in loco
parentis, include fathers and mothers through adoption,
and persons who stood in loco parentis to the decedent
for a period of not less than one year at any time
before the decedent became an employee. However, only
one father and one mother, or their counterparts in
loco parentis, may be recognized in any case, and
preference shall be given to those who exercised a
parental relationship on the date, or most nearly
before the date, on which the decedent became an
employee.
``(4) Beginning on the date of the enactment of
this paragraph, a person covered by this section may
designate another person to receive not more than 50
percent of the amount payable under this section. The
designation shall indicate the percentage of the
amount, to be specified only in 10 percent increments
up to the maximum of 50 percent, that the designated
person may receive. The balance of the amount of the
death gratuity shall be paid to or for the living
survivors of the person concerned in accordance with
subparagraphs (A) through (E) of paragraph (1).
``(5) If a person entitled to all or a portion of a
death gratuity under paragraph (1) or (4) dies before
the person receives the death gratuity, it shall be
paid to the living survivor next in the order
prescribed by paragraph (1).
``(e) Definitions.--(1) The term `contingency operation'
has the meaning given to that term in section 1482a(c) of title
10, United States Code.
``(2) The term `employee' has the meaning provided in
section 8101 of this title, but also includes a nonappropriated
fund instrumentality employee, as defined in section 1587(a)(1)
of title 10.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 81 of such title is amended by inserting
after the item relating to section 8102 the following:
``8102a. Death gratuity for injuries incurred in connection with
employee's service with an Armed Force.''.
SEC. 1106. MODIFICATIONS TO THE NATIONAL SECURITY PERSONNEL SYSTEM.
(a) In General.--Section 9902 of title 5, United States
Code, is amended to read as follows:
``Sec. 9902. Establishment of human resources management system
``(a) In General.--The Secretary may, in regulations
prescribed jointly with the Director, establish, and from time
to time adjust, a human resources management system for some or
all of the organizational or functional units of the Department
of Defense. The human resources management system established
under authority of this section shall be referred to as the
`National Security Personnel System'.
``(b) System Requirements.--Any system established under
subsection (a) shall--
``(1) be flexible;
``(2) be contemporary;
``(3) not waive, modify, or otherwise affect--
``(A) the public employment principles of
merit and fitness set forth in section 2301,
including the principles of hiring based on
merit, fair treatment without regard to
political affiliation or other nonmerit
considerations, equal pay for equal work, and
protection of employees against reprisal for
whistleblowing;
``(B) any provision of section 2302,
relating to prohibited personnel practices;
``(C)(i) any provision of law referred to
in section 2302(b)(1), (8), and (9); or
``(ii) any provision of law implementing
any provision of law referred to in section
2302(b)(1), (8), and (9) by--
``(I) providing for equal
employment opportunity through
affirmative action; or
``(II) providing any right or
remedy available to any employee or
applicant for employment in the public
service;
``(D) any other provision of this part (as
described in subsection (d)); or
``(E) any rule or regulation prescribed
under any provision of law referred to in this
paragraph;
``(4) not apply to any prevailing rate employees,
as defined in section 5342(a)(2);
``(5) ensure that employees may organize, bargain
collectively, and participate through labor
organizations of their own choosing in decisions which
affect them, subject to any exclusion from coverage or
limitation on negotiability established pursuant to
law;
``(6) not be limited by any specific law or
authority under this title, or by any rule or
regulation prescribed under this title, that is waived
in regulations prescribed under this chapter, subject
to paragraph (3); and
``(7) include a performance management system that
incorporates the following elements:
``(A) Adherence to merit principles set
forth in section 2301.
``(B) A fair, credible, and transparent
employee performance appraisal system.
``(C) A link between the performance
management system and the agency's strategic
plan.
``(D) A means for ensuring employee
involvement in the design and implementation of
the system.
``(E) Adequate training and retraining for
supervisors, managers, and employees in the
implementation and operation of the performance
management system.
``(F) A process for ensuring ongoing
performance feedback and dialogue between
supervisors, managers, and employees throughout
the appraisal period, and setting timetables
for review.
``(G) Effective safeguards to ensure that
the management of the system is fair and
equitable and based on employee performance.
``(H) A means for ensuring that adequate
agency resources are allocated for the design,
implementation, and administration of the
performance management system.
``(I) A pay-for-performance evaluation
system to better link individual pay to
performance, and provide an equitable method
for appraising and compensating employees.
``(c) Personnel Management at Defense Laboratories.--
``(1) The National Security Personnel System shall
not apply with respect to a laboratory under paragraph
(2) before October 1, 2011, and shall apply on or after
October 1, 2011, only to the extent that the Secretary
determines that the flexibilities provided by the
National Security Personnel System are greater than the
flexibilities provided to those laboratories pursuant
to section 342 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2721) and section 1101 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (5
U.S.C. 3104 note), respectively.
``(2) The laboratories to which this subsection
applies are--
``(A) the Aviation and Missile Research
Development and Engineering Center;
``(B) the Army Research Laboratory;
``(C) the Medical Research and Materiel
Command;
``(D) the Engineer Research and Development
Command;
``(E) the Communications-Electronics
Command;
``(F) the Soldier and Biological Chemical
Command;
``(G) the Naval Sea Systems Command
Centers;
``(H) the Naval Research Laboratory;
``(I) the Office of Naval Research; and
``(J) the Air Force Research Laboratory.
``(d) Other Nonwaivable Provisions.--The other provisions
of this part referred to in subsection (b)(3)(D) are--
``(1) subparts A, B, E, G, and H of this part; and
``(2) chapters 41, 45, 47, 55 (except subchapter V
thereof, apart from section 5545b), 57, 59, 71, 72, 73,
75, 77, and 79, and this chapter.
``(e) Limitations Relating to Pay.--
``(1) Nothing in this section shall constitute
authority to modify the pay of any employee who serves
in an Executive Schedule position under subchapter II
of chapter 53.
``(2) Except as provided for in paragraph (1), the
total amount in a calendar year of allowances,
differentials, bonuses, awards, or other similar cash
payments paid under this title to any employee who is
paid under section 5376 or 5383 or under title 10 or
under other comparable pay authority established for
payment of Department of Defense senior executive or
equivalent employees may not exceed the total annual
compensation payable to the Vice President under
section 104 of title 3.
``(3) To the maximum extent practicable, the rates
of compensation for civilian employees at the
Department of Defense shall be adjusted at the same
rate, and in the same proportion, as are rates of
compensation for members of the uniformed services.
``(4) To the maximum extent practicable, for fiscal
years 2004 through 2012, the overall amount allocated
for compensation of the civilian employees of an
organizational or functional unit of the Department of
Defense that is included in the National Security
Personnel System shall not be less than the amount that
would have been allocated for compensation of such
employees for such fiscal year if they had not been
converted to the National Security Personnel System,
based on, at a minimum--
``(A) the number and mix of employees in
such organizational or functional unit prior to
the conversion of such employees to the
National Security Personnel System; and
``(B) adjusted for normal step increases
and rates of promotion that would have been
expected, had such employees remained in their
previous pay schedule.
``(5) To the maximum extent practicable, the
regulations implementing the National Security
Personnel System shall provide a formula for
calculating the overall amount to be allocated for
fiscal years after fiscal year 2012 for compensation of
the civilian employees of an organization or functional
unit of the Department of Defense that is included in
the National Security Personnel System. The formula
shall ensure that in the aggregate, employees are not
disadvantaged in terms of the overall amount of pay
available as a result of conversion to the National
Security Personnel System, while providing flexibility
to accommodate changes in the function of the
organization, changes in the mix of employees
performing those functions, and other changed
circumstances that might impact pay levels.
``(6) Amounts allocated for compensation of
civilian employees of the Department of Defense
pursuant to paragraphs (4) and (5) shall be available
only for the purpose of providing such compensation.
``(7) At the time of any annual adjustment to pay
schedules pursuant to section 5303, the rate of basic
pay for each employee of an organizational or
functional unit of the Department of Defense that is
included in the National Security Personnel System who
receives a performance rating above unacceptable or who
does not have a current rating of record for the most
recently completed appraisal period shall be adjusted
by no less than 60 percent of the amount of such
adjustment. The balance of the amount that would have
been available for an annual adjustment under section
5303 shall be allocated to pay pool funding, for the
purpose of increasing rates of pay on the basis of
employee performance.
``(8) Each employee of an organizational or
functional unit of the Department of Defense that is
included in the National Security Personnel System who
receives a performance rating above unacceptable or who
does not have a current rating of record for the most
recently completed appraisal period shall receive--
``(A) locality-based comparability payments
under section 5304 and section 5304a in the
same manner and to the same extent as employees
under the General Schedule; or
``(B) the full measure of any other local
market supplement applicable to the employee if
locality-based comparability payments referred
to in subparagraph (A) are not generally
applicable to the employee.
Nothing in this paragraph shall be construed to make
locality-based comparability payments or other local
market supplements payable to any category of employees
or positions which were ineligible for such payments or
supplements (as the case may be) as of the day before
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2004.
``(9) Any rate of pay established or adjusted in
accordance with the requirements of this section shall
be non-negotiable, but shall be subject to procedures
and appropriate arrangements of paragraphs (2) and (3)
of section 7106(b), except that nothing in this
paragraph shall be construed to eliminate the
bargaining rights of any category of employees who were
authorized to negotiate rates of pay as of the day
before the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2004.
``(f) Provisions Regarding National Level Bargaining.--
``(1) The Secretary may bargain with a labor
organization which has been accorded exclusive
recognition under chapter 71 at an organizational level
above the level of exclusive recognition. The decision
to bargain above the level of exclusive recognition
shall not be subject to review. The Secretary shall
consult with the labor organization before determining
the appropriate organizational level of bargaining.
``(2) Any such bargaining shall--
``(A) address issues that are--
``(i) subject to bargaining under
chapter 71 and this chapter;
``(ii) applicable to multiple
bargaining units; and
``(iii) raised by either party to
the bargaining;
``(B) except as agreed by the parties or
directed through an independent dispute
resolution process agreed upon by the parties,
be binding on all affected subordinate
bargaining units of the labor organization at
the level of recognition and their exclusive
representatives, and the Department of Defense
and its subcomponents, without regard to levels
of recognition;
``(C) to the extent agreed by the parties
or directed through an independent dispute
resolution process agreed upon by the parties,
supersede conflicting provisions of all other
collective bargaining agreements of the labor
organization, including collective bargaining
agreements negotiated with an exclusive
representative at the level of recognition; and
``(D) except as agreed by the parties or
directed through an independent dispute
resolution process agreed upon by the parties,
not be subject to further negotiations for any
purpose, including bargaining at the level of
recognition.
``(3) Any independent dispute resolution process
agreed to by the parties for the purposes of paragraph
(2) shall have the authority to address all issues on
which the parties are unable to reach agreement.
``(4) The National Guard Bureau and the Army and
Air Force National Guard may be included in coverage
under this subsection.
``(5) Any bargaining completed pursuant to this
subsection with a labor organization not otherwise
having national consultation rights with the Department
of Defense or its subcomponents shall not create any
obligation on the Department of Defense or its
subcomponents to confer national consultation rights on
such a labor organization.
``(g) Provisions Related to Separation and Retirement
Incentives.--
``(1) The Secretary may establish a program within
the Department of Defense under which employees may be
eligible for early retirement, offered separation
incentive pay to separate from service voluntarily, or
both. This authority may be used to reduce the number
of personnel employed by the Department of Defense or
to restructure the workforce to meet mission objectives
without reducing the overall number of personnel. This
authority is in addition to, and notwithstanding, any
other authorities established by law or regulation for
such programs.
``(2)(A) The Secretary may not authorize the
payment of voluntary separation incentive pay under
paragraph (1) to more than 25,000 employees in any
fiscal year, except that employees who receive
voluntary separation incentive pay as a result of a
closure or realignment of a military installation under
the Defense Base Closure and Realignment Act of 1990
(title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
shall not be included in that number.
``(B) The Secretary shall prepare a report each
fiscal year setting forth the number of employees who
received such pay as a result of a closure or
realignment of a military base as described under
subparagraph (A).
``(C) The Secretary shall submit the report under
subparagraph (B) to the Committee on Armed Services and
the Committee on Governmental Affairs of the Senate,
and the Committee on Armed Services and the Committee
on Government Reform of the House of Representatives.
``(3) For purposes of this section, the term
`employee' means an employee of the Department of
Defense, serving under an appointment without time
limitation, except that such term does not include--
``(A) a reemployed annuitant under
subchapter III of chapter 83 or chapter 84, or
another retirement system for employees of the
Federal Government;
``(B) an employee having a disability on
the basis of which such employee is or would be
eligible for disability retirement under any of
the retirement systems referred to in
subparagraph (A); or
``(C) for purposes of eligibility for
separation incentives under this section, an
employee who is in receipt of a decision notice
of involuntary separation for misconduct or
unacceptable performance.
``(4) An employee who is at least 50 years of age
and has completed 20 years of service, or has at least
25 years of service, may, pursuant to regulations
promulgated under this section, apply and be retired
from the Department of Defense and receive benefits in
accordance with chapter 83 or 84 if the employee has
been employed continuously within the Department of
Defense for more than 30 days before the date on which
the determination to conduct a reduction or
restructuring within 1 or more Department of Defense
components is approved.
``(5)(A) Separation pay shall be paid in a lump sum
or in installments and shall be equal to the lesser of
--
``(i) an amount equal to the amount the
employee would be entitled to receive under
section 5595(c), if the employee were entitled
to payment under such section; or
``(ii) $25,000.
``(B) Separation pay shall not be a basis for
payment, and shall not be included in the computation,
of any other type of Government benefit. Separation pay
shall not be taken into account for the purpose of
determining the amount of any severance pay to which an
individual may be entitled under section 5595, based on
any other separation.
``(C) Separation pay, if paid in installments,
shall cease to be paid upon the recipient's acceptance
of employment by the Federal Government, or
commencement of work under a personal services contract
as described in paragraph (6).
``(6)(A) An employee who receives separation pay
under such program may not be reemployed by the
Department of Defense for a 12-month period beginning
on the effective date of the employee's separation,
unless this prohibition is waived by the Secretary on a
case-by-case basis.
``(B) An employee who receives separation pay under
this section on the basis of a separation occurring on
or after the date of the enactment of the Federal
Workforce Restructuring Act of 1994 (Public Law 103-
226; 108 Stat. 111) and accepts employment with the
Government of the United States, or who commences work
through a personal services contract with the United
States within 5 years after the date of the separation
on which payment of the separation pay is based, shall
be required to repay the entire amount of the
separation pay to the Department of Defense. If the
employment is with an Executive agency (as defined by
section 105) other than the Department of Defense, the
Director may, at the request of the head of that
agency, waive the repayment if the individual involved
possesses unique abilities and is the only qualified
applicant available for the position. If the employment
is within the Department of Defense, the Secretary may
waive the repayment if the individual involved is the
only qualified applicant available for the position. If
the employment is with an entity in the legislative
branch, the head of the entity or the appointing
official may waive the repayment if the individual
involved possesses unique abilities and is the only
qualified applicant available for the position. If the
employment is with the judicial branch, the Director of
the Administrative Office of the United States Courts
may waive the repayment if the individual involved
possesses unique abilities and is the only qualified
applicant available for the position.
``(7) Under this program, early retirement and
separation pay may be offered only pursuant to
regulations established by the Secretary, subject to
such limitations or conditions as the Secretary may
require.
``(h) Provisions Relating to Reemployment.--
``(1) Except as provided under paragraph (2), if an
annuitant receiving an annuity from the Civil Service
Retirement and Disability Fund becomes employed in a
position within the Department of Defense, his annuity
shall continue. An annuitant so reemployed shall not be
considered an employee for purposes of subchapter III
of chapter 83 or chapter 84.
``(2)(A) An annuitant retired under section
8336(d)(1) or 8414(b)(1)(A) receiving an annuity from
the Civil Service Retirement and Disability Fund, who
becomes employed in a position within the Department of
Defense after the date of enactment of the National
Defense Authorization Act for Fiscal Year 2004 (Public
Law 108-136), may elect to be subject to section 8344
or 8468 (as the case may be).
``(B) An election for coverage under this paragraph
shall be filed not later than the later of 90 days
after the date the Department of Defense--
``(i) prescribes regulations to carry out
this subsection; or
``(ii) takes reasonable actions to notify
employees who may file an election.
``(C) If an employee files an election under this
paragraph, coverage shall be effective beginning on the
first day of the first applicable pay period beginning
on or after the date of the filing of the election.
``(D) Paragraph (1) shall apply to an individual
who is eligible to file an election under subparagraph
(A) and does not file a timely election under
subparagraph (B).
``(3) The Secretary shall prescribe regulations to
carry out this subsection.
``(i) Additional Provisions Relating to Personnel
Management.--
``(1) Subject to the requirements of chapter 71 and
the limitations in subsection (b)(3), the Secretary of
Defense, in establishing and implementing the National
Security Personnel System under subsection (a), shall
not be limited by any provision of this title or any
rule or regulation prescribed under this title in
establishing and implementing regulations relating to--
``(A) the methods of establishing
qualification requirements for, recruitment
for, and appointments to positions; and
``(B) the methods of assigning,
reassigning, detailing, transferring, or
promoting employees.
``(2) In implementing this subsection, the
Secretary shall comply with the provisions of section
2302(b)(11), regarding veterans' preference
requirements, as provided for in subsection (b)(3).
``(j) Phase-in.--The Secretary may not, in any calendar
year, add any organizational or functional unit to the National
Security Personnel System which would cause the total number of
employees added to such System in such year to exceed
100,000.''.
(b) Implementation.--
(1) The requirements of section 9902 of title 5,
United States Code, as amended by this section, may be
implemented through rules promulgated jointly by the
Secretary of Defense and the Director of the Office of
Personnel Management after notice and opportunity for
public comment or through Department of Defense rules
or internal agency implementing issuances. Rules
promulgated jointly by the Secretary and the Director
under this paragraph shall be treated as major rules
for the purposes of section 801 of title 5, United
States Code.
(2) Both rules and implementing issuances shall be
subject to collective bargaining consistent with the
requirements of chapter 71 of title 5, United States
Code. Rules promulgated jointly by the Secretary of
Defense and the Director of the Office of Personnel
Management after notice and opportunity for public
comment and in accordance with the requirements of
section 801 of such title 5 for a major rule shall be
treated in the same manner as government-wide rules for
the purpose of such collective bargaining, if such
rules are uniformly applicable to all organizational or
functional units included in the National Security
Personnel System.
(3) Any rules and implementing issuances that were
adopted prior to the date of the enactment of this
Act--
(A) shall be invalid to the extent that
they are inconsistent with the requirements of
section 9902 of title 5, United States Code, as
amended by this section;
(B) shall not supersede a collective
bargaining agreement that was in place prior to
the date on which the rule or implementing
issuance was promulgated; and
(C) shall be subject to collective
bargaining--
(i) in the case of rules which are
uniformly applicable to all
organizational or functional units
included in the National Security
Personnel System and issued jointly by
the Secretary of Defense and the
Director of the Office of Personnel
Management pursuant to subsection
9902(f)(1) of title 5, United States
Code (as in effect prior to the
enactment of this section), only as to
impact and implementation, when applied
to employees of the Department of
Defense from any bargaining unit;
(ii) in the case of any other rules
or implementing issuances, to the
extent provided in chapter 71 of title
5, United States Code.
(4) The availability of judicial review of any
rules or implementing issuances that were adopted prior
to the date of the enactment of this Act shall not be
affected by the enactment of this section.
(c) Comptroller General Reviews.--
(1) The Comptroller General shall conduct annual
reviews in calendar years 2008, 2009 and 2010 of--
(A) employee satisfaction with the National
Security Personnel System established pursuant
to section 9902 of title 5, United States Code,
as amended by this section; and
(B) the extent to which the Department of
Defense has effectively implemented
accountability mechanisms, including those
established in section 9902(b)(7) of title 5,
United States Code, and internal safeguards for
the National Security Personnel System.
(2) To the extent that the Department of Defense
undertakes internal assessments or employee surveys to
assess employee satisfaction with the National Security
Personnel System in any such calendar year, the
Comptroller General shall--
(A) determine whether such assessments or
surveys are appropriately designed and
statistically valid; and
(B) provide an independent evaluation of
the results of such assessments or surveys.
(3) To the extent that the Department of Defense
does not undertake appropriately designed and
statistically valid employee surveys, the Comptroller
General shall conduct such a survey and provide an
independent evaluation of the results.
(4) The Comptroller General shall report the
results of each annual review conducted under this
subsection to the Committees on Armed Services of the
Senate and the House of Representatives, the Committee
on Homeland Security and Governmental Affairs of the
Senate, and the Committee on Oversight and Government
Reform of the House of Representatives.
SEC. 1107. REQUIREMENT FOR FULL IMPLEMENTATION OF PERSONNEL
DEMONSTRATION PROJECT.
(a) Requirement.--The Secretary of Defense shall take all
necessary actions to fully implement and use the authorities
provided to the Secretary under section 342(b) of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2721), as amended by section 1114 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 114 Stat.
1654A-315), to carry out personnel management demonstration
projects at Department of Defense laboratories that are
exempted by section 9902(c) of title 5, United States Code,
from inclusion in the Department of Defense National Security
Personnel System.
(b) Process for Full Implementation.--The Secretary of
Defense shall also implement a process and implementation plan
to fully utilize the authorities described in subsection (a) to
enhance the performance of the missions of the laboratories.
(c) Other Laboratories.--Any flexibility available to any
demonstration laboratory shall be available for use at any
other laboratory as enumerated in section 9902(c)(2) of title
5, United States Code.
(d) Submission of List and Description.--Not later than
March 1 of each year, beginning with March 1, 2008, the
Secretary of Defense shall submit to Congress a list and
description of the demonstration project notices, amendments,
and changes requested by the laboratories during the preceding
calendar year. The list shall include all approved and
disapproved notices, amendments, and changes, and the reasons
for disapproval or delay in approval.
SEC. 1108. AUTHORITY FOR INCLUSION OF CERTAIN OFFICE OF DEFENSE
RESEARCH AND ENGINEERING POSITIONS IN EXPERIMENTAL
PERSONNEL PROGRAM FOR SCIENTIFIC AND TECHNICAL
PERSONNEL.
Section 1101(b)(1) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note) is
amended--
(1) in subparagraph (B), by striking ``and'' at the
end;
(2) in subparagraph (C), by adding ``and'' at the
end; and
(3) by adding after subparagraph (C) the following:
``(D) not more than a total of 10
scientific and engineering positions in the
Office of the Director of Defense Research and
Engineering;''.
SEC. 1109. PILOT PROGRAM FOR THE TEMPORARY ASSIGNMENT OF INFORMATION
TECHNOLOGY PERSONNEL TO PRIVATE SECTOR
ORGANIZATIONS.
(a) Assignment Authority.--The Secretary of Defense may,
with the agreement of the private sector organization and the
Department of Defense employee concerned, arrange for the
temporary assignment of such employee to such private sector
organization under this section. An employee shall be eligible
for such an assignment only if--
(1) the employee--
(A) works in the field of information
technology management;
(B) is considered to be an exceptional
employee;
(C) is expected to assume increased
information technology management
responsibilities in the future;
(D) is compensated at not less than the GS-
11 level (or the equivalent); and
(E) is serving under a career or career-
conditional appointment or an appointment of
equivalent tenure in the excepted service; and
(2) the proposed assignment meets applicable
requirements of section 209(b) of the E-Government Act
of 2002 (44 U.S.C. 3501 note).
(b) Agreements.--The Secretary of Defense shall provide for
a written agreement between the Department of Defense and the
employee concerned regarding the terms and conditions of the
employee's assignment under this section. The agreement--
(1) shall require that, upon completion of the
assignment, the employee will serve in the civil
service for a period equal to the length of the
assignment; and
(2) shall provide that if the employee fails to
carry out the agreement, such employee shall be liable
to the United States for payment of all expenses of the
assignment, unless that failure was for good and
sufficient reason (as determined by the Secretary of
Defense).
An amount for which an employee is liable under paragraph (2)
shall be treated as a debt due the United States.
(c) Termination.--An assignment under this section may, at
any time and for any reason, be terminated by the Department of
Defense or the private sector organization concerned.
(d) Duration.--An assignment under this section shall be
for a period of not less than 3 months and not more than 1
year, and may be extended in 3-month increments for a total of
not more than 1 additional year; however, no assignment under
this section may commence after September 30, 2010.
(e) Considerations.--In carrying out this section, the
Secretary of Defense--
(1) shall ensure that, of the assignments made
under this section each year, at least 20 percent are
to small business concerns (as defined by section
3703(e)(2)(A) of title 5, United States Code); and
(2) shall take into consideration the question of
how assignments under this section might best be used
to help meet the needs of the Department of Defense
with respect to the training of employees in
information technology management.
(f) Numerical Limitation.--In no event may more than 10
employees be participating in assignments under this section as
of any given time.
(g) Reporting Requirement.--
(1) In general.--Not later than 6 months after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a
report on the potential benefits of a program under
which employees specializing in information technology
may be temporarily assigned from private sector
organizations to the Department of Defense.
(2) Contents.--The report shall include--
(A) a statement of findings and an
explanation of the bases for those findings;
(B) an assessment of the laws, rules, and
processes relating to the prevention of
conflicts of interest and abuse which would
apply to private sector employees during the
period of their assignment to the Department of
Defense, and whether they need to be
strengthened or otherwise changed;
(C) mechanisms proposed for the governance
and oversight of the program; and
(D) recommendations for any legislation
which may be necessary.
SEC. 1110. COMPENSATION FOR FEDERAL WAGE SYSTEM EMPLOYEES FOR CERTAIN
TRAVEL HOURS.
Section 5544(a) of title 5, United States Code, is amended
in clause (iv) (in the third sentence following paragraph (3)),
by striking ``administratively.'' and inserting
``administratively (including travel by the employee to such
event and the return of the employee from such event to the
employee's official duty station).''.
SEC. 1111. TRAVEL COMPENSATION FOR WAGE GRADE PERSONNEL.
(a) Eligibility for Compensatory Time Off for Travel.--
Section 5550b(a) of title 5, United States Code, is amended by
striking ``section 5542(b)(2),'' and inserting ``any provision
of section 5542(b)(2) or 5544(a),''.
(b) Conforming Amendment.--Section 5541(2)(xi) of such
title is amended by striking ``section 5544'' and inserting
``section 5544 or 5550b''.
(c) Effective Date.--The amendments made by this section
shall take effect on the earlier of--
(1) the effective date of any regulations
prescribed to carry out such amendments; or
(2) the 90th day after the date of the enactment of
this Act.
SEC. 1112. ACCUMULATION OF ANNUAL LEAVE BY SENIOR LEVEL EMPLOYEES.
Section 6304(f)(1) of title 5, United States Code, is
amended--
(1) in the matter before subparagraph (A), by
striking ``in a position in--'' and inserting ``in--'';
(2) in subparagraphs (A) through (E), by inserting
``a position in'' before ``the'';
(3) in subparagraph (D), by striking ``or'' at the
end;
(4) in subparagraph (E), by striking the period and
inserting a semicolon; and
(5) by adding after subparagraph (E) the following:
``(F) a position to which section 5376 applies; or
``(G) a position designated under section 1607(a)
of title 10 as an Intelligence Senior Level
position.''.
SEC. 1113. UNIFORM ALLOWANCES FOR CIVILIAN EMPLOYEES.
Section 1593(b) of title 10, United States Code, is amended
by striking ``$400 per year.'' and inserting ``$400 per year
(or such higher maximum amount as the Secretary of Defense may
by regulation prescribe).''.
SEC. 1114. FLEXIBILITY IN SETTING PAY FOR EMPLOYEES WHO MOVE FROM A
DEPARTMENT OF DEFENSE OR COAST GUARD
NONAPPROPRIATED FUND INSTRUMENTALITY POSITION TO A
POSITION IN THE GENERAL SCHEDULE PAY SYSTEM.
Section 5334(f) of title 5, United States Code, is
amended--
(1) by striking ``(f)'' and inserting ``(f)(1)'';
(2) in the first sentence, by striking ``does not
exceed'' and all that follows through ``2105(c).'' and
inserting the following: ``does not exceed--
``(A) if the highest previous rate of basic pay
received by that employee during the employee's service
described in section 2105(c) is equal to a rate of the
appropriate grade, such rate of the appropriate grade;
``(B) if the employee's highest previous rate of
basic pay (as described in subparagraph (A)) is between
two rates of the appropriate grade, the higher of those
two rates; or
``(C) if the employee's highest previous rate of
basic pay (as described in subparagraph (A)) exceeds
the maximum rate of the appropriate grade, the maximum
rate of the appropriate grade.''; and
(3) in the second sentence, by striking ``In the
case of'' and inserting the following:
``(2) In the case of''.
SEC. 1115. RETIREMENT SERVICE CREDIT FOR SERVICE AS CADET OR MIDSHIPMAN
AT A MILITARY SERVICE ACADEMY.
(a) Civil Service Retirement System.--Section 8331(13) of
title 5, United States Code, is amended by striking ``but'' and
inserting ``and includes service as a cadet at the United
States Military Academy, the United States Air Force Academy,
or the United States Coast Guard Academy, or as a midshipman at
the United States Naval Academy, but''.
(b) Federal Employees' Retirement System.--Section 8401(31)
of such title is amended by striking ``but'' and inserting
``and includes service as a cadet at the United States Military
Academy, the United States Air Force Academy, or the United
States Coast Guard Academy, or as a midshipman at the United
States Naval Academy, but''.
(c) Applicability.--The amendments made by this section
shall apply to--
(1) any annuity, eligibility for which is based
upon a separation occurring before, on, or after the
date of enactment of this Act; and
(2) any period of service as a cadet at the United
States Military Academy, the United States Air Force
Academy, or the United States Coast Guard Academy, or
as a midshipman at the United States Naval Academy,
occurring before, on, or after the date of enactment of
this Act.
SEC. 1116. AUTHORIZATION FOR INCREASED COMPENSATION FOR FACULTY AND
STAFF OF THE UNIFORMED SERVICES UNIVERSITY OF THE
HEALTH SCIENCES.
Section 2113(c) of title 10, United States Code, as
redesignated by section 954(a)(3) of this Act, is amended--
(1) in paragraph (1)--
(A) by inserting ``(after due consideration
by the Secretary)'' before ``so as''; and
(B) by striking ``within the vicinity of
the District of Columbia'' and inserting
``identified by the Secretary for purposes of
this paragraph''; and
(2) in paragraph (4)--
(A) by striking ``section 5373'' and
inserting ``sections 5307 and 5373''; and
(B) by adding at the end the following new
sentence: ``In no event may the total amount of
compensation paid to an employee under
paragraph (1) in any year (including salary,
allowances, differentials, bonuses, awards, and
other similar cash payments) exceed the total
amount of annual compensation (excluding
expenses) specified in section 102 of title
3.''.
SEC. 1117. REPORT ON ESTABLISHMENT OF A SCHOLARSHIP PROGRAM FOR
CIVILIAN MENTAL HEALTH PROFESSIONALS.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall, in consultation with the Assistant Secretary of Defense
for Health Affairs and each of the Surgeons General of the
Armed Forces, submit to Congress a report on the feasibility
and advisability of establishing a scholarship program for
civilian mental health professionals.
(b) Elements.--The report shall include the following:
(1) An assessment of a potential scholarship
program that provides certain educational funding to
students seeking a career in mental health services in
exchange for service in the Department of Defense.
(2) An assessment of current scholarship programs
which may be expanded to include mental health
professionals.
(3) Recommendations regarding the establishment or
expansion of scholarship programs for mental health
professionals.
(4) A plan to implement, or reasons for not
implementing, recommendations that will increase mental
health staffing across the Department of Defense.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Military-to-military contacts and comparable activities.
Sec. 1202. Authority for support of military operations to combat
terrorism.
Sec. 1203. Medical care and temporary duty travel expenses for liaison
officers of certain foreign nations.
Sec. 1204. Extension and expansion of Department of Defense authority to
participate in multinational military centers of excellence.
Sec. 1205. Reauthorization of Commanders' Emergency Response Program.
Sec. 1206. Authority to build the capacity of the Pakistan Frontier
Corps.
Sec. 1207. Authority to equip and train foreign personnel to assist in
accounting for missing United States Government personnel.
Sec. 1208. Authority to provide automatic identification system data on
maritime shipping to foreign countries and international
organizations.
Sec. 1209. Report on foreign-assistance related programs carried out by
the Department of Defense.
Sec. 1210. Extension and enhancement of authority for security and
stabilization assistance.
Sec. 1211. Government Accountability Office report on Global Peace
Operations Initiative.
Sec. 1212. Repeal of limitations on military assistance under the
American Servicemembers' Protection Act of 2002.
Subtitle B--Matters Relating to Iraq and Afghanistan
Sec. 1221. Modification of authorities relating to the Office of the
Special Inspector General for Iraq Reconstruction.
Sec. 1222. Limitation on availability of funds for certain purposes
relating to Iraq.
Sec. 1223. Report on United States policy and military operations in
Iraq.
Sec. 1224. Report on a comprehensive set of performance indicators and
measures for progress toward military and political stability
in Iraq.
Sec. 1225. Report on support from Iran for attacks against coalition
forces in Iraq.
Sec. 1226. Sense of Congress on the consequences of a failed state in
Iraq.
Sec. 1227. Sense of Congress on federalism in Iraq.
Sec. 1228. Tracking and monitoring of defense articles provided to the
Government of Iraq and other individuals and groups in Iraq.
Sec. 1229. Special Inspector General for Afghanistan Reconstruction.
Sec. 1230. Report on progress toward security and stability in
Afghanistan.
Sec. 1231. United States plan for sustaining the Afghanistan National
Security Forces.
Sec. 1232. Report on enhancing security and stability in the region
along the border of Afghanistan and Pakistan.
Sec. 1233. Reimbursement of certain coalition nations for support
provided to United States military operations.
Sec. 1234. Logistical support for coalition forces supporting operations
in Iraq and Afghanistan.
Subtitle C--Iraq Refugee Crisis
Sec. 1241. Short title.
Sec. 1242. Processing mechanisms.
Sec. 1243. United States refugee program processing priorities.
Sec. 1244. Special immigrant status for certain Iraqis.
Sec. 1245. Senior Coordinator for Iraqi Refugees and Internally
Displaced Persons.
Sec. 1246. Countries with significant populations of Iraqi refugees.
Sec. 1247. Motion to reopen denial or termination of asylum.
Sec. 1248. Reports.
Sec. 1249. Authorization of appropriations.
Subtitle D--Other Authorities and Limitations
Sec. 1251. Cooperative opportunities documents under cooperative
research and development agreements with NATO organizations
and other allied and friendly foreign countries.
Sec. 1252. Extension and expansion of temporary authority to use
acquisition and cross-servicing agreements to lend military
equipment for personnel protection and survivability.
Sec. 1253. Acceptance of funds from the Government of Palau for costs of
United States military Civic Action Team in Palau.
Sec. 1254. Repeal of requirement relating to North Korea.
Sec. 1255. Justice for Osama bin Laden and other leaders of al Qaeda.
Sec. 1256. Extension of Counterproliferation Program Review Committee.
Sec. 1257. Sense of Congress on the Western Hemisphere Institute for
Security Cooperation.
Sec. 1258. Sense of Congress on Iran.
Subtitle E--Reports
Sec. 1261. One-year extension of update on report on claims relating to
the bombing of the Labelle Discotheque.
Sec. 1262. Report on United States policy toward Darfur, Sudan.
Sec. 1263. Inclusion of information on asymmetric capabilities in annual
report on military power of the People's Republic of China.
Sec. 1264. Report on application of the Uniform Code of Military Justice
to civilians accompanying the Armed Forces during a time of
declared war or contingency operation.
Sec. 1265. Report on family reunions between United States citizens and
their relatives in North Korea.
Sec. 1266. Reports on prevention of mass atrocities.
Sec. 1267. Report on threats to the United States from ungoverned areas.
Subtitle A--Assistance and Training
SEC. 1201. MILITARY-TO-MILITARY CONTACTS AND COMPARABLE ACTIVITIES.
Section 168(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(9) The assignment of personnel described in
paragraph (3) or (4) on a non-reciprocal basis if the
Secretary of Defense determines that such an
assignment, rather than an exchange of personnel, is in
the interests of the United States.''.
SEC. 1202. AUTHORITY FOR SUPPORT OF MILITARY OPERATIONS TO COMBAT
TERRORISM.
(a) Modification of Reporting Requirement.--Subsection (f)
of section 1208 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2086-2087) is amended to read as follows:
``(f) Annual Report.--
``(1) Report required.--Not later than 120 days
after the close of each fiscal year during which
subsection (a) is in effect, the Secretary of Defense
shall submit to the congressional defense committees a
report on support provided under that subsection during
that fiscal year.
``(2) Matters to be included.--Each report required
by paragraph (1) shall describe the support provided,
including--
``(A) the country involved in the activity,
the individual or force receiving the support,
and, to the maximum extent practicable, the
specific region of each country involved in the
activity;
``(B) the respective dates and a summary of
congressional notifications for each activity;
``(C) the unified commander for each
activity, as well as the related objectives, as
established by that commander;
``(D) the total amount obligated to provide
the support;
``(E) for each activity that amounts to
more than $500,000, specific budget details
that explain the overall funding level for that
activity; and
``(F) a statement providing a brief
assessment of the outcome of the support,
including specific indications of how the
support furthered the mission objective of
special operations forces and the types of
follow-on support, if any, that may be
necessary.''.
(b) Annual Limitation.--Subsection (g) of such section is
amended--
(1) in the heading, by striking ``Fiscal Year
2005'' and inserting ``Annual''; and
(2) by striking ``fiscal year 2005'' and inserting
``each fiscal year during which subsection (a) is in
effect''.
(c) Extension of Period of Authority.--Subsection (h) of
such section is amended by striking ``2007'' and inserting
``2010''.
SEC. 1203. MEDICAL CARE AND TEMPORARY DUTY TRAVEL EXPENSES FOR LIAISON
OFFICERS OF CERTAIN FOREIGN NATIONS.
(a) Authority.--Subsection (a) of section 1051a of title
10, United States Code, is amended--
(1) by striking ``involved in a coalition'' and
inserting ``involved in a military operation''; and
(2) by striking ``coalition operation'' and
inserting ``military operation''.
(b) Medical Care and Temporary Duty Travel Expenses.--
Subsection (b) of such section is amended--
(1) in the heading, by striking ``and Subsistence''
inserting ``, Subsistence, and Medical Care'';
(2) in paragraph (2), by adding at the end the
following:
``(C) Expenses for medical care at a civilian
medical facility if--
``(i) adequate medical care is not
available to the liaison officer at a local
military medical treatment facility;
``(ii) the Secretary determines that
payment of such medical expenses is necessary
and in the best interests of the United States;
and
``(iii) medical care is not otherwise
available to the liaison officer pursuant to
any treaty or other international agreement.'';
and
(3) by adding at the end the following:
``(3) The Secretary may pay the mission-related
travel expenses of a liaison officer described in
subsection (a) if such travel is in support of the
national interests of the United States and the
commander of the headquarters to which the liaison
officer is temporarily assigned directs round-trip
travel from the assigned headquarters to one or more
locations.''.
(c) Definition.--Subsection (d) of such section is
amended--
(1) by striking ``(d) Definitions.--'' and all that
follows through ``(1) The term'' and inserting ``(d)
Definition.--In this section, the term''; and
(2) by striking paragraph (2).
(d) Expiration of Authority.--Such section is further
amended by striking subsection (e).
(e) Conforming and Clerical Amendments.--(1) The heading
for such section is amended to read as follows:
``Sec. 1051a. Liaison officers of certain foreign nations;
administrative services and support; travel,
subsistence, medical care, and other personal
expenses''.
(2) The table of sections at the beginning of chapter 53 of
title 10, United States Code, is amended by striking the item
relating to section 1051a and inserting the following:
``1051a. Liaison officers of certain foreign nations; administrative
services and support; travel, subsistence, medical care, and
other personal expenses.''.
SEC. 1204. EXTENSION AND EXPANSION OF DEPARTMENT OF DEFENSE AUTHORITY
TO PARTICIPATE IN MULTINATIONAL MILITARY CENTERS OF
EXCELLENCE.
(a) Extension of Authority.--Subsection (a) of section 1205
of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 1202 Stat. 2416) is
amended by striking ``fiscal year 2007'' and inserting ``fiscal
years 2007 and 2008''.
(b) Limitation on Amounts Available for Participation.--
Subsection (e) of such section is amended by striking paragraph
(2) and inserting the following new paragraph:
``(2) Limitation on amount.--The amount available
under paragraph (1)(A) for the expenses referred to in
that paragraph may not exceed--
``(A) in fiscal year 2007, $3,000,000; and
``(B) in fiscal year 2008, $5,000,000.''.
(c) Reports.--Subsection (g) of such section is amended--
(1) in paragraph (1)--
(A) by inserting ``and October 31, 2008,''
after ``October 31, 2007,''; and
(B) by striking ``fiscal year 2007'' and
inserting ``fiscal years 2007 and 2008''; and
(2) in paragraph (2)(A), by striking ``during
fiscal year 2007'' and inserting ``during the preceding
fiscal year''.
SEC. 1205. REAUTHORIZATION OF COMMANDERS' EMERGENCY RESPONSE PROGRAM.
(a) Authority.--Subsection (a) of section 1202 of the
National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3455-3456) is amended--
(1) in the heading, by striking ``Fiscal Years 2006
and 2007'' and inserting ``Fiscal Years 2008 and
2009''; and
(2) in the matter preceding paragraph (1)--
(A) by striking ``fiscal years 2006 and
2007'' and inserting ``fiscal years 2008 and
2009''; and
(B) by striking ``$500,000,000'' and
inserting ``$977,441,000''.
(b) Quarterly Reports.--Subsection (b) of such section is
amended by striking ``fiscal years 2006 and 2007'' and
inserting ``fiscal years 2008 and 2009''.
SEC. 1206. AUTHORITY TO BUILD THE CAPACITY OF THE PAKISTAN FRONTIER
CORPS.
(a) Authority.--The Secretary of Defense, with the
concurrence of the Secretary of State, is authorized during
fiscal year 2008 to provide assistance to enhance the ability
of the Pakistan Frontier Corps to conduct counterterrorism
operations along the border between Pakistan and Afghanistan.
(b) Types of Assistance.--
(1) Authorized elements.--Assistance under
subsection (a) may include the provision of equipment,
supplies, and training.
(2) Required elements.--Assistance under subsection
(a) shall be provided in a manner that promotes--
(A) observance of and respect for human
rights and fundamental freedoms; and
(B) respect for legitimate civilian
authority within Pakistan.
(c) Limitations.--
(1) Funding limitation.--The Secretary of Defense
may use up to $75,000,000 of funds available to the
Department of Defense for operation and maintenance for
fiscal year 2008 to provide the assistance under
subsection (a).
(2) Assistance otherwise prohibited by law.--The
Secretary of Defense may not use the authority in
subsection (a) to provide any type of assistance
described in subsection (b) that is otherwise
prohibited by any provision of law.
(d) Congressional Notification.--
(1) In general.--Not less than 15 days before
providing assistance under subsection (a), the
Secretary of Defense shall submit to the congressional
committees specified in paragraph (2) a notice of the
following:
(A) The budget, types of assistance, and
completion date for providing the assistance
under subsection (a).
(B) The source and planned expenditure of
funds for the assistance under subsection (a).
(2) Specified congressional committees.--The
congressional committees specified in this paragraph
are the following:
(A) The Committee on Armed Services, the
Committee on Foreign Relations, and the
Committee on Appropriations of the Senate.
(B) The Committee on Armed Services, the
Committee on Foreign Affairs, and the Committee
on Appropriations of the House of
Representatives.
SEC. 1207. AUTHORITY TO EQUIP AND TRAIN FOREIGN PERSONNEL TO ASSIST IN
ACCOUNTING FOR MISSING UNITED STATES GOVERNMENT
PERSONNEL.
(a) In General.--Chapter 20 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 408. Equipment and training of foreign personnel to assist in
Department of Defense accounting for missing United
States Government personnel
``(a) In General.--The Secretary of Defense may provide
assistance to any foreign nation to assist the Department of
Defense with recovery of and accounting for missing United
States Government personnel.
``(b) Types of Assistance.--The assistance provided under
subsection (a) may include the following:
``(1) Equipment.
``(2) Supplies.
``(3) Services.
``(4) Training of personnel.
``(c) Approval by Secretary of State.--Assistance may not
be provided under this section to any foreign nation unless the
Secretary of State specifically approves the provision of such
assistance.
``(d) Limitation.--The amount of assistance provided under
this section in any fiscal year may not exceed $1,000,000.
``(e) Construction With Other Assistance.--The authority to
provide assistance under this section is in addition to any
other authority to provide assistance to foreign nations under
law.
``(f) Annual Reports.--(1) Not later than December 31 each
year, the Secretary of Defense shall submit to the
congressional defense committees a report on the assistance
provided under this section during the fiscal year ending in
such year.
``(2) Each report under paragraph (1) shall include, for
the fiscal year covered by such report, the following:
``(A) A listing of each foreign nation provided
assistance under this section.
``(B) For each nation so provided assistance, a
description of the type and amount of such
assistance.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 20 of such title is amended by adding at
the end the following new item:
``408. Equipment and training of foreign personnel to assist in
Department of Defense accounting for missing United States
Government personnel''.
SEC. 1208. AUTHORITY TO PROVIDE AUTOMATIC IDENTIFICATION SYSTEM DATA ON
MARITIME SHIPPING TO FOREIGN COUNTRIES AND
INTERNATIONAL ORGANIZATIONS.
(a) Authority To Provide Data.--The Secretary of Defense,
with the concurrence of the Secretary of State, may authorize
the Secretary of a military department or a commander of a
combatant command to exchange or furnish automatic
identification system data broadcast by merchant or private
ships and collected by the United States to a foreign country
or international organization pursuant to an agreement for the
exchange or production of such data. Such data may be
transferred pursuant to this section without cost to the
recipient country or international organization.
(b) Definitions.--In this section:
(1) Automatic identification system.--The term
``automatic identification system'' means a system that
is used to satisfy the requirements of the Automatic
Identification System under the International
Convention for the Safety of Life at Sea, signed at
London on November 1, 1974 (TIAS 9700).
(2) Geographic combatant commander.--The term
``commander of a combatant command'' means a commander
of a combatant command (as such term is defined in
section 161(c) of title 10, United States Code) with a
geographic area of responsibility.
SEC. 1209. REPORT ON FOREIGN-ASSISTANCE RELATED PROGRAMS CARRIED OUT BY
THE DEPARTMENT OF DEFENSE.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the appropriate congressional committees a
report that specifies, on a country-by-country basis, each
foreign-assistance related program carried out by the
Department of Defense during the prior fiscal year under the
authorities described in subsection (b).
(b) Matters To Be Included.--The report required under
subsection (a) shall include--
(1) a description of the dollar amount, type of
support, and purpose of each foreign-assistance related
program carried out by the Department of Defense
under--
(A) section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3456), relating to
authority to build the capacity of foreign
military forces;
(B) section 1207 of the National Defense
Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3458), relating to
authority to provide security and stabilization
assistance to foreign countries;
(C) section 1208 of the National Defense
Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3459), relating to
authority to reimburse certain coalition
nations for support provided to United States
military operations;
(D) section 1033 of the National Defense
Authorization Act for Fiscal Year 1998 (Public
Law 105-85; 111 Stat. 1881), relating to
authority to provide additional support for
counter-drug activities of Peru and Colombia;
(E) section 1004 of the National Defense
Authorization Act for Fiscal Year 1991 (Public
Law 101-510; 10 U.S.C. 374 note), relating to
additional support for counter-drug activities;
(F) section 127d of title 10, United States
Code, relating to authority to provide logistic
support, supplies, and services to allied
forces participating in a combined operation
with the Armed Forces;
(G) section 2249c of title 10, United
States Code, relating to authority to use
appropriated funds for costs associated with
education and training of foreign officials
under the Regional Defense Combating Terrorism
Fellowship Program; and
(H) section 2561 of title 10, United States
Code, relating to authority to provide
humanitarian assistance; and
(2) a description of each foreign-assistance
related program that the Department of Defense
undertakes or implements on behalf of any other
department or agency of the United States Government,
including programs under the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) and the Arms Export
Control Act (22 U.S.C. 2751 et seq.).
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Appropriations, the Committee
on Armed Services, and the Committee on Foreign Affairs
of the House of Representatives; and
(2) the Committee on Appropriations, the Committee
on Armed Services, and the Committee on Foreign
Relations of the Senate.
SEC. 1210. EXTENSION AND ENHANCEMENT OF AUTHORITY FOR SECURITY AND
STABILIZATION ASSISTANCE.
(a) Program for Assistance.--Section 1207 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 119 Stat. 3458) is amended--
(1) by redesignating subsections (d), (e), and (f)
as subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the
following:
``(d) Formulation and Implementation of Program for
Assistance.--The Secretary of State shall coordinate with the
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).''.
(b) One-Year Extension.--Subsection (g) of such section, as
redesignated by subsection (a) of this section, is amended by
striking ``September 30, 2007'' and inserting ``September 30,
2008''.
SEC. 1211. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON GLOBAL PEACE
OPERATIONS INITIATIVE.
(a) Report Required.--Not later than June 1, 2008, the
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.
(b) Content.--The report required under subsection (a)
shall include the following:
(1) An assessment of whether, and to what extent,
the Global Peace Operations Initiative has met the
goals set by the President at the inception of the
program in 2004.
(2) Which goals, if any, remain unfulfilled.
(3) A description of activities conducted by each
member state of the Group of Eight (G-8), including the
approximate cost of the activities, and the approximate
percentage of the total monetary value of the
activities conducted by each G-8 member, including the
United States, as well as efforts by the President to
seek contributions or participation by other G-8
members.
(4) A description of any activities conducted by
non-G-8 members, or other organizations and
institutions, as well as any efforts by the President
to solicit contributions or participation.
(5) A description of the extent to which the Global
Peace Operations Initiative has had global
participation.
(6) A description of the administration of the
program by the Department of State and Department of
Defense, including--
(A) whether each Department should
concentrate administration in one office or
bureau, and if so, which one;
(B) the extent to which the two Departments
coordinate and the quality of their
coordination; and
(C) the extent to which contractors are
used and an assessment of the quality and
timeliness of the results achieved by the
contractors, and whether the United States
Government might have achieved similar or
better results without contracting out
functions.
(7) A description of the metrics, if any, that are
used by the President and the G-8 to measure progress
in implementation of the Global Peace Operations
Initiative, including--
(A) assessments of the quality and
sustainability of the training of individual
soldiers and units;
(B) the extent to which the G-8 and
participating countries maintain records or
databases of trained individuals and units and
conduct inspections to measure and monitor the
continued readiness of such individuals and
units;
(C) the extent to which the individuals and
units are equipped and remain equipped to
deploy in peace operations; and
(D) the extent to which, the timeline by
which, and how individuals and units can be
mobilized for peace operations.
(8) The extent to which, the timeline by which, and
how individuals and units can be and are being deployed
to peace operations.
(9) An assessment of whether individuals and units
trained under the Global Peace Operations Initiative
have been utilized in peace operations subsequent to
receiving training under the Initiative, whether they
will be deployed to upcoming 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.
(10) Recommendations as to whether participation in
the Global Peace Operations Initiative should require
reciprocal participation by countries in peace
operations.
(11) Any additional measures that could be taken to
enhance the effectiveness of the Global Peace
Operations Initiative in terms of--
(A) achieving its stated goals; and
(B) ensuring that individuals and units
trained as part of the Initiative are regularly
participating in peace operations.
(c) Form.--To the maximum extent practicable, the report
required under subsection (a) shall be submitted in
unclassified form, but may include a classified annex, if
necessary.
SEC. 1212. REPEAL OF LIMITATIONS ON MILITARY ASSISTANCE UNDER THE
AMERICAN SERVICEMEMBERS' PROTECTION ACT OF 2002.
(a) Repeal of Limitations.--Section 2007 of the American
Servicemembers' Protection Act of 2002 (22 U.S.C. 7426) is
repealed.
(b) Conforming Amendments.--Such Act is further amended--
(1) in section 2003 (22 U.S.C. 7422)--
(A) in subsection (a)--
(i) in the heading, by striking
``SECTIONS 5 AND 7'' and inserting
``SECTION 2005''; and
(ii) by striking ``sections 2005
and 2007'' and inserting ``section
2005'';
(B) in subsection (b)--
(i) in the heading, by striking
``SECTIONS 5 AND 7'' and inserting
``SECTION 2005''; and
(ii) by striking ``sections 2005
and 2007'' and inserting ``section
2005'';
(C) in subsection (c)(2)(A), by striking
``sections 2005 and 2007'' and inserting
``section 2005'';
(D) in subsection (d), by striking
``sections 2005 and 2007'' and inserting
``section 2005''; and
(E) in subsection (e), by striking ``2006,
and 2007'' and inserting ``and 2006''; and
(2) in section 2013 (22 U.S.C. 7432), by striking
paragraph (13).
Subtitle B--Matters Relating to Iraq and Afghanistan
SEC. 1221. MODIFICATION OF AUTHORITIES RELATING TO THE OFFICE OF THE
SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION.
(a) Purposes.--Subsection (a)(1) of section 3001 of the
Emergency Supplemental Appropriations Act for Defense and for
the Reconstruction of Iraq and Afghanistan, 2004 (Public Law
108-106; 117 Stat. 1234-1238; 5 U.S.C. App., note to section 8G
of Public Law 95-452) is amended by striking ``to the Iraq
Relief and Reconstruction Fund'' and inserting ``for the
reconstruction of Iraq''.
(b) Assistant Inspectors General.--Subsection (d)(1) of
such section is amended by striking ``the Iraq Relief and
Reconstruction Fund'' and inserting ``amounts appropriated or
otherwise made available for the reconstruction of Iraq''.
(c) Supervision.--Subsection (e)(2) of such section is
amended by striking ``the Iraq Relief and Reconstruction Fund''
and inserting ``amounts appropriated or otherwise made
available for the reconstruction of Iraq''.
(d) Duties.--Subsection (f)(1) of such section is amended
by striking ``to the Iraq Relief and Reconstruction Fund'' and
inserting ``for the reconstruction of Iraq''.
(e) Personnel, Facilities, and Other Resources.--Subsection
(h) of such section is amended--
(1) in paragraph (1), by inserting after ``pay
rates'' the following: ``, and may exercise the
authorities of subsections (b) through (i) of section
3161 of title 5, United States Code (without regard to
subsection (a) of such section)''; and
(2) in paragraph (3), by striking ``my enter'' and
inserting ``may enter''.
(f) Reports.--Subsection (i) of such section is amended by
striking ``to the Iraq Relief and Reconstruction Fund'' each
place it appears and inserting ``for the reconstruction of
Iraq''.
(g) Definitions.--Subsection (m) of such section is
amended--
(1) in the heading, by striking ``Appropriate
Committees of Congress Defined'' and inserting
``Definitions'';
(2) by striking ``In this section, the term'' and
inserting the following: ``In this section--
``(1) the term'';
(3) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(4) in paragraph (1)(B) (as redesignated by
paragraph (3) of this subsection), by striking ``and
International Relations'' and inserting ``Foreign
Affairs, and Oversight and Government Reform'';
(5) by striking the period at the end and inserting
``; and''; and
(6) by adding at the end the following:
``(2) the term `amounts appropriated or otherwise
made available for the reconstruction of Iraq' means
amounts appropriated or otherwise made available for
any fiscal year--
``(A) to the Iraq Relief and Reconstruction
Fund, the Iraq Security Forces Fund, and the
Commanders' Emergency Response Program
authorized under section 1202 of the National
Defense Authorization for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3455-3456); or
``(B) for assistance for the reconstruction
of Iraq under--
``(i) the Economic Support Fund
authorized under chapter 4 of part II
of the Foreign Assistance Act of 1961
(22 U.S.C. 2346 et seq.);
``(ii) the International Narcotics
Control and Law Enforcement account
authorized under section 481 of the
Foreign Assistance Act of 1961 (22
U.S.C. 2291); or
``(iii) any other provision of
law.''.
(h) Termination Date.--Subsection (o) of such section is
amended--
(1) in paragraph (1), to read as follows:
``(1) The Office of the Inspector General shall terminate
180 days after the date on which amounts appropriated or
otherwise made available for the reconstruction of Iraq that
are unexpended are less than $250,000,000.''; and
(2) in paragraph (2)--
(A) by striking ``funds deemed to be''; and
(B) by striking ``to the Iraq Relief and
Reconstruction Fund'' and inserting ``for the
reconstruction of Iraq''.
SEC. 1222. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN PURPOSES
RELATING TO IRAQ.
No funds appropriated pursuant to an authorization of
appropriations in this Act may be obligated or expended for a
purpose as follows:
(1) To establish any military installation or base
for the purpose of providing for the permanent
stationing of United States Armed Forces in Iraq.
(2) To exercise United States control of the oil
resources of Iraq.
SEC. 1223. REPORT ON UNITED STATES POLICY AND MILITARY OPERATIONS IN
IRAQ.
(a) Report.--
(1) In general.--Subsection (c) of section 1227 of
the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 119 Stat. 3465; 50 U.S.C.
1541 note) is amended--
(A) in paragraph (2), by striking ``Iraq.''
and inserting the following: ``Iraq,
including--
``(A) enacting a broadly-accepted
hydrocarbon law that equitably shares revenue
among all Iraqis;
``(B) adopting laws necessary for the
conduct of provincial and local elections,
taking steps to implement such laws, and
setting a schedule to conduct provincial and
local elections;
``(C) reforming current laws governing the
de-Baathification process in a manner that
encourages national reconciliation;
``(D) amending the Constitution of Iraq in
a manner that encourages national
reconciliation;
``(E) allocating and beginning expenditure
of $10 billion in Iraqi revenues for
reconstruction projects, including delivery of
essential services, and implementing such
reconstruction projects on an equitable basis;
and
``(F) making significant efforts to plan
and implement disarmament, demobilization, and
reintegration programs relating to Iraqi
militias.'';
(B) by striking paragraph (3) and inserting
the following:
``(3) A detailed description of the Joint Campaign
Plan, or any subsequent revisions, updates, or
documents that replace or supersede the Joint Campaign
Plan, including goals, phases, or other milestones
contained in the Joint Campaign Plan. Specifically, the
description shall include the following:
``(A) An explanation of conditions required
to move though phases of the Joint Campaign
Plan, in particular those conditions that must
be met in order to provide for the transition
of additional security responsibility to the
Iraqi Security Forces, and the measurements
used to determine progress.
``(B) An assessment of which conditions in
the Joint Campaign Plan have been achieved and
which conditions have not been achieved. The
assessment of those conditions that have not
been achieved shall include a discussion of the
factors that have precluded progress.
``(C) A description of any companion or
equivalent plan of the Government of Iraq used
to measure progress for Iraqi Security Forces
undertaking joint operations with Coalition
Forces.''; and
(C) by adding at the end the following:
``(7) An assessment of the levels of United States
Armed Forces required in Iraq for the six-month period
following the date of the report, the missions to be
undertaken by the Armed Forces in Iraq for such period,
and the incremental costs or savings of any proposed
changes to such levels or missions.
``(8) A description of the range of conditions that
could prompt changes to the levels of United States
Armed Forces required in Iraq for the six-month period
following the date of the report or the missions to be
undertaken by the Armed Forces in Iraq for such period,
including the status of planning for such changes to
the levels or missions of the Armed Forces in Iraq.''.
(2) Effective date.--The amendments made by
paragraph (1) shall apply with respect to each report
required to be submitted to Congress under section
1227(c) of the National Defense Authorization Act for
Fiscal Year 2006 on or after the date of the enactment
of this Act.
(b) Congressional Briefings Required.--Such section is
further amended by adding at the end the following:
``(d) Congressional Briefings Required.--Not later than 30
days after the submission of the first report under subsection
(c) on or after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2008, the Secretary
of Defense and the Chairman of the Joint Chiefs of Staff shall
meet with the congressional defense committees to brief such
committees on the matters described in paragraphs (7) and (8)
of subsection (c) contained in the report. Not later than 30
days after the submission of each subsequent report under
subsection (c), appropriate senior officials of the Department
of Defense shall meet with the congressional defense committees
to brief such committees on the matters described in paragraphs
(7) and (8) of subsection (c) contained in the report.''.
SEC. 1224. REPORT ON A COMPREHENSIVE SET OF PERFORMANCE INDICATORS AND
MEASURES FOR PROGRESS TOWARD MILITARY AND POLITICAL
STABILITY IN IRAQ.
(a) Report.--Section 9010(c) of the Department of Defense
Appropriations Act, 2007 (division A of Public Law 109-289; 120
Stat. 1307) is amended--
(1) in paragraph (1)(B)--
(A) by striking ``and trends'' and
inserting ``trends''; and
(B) by adding at the end before the period
the following: ``, and progress made in the
transition of responsibility for the security
of Iraqi provinces to the Iraqi Security Forces
under the Provincial Iraqi Control (PIC)
process''; and
(2) in paragraph (2)--
(A) in subparagraph (C)(i), by adding at
the end before the semicolon the following: ``,
without any support from Coalition Forces'';
(B) by redesignating subparagraphs (D)
through (J) as subparagraphs (F) through (L),
respectively;
(C) by inserting after subparagraph (C) the
following:
``(D) The amount and type of support
provided by Coalition Forces to the Iraqi
Security Forces at each level of operational
readiness.
``(E) The number of Iraqi battalions in the
Iraqi Army currently conducting operations and
the type of operations being conducted.'';
(D) by redesignating subparagraphs (H)
through (L) (as redesignated by subparagraph
(B) of this paragraph) as subparagraphs (I)
through (M), respectively;
(E) by inserting after subparagraph (G) (as
redesignated by subparagraph (B) of this
paragraph) the following:
``(H) The level and effectiveness of the
Iraqi Security Forces under the Ministry of
Defense in provinces where the United States
has formally transferred responsibility for the
security of the province to the Iraqi Security
Forces under the Provincial Iraqi Control (PIC)
process.''; and
(F) in subparagraph (I) (as redesignated by
subparagraphs (B) and (D) of this paragraph)--
(i) in clause (iv), by striking
``and'' at the end;
(ii) in clause (v), by striking the
period at the end and inserting ``;
and''; and
(iii) by adding at the end the
following:
``(vi) the level and effectiveness
of the Iraqi Police and other Ministry
of Interior Forces in provinces where
the United States has formally
transferred responsibility for the
security of the province to the Iraqi
Security Forces under the Provincial
Iraqi Control (PIC) process.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to each report required to be
submitted to Congress under section 9010 of the Department of
Defense Appropriations Act, 2007 on or after the date of the
enactment of this Act.
SEC. 1225. REPORT ON SUPPORT FROM IRAN FOR ATTACKS AGAINST COALITION
FORCES IN IRAQ.
(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act, and every 180 days thereafter,
the Secretary of Defense, in coordination with the Director of
National Intelligence, shall submit to the congressional
defense committees a report describing and assessing in
detail--
(1) any support or direction provided to anti-
coalition forces in Iraq by the Government of Iran or
its agents;
(2) the strategy and ambitions in Iraq of the
Government of Iran; and
(3) any strategy or efforts by the United States
Government to counter the activities of agents of the
Government of Iran in Iraq.
(b) Form.--Each report required under subsection (a) shall
be submitted in unclassified form, to the maximum extent
practicable, but may contain a classified annex, if necessary.
(c) Termination.--The requirement to submit reports under
subsection (a) shall terminate on the date on which the
Secretary of Defense, in coordination with the Director of
National Intelligence, submits to the congressional defense
committees a certification in writing that the Government of
Iran has ceased to provide military support to anti-coalition
forces that conduct attacks against coalition forces in Iraq.
(d) Rule of Construction.--Nothing in this section shall be
construed to authorize or otherwise speak to the use of the
Armed Forces against Iran.
SEC. 1226. SENSE OF CONGRESS ON THE CONSEQUENCES OF A FAILED STATE IN
IRAQ.
It is the sense of Congress that--
(1) a failed state in Iraq will have a negative
impact on the Middle East and United States interests
in the region; and
(2) the United States should pursue strategies to
prevent a failed state in Iraq or to contain the
negative effects of a failed state in Iraq.
SEC. 1227. SENSE OF CONGRESS ON FEDERALISM IN IRAQ.
It is the sense of Congress that--
(1) policies supported by the United States in the
pursuit of a political settlement in Iraq should be
consistent with the wishes of the Iraqi people and
should not violate the sovereignty of the nation of
Iraq;
(2) if the Iraqi people support a political
settlement in Iraq based on the final provisions of the
Constitution of Iraq that create a federal system of
government and allow for the creation of federal
regions, consistent with the wishes of the Iraqi people
and their elected leaders, the United States should
actively support such a political settlement in Iraq;
(3) the active support referred to in paragraph (2)
should include--
(A) calling on the international community,
including countries with troops in Iraq, the
permanent 5 members of the United Nations
Security Council, members of the Gulf
Cooperation Council, and Iraq's neighbors--
(i) to support an Iraqi political
settlement based on federalism;
(ii) to acknowledge the sovereignty
and territorial integrity of Iraq; and
(iii) to fulfill commitments for
the urgent delivery of significant
assistance and debt relief to Iraq,
especially those made by the member
states of the Gulf Cooperation Council;
and
(B) convening a conference for Iraqis to
reach an agreement on a comprehensive political
settlement based on the federalism law approved
by the Iraqi Parliament on October 11, 2006;
(4) the United States should urge the Government of
Iraq to quickly agree upon and implement a law
providing for the equitable distribution of oil
revenues, which is a critical component of a
comprehensive political settlement in Iraq, including a
potential settlement based upon federalism;
(5) the steps described in paragraphs (2), (3), and
(4) could lead to an Iraq that is stable, not a haven
for terrorists, and not a threat to its neighbors;
(6) in pursuit of a political settlement in Iraq,
whether based on federalism or not, the United States
should call on Iraq's neighbors to pledge not to
militarily intervene in or destabilize Iraq; and
(7) nothing in this Act should be construed in any
way to infringe on the sovereign rights of the nation
of Iraq or to imply that the United States wishes to
impose a political settlement in Iraq based on
federalism if such a political settlement is contrary
to the wishes of the Iraqi people.
SEC. 1228. TRACKING AND MONITORING OF DEFENSE ARTICLES PROVIDED TO THE
GOVERNMENT OF IRAQ AND OTHER INDIVIDUALS AND GROUPS
IN IRAQ.
(a) Export and Transfer Control Policy.--The President
shall implement a policy to control the export and transfer of
defense articles into Iraq, including implementation of the
registration and monitoring system under subsection (c).
(b) Requirement To Implement Control System.--No defense
articles may be provided to the Government of Iraq or any other
group, organization, citizen, or resident of Iraq until the
President certifies to the specified congressional committees
that a registration and monitoring system meeting the
requirements set forth in subsection (c) has been established.
(c) Registration and Monitoring System.--The registration
and monitoring system required under this subsection shall
include--
(1) the registration of the serial numbers of all
small arms to be provided to the Government of Iraq or
to other groups, organizations, citizens, or residents
of Iraq;
(2) a program of end-use monitoring of all lethal
defense articles provided to such entities or
individuals; and
(3) a detailed record of the origin, shipping, and
distribution of all defense articles transferred under
the Iraq Security Forces Fund or any other security
assistance program to such entities or individuals.
(d) Review; Exemption.--
(1) Review.--The President shall periodically
review the items subject to the registration and
monitoring requirements under subsection (c) to
determine what items, if any, should no longer be
subject to such registration and monitoring
requirements. The President shall transmit to the
specified congressional committees the results of each
review conducted under this paragraph.
(2) Exemption.--The President may exempt an item
from the registration and monitoring requirements under
subsection (c) beginning on the date that is 30 days
after the date on which the President provides notice
of the proposed exemption to the specified
congressional committees in accordance with the
procedures applicable to reprogramming notifications
under section 634A(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2394-1(a)). Such notice shall describe
any controls to be imposed on such item under any other
provision of law.
(e) Definitions.--In this section:
(1) Defense article.--The term ``defense article''
has the meaning given the term in section 644(d) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2403(d)).
(2) Small arms.--The term ``small arms'' means--
(A) handguns;
(B) shoulder-fired weapons;
(C) light automatic weapons up to and
including .50 caliber machine guns;
(D) recoilless rifles up to and including
106mm;
(E) mortars up to and including 81mm;
(F) rocket launchers, man-portable;
(G) grenade launchers, rifle and shoulder
fired; and
(H) individually-operated weapons which are
portable or can be fired without special mounts
or firing devices and which have potential use
in civil disturbances and are vulnerable to
theft.
(3) Specified congressional committees.--The term
``specified congressional committees'' means--
(A) the Committee on Foreign Affairs and
the Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Armed Services, and the Committee
on Banking, Housing, and Urban Affairs of the
Senate.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph
(2), this section shall take effect 180 days after the
date of the enactment of this Act.
(2) Exception.--The President may delay the
effective date of this section by an additional period
of up to 90 days if the President certifies in writing
to the specified congressional committees for such
additional period that it is in the vital interest of
the United States to do so and includes in the
certification a description of such vital interest.
SEC. 1229. SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION.
(a) Purposes.--The purposes of this section are as follows:
(1) To provide for the independent and objective
conduct and supervision of audits and investigations
relating to the programs and operations funded with
amounts appropriated or otherwise made available for
the reconstruction of Afghanistan.
(2) To provide for the independent and objective
leadership and coordination of, and recommendations on,
policies designed to--
(A) promote economy efficiency, and
effectiveness in the administration of the
programs and operations described in paragraph
(1); and
(B) prevent and detect waste, fraud, and
abuse in such programs and operations.
(3) To provide for an independent and objective
means of keeping the Secretary of State and the
Secretary of Defense fully and currently informed about
problems and deficiencies relating to the
administration of such programs and operations and the
necessity for and progress on corrective action.
(b) Office of Inspector General.--There is hereby
established the Office of the Special Inspector General for
Afghanistan Reconstruction to carry out the purposes of
subsection (a).
(c) Appointment of Inspector General; Removal.--
(1) Appointment.--The head of the Office of the
Special Inspector General for Afghanistan
Reconstruction is the Special Inspector General for
Afghanistan Reconstruction (in this section referred to
as the ``Inspector General''), who shall be appointed
by the President. The President may appoint the Special
Inspector General for Iraq Reconstruction to serve as
the Special Inspector General for Afghanistan
Reconstruction, in which case the Special Inspector
General for Iraq Reconstruction shall have all of the
duties, responsibilities, and authorities set forth
under this section with respect to such appointed
position for the purpose of carrying out this section.
(2) Qualifications.--The appointment of the
Inspector General shall be made solely on the basis of
integrity and demonstrated ability in accounting,
auditing, financial analysis, law, management analysis,
public administration, or investigations.
(3) Deadline for appointment.--The appointment of
an individual as Inspector General shall be made not
later than 30 days after the date of the enactment of
this Act.
(4) Compensation.--The annual rate of basic pay of
the Inspector General shall be the annual rate of basic
pay provided for positions at level IV of the Executive
Schedule under section 5315 of title 5, United States
Code.
(5) Prohibition on political activities.--For
purposes of section 7324 of title 5, United States
Code, the Inspector General shall not be considered an
employee who determines policies to be pursued by the
United States in the nationwide administration of
Federal law.
(6) Removal.--The Inspector General shall be
removable from office in accordance with the provisions
of section 3(b) of the Inspector General Act of 1978 (5
U.S.C. App.).
(d) Assistant Inspectors General.--The Inspector General
shall, in accordance with applicable laws and regulations
governing the civil service--
(1) appoint an Assistant Inspector General for
Auditing who shall have the responsibility for
supervising the performance of auditing activities
relating to programs and operations supported by
amounts appropriated or otherwise made available for
the reconstruction of Afghanistan; and
(2) appoint an Assistant Inspector General for
Investigations who shall have the responsibility for
supervising the performance of investigative activities
relating to such programs and operations.
(e) Supervision.--
(1) In general.--Except as provided in paragraph
(2), the Inspector General shall report directly to,
and be under the general supervision of, the Secretary
of State and the Secretary of Defense.
(2) Independence to conduct investigations and
audits.--No officer of the Department of Defense, the
Department of State, or the United States Agency for
International Development shall prevent or prohibit the
Inspector General from initiating, carrying out, or
completing any audit or investigation related to
amounts appropriated or otherwise made available for
the reconstruction of Afghanistan or from issuing any
subpoena during the course of any such audit or
investigation.
(f) Duties.--
(1) Oversight of afghanistan reconstruction.--It
shall be the duty of the Inspector General to conduct,
supervise, and coordinate audits and investigations of
the treatment, handling, and expenditure of amounts
appropriated or otherwise made available for the
reconstruction of Afghanistan, and of the programs,
operations, and contracts carried out utilizing such
funds, including--
(A) the oversight and accounting of the
obligation and expenditure of such funds;
(B) the monitoring and review of
reconstruction activities funded by such funds;
(C) the monitoring and review of contracts
funded by such funds;
(D) the monitoring and review of the
transfer of such funds and associated
information between and among departments,
agencies, and entities of the United States and
private and nongovernmental entities;
(E) the maintenance of records on the use
of such funds to facilitate future audits and
investigations of the use of such fund;
(F) the monitoring and review of the
effectiveness of United States coordination
with the Government of Afghanistan and other
donor countries in the implementation of the
Afghanistan Compact and the Afghanistan
National Development Strategy; and
(G) the investigation of overpayments such
as duplicate payments or duplicate billing and
any potential unethical or illegal actions of
Federal employees, contractors, or affiliated
entities and the referral of such reports, as
necessary, to the Department of Justice to
ensure further investigations, prosecutions,
recovery of further funds, or other remedies.
(2) Other duties related to oversight.--The
Inspector General shall establish, maintain, and
oversee such systems, procedures, and controls as the
Inspector General considers appropriate to discharge
the duties under paragraph (1).
(3) Duties and responsibilities under inspector
general act of 1978.--In addition to the duties
specified in paragraphs (1) and (2), the Inspector
General shall also have the duties and responsibilities
of inspectors general under the Inspector General Act
of 1978.
(4) Coordination of efforts.--In carrying out the
duties, responsibilities, and authorities of the
Inspector General under this section, the Inspector
General shall coordinate with, and receive the
cooperation of each of the following:
(A) The Inspector General of the Department
of Defense.
(B) The Inspector General of the Department
of State.
(C) The Inspector General of the United
States Agency for International Development.
(g) Powers and Authorities.--
(1) Authorities under inspector general act of
1978.--In carrying out the duties specified in
subsection (f), the Inspector General shall have the
authorities provided in section 6 of the Inspector
General Act of 1978, including the authorities under
subsection (e) of such section.
(2) Audit standards.--The Inspector General shall
carry out the duties specified in subsection (f)(1) in
accordance with section 4(b)(1) of the Inspector
General Act of 1978.
(h) Personnel, Facilities, and Other Resources.--
(1) Personnel.--The Inspector General may select,
appoint, and employ such officers and employees as may
be necessary for carrying out the duties of the
Inspector General, subject to the provisions of title
5, United States Code, governing appointments in the
competitive service, and the provisions of chapter 51
and subchapter III of chapter 53 of such title,
relating to classification and General Schedule pay
rates.
(2) Employment of experts and consultants.--The
Inspector General may obtain services as authorized by
section 3109 of title 5, United States Code, at daily
rates not to exceed the equivalent rate prescribed for
grade GS-15 of the General Schedule by section 5332 of
such title.
(3) Contracting authority.--To the extent and in
such amounts as may be provided in advance by
appropriations Acts, the Inspector General may enter
into contracts and other arrangements for audits,
studies, analyses, and other services with public
agencies and with private persons, and make such
payments as may be necessary to carry out the duties of
the Inspector General.
(4) Resources.--The Secretary of State or the
Secretary of Defense, as appropriate, shall provide the
Inspector General with appropriate and adequate office
space at appropriate locations of the Department of
State or the Department of Defense, as the case may be,
in Afghanistan, together with such equipment, office
supplies, and communications facilities and services as
may be necessary for the operation of such offices, and
shall provide necessary maintenance services for such
offices and the equipment and facilities located
therein.
(5) Assistance from federal agencies.--
(A) In general.--Upon request of the
Inspector General for information or assistance
from any department, agency, or other entity of
the Federal Government, the head of such entity
shall, insofar as is practicable and not in
contravention of any existing law, furnish such
information or assistance to the Inspector
General, or an authorized designee.
(B) Reporting of refused assistance.--
Whenever information or assistance requested by
the Inspector General is, in the judgment of
the Inspector General, unreasonably refused or
not provided, the Inspector General shall
report the circumstances to the Secretary of
State or the Secretary of Defense, as
appropriate, and to the appropriate
congressional committees without delay.
(6) Use of personnel, facilities, and other
resources of the office of the special inspector
general for iraq reconstruction.--Upon the request of
the Inspector General, the Special Inspector General
for Iraq Reconstruction--
(A) may detail, on a reimbursable basis,
any of the personnel of the Office of the
Special Inspector General for Iraq
Reconstruction to the Office of the Inspector
General for Afghanistan Reconstruction for the
purpose of carrying out this section; and
(B) may provide, on a reimbursable basis,
any of the facilities or other resources of the
Office of the Special Inspector General for
Iraq Reconstruction to the Office of the
Inspector General for Afghanistan
Reconstruction for the purpose of carrying out
this section.
(i) Reports.--
(1) Quarterly reports.--Not later than 30 days
after the end of each fiscal-year quarter, the
Inspector General shall submit to the appropriate
congressional committees a report summarizing, for the
period of that quarter and, to the extent possible, the
period from the end of such quarter to the time of the
submission of the report, the activities during such
period of the Inspector General and the activities
under programs and operations funded with amounts
appropriated or otherwise made available for the
reconstruction of Afghanistan. Each report shall
include, for the period covered by such report, a
detailed statement of all obligations, expenditures,
and revenues associated with reconstruction and
rehabilitation activities in Afghanistan, including the
following:
(A) Obligations and expenditures of
appropriated funds.
(B) A project-by-project and program-by-
program accounting of the costs incurred to
date for the reconstruction of Afghanistan,
together with the estimate of the Department of
Defense, the Department of State, and the
United State Agency for International
Development, as applicable, of the costs to
complete each project and each program.
(C) Revenues attributable to or consisting
of funds provided by foreign nations or
international organizations to programs and
projects funded by any department or agency of
the United States Government, and any
obligations or expenditures of such revenues.
(D) Revenues attributable to or consisting
of foreign assets seized or frozen that
contribute to programs and projects funded by
any department or agency of the United States
Government, and any obligations or expenditures
of such revenues.
(E) Operating expenses of agencies or
entities receiving amounts appropriated or
otherwise made available for the reconstruction
of Afghanistan.
(F) In the case of any contract, grant,
agreement, or other funding mechanism described
in paragraph (2)--
(i) the amount of the contract,
grant, agreement, or other funding
mechanism;
(ii) a brief discussion of the
scope of the contract, grant,
agreement, or other funding mechanism;
(iii) a discussion of how the
department or agency of the United
States Government involved in the
contract, grant, agreement, or other
funding mechanism identified, and
solicited offers from, potential
individuals or entities to perform the
contract, grant, agreement, or other
funding mechanism, together with a list
of the potential individuals or
entities that were issued solicitations
for the offers; and
(iv) the justification and approval
documents on which was based the
determination to use procedures other
than procedures that provide for full
and open competition.
(2) Covered contracts, grants, agreements, and
funding mechanisms.--A contract, grant, agreement, or
other funding mechanism described in this paragraph is
any major contract, grant, agreement, or other funding
mechanism that is entered into by any department or
agency of the United States Government that involves
the use of amounts appropriated or otherwise made
available for the reconstruction of Afghanistan with
any public or private sector entity for any of the
following purposes:
(A) To build or rebuild physical
infrastructure of Afghanistan.
(B) To establish or reestablish a political
or societal institution of Afghanistan.
(C) To provide products or services to the
people of Afghanistan.
(3) Public availability.--The Inspector General
shall publish on a publically-available Internet
website each report under paragraph (1) of this
subsection in English and other languages that the
Inspector General determines are widely used and
understood in Afghanistan.
(4) Form.--Each report required under this
subsection shall be submitted in unclassified form, but
may include a classified annex if the Inspector General
considers it necessary.
(5) Rule of construction.--Nothing in this
subsection shall be construed to authorize the public
disclosure of information that is--
(A) specifically prohibited from disclosure
by any other provision of law;
(B) specifically required by Executive
order to be protected from disclosure in the
interest of national defense or national
security or in the conduct of foreign affairs;
or
(C) a part of an ongoing criminal
investigation.
(j) Report Coordination.--
(1) Submission to secretaries of state and
defense.--The Inspector General shall also submit each
report required under subsection (i) to the Secretary
of State and the Secretary of Defense.
(2) Submission to congress.--Not later than 30 days
after receipt of a report under paragraph (1), the
Secretary of State or the Secretary of Defense may
submit to the appropriate congressional committees any
comments on the matters covered by the report as the
Secretary of State or the Secretary of Defense, as the
case may be, considers appropriate. Any comments on the
matters covered by the report shall be submitted in
unclassified form, but may include a classified annex
if the Secretary of State or the Secretary of Defense,
as the case may be, considers it necessary.
(k) Transparency.--
(1) Report.--Not later than 60 days after
submission to the appropriate congressional committees
of a report under subsection (i), the Secretary of
State and the Secretary of Defense shall jointly make
copies of the report available to the public upon
request, and at a reasonable cost.
(2) Comments on matters covered by report.--Not
later than 60 days after submission to the appropriate
congressional committees under subsection (j)(2) of
comments on a report under subsection (i), the
Secretary of State and the Secretary of Defense shall
jointly make copies of the comments available to the
public upon request, and at a reasonable cost.
(l) Waiver.--
(1) Authority.--The President may waive the
requirement under paragraph (1) or (2) of subsection
(k) with respect to availability to the public of any
element in a report under subsection (i), or any
comment under subsection (j)(2), if the President
determines that the waiver is justified for national
security reasons.
(2) Notice of waiver.--The President shall publish
a notice of each waiver made under this subsection in
the Federal Register no later than the date on which a
report required under subsection (i), or any comment
under subsection (j)(2), is submitted to the
appropriate congressional committees. The report and
comments shall specify whether waivers under this
subsection were made and with respect to which elements
in the report or which comments, as appropriate.
(m) Definitions.--In this section:
(1) Amounts appropriated or otherwise made
available for the reconstruction of afghanistan.--The
term ``amounts appropriated or otherwise made available
for the reconstruction of Afghanistan'' means--
(A) amounts appropriated or otherwise made
available for any fiscal year--
(i) to the Afghanistan Security
Forces Fund; or
(ii) to the program to assist the
people of Afghanistan established under
subsection (a)(2) of section 1202 of
the National Defense Authorization for
Fiscal Year 2006 (Public Law 109-163;
119 Stat. 3455-3456); and
(B) amounts appropriated or otherwise made
available for any fiscal year for the
reconstruction of Afghanistan under--
(i) the Economic Support Fund;
(ii) the International Narcotics
Control and Law Enforcement account; or
(iii) any other provision of law.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committees on Appropriations, Armed
Services, and Foreign Relations of the Senate;
and
(B) the Committees on Appropriations, Armed
Services, and Foreign Affairs of the House of
Representatives.
(n) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated $20,000,000 for fiscal year 2008 to carry
out this section.
(2) Offset.--The amount authorized to be
appropriated by section 1513 for the Afghanistan
Security Forces Fund is hereby reduced by $20,000,000.
(o) Termination.--
(1) In general.--The Office of the Special
Inspector General for Afghanistan Reconstruction shall
terminate 180 days after the date on which amounts
appropriated or otherwise made available for the
reconstruction of Afghanistan that are unexpended are
less than $250,000,000.
(2) Final report.--The Inspector General shall,
prior to the termination of the Office of the Special
Inspector General for Afghanistan Reconstruction under
paragraph (1), prepare and submit to the appropriate
congressional committees a final forensic audit report
on programs and operations funded with amounts
appropriated or otherwise made available for the
reconstruction of Afghanistan.
SEC. 1230. REPORT ON PROGRESS TOWARD SECURITY AND STABILITY IN
AFGHANISTAN.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, and every 180 days thereafter
through the end of fiscal year 2010, the President, acting
through the Secretary of Defense, shall submit to the
appropriate congressional committees a report on progress
toward security and stability in Afghanistan.
(b) Coordination.--The report required under subsection (a)
shall be prepared in coordination with the Secretary of State,
the Director of National Intelligence, the Attorney General,
the Administrator of the Drug Enforcement Administration, the
Administrator of the United States Agency for International
Development, the Secretary of Agriculture, and the head of any
other department or agency of the Government of the United
States involved with activities relating to security and
stability in Afghanistan.
(c) Matters To Be Included: Strategic Direction of United
States Activities Relating to Security and Stability in
Afghanistan.--The report required under subsection (a) shall
include a description of a comprehensive strategy of the United
States for security and stability in Afghanistan. The
description of such strategy shall consist of a general
overview and a separate detailed section for each of the
following:
(1) North atlantic treaty organization
international security assistance force.--A description
of the following:
(A) Efforts of the United States to work
with countries participating in the North
Atlantic Treaty Organization (NATO)
International Security Assistance Force (ISAF)
in Afghanistan (hereafter in this section
referred to as ``NATO ISAF countries'').
(B) Any actions by the United States to
achieve the following goals relating to
strengthening the NATO ISAF, and the results of
such actions:
(i) Encourage NATO ISAF countries
to fulfill commitments to the NATO ISAF
mission in Afghanistan, and ensure
adequate contributions to efforts to
build the capacity of the Afghanistan
National Security Forces (ANSF),
counter-narcotics efforts, and
reconstruction and development
activities in Afghanistan.
(ii) Remove national caveats on the
use of forces deployed as part of the
NATO ISAF.
(iii) Reduce the number of civilian
casualties resulting from military
operations of NATO ISAF countries and
mitigate the impact of such casualties
on the Afghan people.
(2) Afghanistan national security forces.--A
description of the following:
(A) A comprehensive and effective long-term
strategy and budget, with defined objectives,
for activities relating to strengthening the
resources, capabilities, and effectiveness of
the Afghanistan National Army (ANA) and the
Afghanistan National Police (ANP) of the ANSF,
with the goal of ensuring that a strong and
fully-capable ANSF is able to independently and
effectively conduct operations and maintain
security and stability in Afghanistan.
(B) Any actions by the United States to
achieve the following goals relating to
building the capacity of the ANSF, and the
results of such actions:
(i) Improve coordination with all
relevant departments and agencies of
the Government of the United States, as
well as NATO ISAF countries and other
international partners.
(ii) Improve ANSF recruitment and
retention, including through improved
vetting and salaries for the ANSF.
(iii) Increase and improve ANSF
training and mentoring.
(iv) Strengthen the partnership
between the Government of the United
States and the Government of
Afghanistan.
(3) Provincial reconstruction teams and other
reconstruction and development activities.--A
description of the following:
(A) A comprehensive and effective long-term
strategy and budget, with defined objectives,
for reconstruction and development in
Afghanistan, including a long-term strategy
with a mission and objectives for each United
States-led Provincial Reconstruction Team (PRT)
in Afghanistan.
(B) Any actions by the United States to
achieve the following goals with respect to
reconstruction and development in Afghanistan,
and the results of such actions:
(i) Improve coordination with all
relevant departments and agencies of
the Government of the United States, as
well as NATO ISAF countries and other
international partners.
(ii) Clarify the chain of command,
and operations plans for United States-
led PRTs that are appropriate to meet
the needs of the relevant local
communities.
(iii) Promote coordination among
PRTs.
(iv) Ensure that each PRT is
adequately staffed, particularly with
civilian specialists, and that such
staff receive appropriate training.
(v) Expand the ability of the
Afghan people to assume greater
responsibility for their own
reconstruction and development
projects.
(vi) Strengthen the partnership
between the Government of the United
States and Government of Afghanistan.
(vii) Ensure proper reconstruction
and development oversight activities,
including implementation, where
appropriate, of recommendations of any
United States inspectors general,
including the Special Inspector General
for Afghanistan Reconstruction
appointed pursuant to section 1229.
(4) Counter-narcotics activities.--A description of
the following:
(A) A comprehensive and effective long-term
strategy and budget, with defined objectives,
for the activities of the Department of Defense
relating to counter-narcotics efforts in
Afghanistan, including--
(i) roles and missions of the
Department of Defense within the
overall counter-narcotics strategy for
Afghanistan of the Government of the
United States, including a statement of
priorities;
(ii) a detailed, comprehensive, and
effective strategy with defined one-
year, three-year, and five-year
objectives and a description of the
accompanying allocation of resources of
the Department of Defense to accomplish
such objectives;
(iii) in furtherance of the
strategy described in clause (i),
actions that the Department of Defense
is taking and has planned to take to--
(I) improve coordination
within the Department of
Defense and with all relevant
departments and agencies of the
Government of the United
States;
(II) strengthen
significantly the Afghanistan
National Counter-narcotics
Police;
(III) build the capacity of
local and provincial
governments of Afghanistan and
the national Government of
Afghanistan to assume greater
responsibility for counter-
narcotics-related activities,
including interdiction; and
(IV) improve counter-
narcotics-related intelligence
capabilities and tactical use
of such capabilities by the
Department of Defense and other
appropriate departments and
agencies of the Government of
the United States; and
(iv) the impact, if any, including
the disadvantages and advantages, if
any, on the primary counter-terrorism
mission of the United States military
of providing enhanced logistical
support to departments and agencies of
the Government of the United States and
counter-narcotics partners of the
United States in their interdiction
efforts, including apprehending or
eliminating major drug traffickers in
Afghanistan.
(B) The counter-narcotics roles and
missions assumed by the local and provincial
governments of Afghanistan and the national
Government of Afghanistan, appropriate
departments and agencies of the Government of
the United States (other than the Department of
Defense), the NATO ISAF, and the governments of
other countries.
(C) The plan and efforts to coordinate the
counter-narcotics strategy and activities of
the Department of Defense with the counter-
narcotics strategy and activities of the
Government of Afghanistan, the NATO-led
interdiction and security forces, other
appropriate countries, and other counter-
narcotics partners of the United States, and
the results of such efforts.
(D) The progress made by the governments,
organizations, and entities specified in
subparagraph (B) in executing designated roles
and missions, and in coordinating and
implementing counternarcotics plans and
activities, and based on the results of this
progress whether, and to what extent, roles and
missions for the Department of Defense should
be altered in the future, or should remain
unaltered.
(5) Public corruption and rule of law.--A
description of any actions, and the results of such
actions, to help the Government of Afghanistan fight
public corruption and strengthen governance and the
rule of law at the local, provincial, and national
levels.
(6) Regional considerations.--A description of any
actions and the results of such actions to increase
cooperation with countries geographically located
around Afghanistan's border, with a particular focus on
improving security and stability in the Afghanistan-
Pakistan border areas.
(d) Matters to Be Included: Performance Indicators and
Measures of Progress Toward Sustainable Long-Term Security and
Stability in Afghanistan.--
(1) In general.--The report required under
subsection (a) shall set forth a comprehensive set of
performance indicators and measures of progress toward
sustainable long-term security and stability in
Afghanistan, as specified in paragraph (2), and shall
include performance standards and progress goals,
together with a notional timetable for achieving such
goals.
(2) Performance indicators and measures of progress
specified.--The performance indicators and measures of
progress specified in this paragraph shall include, at
a minimum, the following:
(A) With respect to the NATO ISAF, an
assessment of unfulfilled NATO ISAF mission
requirements and contributions from individual
NATO ISAF countries, including levels of troops
and equipment, the effect of contributions on
operations, and unfulfilled commitments.
(B) An assessment of military operations of
the NATO ISAF, including of NATO ISAF
countries, and an assessment of separate
military operations by United States forces.
Such assessments shall include--
(i) indicators of a stable security
environment in Afghanistan, such as
number of engagements per day, and
trends relating to the numbers and
types of hostile encounters; and
(ii) the effects of national
caveats that limit operations,
geographic location of operations, and
estimated number of civilian
casualties.
(C) For the Afghanistan National Army
(ANA), and separately for the Afghanistan
National Police (ANP), of the Afghanistan
National Security Forces (ANSF) an assessment
of the following:
(i) Recruitment and retention
numbers, rates of absenteeism, vetting
procedures, and salary scale.
(ii) Numbers trained, numbers
receiving mentoring, the type of
training and mentoring, and number of
trainers, mentors, and advisers needed
to support the ANA and ANP and
associated ministries.
(iii) Type of equipment used.
(iv) Operational readiness status
of ANSF units, including the type,
number, size and organizational
structure of ANA and ANP units that
are--
(I) capable of conducting
operations independently;
(II) capable of conducting
operations with the support of
the United States, NATO ISAF
forces, or other coalition
forces; or
(III) not ready to conduct
operations.
(v) Effectiveness of ANA and ANP
officers and the ANA and ANP chain of
command.
(vi) Extent to which insurgents
have infiltrated the ANA and ANP.
(vii) Estimated number and
capability level of the ANA and ANP
needed to perform duties now undertaken
by NATO ISAF countries, separate United
States forces and other coalition
forces, including defending the borders
of Afghanistan and providing adequate
levels of law and order throughout
Afghanistan.
(D) An assessment of the estimated strength
of the insurgency in Afghanistan and the extent
to which it is composed of non-Afghan fighters
and utilizing weapons or weapons-related
materials from countries other than
Afghanistan.
(E) A description of all terrorist and
insurgent groups operating in Afghanistan,
including the number, size, equipment strength,
military effectiveness, sources of support,
legal status, and any efforts to disarm or
reintegrate each such group.
(F) An assessment of security and
stability, including terrorist and insurgent
activity, in Afghanistan-Pakistan border areas
and in Pakistan's Federally Administered Tribal
Areas.
(G) An assessment of United States military
requirements, including planned force
rotations, for the twelve-month period
following the date of the report required under
subsection (a).
(H) For reconstruction and development, an
assessment of the following:
(i) The location, funding
(including the sources of funding),
staffing requirements, current staffing
levels, and activities of each United
States-led Provincial Reconstruction
Team.
(ii) Key indicators of economic
activity that should be considered the
most important for determining the
prospects of stability in Afghanistan,
including--
(I) the indicators set
forth in the Afghanistan
Compact, which consist of
roads, education, health,
agriculture and electricity;
and
(II) unemployment and
poverty levels.
(I) For counter-narcotics efforts, an
assessment of the activities of the Department
of Defense in Afghanistan, as described in
subsection (c)(4), and the effectiveness of
such activities.
(J) Key measures of political stability
relating to both central and local Afghan
governance.
(K) For public corruption and rule of law,
an assessment of anti-corruption and law
enforcement activities at the local,
provincial, and national levels and the
effectiveness of such activities.
(e) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a classified
annex, if necessary.
(f) Congressional Briefings.--The Secretary of Defense
shall supplement the report required under subsection (a) with
regular briefings to the appropriate congressional committees
on the subject matter of the report.
(g) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign Affairs
of the House of Representatives; and
(2) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign
Relations of the Senate.
SEC. 1231. UNITED STATES PLAN FOR SUSTAINING THE AFGHANISTAN NATIONAL
SECURITY FORCES.
(a) Plan Required.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter through
the end of fiscal year 2010, the Secretary of Defense shall
submit to the appropriate congressional committees a report on
a long-term detailed plan for sustaining the Afghanistan
National Army (ANA) and the Afghanistan National Police (ANP)
of the Afghanistan National Security Forces (ANSF), with the
objective of ensuring that a strong and fully-capable ANSF will
be able to independently and effectively conduct operations and
maintain long-term security and stability in Afghanistan.
(b) Coordination.--The report required under subsection (a)
shall be prepared in coordination with the Secretary of State.
(c) Matters to Be Included.--The report required under
subsection (a) shall include a description of the following
matters relating to the plan for sustaining the ANSF:
(1) A comprehensive and effective long-term
strategy and budget, with defined objectives.
(2) A mechanism for tracking funding, equipment,
training, and services provided for the ANSF by the
United States, countries participating in the North
Atlantic Treaty Organization (NATO) International
Security Assistance Force (ISAF) in Afghanistan
(hereafter in this section referred to as ``NATO ISAF
countries''), and other coalition forces that are not
part of the NATO ISAF.
(3) Any actions to assist the Government of
Afghanistan achieve the following goals, and the
results of such actions:
(A) Build and sustain effective Afghan
security institutions with fully-capable
leadership and staff, including a reformed
Ministry of Interior, a fully-established
Ministry of Defense, and logistics,
intelligence, medical, and recruiting units
(hereafter in this section referred to as
``ANSF-sustaining institutions'').
(B) Train and equip fully-capable ANSF that
are capable of conducting operations
independently and in sufficient numbers.
(C) Establish strong ANSF-readiness
assessment tools and metrics.
(D) Build and sustain strong, professional
ANSF officers at the junior-, mid-, and senior-
levels.
(E) Develop strong ANSF communication and
control between central command and regions,
provinces, and districts.
(F) Establish a robust mentoring and
advising program, and a strong professional
military training and education program, for
all ANSF officials.
(G) Establish effective merit-based salary,
rank, promotion, and incentive structures for
the ANSF.
(H) Develop mechanisms for incorporating
lessons learned and best practices into ANSF
operations.
(I) Establish an ANSF personnel
accountability system with effective internal
discipline procedures and mechanisms, and a
system for addressing ANSF personnel
complaints.
(J) Ensure effective ANSF oversight
mechanisms, including a strong record-keeping
system to track ANSF equipment and personnel.
(4) Coordination with all relevant departments and
agencies of the Government of the United States, as
well as NATO ISAF countries and other international
partners, including on--
(A) funding;
(B) reform and establishment of ANSF-
sustaining institutions; and
(C) efforts to ensure that progress on
sustaining the ANSF is reinforced with progress
in other pillars of the Afghan security sector,
particularly progress on building an effective
judiciary, curbing production and trafficking
of illicit narcotics, and demobilizing,
disarming, and reintegrating militia fighters.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign Affairs
of the House of Representatives; and
(2) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign
Relations of the Senate.
SEC. 1232. REPORT ON ENHANCING SECURITY AND STABILITY IN THE REGION
ALONG THE BORDER OF AFGHANISTAN AND PAKISTAN.
(a) Report Required.--
(1) In general.--Not later than March 31, 2008, the
Secretary of Defense, in consultation with the
Secretary of State, shall submit to the appropriate
congressional committees a report on enhancing security
and stability in the region along the border of
Afghanistan and Pakistan.
(2) Matters to be included.--The report required
under paragraph (1) shall include the following:
(A) A detailed description of the efforts
by the Government of Pakistan to achieve the
following objectives:
(i) Eliminate safe havens for
Taliban, Al Qaeda, and other violent
extremist forces on the national
territory of Pakistan.
(ii) Prevent the movement of such
forces across the border of Pakistan
into Afghanistan to engage in insurgent
or terrorist activities.
(B) An assessment of the Secretary of
Defense as to whether Pakistan is making
substantial and sustained efforts to achieve
the objectives specified in subparagraph (A).
(3) Form.--The report required under paragraph (1)
shall be submitted in unclassified form, but may
include a classified annex.
(4) Limitation.--
(A) In general.--If the Secretary of
Defense does not submit the report required
under paragraph (1) by March 31, 2008, then
after such date the Government of Pakistan may
not be reimbursed under the authority of any
provision of law described in subparagraph (B)
for logistical, military, or other support
provided by Pakistan to the United States until
the Secretary submits to the appropriate
congressional committees the report required by
such paragraph.
(B) Provisions of law.--The provisions of
law referred to in subparagraph (A) are the
following:
(i) Section 1233.
(ii) Any other provision of law
under which payments are authorized to
reimburse key cooperating nations for
logistical, military, or other support
provided by that nation to or in
connection with United States military
operations.
(5) Appropriate congressional committees defined.--
In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on Armed Services, the
Committee on Appropriations, and the Committee
on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Armed Services, the
Committee on Appropriations, and the Committee
on Foreign Relations of the Senate.
(b) Notification Relating to Department of Defense
Coalition Support Funds for Pakistan.--
(1) Notification.--
(A) In general.--Not less than 15 days
before making any reimbursement to the
Government of Pakistan under the authority of
any provision of law described in subparagraph
(B) for logistical, military, or other support
provided by Pakistan to the United States, the
Secretary of Defense shall submit to the
congressional defense committees a written
notification that contains a detailed
description of such logistical, military, or
other support.
(B) Provisions of law.--The provisions of
law referred to in subparagraph (A) are the
following:
(i) Section 1233.
(ii) Any other provision of law
under which payments are authorized to
reimburse key cooperating nations for
logistical, military, or other support
provided by that nation to or in
connection with United States military
operations.
(2) Matters to be included.--Each notification
required under paragraph (1) shall include an itemized
description of the following support provided by
Pakistan to the United States for which the United
States will provide reimbursement:
(A) Logistic support, supplies, and
services, as such term is defined in section
2350(1) of title 10, United States Code.
(B) Military support.
(C) Any other support or services.
(3) Form.--Each notification required under
paragraph (1) shall be submitted in unclassified form,
but may include a classified annex.
(4) Relationship to other notification
requirements.--Each notification required under
paragraph (1) shall be in addition to any notification
requirements under any provision of law described in
subparagraph (B) of such paragraph.
(5) Effective date.--The requirement to submit
notifications under paragraph (1) shall apply with
respect to reimbursements to the Government of Pakistan
for logistical, military, or other support provided by
Pakistan to the United States during the period
beginning on February 1, 2008, and ending on September
30, 2009.
SEC. 1233. REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR SUPPORT
PROVIDED TO UNITED STATES MILITARY OPERATIONS.
(a) Authority.--From funds made available for the
Department of Defense by section 1508 for operation and
maintenance, Defense-wide activities, the Secretary of Defense
may reimburse any key cooperating nation for logistical and
military support provided by that nation to or in connection
with United States military operations in Operation Iraqi
Freedom or Operation Enduring Freedom.
(b) Amounts of Reimbursement.--
(1) In general.--Reimbursement authorized by
subsection (a) may be made in such amounts as the
Secretary of Defense, with the concurrence of the
Secretary of State and in 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.
(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.
(c) Limitations.--
(1) Limitation on amount.--The total amount of
reimbursements made under the authority in subsection
(a) during fiscal year 2008 may not exceed
$1,200,000,000.
(2) Prohibition on contractual obligations to make
payments.--The Secretary of Defense may not enter into
any contractual obligation to make a reimbursement
under the authority in subsection (a).
(d) Notice to Congress.--The Secretary of Defense shall--
(1) notify the congressional defense committees not
less than 15 days before making any reimbursement under
the authority in subsection (a); and
(2) submit to the congressional defense committees
on a quarterly basis a report on any reimbursements
made under the authority in subsection (a) during such
quarter.
SEC. 1234. LOGISTICAL SUPPORT FOR COALITION FORCES 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.
(b) Required Determination.--The Secretary may provide
logistical support under the authority in subsection (a) only
if the Secretary determines that the coalition forces to be
provided the logistical support--
(1) are essential to the success of a United States
military or stabilization operation; and
(2) would not be able to participate in such
operation without the provision of the logistical
support.
(c) Coordination With Export Control Laws.--Logistical
support may be provided under the authority in subsection (a)
only in accordance with applicable provisions of the Arms
Export Control Act and other export control laws of the United
States.
(d) Limitation on Value.--The total amount of logistical
support provided under the authority in subsection (a) in
fiscal year 2008 may not exceed $400,000,000.
(e) Quarterly Reports.--
(1) Reports required.--Not later than 15 days after
the end of each fiscal-year quarter of fiscal year
2008, the Secretary shall submit to the congressional
defense committees a report on the provision of
logistical support under the authority in subsection
(a) during such fiscal-year quarter.
(2) Elements.--Each report under paragraph (1)
shall include, for the fiscal-year quarter covered by
such report, the following:
(A) Each nation provided logistical support
under the authority in subsection (a).
(B) For each such nation, a description of
the type and value of logistical support so
provided.
Subtitle C--Iraq Refugee Crisis
SEC. 1241. SHORT TITLE.
This subtitle may be cited as the ``Refugee Crisis in Iraq
Act of 2007''.
SEC. 1242. PROCESSING MECHANISMS.
(a) In General.--The Secretary of State, in consultation
with the Secretary of Homeland Security, shall establish or use
existing refugee processing mechanisms in Iraq and in
countries, where appropriate, in the region in which--
(1) aliens described in section 1243 may apply and
interview for admission to the United States as
refugees; and
(2) aliens described in section 1244(b) may apply
and interview for admission to United States as special
immigrants.
(b) Suspension.--If such is determined necessary, the
Secretary of State, in consultation with the Secretary of
Homeland Security, may suspend in-country processing under
subsection (a) for a period not to exceed 90 days. Such
suspension may be extended by the Secretary of State upon
notification to the Committee on the Judiciary of the House of
Representatives, the Committee on Foreign Affairs of the House
of Representatives, the Committee on the Judiciary of the
Senate, and the Committee on Foreign Relations of the Senate.
The Secretary of State shall submit to such committees a report
outlining the basis of any such suspension and any extensions
thereof.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in consultation
with the Secretary of Homeland Security, shall submit to the
committees specified in subsection (b) a report that--
(1) describes the Secretary of State's plans to
establish the processing mechanisms required under
subsection (a);
(2) contains an assessment of in-country processing
that makes use of videoconferencing; and
(3) describe the Secretary of State's diplomatic
efforts to improve issuance of exit permits to Iraqis
who have been provided special immigrant status under
section 1244 and Iraqi refugees under section 1243.
SEC. 1243. UNITED STATES REFUGEE PROGRAM PROCESSING PRIORITIES.
(a) In General.--Refugees of special humanitarian concern
eligible for Priority 2 processing under the refugee
resettlement priority system who may apply directly to the
United States Admission Program shall include--
(1) Iraqis who were or are employed by the United
States Government, in Iraq;
(2) Iraqis who establish to the satisfaction of the
Secretary of State that they are or were employed in
Iraq by--
(A) a media or nongovernmental organization
headquartered in the United States; or
(B) an organization or entity closely
associated with the United States mission in
Iraq that has received United States Government
funding through an official and documented
contract, award, grant, or cooperative
agreement; and
(3) spouses, children, and parents whether or not
accompanying or following to join, and sons, daughters,
and siblings of aliens described in paragraph (1),
paragraph (2), or section 1244(b)(1); and
(4) Iraqis who are members of a religious or
minority community, have been identified by the
Secretary of State, or the designee of the Secretary,
as a persecuted group, and have close family members
(as described in section 201(b)(2)(A)(i) or 203(a) of
the Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i) and 1153(a))) in the United States.
(b) Identification of Other Persecuted Groups.--The
Secretary of State, or the designee of the Secretary, is
authorized to identify other Priority 2 groups of Iraqis,
including vulnerable populations.
(c) Ineligible Organizations and Entities.--Organizations
and entities described in subsection (a)(2) shall not include
any that appear on the Department of the Treasury's list of
Specially Designated Nationals or any entity specifically
excluded by the Secretary of Homeland Security, after
consultation with the Secretary of State and the heads of
relevant elements of the intelligence community (as defined in
section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
(d) Applicability of Other Requirements.--Aliens under this
section who qualify for Priority 2 processing under the refugee
resettlement priority system shall satisfy the requirements of
section 207 of the Immigration and Nationality Act (8 U.S.C.
1157) for admission to the United States.
(e) Numerical Limitations.--In determining the number of
Iraqi refugees who should be resettled in the United States
under paragraphs (2), (3), and (4) of subsection (a) and
subsection (b) of section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157), the President shall consult
with the heads of nongovernmental organizations that have a
presence in Iraq or experience in assessing the problems faced
by Iraqi refugees.
(f) Eligibility for Admission as Refugee.--No alien shall
be denied the opportunity to apply for admission under this
section solely because such alien qualifies as an immediate
relative or is eligible for any other immigrant classification.
SEC. 1244. SPECIAL IMMIGRANT STATUS FOR CERTAIN IRAQIS.
(a) In General.--Subject to subsection (c), the Secretary
of Homeland Security, or, notwithstanding any other provision
of law, the Secretary of State in consultation with the
Secretary of Homeland Security, may provide an alien described
in subsection (b) with the status of a special immigrant under
section 101(a)(27) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)), if the alien--
(1) or an agent acting on behalf of the alien,
submits a petition for classification under section
203(b)(4) of such Act (8 U.S.C. 1153(b)(4));
(2) is otherwise eligible to receive an immigrant
visa;
(3) is otherwise admissible to the United States
for permanent residence (excluding the grounds for
inadmissibility specified in section 212(a)(4) of such
Act (8 U.S.C. 1182(a)(4)); and
(4) cleared a background check and appropriate
screening, as determined by the Secretary of Homeland
Security.
(b) Aliens Described.--
(1) Principal aliens.--An alien is described in
this subsection if the alien--
(A) is a citizen or national of Iraq;
(B) was or is employed by or on behalf of
the United States Government in Iraq, on or
after March 20, 2003, for not less than one
year;
(C) provided faithful and valuable service
to the United States Government, which is
documented in a positive recommendation or
evaluation, subject to paragraph (4), from the
employee's senior supervisor or the person
currently occupying that position, or a more
senior person, if the employee's senior
supervisor has left the employer or has left
Iraq; and
(D) has experienced or is experiencing an
ongoing serious threat as a consequence of the
alien's employment by the United States
Government.
(2) Spouses and children.--An alien is described in
this subsection if the alien--
(A) is the spouse or child of a principal
alien described in paragraph (1); and
(B) is accompanying or following to join
the principal alien in the United States.
(3) Treatment of surviving spouse or child.--An
alien is described in subsection (b) if the alien--
(A) was the spouse or child of a principal
alien described in paragraph (1) who had a
petition for classification approved pursuant
to this section or section 1059 of the National
Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 8 U.S.C. 1101 note), which
included the alien as an accompanying spouse or
child; and
(B) due to the death of the principal
alien--
(i) such petition was revoked or
terminated (or otherwise rendered
null); and
(ii) such petition would have been
approved if the principal alien had
survived.
(4) Approval by chief of mission required.--A
recommendation or evaluation required under paragraph
(1)(C) shall be accompanied by approval from the Chief
of Mission, or the designee of the Chief of Mission,
who shall conduct a risk assessment of the alien and an
independent review of records maintained by the United
States Government or hiring organization or entity to
confirm employment and faithful and valuable service to
the United States Government prior to approval of a
petition under this section.
(c) Numerical Limitations.--
(1) In general.--The total number of principal
aliens who may be provided special immigrant status
under this section may not exceed 5,000 per year for
each of the five fiscal years beginning after the date
of the enactment of this Act.
(2) Exclusion from numerical limitations.--Aliens
provided special immigrant status under this section
shall not be counted against any numerical limitation
under sections 201(d), 202(a), or 203(b)(4) of the
Immigration and Nationality Act (8 U.S.C. 1151(d),
1152(a), and 1153(b)(4)).
(3) Carry forward.--
(A) Fiscal years one through four.--If the
numerical limitation specified in paragraph (1)
is not reached during a given fiscal year
referred to in such paragraph (with respect to
fiscal years one through four), the numerical
limitation specified in such paragraph for the
following fiscal year shall be increased by a
number equal to the difference between--
(i) the numerical limitation
specified in paragraph (1) for the
given fiscal year; and
(ii) the number of principal aliens
provided special immigrant status under
this section during the given fiscal
year.
(B) Fiscal years five and six.--If the
numerical limitation specified in paragraph (1)
is not reached in the fifth fiscal year
beginning after the date of the enactment of
this Act, the total number of principal aliens
who may be provided special immigrant status
under this section for the sixth fiscal year
beginning after such date shall be equal to the
difference between--
(i) the numerical limitation
specified in paragraph (1) for the
fifth fiscal year; and
(ii) the number of principal aliens
provided such status under this section
during the fifth fiscal year.
(d) Visa and Passport Issuance and Fees.--Neither the
Secretary of State nor the Secretary of Homeland Security may
charge an alien described in subsection (b) any fee in
connection with an application for, or issuance of, a special
immigrant visa. The Secretary of State shall make a reasonable
effort to ensure that aliens described in this section who are
issued special immigrant visas are provided with the
appropriate series Iraqi passport necessary to enter the United
States.
(e) Protection of Aliens.--The Secretary of State, in
consultation with the heads of other relevant Federal agencies,
shall make a reasonable effort to provide an alien described in
this section who is applying for a special immigrant visa with
protection or the immediate removal from Iraq, if possible, of
such alien if the Secretary determines after consultation that
such alien is in imminent danger.
(f) Eligibility for Admission Under Other Classification.--
No alien shall be denied the opportunity to apply for admission
under this section solely because such alien qualifies as an
immediate relative or is eligible for any other immigrant
classification.
(g) Resettlement Support.--Iraqi aliens granted special
immigrant status described in section 101(a)(27) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) shall be
eligible for resettlement assistance, entitlement programs, and
other benefits available to refugees admitted under section 207
of such Act (8 U.S.C. 1157) for a period not to exceed eight
months.
(h) Rule of Construction.--Nothing in this section may be
construed to affect the authority of the Secretary of Homeland
Security under section 1059 of the National Defense
Authorization Act for Fiscal Year 2006.
SEC. 1245. SENIOR COORDINATOR FOR IRAQI REFUGEES AND INTERNALLY
DISPLACED PERSONS.
(a) Designation in Iraq.--The Secretary of State shall
designate in the embassy of the United States in Baghdad, Iraq,
a Senior Coordinator for Iraqi Refugees and Internally
Displaced Persons (referred to in this section as the ``Senior
Coordinator'').
(b) Responsibilities.--The Senior Coordinator shall be
responsible for the oversight of processing for the
resettlement in the United States of refugees of special
humanitarian concern, special immigrant visa programs in Iraq,
and the development and implementation of other appropriate
policies and programs concerning Iraqi refugees and internally
displaced persons. The Senior Coordinator shall have the
authority to refer persons to the United States refugee
resettlement program.
(c) Designation of Additional Senior Coordinators.--The
Secretary of State shall designate in the embassies of the
United States in Cairo, Egypt, Amman, Jordan, Damascus, Syria,
and Beirut, Lebanon, a Senior Coordinator to oversee
resettlement in the United States of refugees of special
humanitarian concern in those countries to ensure their
applications to the United States refugee resettlement program
are processed in an orderly manner and without delay.
SEC. 1246. COUNTRIES WITH SIGNIFICANT POPULATIONS OF IRAQI REFUGEES.
With respect to each country with a significant population
of Iraqi refugees, including Iraq, Jordan, Egypt, Syria,
Turkey, and Lebanon, the Secretary of State shall--
(1) as appropriate, consult with the appropriate
government officials of such countries and other
countries and the United Nations High Commissioner for
Refugees regarding resettlement of the most vulnerable
members of such refugee populations; and
(2) as appropriate, except where otherwise
prohibited by the laws of the United States, develop
mechanisms in and provide assistance to countries with
a significant population of Iraqi refugees to ensure
the well-being and safety of such populations in their
host environments.
SEC. 1247. MOTION TO REOPEN DENIAL OR TERMINATION OF ASYLUM.
An alien who applied for asylum or withholding of removal
and whose claim was denied on or after March 1, 2003, by an
asylum officer or an immigration judge solely, or in part, on
the basis of changed country conditions may, notwithstanding
any other provision of law, file a motion to reopen such claim
in accordance with subparagraphs (A) and (B) of section
240(c)(7) of the Immigration and Nationality Act (8 U.S.C.
1229a(c)(7)) not later than six months after the date of the
enactment of the Refugee Crisis in Iraq Act if the alien--
(1) is a citizen or national of Iraq; and
(2) has remained in the United States since the
date of such denial.
SEC. 1248. REPORTS.
(a) Secretary of Homeland Security.--Not later than 120
days after the date of the enactment of this Act, the Secretary
of Homeland Security shall submit to the Committee on the
Judiciary of the House of Representatives, the Committee on
Foreign Affairs of the House of Representatives, the Committee
on the Judiciary of the Senate, and the Committee on Foreign
Relations of the Senate a report containing plans to expedite
the processing of Iraqi refugees for resettlement, including
information relating to--
(1) expediting the processing of Iraqi refugees for
resettlement, including through temporary expansion of
the Refugee Corps of United States Citizenship and
Immigration Services;
(2) increasing the number of personnel of the
Department of Homeland Security devoted to refugee
processing in Iraq, Jordan, Egypt, Syria, Turkey, and
Lebanon;
(3) enhancing existing systems for conducting
background and security checks of persons applying for
special immigrant status and of persons considered
Priority 2 refugees of special humanitarian concern
under the refugee resettlement priority system, which
enhancements shall support immigration security and
provide for the orderly processing of such applications
without delay; and
(4) the projections of the Secretary, per country
and per month, for the number of refugee interviews
that will be conducted in fiscal year 2008 and fiscal
year 2009.
(b) President.--Not later than 120 days after the date of
the enactment of this Act, and annually thereafter through
2013, the President shall submit to Congress an unclassified
report, with a classified annex if necessary, which includes--
(1) an assessment of the financial, security, and
personnel considerations and resources necessary to
carry out the provisions of this subtitle;
(2) the number of aliens described in section
1243(a)(1);
(3) the number of such aliens who have applied for
special immigrant visas;
(4) the date of such applications; and
(5) in the case of applications pending for longer
than six months, the reasons that such visas have not
been expeditiously processed.
(c) Report on Iraqi Citizens and Nationals Employed by the
United States Government or Federal Contractors in Iraq.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of
Defense, the Secretary of State, the Administrator of
the United States Agency for International Development,
the Secretary of the Treasury, and the Secretary of
Homeland Security shall--
(A) review internal records and databases
of their respective agencies for information
that can be used to verify employment of Iraqi
nationals by the United States Government; and
(B) request from each prime contractor or
grantee that has performed work in Iraq since
March 20, 2003, under a contract, grant, or
cooperative agreement with their respective
agencies that is valued in excess of $25,000
information that can be used to verify the
employment of Iraqi nationals by such
contractor or grantee.
(2) Information required.--To the extent data is
available, the information referred to in paragraph (1)
shall include the name and dates of employment of,
biometric data for, and other data that can be used to
verify the employment of each Iraqi citizen or national
who has performed work in Iraq since March 20, 2003,
under a contract, grant, or cooperative agreement with
an executive agency.
(3) Executive agency defined.--In this subsection,
the term ``executive agency'' has the meaning given the
term in section 4(1) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(1)).
(d) Report on Establishment of Database.--Not later than
120 days after the date of the enactment of this Act, the
Secretary of Defense, in consultation with the Secretary of
State, the Administrator of the United States Agency for
International Development, the Secretary of the Treasury, and
the Secretary of Homeland Security, shall submit to Congress a
report examining the options for establishing a unified,
classified database of information related to contracts,
grants, or cooperative agreements entered into by executive
agencies for the performance of work in Iraq since March 20,
2003, including the information described and collected under
subsection (c), to be used by relevant Federal departments and
agencies to adjudicate refugee, asylum, special immigrant visa,
and other immigration claims and applications.
(e) Noncompliance Report.--Not later than 180 days after
the date of the enactment of this Act, the President shall
submit a report to Congress that describes--
(1) the inability or unwillingness of any
contractor or grantee to provide the information
requested under subsection (c)(1)(B); and
(2) the reasons for failing to provide such
information.
SEC. 1249. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this subtitle.
Subtitle D--Other Authorities and Limitations
SEC. 1251. COOPERATIVE OPPORTUNITIES DOCUMENTS UNDER COOPERATIVE
RESEARCH AND DEVELOPMENT AGREEMENTS WITH NATO
ORGANIZATIONS AND OTHER ALLIED AND FRIENDLY FOREIGN
COUNTRIES.
Section 2350a(e) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``(A)'';
(B) by striking ``an arms cooperation
opportunities document'' and inserting ``a
cooperative opportunities document before the
first milestone or decision point''; and
(C) by striking subparagraph (B); and
(2) in paragraph (2), by striking ``An arms
cooperation opportunities document'' and inserting ``A
cooperative opportunities document''.
SEC. 1252. 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 (Public
Law 109-364; 120 Stat. 2412) is amended--
(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''; and
(2) in paragraph (3) by inserting ``, or in a
peacekeeping operation described in paragraph (1), as
applicable,'' after ``Iraq or Afghanistan''.
(b) One-Year Extension.--Subsection (e) of such section is
amended by striking ``September 30, 2008'' and inserting
``September 30, 2009''.
(c) Conforming Amendment.--The heading of such section is
amended by striking ``FOREIGN FORCES IN IRAQ AND AFGHANISTAN''
and inserting ``CERTAIN FOREIGN FORCES''.
SEC. 1253. ACCEPTANCE OF FUNDS FROM THE GOVERNMENT OF PALAU FOR COSTS
OF UNITED STATES MILITARY CIVIC ACTION TEAM IN
PALAU.
Section 104(a) of Public Law 99-658 (48 U.S.C. 1933(a)) is
amended--
(1) by striking ``In recognition'' and inserting
``(1) In recognition''; and
(2) by adding at the end the following:
``(2) For expenditures that the Department of Defense makes
pursuant to paragraph (1), the Secretary of Defense may accept
up to the amount of $250,000 in annual funds from the
Government of Palau as specified in paragraph (1). Funds
accepted by the Secretary from the Government of Palau under
this paragraph shall be credited to and merged with
appropriations available to the Department of Defense and shall
be used to defray expenditures attendant to the operation of
the United States military Civic Action Team in Palau. Funds so
credited and merged shall be available for the same time period
as the appropriations to which the funds are credited and
merged.''.
SEC. 1254. REPEAL OF REQUIREMENT RELATING TO NORTH KOREA.
Section 1211 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2420) is amended by striking subsection (a).
SEC. 1255. JUSTICE FOR OSAMA BIN LADEN AND OTHER LEADERS OF AL QAEDA.
(a) Enhanced Reward for Capture of Osama Bin Laden.--
Section 36(e)(1) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2708(e)(1)) is amended by adding at the end
the following new sentence: ``The Secretary shall authorize a
reward of $50,000,000 for the capture or death or information
leading to the capture or death of Osama bin Laden.''.
(b) Status of Efforts To Bring Osama Bin Laden and Other
Leaders of Al Qaeda to Justice.--
(1) Report required.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
State and the Secretary of Defense shall, in
coordination with the Director of National
Intelligence, jointly submit to Congress a report on
the progress made in bringing Osama bin Laden and other
leaders of al Qaeda to justice.
(2) Elements.--The report required under paragraph
(1) shall include the following:
(A) An assessment of the likely current
location of terrorist leaders, including Osama
bin Laden, Ayman al-Zawahiri, and other key
leaders of al Qaeda.
(B) A description of ongoing efforts to
bring to justice such terrorist leaders,
particularly those who have been directly
implicated in attacks in the United States and
its embassies.
(C) An assessment of whether the government
of each country assessed as a likely location
of top leaders of al Qaeda has fully cooperated
in efforts to bring those leaders to justice.
(D) A description of diplomatic efforts
currently being made to improve the cooperation
of the governments described in subparagraph
(C).
(E) A description of the current status of
the top leadership of al Qaeda and the strategy
for locating them and bringing them to justice.
(F) An assessment of whether al Qaeda
remains the terrorist organization that poses
the greatest threat to United States interests,
including the greatest threat to the
territorial United States.
(3) Update of report.--Not later than one year
after the submission of the report required under
paragraph (1), the Secretary of State and the Secretary
of Defense shall, in coordination with the Director of
National Intelligence, jointly submit to Congress an
update of the report required under paragraph (1).
(4) Form.--The report required under paragraph (1)
and the update of the report required under paragraph
(3) shall be submitted in unclassified form, but may
contain a classified annex, if necessary.
SEC. 1256. EXTENSION OF COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE.
(a) Members.--Section 1605 of the National Defense
Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note) is
amended in subsection (a)(1)--
(1) in subparagraph (C) by striking ``Director of
Central Intelligence'' and inserting ``Director of
National Intelligence''; and
(2) by adding at the end the following:
``(E) The Secretary of State.
``(F) The Secretary of Homeland
Security.''.
(b) Access to Information.--Subsection (d) of such section
is amended by inserting after ``Department of Energy,'' the
following: ``the Department of State, the Department of
Homeland Security,''.
(c) Termination.--Subsection (f) of such section is amended
by striking ``2008'' and inserting ``2013''.
(d) Submission of Report.--Section 1503 of the National
Defense Authorization Act for Fiscal Year 1995 (22 U.S.C. 2751
note) is amended--
(1) in subsection (a)--
(A) by striking ``Annual'' and inserting
``Biennial''; and
(B) by striking ``each year'' and inserting
``each odd-numbered year''; and
(2) in subsection (b)(5)--
(A) by striking ``fiscal year preceding''
and inserting ``two fiscal years preceding'';
and
(B) by striking ``preceding fiscal year''
and inserting ``preceding fiscal years''.
SEC. 1257. SENSE OF CONGRESS ON THE WESTERN HEMISPHERE INSTITUTE FOR
SECURITY COOPERATION.
It is the sense of Congress that--
(1) the education and training facility of the
Department of Defense known as the Western Hemisphere
Institute for Security Cooperation has the mission of
providing professional education and training to
eligible military personnel, law enforcement officials,
and civilians of nations of the Western Hemisphere that
support the democratic principles set forth in the
Inter-American Democratic Charter of the Organization
of American States, while fostering mutual knowledge,
transparency, confidence, and cooperation among the
participating nations and promoting democratic values
and respect for human rights; and
(2) therefore, the Institute is an invaluable
education and training facility which the Department of
Defense should continue to utilize in order to help
foster a spirit of partnership and interoperability
among the United States military and the militaries of
participating nations.
SEC. 1258. SENSE OF CONGRESS ON IRAN.
It is the sense of Congress that--
(1) the manner in which the United States
transitions and structures its military presence in
Iraq will have critical long-term consequences for the
future of the Persian Gulf and the Middle East, in
particular with regard to the ability of the Government
of Iran to pose a threat to the security of the region,
the prospects for democracy for the people of the
region, and the health of the global economy;
(2) it is in the national interest of the United
States that the Government of Iran should not use
extremists in Iraq to subvert or co-opt the
institutions of the legitimate Government of Iraq;
(3) the United States should designate Iran's
Islamic Revolutionary Guards Corps as a foreign
terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189) and
place the Islamic Revolutionary Guards Corps on the
list of Specially Designated Global Terrorists, as
established under the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) and initiated under
Executive Order 13224 (September 23, 2001); and
(4) the United States should act with all possible
expediency to complete the listing of those entities
targeted under United Nations Security Council
Resolutions 1737 and 1747, adopted unanimously on
December 23, 2006, and March 24, 2007, respectively.
Subtitle E--Reports
SEC. 1261. ONE-YEAR EXTENSION OF UPDATE ON REPORT ON CLAIMS RELATING TO
THE BOMBING OF THE LABELLE DISCOTHEQUE.
Section 1225 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465) is
amended--
(1) in subsection (b)(2)--
(A) in the heading, by striking ``Update''
and inserting ``Updates''; and
(B) by inserting ``and not later than two
years after enactment of this Act,'' after
``Not later than one year after enactment of
this Act,''; and
(2) in subsection (c), by striking ``Committee on
International Relations'' and inserting ``Committee on
Foreign Affairs''.
SEC. 1262. REPORT ON UNITED STATES POLICY TOWARD DARFUR, SUDAN.
(a) Requirement for Report.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of
Defense and the Secretary of State shall jointly submit
to the appropriate congressional committees a report on
the policy of the United States to address the crisis
in the Darfur region of Sudan, eastern Chad, and north-
eastern Central African Republic, and on the
contributions of the Department of Defense and the
Department of State to the North Atlantic Treaty
Organization (NATO), the United Nations, and the
African Union in support of the current African Union
Mission in Sudan (AMIS) or any covered United Nations
mission.
(2) Update of report.--Not later than 180 days
after the submission of the report required under
paragraph (1), the Secretary of Defense and the
Secretary of State shall jointly submit to the
appropriate congressional committees an update of the
report.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) An assessment of the extent to which the
Government of Sudan is in compliance with its
obligations under international law and as a member of
the United Nations, including under United Nations
Security Council Resolutions 1591 (2005), 1706 (2006),
1769 (2007), and 1784 (2007) and a description of any
violations of such obligations, including violations
relating to the denial of or delay in facilitating
access by AMIS and United Nations peacekeeping forces
to conflict areas, failure to implement
responsibilities to demobilize and disarm the Janjaweed
militias, obstruction of the voluntary safe return of
internally displaced persons and refugees, and
degradation of security of and access to humanitarian
supply routes.
(2) An assessment of the role played by rebel
forces in contributing to violence being carried out
against civilians and humanitarian organizations and of
the impact of such activities on international efforts
to create conditions of peace and security on the
ground.
(3) A comprehensive explanation of the policy of
the United States to address the crisis in the Darfur
region, including the activities undertaken by the
Department of Defense and the Department of State in
support of that policy.
(4) A comprehensive assessment of the potential
impact of a no-fly zone for the Darfur region,
including an assessment of the impact of such a no-fly
zone on humanitarian efforts in Darfur and the region
and a plan to minimize any negative impact on such
humanitarian efforts during the implementation of such
a no-fly zone.
(5) A description of contributions made by the
Department of Defense and the Department of State in
support of NATO assistance to AMIS and any covered
United Nations mission.
(6) An assessment of the extent to which additional
United States Government resources are necessary to
meet its obligations to AMIS and any covered United
Nations mission.
(7) An assessment of the force size and composition
of an international effort estimated to be necessary to
provide protection to civilian populations currently
displaced in the Darfur region, as well as the force
size and composition of an international effort
estimated to be necessary to provide broader stability
within that region.
(8) An examination of the current capacity of the
existing airfield in Abeche, Chad, including the scope
of its current use by the international community in
response to the crisis in the Darfur region.
(9) An analysis of the upgrades, and their
associated costs, necessary to enable the airfield in
Abeche, Chad, to be improved to be fully capable of
accommodating a humanitarian, peacekeeping, or other
force deployment of the size foreseen by United Nations
Security Council Resolution 1769 calling for a United
Nations deployment to Chad and a hybrid force of the
United Nations and African Union operating under
Chapter VII of the United Nations Charter for Sudan.
(c) Form and Availability of Reports.--
(1) Form.--The report and update of the report
required under subsection (a) shall be submitted in an
unclassified form, but may include a classified annex.
(2) Availability.--The unclassified portion of the
report and update of the report required under
subsection (a) shall be made available to the public.
(d) Repeal of Superseded Report Requirement.--Section 1227
of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2426) is
repealed.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate;
and
(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(2) Covered united nations mission.--The term
``covered United Nations mission'' means any United
Nations-African Union hybrid peacekeeping operation in
the Darfur region of Sudan, and any United Nations
peacekeeping operation in the Darfur region, eastern
Chad, or northern Central African Republic, that is
deployed on or after the date of the enactment of this
Act.
SEC. 1263. INCLUSION OF INFORMATION ON ASYMMETRIC CAPABILITIES IN
ANNUAL REPORT ON MILITARY POWER OF THE PEOPLE'S
REPUBLIC OF CHINA.
Section 1202(b) of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 10 U.S.C. 113 note) is
amended by adding at the end the following new paragraph:
``(9) Developments in China's asymmetric
capabilities, including efforts to acquire, develop,
and deploy cyberwarfare capabilities.''.
SEC. 1264. REPORT ON APPLICATION OF THE UNIFORM CODE OF MILITARY
JUSTICE TO CIVILIANS ACCOMPANYING THE ARMED FORCES
DURING A TIME OF DECLARED WAR OR CONTINGENCY
OPERATION.
(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the status of
implementing paragraph (10) of section 802(a) of title 10,
United States Code (article 2(a) of the Uniform Code of
Military Justice), as amended by section 552 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364), related to the application of chapter 47 of such
title (the Uniform Code of Military Justice) to persons serving
with or accompanying an armed force in the field during a time
of declared war or contingency operation.
(b) Contents of Report.--The report required by subsection
(a) shall include each of the following:
(1) A discussion of how the Secretary has resolved
issues related to establishing jurisdiction under such
chapter over persons referred to in paragraph (10) of
section 802(a) of title 10, United States Code (article
2(a) of the Uniform Code of Military Justice),
specifically with respect to persons under contract
with the Department of Defense or with other Federal
agencies.
(2) An identification of any outstanding issues
that remain to be resolved with respect to implementing
such paragraph and a timetable for resolving such
issues.
(3) A description of key implementing steps that
have been taken or remain to be taken to assert
jurisdiction under chapter 47 of such title over such
persons.
(4) An explanation of the Secretary's approach to
identifying factors that commanders should consider in
determining whether to seek prosecution of such a
person under such chapter or under chapter 212 of title
18, United States Code.
SEC. 1265. REPORT ON FAMILY REUNIONS BETWEEN UNITED STATES CITIZENS AND
THEIR RELATIVES IN NORTH KOREA.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the President shall transmit
to Congress a report on family reunions between United States
citizens and their relatives in the Democratic People's
Republic of Korea.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) A description of the efforts, if any, of the
United States Government to facilitate family reunions
between United States citizens and their relatives in
North Korea, including the following:
(A) Discussing with North Korea family
reunions between United States citizens and
their relatives in North Korea.
(B) Planning, in the event of a
normalization of relations between the United
States and North Korea, for the appropriate
role of the United States embassy in Pyongyang,
North Korea, in facilitating family reunions
between United States citizens and their
relatives in North Korea.
(2) A description of additional efforts, if any, of
the United States Government to facilitate family
reunions between United States citizens and their
relatives in North Korea that the President considers
to be desirable and feasible.
SEC. 1266. REPORTS ON PREVENTION OF MASS ATROCITIES.
(a) Department of State Report.--
(1) Report required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
State shall submit to the congressional defense
committees, the Committee on Foreign Relations of the
Senate, and the Committee on Foreign Affairs of the
House of Representatives a report assessing the
capability of the Department of State to provide
training and guidance to the command of an
international intervention force that seeks to prevent
mass atrocities.
(2) Content.--The report required under paragraph
(1) shall include the following:
(A) An evaluation of any doctrine currently
used by the Secretary of State to prepare for
the training and guidance of the command of an
international intervention force.
(B) An assessment of the role played by the
United States in developing the
``responsibility to protect'' doctrine
described in paragraphs 138 through 140 of the
outcome document of the High-level Plenary
Meeting of the General Assembly adopted by the
United Nations in September 2005, and an update
on actions taken by the United States Mission
to the United Nations to discuss, promote, and
implement such doctrine.
(C) An assessment of the potential
capability of the Department of State and other
Federal departments and agencies to support the
development of new doctrines for the training
and guidance of an international intervention
force in keeping with the ``responsibility to
protect'' doctrine.
(D) Recommendations as to the steps
necessary to allow the Secretary of State to
provide more effective training and guidance to
an international intervention force.
(b) Department of Defense Report.--
(1) Report required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees, the Committee on Foreign Relations of the
Senate, and the Committee on Foreign Affairs of the
House of Representatives a report assessing the
capability of the Department of Defense to provide
training and guidance to the command of an
international intervention force that seeks to prevent
mass atrocities.
(2) Content.--The report required under paragraph
(1) shall include the following:
(A) An evaluation of any doctrine currently
used by the Secretary of Defense to prepare for
the training and guidance of the command of an
international intervention force.
(B) An assessment of the potential
capability of the Department of Defense and
other Federal departments and agencies to
support the development of new doctrines for
the training and guidance of an international
intervention force in keeping with the
``responsibility to protect'' doctrine.
(C) Recommendations as to the steps
necessary to allow the Secretary of Defense to
provide more effective training and guidance to
an international intervention force.
(D) A summary of any assessments or studies
of the Department of Defense or other Federal
departments or agencies relating to ``Operation
Artemis'', the 2004 French military deployment
and intervention in the eastern region of the
Democratic Republic of Congo to protect
civilians from local warring factions.
(c) International Intervention Force.--For the purposes of
this section, ``international intervention force'' means a
military force that--
(1) is authorized by the United Nations; and
(2) has a mission that is narrowly focused on the
protection of civilian life and the prevention of mass
atrocities such as genocide.
SEC. 1267. REPORT ON THREATS TO THE UNITED STATES FROM UNGOVERNED
AREAS.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense and
the Secretary of State, in coordination with the Director of
National Intelligence, shall jointly submit to the specified
congressional committees a report on the threats posed to the
United States from ungoverned areas, including the threats to
the United States from terrorist groups and individuals located
in such areas who direct their activities against the national
security interests of the United States and its allies.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) A description of those areas the United States
Government considers ungoverned, including--
(A) a description of the geo-political and
cultural influences exerted within such areas
and by whom;
(B) a description of the economic
conditions and prospects and the major social
dynamics of such areas; and
(C) a description of the United States
Government's relationships with entities
located in such areas, including with relevant
national or other governments and relevant
tribal or other groups.
(2) A description of the capabilities required by
the United States Government to support United States
policy aimed at managing the threats described in
subsection (a), including, specifically, the technical,
linguistic, and analytical capabilities required by the
Department of Defense and the Department of State.
(3) An assessment of the extent to which the
Department of Defense and the Department of State
possess the capabilities described in paragraph (2) as
well as the necessary resources and organization to
support United States policy aimed at managing the
threats described in subsection (a).
(4) A description of the extent to which the
implementation of Department of Defense Directive
3000.05, entitled ``Military Support for Stability,
Security, Transition, and Reconstruction Operations'',
will support United States policy for managing such
threats.
(5) A description of the actions, if any, to be
taken to improve the capabilities of the Department of
Defense and the Department of State described in
paragraph (2), and the schedule for implementing any
actions so described.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, to the maximum extent
practicable, but may contain a classified annex, if necessary.
(d) Definition.--In this section, the term ``specified
congressional committees'' means--
(1) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Specification of Cooperative Threat Reduction programs in
states outside the former Soviet Union.
Sec. 1304. Repeal of restrictions on assistance to states of the former
Soviet Union for Cooperative Threat Reduction.
Sec. 1305. Modification of authority to use Cooperative Threat Reduction
funds outside the former Soviet Union.
Sec. 1306. New initiatives for the Cooperative Threat Reduction Program.
Sec. 1307. Report relating to chemical weapons destruction at
Shchuch'ye, Russia.
Sec. 1308. National Academy of Sciences study of prevention of
proliferation of biological weapons.
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 (50 U.S.C. 2362 note),
as amended by section 1303 of this Act.
(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.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $428,048,000
authorized to be appropriated to the Department of Defense for
fiscal year 2008 in section 301(19) for Cooperative Threat
Reduction programs, the following amounts may be obligated for
the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $92,885,000.
(2) For nuclear weapons storage security in Russia,
$47,640,000.
(3) For nuclear weapons transportation security in
Russia, $37,700,000.
(4) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$47,986,000.
(5) For biological weapons proliferation prevention
in the former Soviet Union, $158,489,000.
(6) For chemical weapons destruction, $6,000,000.
(7) For defense and military contacts, $8,000,000.
(8) For new Cooperative Threat Reduction
initiatives that are outside the former Soviet Union,
$10,000,000.
(9) For activities designated as Other Assessments/
Administrative Support, $19,348,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2008 Cooperative Threat 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.
(c) Limited Authority To Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any
case in which the Secretary of Defense determines that
it is 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.
(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--
(A) the Secretary submits to Congress
notification of the intent to do so together
with a complete discussion of the justification
for doing so; and
(B) 15 days have elapsed following the date
of the notification.
SEC. 1303. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS IN
STATES OUTSIDE THE FORMER SOVIET UNION.
Section 1501 of the National Defense Authorization Act for
Fiscal Year 1997 (50 U.S.C. 2362 note) is amended--
(1) in subsection (a), by striking ``subsection
(b)'' and inserting ``subsections (b) and (c)''; and
(2) by adding at the end the following new
subsection:
``(c) Specified Programs With Respect to States Outside the
Former Soviet Union.--The programs referred to in subsection
(a) are the following programs with respect to states that are
not states of the former Soviet Union:
``(1) Programs to facilitate the elimination, and
the safe and secure transportation and storage, of
chemical or biological weapons, weapons components,
weapons-related materials, and their delivery vehicles.
``(2) Programs to facilitate safe and secure
transportation and storage of nuclear weapons, weapons
components, and their delivery vehicles.
``(3) Programs to prevent the proliferation of
nuclear and chemical weapons, weapons components, and
weapons-related military technology and expertise.
``(4) Programs to prevent the proliferation of
biological weapons, weapons components, and weapons-
related military technology and expertise, which may
include activities that facilitate detection and
reporting of highly pathogenic diseases or other
diseases that are associated with or that could be
utilized as an early warning mechanism for disease
outbreaks that could impact the Armed Forces of the
United States or allies of the United States.
``(5) Programs to expand military-to-military and
defense contacts.''.
SEC. 1304. REPEAL OF RESTRICTIONS ON ASSISTANCE TO STATES OF THE FORMER
SOVIET UNION FOR COOPERATIVE THREAT REDUCTION.
(a) In General.--
(1) Soviet nuclear threat reduction act of 1991.--
The Soviet Nuclear Threat Reduction Act of 1991 (title
II of Public Law 102-228; 22 U.S.C. 2551 note) is
amended--
(A) by striking section 211; and
(B) in section 212, by striking ``,
consistent with the findings stated in section
211,''.
(2) Cooperative threat reduction act of 1993.--
Section 1203 of the Cooperative Threat Reduction Act of
1993 (22 U.S.C. 5952) is amended by striking subsection
(d).
(3) Russian chemical weapons destruction
facilities.--Section 1305 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-
65; 22 U.S.C. 5952 note) is repealed.
(4) Conforming repeal.--Section 1303 of the Ronald
W. Reagan National Defense Authorization Act for Fiscal
Year 2005 (Public Law 108-375; 22 U.S.C. 5952 note) is
repealed.
(b) Inapplicability of Other Restrictions.--Section 502 of
the Freedom for Russia and Emerging Eurasian Democracies and
Open Markets Support Act of 1992 (22 U.S.C. 5852) shall not
apply to any Cooperative Threat Reduction program.
SEC. 1305. MODIFICATION OF AUTHORITY TO USE COOPERATIVE THREAT
REDUCTION FUNDS OUTSIDE THE FORMER SOVIET UNION.
Section 1308 of the National Defense Authorization Act for
Fiscal Year 2004 (22 U.S.C. 5963) is amended--
(1) in subsection (a), by striking ``Subject to''
and all that follows through ``the following:'' and
inserting ``Subject to the provisions of this section,
the Secretary of Defense may obligate and expend
Cooperative Threat Reduction funds for a fiscal year,
and any Cooperative Threat Reduction funds for a fiscal
year before such fiscal year that remain available for
obligation, for a proliferation threat reduction
project or activity outside the states of the former
Soviet Union if the Secretary of Defense, with the
concurrence of the Secretary of State, determines each
of the following:'';
(2) by striking subsection (c) and redesignating
subsections (d) and (e) as (c) and (d), respectively;
and
(3) by amending subsection (c) (as so redesignated)
to read as follows:
``(c) Limitation on Availability of Funds.--
``(1) The Secretary of Defense may not obligate
funds for a project or activity under the authority in
subsection (a) of this section until the Secretary of
Defense, with the concurrence of the Secretary of
State, makes each determination specified in that
subsection with respect to such project or activity.
``(2) Not later than 10 days after obligating funds
under the authority in subsection (a) of this section
for a project or activity, the Secretary of Defense and
the Secretary of State shall notify Congress in writing
of the determinations made under paragraph (1) with
respect to such project or activity, together with--
``(A) a justification for such
determinations; and
``(B) a description of the scope and
duration of such project or activity.''.
SEC. 1306. NEW INITIATIVES FOR THE COOPERATIVE THREAT REDUCTION
PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense Cooperative Threat
Reduction (CTR) Program should be strengthened and
expanded, in part by developing new CTR initiatives;
(2) such new initiatives should--
(A) be well-coordinated with the Department
of Energy, the Department of State, and any
other relevant United States Government agency
or department;
(B) include appropriate transparency and
accountability mechanisms, and legal frameworks
and agreements between the United States and
CTR partner countries;
(C) reflect engagement with non-
governmental experts on possible new options
for the CTR Program;
(D) include work with the Russian
Federation and other countries to establish
strong CTR partnerships that, among other
things--
(i) increase the role of scientists
and government officials of CTR partner
countries in designing CTR programs and
projects; and
(ii) increase financial
contributions and additional
commitments to CTR programs and
projects from Russia and other partner
countries, as appropriate, as evidence
that the programs and projects reflect
national priorities and will be
sustainable;
(E) include broader international
cooperation and partnerships, and increased
international contributions;
(F) incorporate a strong focus on national
programs and sustainability, which includes
actions to address concerns raised and
recommendations made by the Government
Accountability Office, in its report of
February 2007 titled ``Progress Made in
Improving Security at Russian Nuclear Sites,
but the Long-Term Sustainability of U.S. Funded
Security Upgrades is Uncertain'', which pertain
to the Department of Defense;
(G) continue to focus on the development of
CTR programs and projects that secure nuclear
weapons; secure and eliminate chemical and
biological weapons and weapons-related
materials; and eliminate nuclear, chemical, and
biological weapons-related delivery vehicles
and infrastructure at the source; and
(H) include efforts to develop new CTR
programs and projects in Russia and the former
Soviet Union, and in countries and regions
outside the former Soviet Union, as appropriate
and in the interest of United States national
security; and
(3) such new initiatives could include--
(A) programs and projects in Asia and the
Middle East; and
(B) activities relating to the
denuclearization of the Democratic People's
Republic of Korea.
(b) National Academy of Sciences Study.--
(1) Study.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense
shall enter into an arrangement with the National
Academy of Sciences under which the Academy shall carry
out a study to analyze options for strengthening and
expanding the CTR Program.
(2) Matters to be included in study.--The Secretary
shall provide for the study under paragraph (1) to
include--
(A) an assessment of new CTR initiatives
described in subsection (a); and
(B) an identification of options and
recommendations for strengthening and expanding
the CTR Program.
(3) Submission of national academy of sciences
report.--The National Academy of Sciences shall submit
to Congress a report on the study under this subsection
at the same time that such report is submitted to the
Secretary of Defense pursuant to subsection (c).
(c) Secretary of Defense Report.--
(1) In general.--Not later than 90 days after
receipt of the report under subsection (b), the
Secretary of Defense shall submit to Congress a report
on new CTR initiatives. The report shall include--
(A) a summary of the results of the study
carried out under subsection (b);
(B) an assessment by the Secretary of the
study; and
(C) a statement of the actions, if any, to
be undertaken by the Secretary to implement any
recommendations in the study.
(2) Form.--The report shall be in unclassified form
but may include a classified annex if necessary.
(d) Funding.--Of the amounts appropriated pursuant to the
authorization of appropriations in section 301(19) or otherwise
made available for Cooperative Threat Reduction programs for
fiscal year 2008, not more than $1,000,000 shall be obligated
or expended to carry out this section.
SEC. 1307. REPORT RELATING TO CHEMICAL WEAPONS DESTRUCTION AT
SHCHUCH'YE, RUSSIA.
(a) Definition.--In this section, the terms ``Shchuch'ye
project'' and ``project'' mean the Cooperative Threat Reduction
Program chemical weapons destruction project located in the
area of Shchuch'ye in the Russian Federation.
(b) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on the
Shchuch'ye project. The report shall include--
(1) a current and detailed cost estimate for
completion of the project, to include costs that will
be borne by the United States and Russia, respectively;
and
(2) a specific strategic and operating plan for
completion of the project, which includes--
(A) the Department's plans to ensure robust
project management and oversight, including
management and oversight with respect to the
performance of any contractors;
(B) project quality assurance and
sustainability measures;
(C) metrics for measuring project progress
with a timetable for achieving goals, including
initial systems integration and start-up
testing; and
(D) a projected project completion date.
SEC. 1308. NATIONAL ACADEMY OF SCIENCES STUDY OF PREVENTION OF
PROLIFERATION OF BIOLOGICAL WEAPONS.
(a) Study Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
enter into an arrangement with the National Academy of Sciences
under which the Academy shall carry out a study to identify
areas for cooperation with states other than states of the
former Soviet Union under the Cooperative Threat Reduction
Program of the Department of Defense in the prevention of
proliferation of biological weapons.
(b) Matters To Be Included in Study.--The Secretary shall
provide for the study under subsection (a) to include the
following:
(1) An assessment of the capabilities and capacity
of 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.
(2) An assessment of the approaches to cooperative
threat reduction used by the states of the former
Soviet Union that are of special relevance in
preventing the proliferation of biological weapons in
other areas of the world.
(3) A brief review of programs of the United States
Government and other governments, international
organizations, foundations, and other private sector
entities that may contribute to the prevention of the
proliferation of biological weapons.
(4) Recommendations on steps for integrating
activities of the Cooperative Threat Reduction Program
relating to biological weapons proliferation prevention
with activities of other departments and agencies of
the United States, as appropriate, in states outside of
the former Soviet Union.
(c) Submission of National Academy of Sciences Report.--The
National Academy of Sciences shall submit to Congress a report
on the study under subsection (a) at the same time that such
report is submitted to the Secretary of Defense pursuant to
subsection (d).
(d) Secretary of Defense Report.--
(1) In general.--Not later than 90 days after
receipt of the report required by subsection (a), the
Secretary shall submit to the Congress a report on the
study carried out under subsection (a).
(2) Matters to be included.--The report under
paragraph (1) shall include the following:
(A) A summary of the results of the study
carried out under subsection (a).
(B) An assessment by the Secretary of the
study.
(C) A statement of the actions, if any, to
be undertaken by the Secretary to implement any
recommendations in the study.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a
classified annex.
(e) Funding.--Of the amounts appropriated pursuant to the
authorization of appropriations in section 301(19) or otherwise
made available for Cooperative Threat Reduction programs for
fiscal year 2008, not more than $1,000,000 may be obligated or
expended to carry out this section.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Defense Health Program.
Sec. 1404. Chemical agents and munitions destruction, Defense.
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1406. Defense Inspector General.
Subtitle B--National Defense Stockpile
Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revisions to required receipt objectives for previously
authorized disposals from the National Defense Stockpile.
Sec. 1413. Disposal of ferromanganese.
Sec. 1414. Disposal of chrome metal.
Subtitle C--Armed Forces Retirement Home
Sec. 1421. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1422. Administration and oversight of the Armed Forces Retirement
Home.
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for providing capital
for working capital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds,
$102,446,000.
(2) For the Defense Working Capital Fund, Defense
Commissary, $1,250,300,000.
SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for the National Defense Sealift Fund in the amount
of $1,349,094,000.
SEC. 1403. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2008 for expenses, not
otherwise provided for, for the Defense Health Program, in the
amount of $23,080,384,000, of which--
(1) $22,583,641,000 is for Operation and
Maintenance;
(2) $134,482,000 is for Research, Development,
Test, and Evaluation; and
(3) $362,261,000 is for Procurement.
SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense for
fiscal year 2008 for expenses, not otherwise provided for, for
Chemical Agents and Munitions Destruction, Defense, in the
amount of $1,512,724,000, of which--
(1) $1,181,500,000 is for Operation and
Maintenance;
(2) $312,800,000 is for Research, Development,
Test, and Evaluation; and
(3) $18,424,000 is for Procurement.
(b) Use.--Amounts authorized to be appropriated under
subsection (a) are authorized for--
(1) the destruction of lethal chemical agents and
munitions in accordance with section 1412 of the
Department of Defense Authorization Act, 1986 (50
U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of
the United States that is not covered by section 1412
of such Act.
SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
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 $938,022,000.
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--
(1) $224,995,000 is for Operation and Maintenance;
and
(2) $1,000,000 is for Procurement.
Subtitle B--National Defense Stockpile
SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year
2008, the National Defense Stockpile Manager may obligate up to
$44,825,000 of the funds in the National Defense Stockpile
Transaction Fund established under subsection (a) of section 9
of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98h) for the authorized uses of such funds under
subsection (b)(2) of such section, including the disposal of
hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile
Manager may obligate amounts in excess of the amount specified
in subsection (a) if the National Defense Stockpile Manager
notifies Congress that extraordinary or emergency conditions
necessitate the additional obligations. The National Defense
Stockpile Manager may make the additional obligations described
in the notification after the end of the 45-day period
beginning on the date on which Congress receives the
notification.
(c) Limitations.--The authorities provided by this section
shall be subject to such limitations as may be provided in
appropriations Acts.
SEC. 1412. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR PREVIOUSLY
AUTHORIZED DISPOSALS FROM THE NATIONAL DEFENSE
STOCKPILE.
(a) Fiscal Year 2000 Disposal Authority.--Section 3402(b)
of the National Defense Authorization Act for Fiscal Year 2000
(50 U.S.C. 98d note), as amended by section 3302 of the
National Defense Authorization Act for Fiscal Year 2004 (Public
Law 108-136; 117 Stat. 1788) and section 3302 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 119 Stat. 3545), is amended by striking ``$600,000,000
before'' in paragraph (5) and inserting ``$710,000,000 by''.
(b) Fiscal Year 1999 Disposal Authority.--Section 3303(a)
of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 98d note), as
amended by section 3302 of the Ronald W. Reagan National
Defense Authorization Act for Year 2005 (Public Law 108-375;
118 Stat. 2193), section 3302 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3545), and section 3302(a) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 120 Stat. 2513), is amended by striking ``$1,016,000,000
by the end of fiscal year 2014'' in paragraph (7) and inserting
``$1,066,000,000 by the end of fiscal year 2015''.
SEC. 1413. DISPOSAL OF FERROMANGANESE.
(a) Disposal Authorized.--The Secretary of Defense may
dispose of up to 50,000 tons of ferromanganese from the
National Defense Stockpile during fiscal year 2008.
(b) Contingent Authority for Additional Disposal.--
(1) In general.--If the Secretary of Defense enters
into a contract for the disposal of the total quantity
of ferromanganese authorized for disposal by subsection
(a) before September 30, 2008, the Secretary of Defense
may dispose of up to an additional 25,000 tons of
ferromanganese from the National Defense Stockpile
before that date.
(2) Additional amounts.--If the Secretary enters
into a contract for the disposal of the total quantity
of additional ferromanganese authorized for disposal by
paragraph (1) before September 30, 2008, the Secretary
may dispose of up to an additional 25,000 tons of
ferromanganese from the National Defense Stockpile
before that date.
(c) Certification.--The Secretary of Defense may dispose of
ferromanganese under the authority of paragraph (1) or (2) of
subsection (b) only if the Secretary submits to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives, written certification
that--
(1) the disposal of the additional ferromanganese
from the National Defense Stockpile under such
paragraph is in the interest of national defense;
(2) the disposal of the additional ferromanganese
under such paragraph will not cause disruption to the
usual markets of producers and processors of
ferromanganese in the United States; and
(3) the disposal of the additional ferromanganese
under such paragraph is consistent with the
requirements and purpose of the National Defense
Stockpile.
(d) National Defense Stockpile Defined.--In this section,
the term ``National Defense Stockpile'' means the stockpile
provided for in section 4 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98c).
SEC. 1414. 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.
(b) Contingent Authority for Additional Disposal.--
(1) In general.--If the Secretary of Defense
completes the disposal of the total quantity of chrome
metal authorized for disposal by subsection (a) before
September 30, 2008, the Secretary of Defense may
dispose of up to an additional 250 short tons of chrome
metal from the National Defense Stockpile before that
date.
(2) Additional amounts.--If the Secretary completes
the disposal of the total quantity of additional chrome
metal 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.
(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 to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives, not later than 30
days before the commencement of disposal under the applicable
paragraph, written certification that--
(1) the disposal of the additional chrome metal
from the National Defense Stockpile is in the interest
of national defense;
(2) the disposal of the additional chrome metal
will not cause disruption to the usual markets of
producers and processors of chrome metal in the United
States; and
(3) the disposal of the additional chrome metal is
consistent with the requirements and purpose of the
National Defense Stockpile.
(d) National Defense Stockpile Defined.--In this section,
the term ``National Defense Stockpile'' means the stockpile
provided for in section 4 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98c).
Subtitle C--Armed Forces Retirement Home
SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
HOME.
There is authorized to be appropriated for fiscal year 2008
from the Armed Forces Retirement Home Trust Fund the sum of
$61,624,000 for the operation of the Armed Forces Retirement
Home.
SEC. 1422. ADMINISTRATION AND OVERSIGHT OF THE ARMED FORCES RETIREMENT
HOME.
(a) Role of Secretary of Defense.--Section 1511 of the
Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411) is
amended--
(1) in subsection (d), by adding at the end the
following new paragraph:
``(3) The administration of the Retirement Home (including
administration for the provision of health care and medical
care for residents) shall remain under the direct authority,
control, and administration of the Secretary of Defense.''; and
(2) in subsection (h), by adding at the end the
following new sentence: ``The annual report shall
include an assessment of all aspects of each facility
of the Retirement Home, including the quality of care
at the facility.''.
(b) Accreditation.--Subsection (g) of section 1511 of the
Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411) is
amended to read as follows:
``(g) Accreditation.--The Chief Operating Officer shall
secure and maintain accreditation by a nationally recognized
civilian accrediting organization for each aspect of each
facility of the Retirement Home, including medical and dental
care, pharmacy, independent living, and assisted living and
nursing care.''.
(c) Spectrum of Care.--Section 1513(b) of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 413(b)) is amended by
inserting after the first sentence the following new sentence:
``The services provided residents of the Retirement Home shall
include appropriate nonacute medical and dental services,
pharmaceutical services, and transportation of residents, which
shall be provided at no cost to residents.''.
(d) Senior Medical Advisor for Retirement Home.--
(1) Designation and duties of senior medical
advisor.--The Armed Forces Retirement Home Act of 1991
is amended by inserting after section 1513 (24 U.S.C.
413) the following new section:
``SEC. 1513A. IMPROVED HEALTH CARE OVERSIGHT OF RETIREMENT HOME.
``(a) Designation of Senior Medical Advisor.--(1) The
Secretary of Defense shall designate the Deputy Director of the
TRICARE Management Activity to serve as the Senior Medical
Advisor for the Retirement Home.
``(2) The Deputy Director of the TRICARE Management
Activity shall serve as Senior Medical Advisor for the
Retirement Home in addition to performing all other duties and
responsibilities assigned to the Deputy Director of the TRICARE
Management Activity at the time of the designation under
paragraph (1) or afterward.
``(b) Responsibilities.--(1) The Senior Medical Advisor
shall provide advice to the Secretary of Defense, the Under
Secretary of Defense for Personnel and Readiness, and the Chief
Operating Officer regarding the direction and oversight of the
provision of medical, preventive mental health, and dental care
services at each facility of the Retirement Home.
``(2) The Senior Medical Advisor shall also provide advice
to the Local Board for a facility of the Retirement Home
regarding all medical and medical administrative matters of the
facility.
``(c) Duties.--In carrying out the responsibilities set
forth in subsection (b), the Senior Medical Advisor shall
perform the following duties:
``(1) Ensure the timely availability to residents
of the Retirement Home, at locations other than the
Retirement Home, of such acute medical, mental health,
and dental care as such resident may require that is
not available at the applicable facility of the
Retirement Home.
``(2) Ensure compliance by the facilities of the
Retirement Home with accreditation standards,
applicable health care standards of the Department of
Veterans Affairs, or any other applicable health care
standards and requirements (including requirements
identified in applicable reports of the Inspector
General of the Department of Defense).
``(3) Periodically visit and inspect the medical
facilities and medical operations of each facility of
the Retirement Home.
``(4) Periodically examine and audit the medical
records and administration of the Retirement Home.
``(5) Consult with the Local Board for each
facility of the Retirement Home not less frequently
than once each year.
``(d) Advisory Bodies.--In carrying out the
responsibilities set forth in subsection (b) and the duties set
forth in subsection (c), the Senior Medical Advisor may
establish and seek the advice of such advisory bodies as the
Senior Medical Advisor considers appropriate.''.
(2) Clerical amendment.--The table of contents in
section 1501(b) of the Armed Forces Retirement Home Act
of 1991 (24 U.S.C. 401 note) is amended by inserting
after the item relating to section 1513 the following
new item:
``1513A. Improved health care oversight of Retirement Home.''.
(e) Local Boards of Trustees.--
(1) Duties.--Subsection (b) of section 1516 of the
Armed Forces Retirement Home Act of 1991 (24 U.S.C.
416) is amended to read as follows:
``(b) Duties.--(1) The Local Board for a facility shall
serve in an advisory capacity to the Director of the facility
and to the Chief Operating Officer.
``(2) The Local Board for a facility shall provide to the
Chief Operating Officer and the Director of the facility such
guidance and recommendations on the administration of the
facility as the Local Board considers appropriate.
``(3) Not less often than annually, the Local Board for a
facility shall provide to the Under Secretary of Defense for
Personnel and Readiness an assessment of all aspects of the
facility, including the quality of care at the facility.''.
(2) Composition.--Subparagraph (K) of subsection
(c) of such section is amended to read as follows:
``(K) One senior representative of one of the chief
personnel officers of the Armed Forces, who shall be a
commissioned officer of the Armed Forces serving on
active duty in the grade of brigadier general, or in
the case of the Navy or Coast Guard, rear admiral
(lower half).''.
(f) Inspection of Retirement Home.--Section 1518 of the
Armed Forces Retirement Home Act of 1991 (24 U.S.C. 418) is
amended to read as follows:
``SEC. 1518. INSPECTION OF RETIREMENT HOME.
``(a) Duty of Inspector General of the Department of
Defense.--The Inspector General of the Department of Defense
shall have the duty to inspect the Retirement Home.
``(b) Inspections by Inspector General.--(1) In any year in
which a facility of the Retirement Home is not inspected by a
nationally recognized civilian accrediting organization, the
Inspector General of the Department of Defense shall perform a
comprehensive inspection of all aspects of that facility,
including independent living, assisted living, medical and
dental care, pharmacy, financial and contracting records, and
any aspect of either facility on which the Local Board for the
facility or the resident advisory committee or council of the
facility recommends inspection.
``(2) The Inspector General shall be assisted in
inspections under this subsection by a medical inspector
general of a military department designated for purposes of
this subsection by the Secretary of Defense.
``(3) In conducting the inspection of a facility of the
Retirement Home under this subsection, the Inspector General
shall solicit concerns, observations, and recommendations from
the Local Board for the facility, the resident advisory
committee or council of the facility, and the residents of the
facility. Any concerns, observations, and recommendations
solicited from residents shall be solicited on a not-for-
attribution basis.
``(4) The Chief Operating Officer and the Director of each
facility of the Retirement Home shall make all staff, other
personnel, and records of each facility available to the
Inspector General in a timely manner for purposes of
inspections under this subsection.
``(c) Reports on Inspections by Inspector General.--(1) The
Inspector General shall prepare a report describing the results
of each inspection conducted of a facility of the Retirement
Home under subsection (b), and include in the report such
recommendations as the Inspector General considers appropriate
in light of the inspection. Not later than 45 days after
completing the inspection of the facility, the Inspector
General shall submit the report to Congress and the Secretary
of Defense, the Under Secretary of Defense for Personnel and
Readiness, the Chief Operating Officer, the Director of the
facility, the Senior Medical Advisor, and the Local Board for
the facility.
``(2) Not later than 45 days after receiving a report of
the Inspector General under paragraph (1), the Director of the
facility concerned shall submit the Secretary of Defense, the
Under Secretary of Defense for Personnel and Readiness, the
Chief Operating Officer, and the Local Board for the facility,
and to Congress, a plan to address the recommendations and
other matters set forth in the report.
``(d) Additional Inspections.--(1) The Chief Operating
Officer shall request the inspection of each facility of the
Retirement Home by a nationally recognized civilian accrediting
organization in accordance with section 1511(g).
``(2) The Chief Operating Officer and the Director of a
facility being inspected under this subsection shall make all
staff, other personnel, and records of the facility available
to the civilian accrediting organization in a timely manner for
purposes of inspections under this subsection.
``(e) Reports on Additional Inspections.--(1) Not later
than 45 days after receiving a report of an inspection from the
civilian accrediting organization under subsection (d), the
Director of the facility concerned shall submit to the Under
Secretary of Defense for Personnel and Readiness, the Chief
Operating Officer, and the Local Board for the facility a
report containing--
``(A) the results of the inspection; and
``(B) a plan to address any recommendations and
other matters set forth in the report.
``(2) Not later than 45 days after receiving a report and
plan under paragraph (1), the Secretary of Defense shall submit
the report and plan to Congress.''.
(g) Armed Forces Retirement Home Trust Fund.--Section 1519
of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 419)
is amended by adding at the end the following new subsection:
``(d) Reporting Requirements.--The Chief Financial Officer
of the Armed Forces Retirement Home shall comply with the
reporting requirements of subchapter II of chapter 35 of title
31, United States Code.''.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION
IRAQI FREEDOM AND OPERATION ENDURING FREEDOM
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Air Force procurement.
Sec. 1505. Joint Improvised Explosive Device Defeat Fund.
Sec. 1506. Defense-wide activities procurement.
Sec. 1507. Research, development, test, and evaluation.
Sec. 1508. Operation and maintenance.
Sec. 1509. Working capital funds.
Sec. 1510. Other Department of Defense programs.
Sec. 1511. Iraq Freedom Fund.
Sec. 1512. Iraq Security Forces Fund.
Sec. 1513. Afghanistan Security Forces Fund.
Sec. 1514. Military personnel.
Sec. 1515. Strategic Readiness Fund.
Sec. 1516. Treatment as additional authorizations.
Sec. 1517. Special transfer authority.
SEC. 1501. PURPOSE.
The purpose of this title is to authorize appropriations
for the Department of Defense for fiscal year 2008 to provide
additional funds for Operation Iraqi Freedom and Operation
Enduring Freedom.
SEC. 1502. ARMY PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for procurement accounts of the Army in amounts as
follows:
(1) For aircraft procurement, $2,086,864,000.
(2) For ammunition procurement, $513,600,000.
(3) For weapons and tracked combat vehicles
procurement, $7,289,697,000.
(4) For missile procurement, $641,764,000.
(5) For other procurement, $32,478,568,000.
SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.
(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2008 for procurement accounts for the Navy in
amounts as follows:
(1) For aircraft procurement, $3,908,458,000.
(2) For weapons procurement, $318,281,000.
(3) For other procurement, $1,870,597,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2008 for the procurement account
for the Marine Corps in the amount of $5,519,740,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for fiscal year 2008 for the
procurement account for ammunition for the Navy and the Marine
Corps in the amount of $609,890,000.
SEC. 1504. AIR FORCE PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for procurement accounts for the Air Force in amounts
as follows:
(1) For aircraft procurement, $5,828,239,000.
(2) For ammunition procurement, $104,405,000.
(3) For missile procurement, $1,800,000.
(4) For other procurement, $4,528,126,000.
SEC. 1505. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
(a) Authorization of Appropriations.--Funds are hereby
authorized for fiscal year 2008 for the Joint Improvised
Explosive Device Defeat Fund in the amount of $4,541,000,000.
(b) Use and Transfer of Funds.--Subsections (b) and (c) of
section 1514 of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2439)
shall apply to the funds appropriated pursuant to the
authorization of appropriations in subsection (a).
(c) Revision of Management Plan.--The Secretary of Defense
shall revise the management plan required by section 1514(d) of
the John Warner National Defense Authorization Act for Fiscal
Year 2007 to identify projected transfers and obligations
through September 30, 2008.
(d) Duration of Authority.--Section 1514(f) of the John
Warner National Defense Authorization Act for Fiscal Year 2007
is amended by striking ``September 30, 2009'' and inserting
``September 30, 2010''.
SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for the procurement account for Defense-wide in the
amount of $768,157,000.
SEC. 1507. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $183,299,000.
(2) For the Navy, $695,996,000.
(3) For the Air Force, $1,457,710,000.
(4) For Defense-wide activities, $1,320,088,000.
SEC. 1508. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for the use of the Armed Forces for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1) For the Army, $54,929,551,000.
(2) For the Navy, $6,249,793,000.
(3) For the Marine Corps, $4,674,688,000.
(4) For the Air Force, $10,798,473,000.
(5) For Defense-wide activities, $6,424,085,000.
(6) For the Army Reserve, $196,694,000.
(7) For the Navy Reserve, $83,407,000.
(8) For the Marine Corps Reserve, $68,193,000.
(9) For the Army National Guard, $757,008,000.
(10) For the Air Force Reserve, $24,266,000.
(11) For the Air National Guard, $103,267,000.
SEC. 1509. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for providing capital
for working capital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds,
$1,957,675,000.
(2) For the National Defense Sealift Fund,
$5,110,000.
SEC. 1510. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) Defense Health Program.--Funds are hereby authorized to
be appropriated for the Department of Defense for fiscal year
2008 for expenses, not otherwise provided for, for the Defense
Health Program in the amount of $1,137,442,000 for operation
and maintenance.
(b) Drug Interdiction and Counter-Drug Activities, Defense-
Wide.--Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2008 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-Drug
Activities, Defense-wide in the amount of $257,618,000.
(c) Defense Inspector General.--Funds are hereby 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 $4,394,000 for operation and maintenance.
SEC. 1511. 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 $207,500,000.
(b) Transfer.--
(1) Transfer authorized.--Subject to paragraph (2),
amounts authorized to be appropriated by subsection (a)
may be transferred from the Iraq Freedom Fund to any
accounts as follows:
(A) Operation and maintenance accounts of
the Armed Forces.
(B) Military personnel accounts.
(C) Research, development, test, and
evaluation accounts of the Department of
Defense.
(D) Procurement accounts of the Department
of Defense.
(E) Accounts providing funding for
classified programs.
(F) The operating expenses account of the
Coast Guard.
(2) Notice to congress.--A transfer may not be made
under the authority in paragraph (1) until five days
after the date on which the Secretary of Defense
notifies the congressional defense committees in
writing of the transfer.
(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.
(4) Effect on authorization amounts.--A transfer of
an amount to an account under the authority in
paragraph (1) shall be deemed to increase the amount
authorized for such account by an amount equal to the
amount transferred.
SEC. 1512. IRAQ SECURITY FORCES FUND.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal year 2008 for the Iraq
Security Forces Fund in the amount of $3,000,000,000.
(b) Use of Funds.--
(1) In general.--Funds appropriated pursuant to
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.
(2) Types of assistance authorized.--Assistance
provided under this section may include the provision
of equipment, supplies, services, training, facility
and infrastructure repair, renovation, construction,
and funding.
(3) Secretary of state concurrence.--Assistance may
be provided under this section only with the
concurrence of the Secretary of State.
(c) Authority in Addition to Other Authorities.--The
authority to provide assistance under this section is in
addition to any other authority to provide assistance to
foreign nations.
(d) Transfer Authority.--
(1) Transfers authorized.--Subject to paragraph
(2), amounts authorized to be appropriated by
subsection (a) may be transferred from the Iraq
Security Forces Fund to any of the following accounts
and funds of the Department of Defense to accomplish
the purposes provided in subsection (b):
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(C) Procurement accounts.
(D) Research, development, test, and
evaluation accounts.
(E) Defense working capital funds.
(F) Overseas Humanitarian, Disaster, and
Civic Aid account.
(2) Additional authority.--The transfer authority
provided by paragraph (1) is in addition to any other
transfer authority available to the Department of
Defense.
(3) Transfers back to the fund.--Upon determination
that all or part of the funds transferred from the Iraq
Security Forces Fund under paragraph (1) are not
necessary for the purpose provided, such funds may be
transferred back to the Iraq Security Forces Fund.
(4) Effect on authorization amounts.--A transfer of
an amount to an account under the authority in
paragraph (1) shall be deemed to increase the amount
authorized for such account by an amount equal to the
amount transferred.
(e) Notice to Congress.--Funds may not be obligated from
the Iraq Security Forces Fund, or transferred under the
authority provided in subsection (d)(1), until five days after
the date on which the Secretary of Defense notifies the
congressional defense committees in writing of the details of
the proposed obligation or transfer.
(f) Contributions.--
(1) Authority to accept contributions.--Subject to
paragraph (2), the Secretary of Defense may accept
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.
(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.
(3) Use.--Amounts accepted under this subsection
shall be available for assistance authorized by
subsection (b), including transfer under subsection (d)
for that purpose.
(4) Notification.--The Secretary shall notify the
congressional defense committees, the Committee on
Foreign Relations of the Senate, and the Committee on
Foreign Affairs of the House of Representatives, in
writing, upon the acceptance, and upon the transfer
under subsection (d), of any contribution under this
subsection. Such notice shall specify the source and
amount of any amount so accepted and the use of any
amount so accepted.
(g) Quarterly Reports.--Not later than 30 days after the
end of each fiscal-year quarter, the Secretary of Defense shall
submit to the congressional defense committees a report
summarizing the details of any obligation or transfer of funds
from the Iraq Security Forces Fund during such fiscal-year
quarter.
(h) Duration of Authority.--Amounts authorized to be
appropriated or contributed to the Iraq Security Forces Fund
during fiscal year 2008 are available for obligation or
transfer from the Iraq Security Forces Fund in accordance with
this section until September 30, 2009.
SEC. 1513. AFGHANISTAN SECURITY FORCES FUND.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal year 2008 for the
Afghanistan Security Forces Fund in the amount of
$2,700,000,000.
(b) Use of Funds.--
(1) In general.--Funds authorized to be
appropriated by subsection (a) shall be available to
the Secretary of Defense to provide assistance to the
security forces of Afghanistan.
(2) Types of assistance authorized.--Assistance
provided under this section may include the provision
of equipment, supplies, services, training, facility
and infrastructure repair, renovation, construction,
and funds.
(3) Secretary of state concurrence.--Assistance may
be provided under this section only with the
concurrence of the Secretary of State.
(c) Authority in Addition to Other Authorities.--The
authority to provide assistance under this section is in
addition to any other authority to provide assistance to
foreign nations.
(d) Transfer Authority.--
(1) Transfers authorized.--Subject to paragraph
(2), amounts authorized to be appropriated by
subsection (a) may be transferred from the Afghanistan
Security Forces Fund to any of the following accounts
and funds of the Department of Defense to accomplish
the purposes provided in subsection (b):
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(C) Procurement accounts.
(D) Research, development, test, and
evaluation accounts.
(E) Defense working capital funds.
(F) Overseas Humanitarian, Disaster, and
Civic Aid.
(2) Additional authority.--The transfer authority
provided by paragraph (1) is in addition to any other
transfer authority available to the Department of
Defense.
(3) Transfers back to fund.--Upon a determination
that all or part of the funds transferred from the
Afghanistan 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.
(4) Effect on authorization amounts.--A transfer of
an amount to an account under the authority in
paragraph (1) shall be deemed to increase the amount
authorized for such account by an amount equal to the
amount transferred.
(e) Prior Notice to Congress of Obligation or Transfer.--
Funds may not be obligated from the Afghanistan Security Forces
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.
(f) Contributions.--
(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.
(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.
(3) Use.--Amounts accepted under this subsection
shall be available for assistance authorized by
subsection (b), including transfer under subsection (d)
for that purpose.
(4) Notification.--The Secretary shall notify the
congressional defense committees, the Committee on
Foreign Relations of the Senate, and the Committee on
Foreign Affairs of the House of Representatives, in
writing, upon the acceptance, and upon the transfer
under subsection (d), of any contribution under this
subsection. Such notice shall specify the source and
amount of any amount so accepted and the use of any
amount so accepted.
(g) Quarterly Reports.--Not later than 30 days after the
end of each fiscal-year quarter, the Secretary of Defense shall
submit to the congressional defense committees a report
summarizing the details of any obligation or transfer of funds
from the Afghanistan Security Forces Fund during such fiscal-
year quarter.
(h) Duration of Authority.--Amounts authorized to be
appropriated or contributed to the Afghanistan Security Forces
Fund during fiscal year 2008 are available for obligation or
transfer from the Afghanistan Security Forces Fund in
accordance with this section until September 30, 2009.
SEC. 1514. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel accounts for
fiscal year 2008 a total of $17,912,510,000.
SEC. 1515. STRATEGIC READINESS FUND.
There is authorized to be appropriated $1,000,000,000 to
the Strategic Readiness Fund.
SEC. 1516. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are
in addition to amounts otherwise authorized to be appropriated
by this Act.
SEC. 1517. SPECIAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary
of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts
of authorizations made available to the Department of
Defense in this title for fiscal year 2008 between any
such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for
the same purposes as the authorization to which
transferred.
(2) Limitation.--The total amount of authorizations
that the Secretary may transfer under the authority of
this section may not exceed $3,500,000,000.
(b) Terms and Conditions.--Transfers under this section
shall be subject to the same terms and conditions as transfers
under section 1001.
(c) Additional Authority.--The transfer authority provided
by this section is in addition to the transfer authority
provided under section 1001.
TITLE XVI--WOUNDED WARRIOR MATTERS
Sec. 1601. Short title.
Sec. 1602. General definitions.
Sec. 1603. Consideration of gender-specific needs of recovering service
members and veterans.
Subtitle A--Policy on Improvements to Care, Management, and Transition
of Recovering Service Members
Sec. 1611. Comprehensive policy on improvements to care, management, and
transition of recovering service members.
Sec. 1612. Medical evaluations and physical disability evaluations of
recovering service members.
Sec. 1613. Return of recovering service members to active duty in the
Armed Forces.
Sec. 1614. Transition of recovering service members from care and
treatment through the Department of Defense to care,
treatment, and rehabilitation through the Department of
Veterans Affairs.
Sec. 1615. Reports.
Sec. 1616. Establishment of a wounded warrior resource center.
Sec. 1617. Notification to Congress of hospitalization of combat wounded
service members.
Sec. 1618. Comprehensive plan on prevention, diagnosis, mitigation,
treatment, and rehabilitation of, and research on, traumatic
brain injury, post-traumatic stress disorder, and other mental
health conditions in members of the Armed Forces.
Subtitle B--Centers of Excellence in the Prevention, Diagnosis,
Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury,
Post-Traumatic Stress Disorder, and Eye Injuries
Sec. 1621. Center of excellence in the prevention, diagnosis,
mitigation, treatment, and rehabilitation of traumatic brain
injury.
Sec. 1622. Center of excellence in prevention, diagnosis, mitigation,
treatment, and rehabilitation of post-traumatic stress
disorder and other mental health conditions.
Sec. 1623. Center of excellence in prevention, diagnosis, mitigation,
treatment, and rehabilitation of military eye injuries.
Sec. 1624. Report on establishment of centers of excellence.
Subtitle C--Health Care Matters
Sec. 1631. Medical care and other benefits for members and former
members of the Armed Forces with severe injuries or illnesses.
Sec. 1632. Reimbursement of travel expenses of retired members with
combat-related disabilities for follow-on specialty care,
services, and supplies.
Sec. 1633. Respite care and other extended care benefits for members of
the uniformed services who incur a serious injury or illness
on active duty.
Sec. 1634. Reports.
Sec. 1635. Fully interoperable electronic personal health information
for the Department of Defense and Department of Veterans
Affairs.
Sec. 1636. Enhanced personnel authorities for the Department of Defense
for health care professionals for care and treatment of
wounded and injured members of the Armed Forces.
Sec. 1637. Continuation of transitional health benefits for members of
the Armed Forces pending resolution of service-related medical
conditions.
Subtitle D--Disability Matters
Sec. 1641. Utilization of veterans' presumption of sound condition in
establishing eligibility of members of the Armed Forces for
retirement for disability.
Sec. 1642. Requirements and limitations on Department of Defense
determinations of disability with respect to members of the
Armed Forces.
Sec. 1643. Review of separation of members of the Armed Forces separated
from service with a disability rating of 20 percent disabled
or less.
Sec. 1644. Authorization of pilot programs to improve the disability
evaluation system for members of the Armed Forces.
Sec. 1645. Reports on Army action plan in response to deficiencies in
the Army physical disability evaluation system.
Sec. 1646. Enhancement of disability severance pay for members of the
Armed Forces.
Sec. 1647. Assessments of continuing utility and future role of
temporary disability retired list.
Sec. 1648. Standards for military medical treatment facilities,
specialty medical care facilities, and military quarters
housing patients and annual report on such facilities.
Sec. 1649. Reports on Army Medical Action Plan in response to
deficiencies identified at Walter Reed Army Medical Center,
District of Columbia.
Sec. 1650. Required certifications in connection with closure of Walter
Reed Army Medical Center, District of Columbia.
Sec. 1651. Handbook for members of the Armed Forces on compensation and
benefits available for serious injuries and illnesses.
Subtitle E--Studies and Reports
Sec. 1661. Study on physical and mental health and other readjustment
needs of members and former members of the Armed Forces who
deployed in Operation Iraqi Freedom and Operation Enduring
Freedom and their families.
Sec. 1662. Access of recovering service members to adequate outpatient
residential facilities.
Sec. 1663. Study and report on support services for families of
recovering service members.
Sec. 1664. Report on traumatic brain injury classifications.
Sec. 1665. Evaluation of the Polytrauma Liaison Officer/Non-Commissioned
Officer program.
Subtitle F--Other Matters
Sec. 1671. Prohibition on transfer of resources from medical care.
Sec. 1672. Medical care for families of members of the Armed Forces
recovering from serious injuries or illnesses.
Sec. 1673. Improvement of medical tracking system for members of the
Armed Forces deployed overseas.
Sec. 1674. Guaranteed funding for Walter Reed Army Medical Center,
District of Columbia.
Sec. 1675. Use of leave transfer program by wounded veterans who are
Federal employees.
Sec. 1676. Moratorium on conversion to contractor performance of
Department of Defense functions at military medical
facilities.
SEC. 1601. SHORT TITLE.
This title may be cited as the ``Wounded Warrior Act''.
SEC. 1602. GENERAL DEFINITIONS.
In this title:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committees on Armed Services,
Veterans' Affairs, and Appropriations of the
Senate; and
(B) the Committees on Armed Services,
Veterans' Affairs, and Appropriations of the
House of Representatives.
(2) Benefits delivery at discharge program.--The
term ``Benefits Delivery at Discharge Program'' means a
program administered jointly by the Secretary of
Defense and the Secretary of Veterans Affairs to
provide information and assistance on available
benefits and other transition assistance to members of
the Armed Forces who are separating from the Armed
Forces, including assistance to obtain any disability
benefits for which such members may be eligible.
(3) Disability evaluation system.--The term
``Disability Evaluation System'' means the following:
(A) A system or process of the Department
of Defense for evaluating the nature and extent
of disabilities affecting members of the Armed
Forces that is operated by the Secretaries of
the military departments and is comprised of
medical evaluation boards, physical evaluation
boards, counseling of members, and mechanisms
for the final disposition of disability
evaluations by appropriate personnel.
(B) A system or process of the Coast Guard
for evaluating the nature and extent of
disabilities affecting members of the Coast
Guard that is operated by the Secretary of
Homeland Security and is similar to the system
or process of the Department of Defense
described in subparagraph (A).
(4) Eligible family member.--The term ``eligible
family member'', with respect to a recovering service
member, means a family member (as defined in section
411h(b) of title 37, United States Code) who is on
invitational travel orders or serving as a non-medical
attendee while caring for the recovering service member
for more than 45 days during a one-year period.
(5) Medical care.--The term ``medical care''
includes mental health care.
(6) Outpatient status.--The term ``outpatient
status'', with respect to a recovering service member,
means the status of a recovering service member
assigned to--
(A) a military medical treatment facility
as an outpatient; or
(B) a unit established for the purpose of
providing command and control of members of the
Armed Forces receiving medical care as
outpatients.
(7) Recovering service member.--The term
``recovering service member'' means a member of the
Armed Forces, including a member of the National Guard
or a Reserve, who is undergoing medical treatment,
recuperation, or therapy and is in an outpatient status
while recovering from a serious injury or illness
related to the member's military service.
(8) Serious injury or illness.--The term ``serious
injury or illness'', in the case of a member of the
Armed Forces, means an injury or illness incurred by
the member in line of duty on active duty in the Armed
Forces that may render the member medically unfit to
perform the duties of the member's office, grade, rank,
or rating.
(9) TRICARE program.--The term ``TRICARE program''
has the meaning given that term in section 1072(7) of
title 10, United States Code.
SEC. 1603. CONSIDERATION OF GENDER-SPECIFIC NEEDS OF RECOVERING SERVICE
MEMBERS AND VETERANS.
(a) In General.--In developing and implementing the policy
required by section 1611(a), and in otherwise carrying out any
other provision of this title or any amendment made by this
title, the Secretary of Defense and the Secretary of Veterans
Affairs shall take into account and fully address any unique
gender-specific needs of recovering service members and
veterans under such policy or other provision.
(b) Reports.--In submitting any report required by this
title or an amendment made by this title, the Secretary of
Defense and the Secretary of Veterans Affairs shall, to the
extent applicable, include a description of the manner in which
the matters covered by such report address the unique gender-
specific needs of recovering service members and veterans.
Subtitle A--Policy on Improvements to Care, Management, and Transition
of Recovering Service Members
SEC. 1611. COMPREHENSIVE POLICY ON IMPROVEMENTS TO CARE, MANAGEMENT,
AND TRANSITION OF RECOVERING SERVICE MEMBERS.
(a) Comprehensive Policy Required.--
(1) In general.--Not later than July 1, 2008, the
Secretary of Defense and the Secretary of Veterans
Affairs shall, to the extent feasible, jointly develop
and implement a comprehensive policy on improvements to
the care, management, and transition of recovering
service members.
(2) Scope of policy.--The policy shall cover each
of the following:
(A) The care and management of recovering
service members.
(B) The medical evaluation and disability
evaluation of recovering service members.
(C) The return of service members who have
recovered to active duty when appropriate.
(D) The transition of recovering service
members from receipt of care and services
through the Department of Defense to receipt of
care and services through the Department of
Veterans Affairs.
(3) Consultation.--The Secretary of Defense and the
Secretary of Veterans Affairs shall develop the policy
in consultation with the heads of other appropriate
departments and agencies of the Federal Government and
with appropriate non-governmental organizations having
an expertise in matters relating to the policy.
(4) Update.--The Secretary of Defense and the
Secretary of Veterans Affairs shall jointly update the
policy on a periodic basis, but not less often than
annually, in order to incorporate in the policy, as
appropriate, the following:
(A) The results of the reviews required
under subsections (b) and (c).
(B) Best practices identified through pilot
programs carried out under this title.
(C) Improvements to matters under the
policy otherwise identified and agreed upon by
the Secretary of Defense and the Secretary of
Veterans Affairs.
(b) Review of Current Policies and Procedures.--
(1) Review required.--In developing the policy
required by subsection (a), the Secretary of Defense
and the Secretary of Veterans Affairs shall, to the
extent necessary, jointly and separately conduct a
review of all policies and procedures of the Department
of Defense and the Department of Veterans Affairs that
apply to, or shall be covered by, the policy.
(2) Purpose.--The purpose of the review shall be to
identify the most effective and patient-oriented
approaches to care and management of recovering service
members for purposes of--
(A) incorporating such approaches into the
policy; and
(B) extending such approaches, where
applicable, to the care and management of other
injured or ill members of the Armed Forces and
veterans.
(3) Elements.--In conducting the review, the
Secretary of Defense and the Secretary of Veterans
Affairs shall--
(A) identify among the policies and
procedures described in paragraph (1) best
practices in approaches to the care and
management of recovering service members;
(B) identify among such policies and
procedures existing and potential shortfalls in
the care and management of recovering service
members (including care and management of
recovering service members on the temporary
disability retired list), and determine means
of addressing any shortfalls so identified;
(C) determine potential modifications of
such policies and procedures in order to ensure
consistency and uniformity, where appropriate,
in the application of such policies and
procedures--
(i) among the military departments;
(ii) among the Veterans Integrated
Services Networks (VISNs) of the
Department of Veterans Affairs; and
(iii) between the military
departments and the Veterans Integrated
Services Networks; and
(D) develop recommendations for legislative
and administrative action necessary to
implement the results of the review.
(4) Deadline for completion.--The review shall be
completed not later than 90 days after the date of the
enactment of this Act.
(c) Consideration of Existing Findings, Recommendations,
and Practices.--In developing the policy required by subsection
(a), the Secretary of Defense and the Secretary of Veterans
Affairs shall take into account the following:
(1) The findings and recommendations of applicable
studies, reviews, reports, and evaluations that address
matters relating to the policy, including, but not
limited, to the following:
(A) The Independent Review Group on
Rehabilitative Care and Administrative
Processes at Walter Reed Army Medical Center
and National Naval Medical Center, appointed by
the Secretary of Defense.
(B) The Secretary of Veterans Affairs Task
Force on Returning Global War on Terror Heroes,
appointed by the President.
(C) The President's Commission on Care for
America's Returning Wounded Warriors.
(D) The Veterans' Disability Benefits
Commission established by title XV of the
National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1676;
38 U.S.C. 1101 note).
(E) The President's Task Force to Improve
Health Care Delivery for Our Nation's Veterans,
of March 2003.
(F) The Report of the Congressional
Commission on Servicemembers and Veterans
Transition Assistance, of 1999, chaired by
Anthony J. Principi.
(G) The President's Commission on Veterans'
Pensions, of 1956, chaired by General Omar N.
Bradley.
(2) The experience and best practices of the
Department of Defense and the military departments on
matters relating to the policy.
(3) The experience and best practices of the
Department of Veterans Affairs on matters relating to
the policy.
(4) Such other matters as the Secretary of Defense
and the Secretary of Veterans Affairs consider
appropriate.
(d) Training and Skills of Health Care Professionals,
Recovery Care Coordinators, Medical Care Case Managers, and
Non-Medical Care Managers for Recovering Service Members.--
(1) In general.--The policy required by subsection
(a) shall provide for uniform standards among the
military departments for the training and skills of
health care professionals, recovery care coordinators,
medical care case managers, and non-medical care
managers for recovering service members under
subsection (e) in order to ensure that such personnel
are able to--
(A) detect early warning signs of post-
traumatic stress disorder (PTSD), suicidal or
homicidal thoughts or behaviors, and other
behavioral health concerns among recovering
service members; and
(B) promptly notify appropriate health care
professionals following detection of such
signs.
(2) Tracking of notifications.--In providing for
uniform standards under paragraph (1), the policy shall
include a mechanism or system to track the number of
notifications made by recovery care coordinators,
medical care case managers, and non-medical care
managers to health care professionals under paragraph
(1)(A) regarding early warning signs of post-traumatic
stress disorder and suicide in recovering service
members.
(e) Services for Recovering Service Members.--The policy
required by subsection (a) shall provide for improvements as
follows with respect to the care, management, and transition of
recovering service members:
(1) Comprehensive recovery plan for recovering
service members.--The policy shall provide for uniform
standards and procedures for the development of a
comprehensive recovery plan for each recovering service
member that covers the full spectrum of care,
management, transition, and rehabilitation of the
service member during recovery.
(2) Recovery care coordinators for recovering
service members.--
(A) In general.--The policy shall provide
for a uniform program for the assignment to
recovering service members of recovery care
coordinators having the duties specified in
subparagraph (B).
(B) Duties.--The duties under the program
of a recovery care coordinator for a recovering
service member shall include, but not be
limited to, overseeing and assisting the
service member in the service member's course
through the entire spectrum of care,
management, transition, and rehabilitation
services available from the Federal Government,
including services provided by the Department
of Defense, the Department of Veterans Affairs,
the Department of Labor, and the Social
Security Administration.
(C) Limitation on number of service members
managed by coordinators.--The maximum number of
recovering service members whose cases may be
assigned to a recovery care coordinator under
the program at any one time shall be such
number as the policy shall specify, except that
the Secretary of the military department
concerned may waive such limitation with
respect to a given coordinator for not more
than 120 days in the event of unforeseen
circumstances (as specified in the policy).
(D) Training.--The policy shall specify
standard training requirements and curricula
for recovery care coordinators under the
program, including a requirement for successful
completion of the training program before a
person may assume the duties of such a
coordinator.
(E) Resources.--The policy shall include
mechanisms to ensure that recovery care
coordinators under the program have the
resources necessary to expeditiously carry out
the duties of such coordinators under the
program.
(F) Supervision.--The policy shall specify
requirements for the appropriate rank or grade,
and appropriate occupation, for persons
appointed to head and supervise recovery care
coordinators.
(3) Medical care case managers for recovering
service members.--
(A) In general.--The policy shall provide
for a uniform program among the military
departments for the assignment to recovering
service members of medical care case managers
having the duties specified in subparagraph
(B).
(B) Duties.--The duties under the program
of a medical care case manager for a recovering
service member (or the service member's
immediate family or other designee if the
service member is incapable of making judgments
about personal medical care) shall include, at
a minimum, the following:
(i) Assisting in understanding the
service member's medical status during
the care, recovery, and transition of
the service member.
(ii) Assisting in the receipt by
the service member of prescribed
medical care during the care, recovery,
and transition of the service member.
(iii) Conducting a periodic review
of the medical status of the service
member, which review shall be
conducted, to the extent practicable,
in person with the service member, or,
whenever the conduct of the review in
person is not practicable, with the
medical care case manager submitting to
the manager's supervisor a written
explanation why the review in person
was not practicable (if the Secretary
of the military department concerned
elects to require such written
explanations for purposes of the
program).
(C) Limitation on number of service members
managed by managers.--The maximum number of
recovering service members whose cases may be
assigned to a medical care case manager under
the program at any one time shall be such
number as the policy shall specify, except that
the Secretary of the military department
concerned may waive such limitation with
respect to a given manager for not more than
120 days in the event of unforeseen
circumstances (as specified in the policy).
(D) Training.--The policy shall specify
standard training requirements and curricula
for medical care case managers under the
program, including a requirement for successful
completion of the training program before a
person may assume the duties of such a manager.
(E) Resources.--The policy shall include
mechanisms to ensure that medical care case
managers under the program have the resources
necessary to expeditiously carry out the duties
of such managers under the program.
(F) Supervision at armed forces medical
facilities.--The policy shall specify
requirements for the appropriate rank or grade,
and appropriate occupation, for persons
appointed to head and supervise the medical
care case managers at each medical facility of
the Armed Forces. Persons so appointed may be
appointed from the Army Medical Corps, Army
Medical Service Corps, Army Nurse Corps, Navy
Medical Corps, Navy Medical Service Corps, Navy
Nurse Corps, Air Force Medical Service, or
other corps or civilian health care
professional, as applicable, at the discretion
of the Secretary of Defense.
(4) Non-medical care managers for recovering
service members.--
(A) In general.--The policy shall provide
for a uniform program among the military
departments for the assignment to recovering
service members of non-medical care managers
having the duties specified in subparagraph
(B).
(B) Duties.--The duties under the program
of a non-medical care manager for a recovering
service member shall include, at a minimum, the
following:
(i) Communicating with the service
member and with the service member's
family or other individuals designated
by the service member regarding non-
medical matters that arise during the
care, recovery, and transition of the
service member.
(ii) Assisting with oversight of
the service member's welfare and
quality of life.
(iii) Assisting the service member
in resolving problems involving
financial, administrative, personnel,
transitional, and other matters that
arise during the care, recovery, and
transition of the service member.
(C) Duration of duties.--The policy shall
provide that a non-medical care manager shall
perform duties under the program for a
recovering service member until the service
member is returned to active duty or retired or
separated from the Armed Forces.
(D) Limitation on number of service members
managed by managers.--The maximum number of
recovering service members whose cases may be
assigned to a non-medical care manager under
the program at any one time shall be such
number as the policy shall specify, except that
the Secretary of the military department
concerned may waive such limitation with
respect to a given manager for not more than
120 days in the event of unforeseen
circumstances (as specified in the policy).
(E) Training.--The policy shall specify
standard training requirements and curricula
among the military departments for non-medical
care managers under the program, including a
requirement for successful completion of the
training program before a person may assume the
duties of such a manager.
(F) Resources.--The policy shall include
mechanisms to ensure that non-medical care
managers under the program have the resources
necessary to expeditiously carry out the duties
of such managers under the program.
(G) Supervision at armed forces medical
facilities.--The policy shall specify
requirements for the appropriate rank and
occupational speciality for persons appointed
to head and supervise the non-medical care
managers at each medical facility of the Armed
Forces.
(5) Access of recovering service members to non-
urgent health care from the department of defense or
other providers under tricare.--
(A) In general.--The policy shall provide
for appropriate minimum standards for access of
recovering service members to non-urgent
medical care and other health care services as
follows:
(i) In medical facilities of the
Department of Defense.
(ii) Through the TRICARE program.
(B) Maximum waiting times for certain
care.--The standards for access under
subparagraph (A) shall include such standards
on maximum waiting times of recovering service
members as the policy shall specify for care
that includes, but is not limited to, the
following:
(i) Follow-up care
(ii) Specialty care.
(iii) Diagnostic referrals and
studies.
(iv) Surgery based on a physician's
determination of medical necessity.
(C) Waiver by recovering service members.--
The policy shall permit any recovering service
member to waive a standard for access under
this paragraph under such circumstances and
conditions as the policy shall specify.
(6) Assignment of recovering service members to
locations of care.--
(A) In general.--The policy shall provide
for uniform guidelines among the military
departments for the assignment of recovering
service members to a location of care,
including guidelines that provide for the
assignment of recovering service members, when
medically appropriate, to care and residential
facilities closest to their duty station or
home of record or the location of their
designated care giver at the earliest possible
time.
(B) Reassignment from deficient
facilities.--The policy shall provide for
uniform guidelines and procedures among the
military departments for the reassignment of
recovering service members from a medical or
medical-related support facility determined by
the Secretary of Defense to violate the
standards required by section 1648 to another
appropriate medical or medical-related support
facility until the correction of violations of
such standards at the medical or medical-
related support facility from which such
service members are reassigned.
(7) Transportation and subsistence for recovering
service members.--The policy shall provide for uniform
standards among the military departments on the
availability of appropriate transportation and
subsistence for recovering service members to
facilitate their obtaining needed medical care and
services.
(8) Work and duty assignments for recovering
service members.--The policy shall provide for uniform
criteria among the military departments for the
assignment of recovering service members to work and
duty assignments that are compatible with their medical
conditions.
(9) Access of recovering service members to
educational and vocational training and
rehabilitation.--The policy shall provide for uniform
standards among the military departments on the
provision of educational and vocational training and
rehabilitation opportunities for recovering service
members at the earliest possible point in their
recovery.
(10) Tracking of recovering service members.--The
policy shall provide for uniform procedures among the
military departments on tracking recovering service
members to facilitate--
(A) locating each recovering service
member; and
(B) tracking medical care appointments of
recovering service members to ensure timeliness
and compliance of recovering service members
with appointments, and other physical and
evaluation timelines, and to provide any other
information needed to conduct oversight of the
care, management, and transition of recovering
service members.
(11) Referrals of recovering service members to
other care and services providers.--The policy shall
provide for uniform policies, procedures, and criteria
among the military departments on the referral of
recovering service members to the Department of
Veterans Affairs and other private and public entities
(including universities and rehabilitation hospitals,
centers, and clinics) in order to secure the most
appropriate care for recovering service members, which
policies, procedures, and criteria shall take into
account, but not be limited to, the medical needs of
recovering service members and the geographic location
of available necessary recovery care services.
(f) Services for Families of Recovering Service Members.--
The policy required by subsection (a) shall provide for
improvements as follows with respect to services for families
of recovering service members:
(1) Support for family members of recovering
service members.--The policy shall provide for uniform
guidelines among the military departments on the
provision by the military departments of support for
family members of recovering service members who are
not otherwise eligible for care under section 1672 in
caring for such service members during their recovery.
(2) Advice and training for family members of
recovering service members.--The policy shall provide
for uniform requirements and standards among the
military departments on the provision by the military
departments of advice and training, as appropriate, to
family members of recovering service members with
respect to care for such service members during their
recovery.
(3) Measurement of satisfaction of family members
of recovering service members with quality of health
care services.--The policy shall provide for uniform
procedures among the military departments on the
measurement of the satisfaction of family members of
recovering service members with the quality of health
care services provided to such service members during
their recovery.
(4) Job placement services for family members of
recovering service members.--The policy shall provide
for procedures for application by eligible family
members during a one-year period for job placement
services otherwise offered by the Department of
Defense.
(g) Outreach to Recovering Service Members and Their
Families on Comprehensive Policy.--The policy required by
subsection (a) shall include procedures and mechanisms to
ensure that recovering service members and their families are
fully informed of the policies required by this section,
including policies on medical care for recovering service
members, on the management and transition of recovering service
members, and on the responsibilities of recovering service
members and their family members throughout the continuum of
care and services for recovering service members under this
section.
(h) Applicability of Comprehensive Policy to Recovering
Service Members on Temporary Disability Retired List.--
Appropriate elements of the policy required by this section
shall apply to recovering service members whose names are
placed on the temporary disability retired list in such manner,
and subject to such terms and conditions, as the Secretary of
Defense shall prescribe in regulations for purposes of this
subsection.
SEC. 1612. MEDICAL EVALUATIONS AND PHYSICAL DISABILITY EVALUATIONS OF
RECOVERING SERVICE MEMBERS.
(a) Medical Evaluations of Recovering Service Members.--
(1) In general.--Not later than July 1, 2008, the
Secretary of Defense shall develop a policy on
improvements to the processes, procedures, and
standards for the conduct by the military departments
of medical evaluations of recovering service members.
(2) Elements.--The policy on improvements to
processes, procedures, and standards required under
this subsection shall include and address the
following:
(A) Processes for medical evaluations of
recovering service members that--
(i) apply uniformly throughout the
military departments; and
(ii) apply uniformly with respect
to recovering service members who are
members of the regular components of
the Armed Forces and recovering service
members who are members of the National
Guard and Reserve.
(B) Standard criteria and definitions for
determining the achievement for recovering
service members of the maximum medical benefit
from treatment and rehabilitation.
(C) Standard timelines for each of the
following:
(i) Determinations of fitness for
duty of recovering service members.
(ii) Specialty care consultations
for recovering service members.
(iii) Preparation of medical
documents for recovering service
members.
(iv) Appeals by recovering service
members of medical evaluation
determinations, including
determinations of fitness for duty.
(D) Procedures for ensuring that--
(i) upon request of a recovering
service member being considered by a
medical evaluation board, a physician
or other appropriate health care
professional who is independent of the
medical evaluation board is assigned to
the service member; and
(ii) the physician or other health
care professional assigned to a
recovering service member under clause
(i)--
(I) serves as an
independent source for review
of the findings and
recommendations of the medical
evaluation board;
(II) provides the service
member with advice and counsel
regarding the findings and
recommendations of the medical
evaluation board; and
(III) advises the service
member on whether the findings
of the medical evaluation board
adequately reflect the complete
spectrum of injuries and
illness of the service member.
(E) Standards for qualifications and
training of medical evaluation board personnel,
including physicians, case workers, and
physical disability evaluation board liaison
officers, in conducting medical evaluations of
recovering service members.
(F) Standards for the maximum number of
medical evaluation cases of recovering service
members that are pending before a medical
evaluation board at any one time, and
requirements for the establishment of
additional medical evaluation boards in the
event such number is exceeded.
(G) Standards for information for
recovering service members, and their families,
on the medical evaluation board process and the
rights and responsibilities of recovering
service members under that process, including a
standard handbook on such information (which
handbook shall also be available
electronically).
(b) Physical Disability Evaluations of Recovering Service
Members.--
(1) In general.--Not later than July 1, 2008, the
Secretary of Defense and the Secretary of Veterans
Affairs shall develop a policy on improvements to the
processes, procedures, and standards for the conduct of
physical disability evaluations of recovering service
members by the military departments and by the
Department of Veterans Affairs.
(2) Elements.--The policy on improvements to
processes, procedures, and standards required under
this subsection shall include and address the
following:
(A) A clearly-defined process of the
Department of Defense and the Department of
Veterans Affairs for disability determinations
of recovering service members.
(B) To the extent feasible, procedures to
eliminate unacceptable discrepancies and
improve consistency among disability ratings
assigned by the military departments and the
Department of Veterans Affairs, particularly in
the disability evaluation of recovering service
members, which procedures shall be subject to
the following requirements and limitations:
(i) Such procedures shall apply
uniformly with respect to recovering
service members who are members of the
regular components of the Armed Forces
and recovering service members who are
members of the National Guard and
Reserve.
(ii) Under such procedures, each
Secretary of a military department
shall, to the extent feasible, utilize
the standard schedule for rating
disabilities in use by the Department
of Veterans Affairs, including any
applicable interpretation of such
schedule by the United States Court of
Appeals for Veterans Claims, in making
any determination of disability of a
recovering service member, except as
otherwise authorized by section 1216a
of title 10, United States Code (as
added by section 1642 of this Act).
(C) Uniform timelines among the military
departments for appeals of determinations of
disability of recovering service members,
including timelines for presentation,
consideration, and disposition of appeals.
(D) Uniform standards among the military
departments for qualifications and training of
physical disability evaluation board personnel,
including physical evaluation board liaison
personnel, in conducting physical disability
evaluations of recovering service members.
(E) Uniform standards among the military
departments for the maximum number of physical
disability evaluation cases of recovering
service members that are pending before a
physical disability evaluation board at any one
time, and requirements for the establishment of
additional physical disability evaluation
boards in the event such number is exceeded.
(F) Uniform standards and procedures among
the military departments for the provision of
legal counsel to recovering service members
while undergoing evaluation by a physical
disability evaluation board.
(G) Uniform standards among the military
departments on the roles and responsibilities
of non-medical care managers under section
1611(e)(4) and judge advocates assigned to
recovering service members undergoing
evaluation by a physical disability board, and
uniform standards on the maximum number of
cases involving such service members that are
to be assigned to judge advocates at any one
time.
(c) Assessment of Consolidation of Department of Defense
and Department of Veterans Affairs Disability Evaluation
Systems.--
(1) In general.--The Secretary of Defense and the
Secretary of Veterans Affairs shall jointly submit to
the appropriate committees of Congress a report on the
feasibility and advisability of consolidating the
disability evaluation systems of the military
departments and the disability evaluation system of the
Department of Veterans Affairs into a single disability
evaluation system. The report shall be submitted
together with the report required by section 1611(a).
(2) Elements.--The report required by paragraph (1)
shall include the following:
(A) An assessment of the feasibility and
advisability of consolidating the disability
evaluation systems described in paragraph (1)
as specified in that paragraph.
(B) If the consolidation of the systems is
considered feasible and advisable--
(i) recommendations for various
options for consolidating the systems
as specified in paragraph (1); and
(ii) recommendations for mechanisms
to evaluate and assess any progress
made in consolidating the systems as
specified in that paragraph.
SEC. 1613. RETURN OF RECOVERING SERVICE MEMBERS TO ACTIVE DUTY IN THE
ARMED FORCES.
The Secretary of Defense shall establish standards for
determinations by the military departments on the return of
recovering service members to active duty in the Armed Forces.
SEC. 1614. TRANSITION OF RECOVERING SERVICE MEMBERS FROM CARE AND
TREATMENT THROUGH THE DEPARTMENT OF DEFENSE TO
CARE, TREATMENT, AND REHABILITATION THROUGH THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Not later than July 1, 2008, the Secretary
of Defense and the Secretary of Veterans Affairs shall jointly
develop and implement processes, procedures, and standards for
the transition of recovering service members from care and
treatment through the Department of Defense to care, treatment,
and rehabilitation through the Department of Veterans Affairs.
(b) Elements.--The processes, procedures, and standards
required under this section shall include the following:
(1) Uniform, patient-focused procedures to ensure
that the transition described in subsection (a) occurs
without gaps in medical care and in the quality of
medical care, benefits, and services.
(2) Procedures for the identification and tracking
of recovering service members during the transition,
and for the coordination of care and treatment of
recovering service members during the transition,
including a system of cooperative case management of
recovering service members by the Department of Defense
and the Department of Veterans Affairs during the
transition.
(3) Procedures for the notification of Department
of Veterans Affairs liaison personnel of the
commencement by recovering service members of the
medical evaluation process and the physical disability
evaluation process.
(4) Procedures and timelines for the enrollment of
recovering service members in applicable enrollment or
application systems of the Department of Veterans with
respect to health care, disability, education,
vocational rehabilitation, or other benefits.
(5) Procedures to ensure the access of recovering
service members during the transition to vocational,
educational, and rehabilitation benefits available
through the Department of Veterans Affairs.
(6) Standards for the optimal location of
Department of Defense and Department of Veterans
Affairs liaison and case management personnel at
military medical treatment facilities, medical centers,
and other medical facilities of the Department of
Defense.
(7) Standards and procedures for integrated medical
care and management of recovering service members
during the transition, including procedures for the
assignment of medical personnel of the Department of
Veterans Affairs to Department of Defense facilities to
participate in the needs assessments of recovering
service members before, during, and after their
separation from military service.
(8) Standards for the preparation of detailed plans
for the transition of recovering service members from
care and treatment by the Department of Defense to
care, treatment, and rehabilitation by the Department
of Veterans Affairs, which plans shall--
(A) be based on standardized elements with
respect to care and treatment requirements and
other applicable requirements; and
(B) take into account the comprehensive
recovery plan for the recovering service member
concerned as developed under section
1611(e)(1).
(9) Procedures to ensure that each recovering
service member who is being retired or separated under
chapter 61 of title 10, United States Code, receives a
written transition plan, prior to the time of
retirement or separation, that--
(A) specifies the recommended schedule and
milestones for the transition of the service
member from military service;
(B) provides for a coordinated transition
of the service member from the Department of
Defense disability evaluation system to the
Department of Veterans Affairs disability
system; and
(C) includes information and guidance
designed to assist the service member in
understanding and meeting the schedule and
milestones specified under subparagraph (A) for
the service member's transition.
(10) Procedures for the transmittal from the
Department of Defense to the Department of Veterans
Affairs of records and any other required information
on each recovering service member described in
paragraph (9), which procedures shall provide for the
transmission from the Department of Defense to the
Department of Veterans Affairs of records and
information on the service member as follows:
(A) The address and contact information of
the service member.
(B) The DD-214 discharge form of the
service member, which shall be transmitted
under such procedures electronically.
(C) A copy of the military service record
of the service member, including medical
records and any results of a physical
evaluation board.
(D) Information on whether the service
member is entitled to transitional health care,
a conversion health policy, or other health
benefits through the Department of Defense
under section 1145 of title 10, United States
Code.
(E) A copy of any request of the service
member for assistance in enrolling in, or
completed applications for enrollment in, the
health care system of the Department of
Veterans Affairs for health care benefits for
which the service member may be eligible under
laws administered by the Secretary of Veterans
Affairs.
(F) A copy of any request by the service
member for assistance in applying for, or
completed applications for, compensation and
vocational rehabilitation benefits to which the
service member may be entitled under laws
administered by the Secretary of Veterans
Affairs.
(11) A process to ensure that, before transmittal
of medical records of a recovering service member to
the Department of Veterans Affairs, the Secretary of
Defense ensures that the service member (or an
individual legally recognized to make medical decisions
on behalf of the service member) authorizes the
transfer of the medical records of the service member
from the Department of Defense to the Department of
Veterans Affairs pursuant to the Health Insurance
Portability and Accountability Act of 1996.
(12) Procedures to ensure that, with the consent of
the recovering service member concerned, the address
and contact information of the service member is
transmitted to the department or agency for veterans
affairs of the State in which the service member
intends to reside after the retirement or separation of
the service member from the Armed Forces.
(13) Procedures to ensure that, before the
transmittal of records and other information with
respect to a recovering service member under this
section, a meeting regarding the transmittal of such
records and other information occurs among the service
member, appropriate family members of the service
member, representatives of the Secretary of the
military department concerned, and representatives of
the Secretary of Veterans Affairs, with at least 30
days advance notice of the meeting being given to the
service member unless the service member waives the
advance notice requirement in order to accelerate
transmission of the service member's records and other
information to the Department of Veterans Affairs.
(14) Procedures to ensure that the Secretary of
Veterans Affairs gives appropriate consideration to a
written statement submitted to the Secretary by a
recovering service member regarding the transition.
(15) Procedures to provide access for the
Department of Veterans Affairs to the military health
records of recovering service members who are receiving
care and treatment, or are anticipating receipt of care
and treatment, in Department of Veterans Affairs health
care facilities, which procedures shall be consistent
with the procedures and requirements in paragraphs (11)
and (13).
(16) A process for the utilization of a joint
separation and evaluation physical examination that
meets the requirements of both the Department of
Defense and the Department of Veterans Affairs in
connection with the medical separation or retirement of
a recovering service member from military service and
for use by the Department of Veterans Affairs in
disability evaluations.
(17) Procedures for surveys and other mechanisms to
measure patient and family satisfaction with the
provision by the Department of Defense and the
Department of Veterans Affairs of care and services for
recovering service members, and to facilitate
appropriate oversight by supervisory personnel of the
provision of such care and services.
(18) Procedures to ensure the participation of
recovering service members who are members of the
National Guard or Reserve in the Benefits Delivery at
Discharge Program, including procedures to ensure that,
to the maximum extent feasible, services under the
Benefits Delivery at Discharge Program are provided to
recovering service members at--
(A) appropriate military installations;
(B) appropriate armories and military
family support centers of the National Guard;
(C) appropriate military medical care
facilities at which members of the Armed Forces
are separated or discharged from the Armed
Forces; and
(D) in the case of a member on the
temporary disability retired list under section
1202 or 1205 of title 10, United States Code,
who is being retired under another provision of
such title or is being discharged, at a
location reasonably convenient to the member.
SEC. 1615. REPORTS.
(a) Report on Policy.--Upon the development of the policy
required by subsection (a) of section 1611 but not later than
July 1, 2008, the Secretary of Defense and the Secretary of
Veterans Affairs shall jointly submit to the appropriate
committees of Congress a report on the policy, including a
comprehensive and detailed description of the policy and of the
manner in which the policy addresses the detailed elements of
the policy specified in subsections (d) through (h) of section
1611, and the findings and recommendations of the reviews under
subsections (b) and (c) of section 1611.
(b) Interim Report on Policy.--Not later than February 1,
2008, the Secretary of Defense and the Secretary of Veterans
Affairs shall jointly submit to the appropriate committees of
Congress an interim report on the policy, which shall include a
comprehensive and detailed description of the matters specified
in subsection (a) current as of the date of such interim
report.
(c) Report on Update of Policy.--Upon updating the policy
under section 1611(a)(4), the Secretary of Defense and the
Secretary of Veterans Affairs shall jointly submit to the
appropriate committees of Congress a report on the update of
the policy, including a comprehensive and detailed description
of such update and of the reasons for such update.
(d) Comptroller General Assessment of Implementation of
Policy.--
(1) In general.--Not later than six months after
the date of the enactment of this Act and every year
thereafter through 2010, the Comptroller General of the
United States shall submit to the appropriate
committees of Congress a report setting forth the
assessment of the Comptroller General of the progress
of the Secretary of Defense and the Secretary of
Veterans Affairs in developing and implementing the
policy required by section 1611(a). Each report shall
include a certification by the Comptroller General as
to whether the Comptroller General has had timely
access to sufficient information to enable the
Comptroller General to make informed judgments on the
matters covered by the report.
(2) Access information.--The Secretary of Defense
and the Secretary of Veterans Affairs shall facilitate
the ability of the Comptroller General to conduct any
review required for a report under this subsection
within the time period required for such report,
including prompt and complete access to such
information as the Comptroller General considers
necessary to perform such review.
(e) Report on Reduction in Disability Ratings by the
Department of Defense.--Not later than February 1, 2009, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on
the number of instances during the period beginning on October
7, 2001, and ending on September 30, 2006, in which a
disability rating assigned to a member of the Armed Forces by
an informal physical evaluation board of the Department of
Defense was reduced upon appeal, and the reasons for such
reduction.
SEC. 1616. ESTABLISHMENT OF A WOUNDED WARRIOR RESOURCE CENTER.
(a) Establishment.--The Secretary of Defense shall
establish a wounded warrior resource center (in this section
referred to as the ``center'') to provide wounded warriors,
their families, and their primary caregivers with a single
point of contact for assistance with reporting deficiencies in
covered military facilities, obtaining health care services,
receiving benefits information, and any other difficulties
encountered while supporting wounded warriors. The Secretary
shall widely disseminate information regarding the existence
and availability of the center, including contact information,
to members of the Armed Forces and their dependents. In
carrying out this subsection, the Secretary may use existing
infrastructure and organizations but shall ensure that the
center has the ability to separately keep track of calls from
wounded warriors.
(b) Access.--The center shall provide multiple methods of
access, including at a minimum an Internet website and a toll-
free telephone number (commonly referred to as a ``hot line'')
at which personnel are accessible at all times to receive
reports of deficiencies or provide information about covered
military facilities, health care services, or military
benefits.
(c) Confidentiality.--
(1) Notification.--Individuals who seek to provide
information through the center under subsection (a)
shall be notified, immediately before they provide such
information, of their option to elect, at their
discretion, to have their identity remain confidential.
(2) Prohibition on further disclosure.--In the case
of information provided through use of the toll-free
telephone number by an individual who elects to
maintain the confidentiality of his or her identity,
any individual who, by necessity, has had access to
such information for purposes of investigating or
responding to the call as required under subsection (d)
may not disclose the identity of the individual who
provided the information.
(d) Functions.--The center shall perform the following
functions:
(1) Call tracking.--The center shall be responsible
for documenting receipt of a call, referring the call
to the appropriate office within a military department
for answer or investigation, and tracking the
formulation and notification of the response to the
call.
(2) Investigation and response.--The center shall
be responsible for ensuring that, not later than 96
hours after a call--
(A) if a report of deficiencies is received
in a call--
(i) any deficiencies referred to in
the call are investigated;
(ii) if substantiated, a plan of
action for remediation of the
deficiencies is developed and
implemented; and
(iii) if requested, the individual
who made the report is notified of the
current status of the report; or
(B) if a request for information is
received in a call--
(i) the information requested by
the caller is provided by the center;
(ii) all requests for information
from the call are referred to the
appropriate office or offices of a
military department for response; and
(iii) the individual who made the
report is notified, at a minimum, of
the current status of the query.
(3) Final notification.--The center shall be
responsible for ensuring that, if requested, the caller
is notified when the deficiency has been corrected or
when the request for information has been fulfilled to
the maximum extent practicable, as determined by the
Secretary.
(e) Definitions.--In this section:
(1) Covered military facility.--The term ``covered
military facility'' has the meaning provided in section
1648(b) of this Act.
(2) Call.--The term ``call'' means any query or
report that is received by the center by means of the
toll-free telephone number or other source.
(f) Effective Dates.--
(1) Toll-free telephone number.--The toll-free
telephone number required to be established by
subsection (a), shall be fully operational not later
than April 1, 2008.
(2) Internet website.--The Internet website
required to be established by subsection (a), shall be
fully operational not later than July 1, 2008.
SEC. 1617. NOTIFICATION TO CONGRESS OF HOSPITALIZATION OF COMBAT
WOUNDED SERVICE MEMBERS.
(a) Notification Required.--
(1) In general.--Chapter 55 of title 10, United
States Code, is further amended by inserting after
section 1074k the following new section:
``Sec. 1074l. Notification to Congress of hospitalization of combat
wounded members
``(a) Notification Required.--The Secretary concerned shall
provide notification of the hospitalization of any member of
the armed forces evacuated from a theater of combat and
admitted to a military treatment facility within the United
States to the appropriate Members of Congress.
``(b) Appropriate Members.--In this section, the term
`appropriate Members of Congress', with respect to the member
of the armed forces about whom notification is being made,
means the Senators representing the State, and the Member,
Delegate, or Resident Commissioner of the House of
Representatives representing the district, that includes the
member's home of record or a different location as provided by
the member.
``(c) Consent of Member Required.--The notification under
subsection (a) may be provided only with the consent of the
member of the armed forces about whom notification is to be
made. In the case of a member who is unable to provide consent,
information and consent may be provided by next of kin.''.
(2) Effective date.--The notification requirement
under section 1074l(a) of title 10, United States Code,
as added by paragraph (1), shall apply beginning 60
days after the date of the enactment of this Act.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1074l. Notification to Congress of hospitalization of combat wounded
members.''.
SEC. 1618. COMPREHENSIVE PLAN ON PREVENTION, DIAGNOSIS, MITIGATION,
TREATMENT, AND REHABILITATION OF, AND RESEARCH ON,
TRAUMATIC BRAIN INJURY, POST-TRAUMATIC STRESS
DISORDER, AND OTHER MENTAL HEALTH CONDITIONS IN
MEMBERS OF THE ARMED FORCES.
(a) Comprehensive Statement of Policy.--The Secretary of
Defense and the Secretary of Veterans Affairs shall direct
joint planning among the Department of Defense, the military
departments, and the Department of Veterans Affairs for the
prevention, diagnosis, mitigation, treatment, and
rehabilitation of, and research on, traumatic brain injury,
post-traumatic stress disorder, and other mental health
conditions in members of the Armed Forces, including planning
for the seamless transition of such members from care through
the Department of Defense to care through the Department of
Veterans Affairs.
(b) Comprehensive Plan Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall, in consultation with the Secretary of Veterans
Affairs, submit to the congressional defense committees a
comprehensive plan for programs and activities of the
Department of Defense to prevent, diagnose, mitigate, treat,
research, and otherwise respond to traumatic brain injury,
post-traumatic stress disorder, and other mental health
conditions in members of the Armed Forces, including--
(1) an assessment of the current capabilities of
the Department for the prevention, diagnosis,
mitigation, treatment, and rehabilitation of, and
research on, traumatic brain injury, post-traumatic
stress disorder, and other mental health conditions in
members of the Armed Forces;
(2) the identification of gaps in current
capabilities of the Department for the prevention,
diagnosis, mitigation, treatment, and rehabilitation
of, and research on, traumatic brain injury, post-
traumatic stress disorder, and other mental health
conditions in members of the Armed Forces; and
(3) the identification of the resources required
for the Department in fiscal years 2009 through 2013 to
address the gaps in capabilities identified under
paragraph (2).
(c) Program Required.--One of the programs contained in the
comprehensive plan submitted under subsection (b) shall be a
Department of Defense program, developed in collaboration with
the Department of Veterans Affairs, under which each member of
the Armed Forces who incurs a traumatic brain injury or post-
traumatic stress disorder during service in the Armed Forces--
(1) is enrolled in the program; and
(2) receives treatment and rehabilitation meeting a
standard of care such that each individual who
qualifies for care under the program shall--
(A) be provided the highest quality,
evidence-based care in facilities that most
appropriately meet the specific needs of the
individual; and
(B) be rehabilitated to the fullest extent
possible using up-to-date evidence-based
medical technology, and physical and medical
rehabilitation practices and expertise.
(d) Provision of Information Required.--The comprehensive
plan submitted under subsection (b) shall require the provision
of information by the Secretary of Defense to members of the
Armed Forces with traumatic brain injury, post-traumatic stress
disorder, or other mental health conditions and their families
about their options with respect to the following:
(1) The receipt of medical and mental health care
from the Department of Defense and the Department of
Veterans Affairs.
(2) Additional options available to such members
for treatment and rehabilitation of traumatic brain
injury, post-traumatic stress disorder, and other
mental health conditions.
(3) The options available, including obtaining a
second opinion, to such members for a referral to an
authorized provider under chapter 55 of title 10,
United States Code, as determined under regulations
prescribed by the Secretary of Defense.
(e) Additional Elements of Plan.--The comprehensive plan
submitted under subsection (b) shall include comprehensive
proposals of the Department on the following:
(1) Lead agent.--The designation by the Secretary
of Defense of a lead agent or executive agent for the
Department to coordinate development and implementation
of the plan.
(2) Detection and treatment.--The improvement of
methods and mechanisms for the detection and treatment
of traumatic brain injury, post-traumatic stress
disorder, and other mental health conditions in members
of the Armed Forces in the field.
(3) Reduction of ptsd.--The development of a plan
for reducing post traumatic stress disorder,
incorporating evidence-based preventive and early-
intervention measures, practices, or procedures that
reduce the likelihood that personnel in combat will
develop post-traumatic stress disorder or other stress-
related conditions (including substance abuse
conditions) into--
(A) basic and pre-deployment training for
enlisted members of the Armed Forces,
noncommissioned officers, and officers;
(B) combat theater operations; and
(C) post-deployment service.
(4) Research.--Requirements for research on
traumatic brain injury, post-traumatic stress disorder,
and other mental health conditions including (in
particular) research on pharmacological and other
approaches to treatment for traumatic brain injury,
post-traumatic stress disorder, or other mental health
conditions, as applicable, and the allocation of
priorities among such research.
(5) Diagnostic criteria.--The development,
adoption, and deployment of joint Department of
Defense-Department of Veterans Affairs evidence-based
diagnostic criteria for the detection and evaluation of
the range of traumatic brain injury, post-traumatic
stress disorder, and other mental health conditions in
members of the Armed Forces, which criteria shall be
employed uniformly across the military departments in
all applicable circumstances, including provision of
clinical care and assessment of future deployability of
members of the Armed Forces.
(6) Assessment.--The development and deployment of
evidence-based means of assessing traumatic brain
injury, post-traumatic stress disorder, and other
mental health conditions in members of the Armed
Forces, including a system of pre-deployment and post-
deployment screenings of cognitive ability in members
for the detection of cognitive impairment.
(7) Managing and monitoring.--The development and
deployment of effective means of managing and
monitoring members of the Armed Forces with traumatic
brain injury, post-traumatic stress disorder, or other
mental health conditions in the receipt of care for
traumatic brain injury, post-traumatic stress disorder,
or other mental health conditions, as applicable,
including the monitoring and assessment of treatment
and outcomes.
(8) Education and awareness.--The development and
deployment of an education and awareness training
initiative designed to reduce the negative stigma
associated with traumatic brain injury, post-traumatic
stress disorder, and other mental health conditions,
and mental health treatment.
(9) Education and outreach.--The provision of
education and outreach to families of members of the
Armed Forces with traumatic brain injury, post-
traumatic stress disorder, or other mental health
conditions on a range of matters relating to traumatic
brain injury, post-traumatic stress disorder, or other
mental health conditions, as applicable, including
detection, mitigation, and treatment.
(10) Recording of blasts.--A requirement that
exposure to a blast or blasts be recorded in the
records of members of the Armed Forces.
(11) Guidelines for blast injuries.--The
development of clinical practice guidelines for the
diagnosis and treatment of blast injuries in members of
the Armed Forces, including, but not limited to,
traumatic brain injury.
(12) Gender- and ethnic group-specific services and
treatment.--The development of requirements, as
appropriate, for gender- and ethnic group-specific
medical care services and treatment for members of the
Armed Forces who experience mental health problems and
conditions, including post-traumatic stress disorder,
with specific regard to the availability of, access to,
and research and development requirements of such
needs.
(f) Coordination in Development.--The comprehensive plan
submitted under subsection (b) shall be developed in
coordination with the Secretary of the Army (who was designated
by the Secretary of Defense as executive agent for the
prevention, mitigation, and treatment of blast injuries under
section 256 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3181; 10 U.S.C.
1071 note)).
Subtitle B--Centers of Excellence in the Prevention, Diagnosis,
Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury,
Post-Traumatic Stress Disorder, and Eye Injuries
SEC. 1621. CENTER OF EXCELLENCE IN THE PREVENTION, DIAGNOSIS,
MITIGATION, TREATMENT, AND REHABILITATION OF
TRAUMATIC BRAIN INJURY.
(a) In General.--The Secretary of Defense shall establish
within the Department of Defense a center of excellence in the
prevention, diagnosis, mitigation, treatment, and
rehabilitation of traumatic brain injury, including mild,
moderate, and severe traumatic brain injury, to carry out the
responsibilities specified in subsection (c).
(b) Partnerships.--The Secretary shall ensure that the
Center collaborates to the maximum extent practicable with the
Department of Veterans Affairs, institutions of higher
education, and other appropriate public and private entities
(including international entities) to carry out the
responsibilities specified in subsection (c).
(c) Responsibilities.--The Center shall have
responsibilities as follows:
(1) To implement the comprehensive plan and
strategy for the Department of Defense, required by
section 1618 of this Act, for the prevention,
diagnosis, mitigation, treatment, and rehabilitation of
traumatic brain injury, including research on gender
and ethnic group-specific health needs related to
traumatic brain injury.
(2) To provide for the development, testing, and
dissemination within the Department of best practices
for the treatment of traumatic brain injury.
(3) To provide guidance for the mental health
system of the Department in determining the mental
health and neurological health personnel required to
provide quality mental health care for members of the
Armed Forces with traumatic brain injury.
(4) To establish, implement, and oversee a
comprehensive program to train mental health and
neurological health professionals of the Department in
the treatment of traumatic brain injury.
(5) To facilitate advancements in the study of the
short-term and long-term psychological effects of
traumatic brain injury.
(6) To disseminate within the military medical
treatment facilities of the Department best practices
for training mental health professionals, including
neurological health professionals, with respect to
traumatic brain injury.
(7) To conduct basic science and translational
research on traumatic brain injury for the purposes of
understanding the etiology of traumatic brain injury
and developing preventive interventions and new
treatments.
(8) To develop programs and outreach strategies for
families of members of the Armed Forces with traumatic
brain injury in order to mitigate the negative impacts
of traumatic brain injury on such family members and to
support the recovery of such members from traumatic
brain injury.
(9) To conduct research on the mental health needs
of families of members of the Armed Forces with
traumatic brain injury and develop protocols to address
any needs identified through such research.
(10) To conduct longitudinal studies (using imaging
technology and other proven research methods) on
members of the Armed Forces with traumatic brain injury
to identify early signs of Alzheimer's disease,
Parkinson's disease, or other manifestations of
neurodegeneration, as well as epilepsy, in such
members, in coordination with the studies authorized by
section 721 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 120 Stat. 2294) and other studies of the
Department of Defense and the Department of Veterans
Affairs that address the connection between exposure to
combat and the development of Alzheimer's disease,
Parkinson's disease, and other neurodegenerative
disorders, as well as epilepsy.
(11) To develop and oversee a long-term plan to
increase the number of mental health and neurological
health professionals within the Department in order to
facilitate the meeting by the Department of the needs
of members of the Armed Forces with traumatic brain
injury until their transition to care and treatment
from the Department of Veterans Affairs.
(12) To develop a program on comprehensive pain
management, including management of acute and chronic
pain, to utilize current and develop new treatments for
pain, and to identify and disseminate best practices on
pain management related to traumatic brain injury.
(13) Such other responsibilities as the Secretary
shall specify.
SEC. 1622. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITIGATION,
TREATMENT, AND REHABILITATION OF POST-TRAUMATIC
STRESS DISORDER AND OTHER MENTAL HEALTH CONDITIONS.
(a) In General.--The Secretary of Defense shall establish
within the Department of Defense a center of excellence in the
prevention, diagnosis, mitigation, treatment, and
rehabilitation of post-traumatic stress disorder (PTSD) and
other mental health conditions, including mild, moderate, and
severe post-traumatic stress disorder and other mental health
conditions, to carry out the responsibilities specified in
subsection (c).
(b) Partnerships.--The Secretary shall ensure that the
center collaborates to the maximum extent practicable with the
National Center on Post-Traumatic Stress Disorder of the
Department of Veterans Affairs, institutions of higher
education, and other appropriate public and private entities
(including international entities) to carry out the
responsibilities specified in subsection (c).
(c) Responsibilities.--The center shall have
responsibilities as follows:
(1) To implement the comprehensive plan and
strategy for the Department of Defense, required by
section 1618 of this Act, for the prevention,
diagnosis, mitigation, treatment, and rehabilitation of
post-traumatic stress disorder and other mental health
conditions, including research on gender- and ethnic
group-specific health needs related to of post-
traumatic stress disorder and other mental health
conditions.
(2) To provide for the development, testing, and
dissemination within the Department of best practices
for the treatment of post-traumatic stress disorder.
(3) To provide guidance for the mental health
system of the Department in determining the mental
health and neurological health personnel required to
provide quality mental health care for members of the
Armed Forces with post-traumatic stress disorder and
other mental health conditions.
(4) To establish, implement, and oversee a
comprehensive program to train mental health and
neurological health professionals of the Department in
the treatment of post-traumatic stress disorder and
other mental health conditions.
(5) To facilitate advancements in the study of the
short-term and long-term psychological effects of post-
traumatic stress disorder and other mental health
conditions.
(6) To disseminate within the military medical
treatment facilities of the Department best practices
for training mental health professionals, including
neurological health professionals, with respect to
post-traumatic stress disorder and other mental health
conditions.
(7) To conduct basic science and translational
research on post-traumatic stress disorder for the
purposes of understanding the etiology of post-
traumatic stress disorder and developing preventive
interventions and new treatments.
(8) To develop programs and outreach strategies for
families of members of the Armed Forces with post-
traumatic stress disorder and other mental health
conditions in order to mitigate the negative impacts of
post-traumatic stress disorder and other mental health
conditions on such family members and to support the
recovery of such members from post-traumatic stress
disorder and other mental health conditions.
(9) To conduct research on the mental health needs
of families of members of the Armed Forces with post-
traumatic stress disorder and other mental health
conditions and develop protocols to address any needs
identified through such research.
(10) To develop and oversee a long-term plan to
increase the number of mental health and neurological
health professionals within the Department in order to
facilitate the meeting by the Department of the needs
of members of the Armed Forces with post-traumatic
stress disorder and other mental health conditions
until their transition to care and treatment from the
Department of Veterans Affairs.
SEC. 1623. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITIGATION,
TREATMENT, AND REHABILITATION OF MILITARY EYE
INJURIES.
(a) In General.--The Secretary of Defense shall establish
within the Department of Defense a center of excellence in the
prevention, diagnosis, mitigation, treatment, and
rehabilitation of military eye injuries to carry out the
responsibilities specified in subsection (c).
(b) Partnerships.--The Secretary shall ensure that the
center collaborates to the maximum extent practicable with the
Secretary of Veterans Affairs, institutions of higher
education, and other appropriate public and private entities
(including international entities) to carry out the
responsibilities specified in subsection (c).
(c) Responsibilities.--
(1) In general.--The center shall--
(A) implement a comprehensive plan and
strategy for the Department of Defense, as
developed by the Secretary of Defense, for a
registry of information for the tracking of the
diagnosis, surgical intervention or other
operative procedure, other treatment, and
follow up for each case of significant eye
injury incurred by a member of the Armed Forces
while serving on active duty;
(B) ensure the electronic exchange with the
Secretary of Veterans Affairs of information
obtained through tracking under subparagraph
(A); and
(C) enable the Secretary of Veterans
Affairs to access the registry and add
information pertaining to additional treatments
or surgical procedures and eventual visual
outcomes for veterans who were entered into the
registry and subsequently received treatment
through the Veterans Health Administration.
(2) Designation of registry.--The registry under
this subsection shall be known as the ``Military Eye
Injury Registry'' (hereinafter referred to as the
``Registry'').
(3) Consultation in development.--The center shall
develop the Registry in consultation with the
ophthalmological specialist personnel and optometric
specialist personnel of the Department of Defense and
the ophthalmological specialist personnel and
optometric specialist personnel of the Department of
Veterans Affairs. The mechanisms and procedures of the
Registry shall reflect applicable expert research on
military and other eye injuries.
(4) Mechanisms.--The mechanisms of the Registry for
tracking under paragraph (1)(A) shall ensure that each
military medical treatment facility or other medical
facility shall submit to the center for inclusion in
the Registry information on the diagnosis, surgical
intervention or other operative procedure, other
treatment, and follow up for each case of eye injury
described in that paragraph as follows (to the extent
applicable):
(A) Not later than 30 days after surgery or
other operative intervention, including a
surgery or other operative intervention carried
out as a result of a follow-up examination.
(B) Not later than 180 days after the
significant eye injury is reported or recorded
in the medical record.
(5) Coordination of care and benefits.--(A) The
center shall provide notice to the Blind Rehabilitation
Service of the Department of Veterans Affairs and to
the eye care services of the Veterans Health
Administration on each member of the Armed Forces
described in subparagraph (B) for purposes of ensuring
the coordination of the provision of ongoing eye care
and visual rehabilitation benefits and services by the
Department of Veterans Affairs after the separation or
release of such member from the Armed Forces.
(B) A member of the Armed Forces described in this
subparagraph is a member of the Armed Forces as
follows:
(i) A member with a significant eye injury
incurred while serving on active duty,
including a member with visual dysfunction
related to traumatic brain injury.
(ii) A member with an eye injury incurred
while serving on active duty who has a visual
acuity of 20/200 or less in the injured eye.
(iii) A member with an eye injury incurred
while serving on active duty who has a loss of
peripheral vision resulting in twenty degrees
or less of visual field in the injured eye.
(d) Utilization of Registry Information.--The Secretary of
Defense and the Secretary of Veterans Affairs shall jointly
ensure that information in the Registry is available to
appropriate ophthalmological and optometric personnel of the
Department of Defense and the Department of Veterans Affairs
for purposes of encouraging and facilitating the conduct of
research, and the development of best practices and clinical
education, on eye injuries incurred by members of the Armed
Forces in combat.
(e) Inclusion of Records of OIF/OEF Veterans.--The
Secretary of Defense shall take appropriate actions to include
in the Registry such records of members of the Armed Forces who
incurred an eye injury while serving on active duty on or after
September 11, 2001, but before the establishment of the
Registry, as the Secretary considers appropriate for purposes
of the Registry.
(d) Traumatic Brain Injury Post Traumatic Visual
Syndrome.--In carrying out the program at Walter Reed Army
Medical Center, District of Columbia, on traumatic brain injury
post traumatic visual syndrome, the Secretary of Defense and
the Department of Veterans Affairs shall jointly provide for
the conduct of a cooperative program for members of the Armed
Forces and veterans with traumatic brain injury by military
medical treatment facilities of the Department of Defense and
medical centers of the Department of Veterans Affairs selected
for purposes of this subsection for purposes of vision
screening, diagnosis, rehabilitative management, and vision
research, including research on prevention, on visual
dysfunction related to traumatic brain injury.
SEC. 1624. REPORT ON ESTABLISHMENT OF CENTERS OF EXCELLENCE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on--
(1) the establishment of the center of excellence
in prevention, diagnosis, mitigation, treatment, and
rehabilitation of traumatic brain injury under section
1621;
(2) the establishment of the center of excellence
in prevention, diagnosis, mitigation, treatment, and
rehabilitation of post-traumatic stress disorder and
other mental health conditions under section 1622; and
(3) the establishment of the center of excellence
in prevention, diagnosis, mitigation, treatment, and
rehabilitation of military eye injuries under section
1623.
(b) Matters Covered.--The report shall, for each such
center--
(1) describe in detail the activities and proposed
activities of such center; and
(2) assess the progress of such center in
discharging the responsibilities of such center.
Subtitle C--Health Care Matters
SEC. 1631. MEDICAL CARE AND OTHER BENEFITS FOR MEMBERS AND FORMER
MEMBERS OF THE ARMED FORCES WITH SEVERE INJURIES OR
ILLNESSES.
(a) Medical and Dental Care for Former Members.--
(1) In general.--Effective as of the date of the
enactment of this Act and subject to regulations
prescribed by the Secretary of Defense, the Secretary
may authorize that any former member of the Armed
Forces with a serious injury or illness may receive the
same medical and dental care as a member of the Armed
Forces on active duty for medical and dental care not
reasonably available to such former member in the
Department of Veterans Affairs.
(2) Sunset.--The Secretary of Defense may not
provide medical or dental care to a former member of
the Armed Forces under this subsection after December
31, 2012, if the Secretary has not provided medical or
dental care to the former member under this subsection
before that date.
(b) Rehabilitation and Vocational Benefits.--
(1) In general.--Effective as of the date of the
enactment of this Act, a member of the Armed Forces
with a severe injury or illness is entitled to such
benefits (including rehabilitation and vocational
benefits, but not including compensation) from the
Secretary of Veterans Affairs to facilitate the
recovery and rehabilitation of such member as the
Secretary otherwise provides to veterans of the Armed
Forces receiving medical care in medical facilities of
the Department of Veterans Affairs facilities in order
to facilitate the recovery and rehabilitation of such
members.
(2) Sunset.--The Secretary of Veterans Affairs may
not provide benefits to a member of the Armed Forces
under this subsection after December 31, 2012, if the
Secretary has not provided benefits to the member under
this subsection before that date.
SEC. 1632. REIMBURSEMENT OF TRAVEL EXPENSES OF RETIRED MEMBERS WITH
COMBAT-RELATED DISABILITIES FOR FOLLOW-ON SPECIALTY
CARE, SERVICES, AND SUPPLIES.
(a) Travel.--Section 1074i of title 10, United States Code,
is amended--
(1) by redesignating subsection (b) as subsection
(c); and
(2) by inserting after subsection (a) the following
new subsection (b):
``(b) Outreach Program and Travel Reimbursement for Follow-
on Specialty Care and Related Services.--The Secretary
concerned shall ensure that an outreach program is implemented
for each member of the uniformed services who incurred a
combat-related disability and is entitled to retired or
retainer pay, or equivalent pay, so that--
``(1) the progress of the member is closely
monitored; and
``(2) the member receives the travel reimbursement
authorized by subsection (a) whenever the member
requires follow-on specialty care, services, or
supplies.''.
(b) Combat-Related Disability Defined.--Subsection (c) of
such section, as redesignated by subsection (a)(1), is amended
by adding at the end the following new paragraph:
``(3) The term `combat-related disability' has the
meaning given that term in section 1413a of this
title.''.
(c) Effective Date.--Subsection (b) of section 1074i of
title 10, United States Code, as added by subsection (a)(2),
shall apply with respect to travel described in subsection (a)
of such section that occurs on or after January 1, 2008, for
follow-on specialty care, services, or supplies.
SEC. 1633. RESPITE CARE AND OTHER EXTENDED CARE BENEFITS FOR MEMBERS OF
THE UNIFORMED SERVICES WHO INCUR A SERIOUS INJURY
OR ILLNESS ON ACTIVE DUTY.
(a) In General.--Section 1074(c) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(4)(A) Subject to such terms and conditions as the
Secretary of Defense considers appropriate, coverage comparable
to that provided by the Secretary under subsections (d) and (e)
of section 1079 of this title shall be provided under this
subsection to members of the uniformed services who incur a
serious injury or illness on active duty as defined by
regulations prescribed by the Secretary.
``(B) The Secretary of Defense shall prescribe in
regulations--
``(i) the individuals who shall be treated as the
primary caregivers of a member of the uniformed
services for purposes of this paragraph; and
``(ii) the definition of serious injury or illness
for the purposes of this paragraph.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 2008.
SEC. 1634. REPORTS.
(a) Reports on Implementation of Certain Requirements.--Not
later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional
defense committees a report describing the progress in
implementing the requirements as follows:
(1) The requirements of section 721 of the John
Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2294),
relating to a longitudinal study on traumatic brain
injury incurred by members of the Armed Forces in
Operation Iraqi Freedom and Operation Enduring Freedom.
(2) The requirements of section 741 of the John
Warner National Defense Authorization Act for Fiscal
Year 2007 (120 Stat. 2304), relating to pilot projects
on early diagnosis and treatment of post-traumatic
stress disorder and other mental health conditions.
(b) Annual Reports on Expenditures for Activities on TBI
and PTSD.--
(1) Reports required.--Not later than March 1,
2008, and each year thereafter through 2013, the
Secretary of Defense shall submit to the congressional
defense committees a report setting forth the amounts
expended by the Department of Defense during the
preceding calendar year on activities described in
paragraph (2), including the amount allocated during
such calendar year to the Defense and Veterans Brain
Injury Center of the Department.
(2) Covered activities.--The activities described
in this paragraph are activities as follows:
(A) Activities relating to the improved
diagnosis, treatment, and rehabilitation of
members of the Armed Forces with traumatic
brain injury (TBI).
(B) Activities relating to the improved
diagnosis, treatment, and rehabilitation of
members of the Armed Forces with post-traumatic
stress disorder (PTSD).
(3) Elements.--Each report under paragraph (1)
shall include--
(A) a description of the amounts expended
as described in that paragraph, including a
description of the activities for which
expended;
(B) a description and assessment of the
outcome of such activities;
(C) a statement of priorities of the
Department in activities relating to the
prevention, diagnosis, research, treatment, and
rehabilitation of traumatic brain injury in
members of the Armed Forces during the year in
which such report is submitted and in future
calendar years;
(D) a statement of priorities of the
Department in activities relating to the
prevention, diagnosis, research, treatment, and
rehabilitation of post-traumatic stress
disorder and other mental health conditions in
members of the Armed Forces during the year in
which such report is submitted and in future
calendar years; and
(E) an assessment of the progress made
toward achieving the priorities stated in
subparagraphs (C) and (D) in the report under
paragraph (1) in the previous year, and a
description of any actions planned during the
year in which such report is submitted to
achieve any unfulfilled priorities during such
year.
SEC. 1635. FULLY INTEROPERABLE ELECTRONIC PERSONAL HEALTH INFORMATION
FOR THE DEPARTMENT OF DEFENSE AND DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--The Secretary of Defense and the Secretary
of Veterans Affairs shall jointly--
(1) develop and implement electronic health record
systems or capabilities that allow for full
interoperability of personal health care information
between the Department of Defense and the Department of
Veterans Affairs; and
(2) accelerate the exchange of health care
information between the Department of Defense and the
Department of Veterans Affairs in order to support the
delivery of health care by both Departments.
(b) Department of Defense-Department of Veterans Affairs
Interagency Program Office.--
(1) In general.--There is hereby established an
interagency program office of the Department of Defense
and the Department of Veterans Affairs (in this section
referred to as the ``Office'') for the purposes
described in paragraph (2).
(2) Purposes.--The purposes of the Office shall be
as follows:
(A) To act as a single point of
accountability for the Department of Defense
and the Department of Veterans Affairs in the
rapid development and implementation of
electronic health record systems or
capabilities that allow for full
interoperability of personal health care
information between the Department of Defense
and the Department of Veterans Affairs.
(B) To accelerate the exchange of health
care information between the Department of
Defense and the Department of Veterans Affairs
in order to support the delivery of health care
by both Departments.
(c) Leadership.--
(1) Director.--The Director of the Office shall be
the head of the Office.
(2) Deputy director.--The Deputy Director of the
Office shall be the deputy head of the Office and shall
assist the Director in carrying out the duties of the
Director.
(3) Appointments.--(A) The Director shall be
appointed by the Secretary of Defense, with the
concurrence of the Secretary of Veterans Affairs, from
among persons who are qualified to direct the
development, acquisition, and integration of major
information technology capabilities.
(B) The Deputy Director shall be appointed by the
Secretary of Veterans Affairs, with the concurrence of
the Secretary of Defense, from among employees of the
Department of Defense and the Department of Veterans
Affairs in the Senior Executive Service who are
qualified to direct the development, acquisition, and
integration of major information technology
capabilities.
(4) Additional guidance.--In addition to the
direction, supervision, and control provided by the
Secretary of Defense and the Secretary of Veterans
Affairs, the Office shall also receive guidance from
the Department of Veterans Affairs-Department of
Defense Joint Executive Committee under section 320 of
title 38, United States Code, in the discharge of the
functions of the Office under this section.
(5) Testimony.--Upon request by any of the
appropriate committees of Congress, the Director and
the Deputy Director shall testify before such committee
regarding the discharge of the functions of the Office
under this section.
(d) Function.--The function of the Office shall be to
implement, by not later than September 30, 2009, electronic
health record systems or capabilities that allow for full
interoperability of personal health care information between
the Department of Defense and the Department of Veterans
Affairs, which health records shall comply with applicable
interoperability standards, implementation specifications, and
certification criteria (including for the reporting of quality
measures) of the Federal Government.
(e) Schedules and Benchmarks.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of Defense
and the Secretary of Veterans Affairs shall jointly establish a
schedule and benchmarks for the discharge by the Office of its
function under this section, including each of the following:
(1) A schedule for the establishment of the Office.
(2) A schedule and deadline for the establishment
of the requirements for electronic health record
systems or capabilities described in subsection (d),
including coordination with the Office of the National
Coordinator for Health Information Technology in the
development of a nationwide interoperable health
information technology infrastructure.
(3) A schedule and associated deadlines for any
acquisition and testing required in the implementation
of electronic health record systems or capabilities
that allow for full interoperability of personal health
care information between the Department of Defense and
the Department of Veterans Affairs.
(4) A schedule and associated deadlines and
requirements for the implementation of electronic
health record systems or capabilities that allow for
full interoperability of personal health care
information between the Department of Defense and the
Department of Veterans Affairs.
(f) Pilot Projects.--
(1) Authority.--In order to assist the Office in
the discharge of its function under this section, the
Secretary of Defense and the Secretary of Veterans
Affairs may, acting jointly, carry out one or more
pilot projects to assess the feasibility and
advisability of various technological approaches to the
achievement of the electronic health record systems or
capabilities described in subsection (d).
(2) Sharing of protected health information.--For
purposes of each pilot project carried out under this
subsection, the Secretary of Defense and the Secretary
of Veterans Affairs shall, for purposes of the
regulations promulgated under section 264(c) of the
Health Insurance Portability and Accountability Act of
1996 (42 U.S.C. 1320d-2 note), ensure the effective
sharing of protected health information between the
health care system of the Department of Defense and the
health care system of the Department of Veterans
Affairs as needed to provide all health care services
and other benefits allowed by law.
(g) Staff and Other Resources.--
(1) In general.--The Secretary of Defense and the
Secretary of Veterans Affairs shall assign to the
Office such personnel and other resources of the
Department of Defense and the Department of Veterans
Affairs as are required for the discharge of its
function under this section.
(2) Additional services.--Subject to the approval
of the Secretary of Defense and the Secretary of
Veterans Affairs, the Director may utilize the services
of private individuals and entities as consultants to
the Office in the discharge of its function under this
section. Amounts available to the Office shall be
available for payment for such services.
(h) Annual Reports.--
(1) In general.--Not later than January 1, 2009,
and each year thereafter through 2014, the Director
shall submit to the Secretary of Defense and the
Secretary of Veterans Affairs, and to the appropriate
committees of Congress, a report on the activities of
the Office during the preceding calendar year. Each
report shall include, for the year covered by such
report, the following:
(A) A detailed description of the
activities of the Office, including a detailed
description of the amounts expended and the
purposes for which expended.
(B) An assessment of the progress made by
the Department of Defense and the Department of
Veterans Affairs in the full implementation of
electronic health record systems or
capabilities described in subsection (d).
(2) Availability to public.--The Secretary of
Defense and the Secretary of Veterans Affairs shall
make available to the public each report submitted
under paragraph (1), including by posting such report
on the Internet website of the Department of Defense
and the Department of Veterans Affairs, respectively,
that is available to the public.
(i) Comptroller General Assessment of Implementation.--Not
later than six months after the date of the enactment of this
Act and every six months thereafter until the completion of the
implementation of electronic health record systems or
capabilities described in subsection (d), the Comptroller
General of the United States shall submit to the appropriate
committees of Congress a report setting forth the assessment of
the Comptroller General of the progress of the Department of
Defense and the Department of Veterans Affairs in implementing
electronic health record systems or capabilities described in
subsection (d).
SEC. 1636. ENHANCED PERSONNEL AUTHORITIES FOR THE DEPARTMENT OF DEFENSE
FOR HEALTH CARE PROFESSIONALS FOR CARE AND
TREATMENT OF WOUNDED AND INJURED MEMBERS OF THE
ARMED FORCES.
(a) In General.--Section 1599c of title 10, United States
Code, is amended to read as follows:
``Sec. 1599c. Health care professionals: enhanced appointment and
compensation authority for personnel for care and
treatment of wounded and injured members of the
armed forces
``(a) In General.--The Secretary of Defense may, at the
discretion of the Secretary, exercise any authority for the
appointment and pay of health care personnel under chapter 74
of title 38 for purposes of the recruitment, employment, and
retention of civilian health care professionals for the
Department of Defense if the Secretary determines that the
exercise of such authority is necessary in order to provide or
enhance the capacity of the Department to provide care and
treatment for members of the armed forces who are wounded or
injured on active duty in the armed forces and to support the
ongoing patient care and medical readiness, education, and
training requirements of the Department of Defense.
``(b) Recruitment of Personnel.--(1) The Secretaries of the
military departments shall each develop and implement a
strategy to disseminate among appropriate personnel of the
military departments authorities and best practices for the
recruitment of medical and health professionals, including the
authorities under subsection (a).
``(2) Each strategy under paragraph (1) shall--
``(A) assess current recruitment policies,
procedures, and practices of the military department
concerned to assure that such strategy facilitates the
implementation of efficiencies which reduce the time
required to fill vacant positions for medical and
health professionals; and
``(B) clearly identify processes and actions that
will be used to inform and educate military and
civilian personnel responsible for the recruitment of
medical and health professionals.
``(c) Termination of Authority.--The authority of the
Secretary of Defense to exercise authorities available under
chapter 74 of title 38 for purposes of the recruitment,
employment, and retention of civilian health care professionals
for the Department of Defense expires September 30, 2010.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 81 of such title is amended by striking
the item relating to section 1599c and inserting the following
new item:
``1599c. Health care professionals: enhanced appointment and
compensation authority for personnel for care and treatment of
wounded and injured members of the armed forces.''.
(c) Reports on Strategies on Recruitment of Medical and
Health Professionals.--Not later than six months after the date
of the enactment of this Act, each Secretary of a military
department shall submit to the congressional defense committees
a report setting forth the strategy developed by such Secretary
under section 1599c(b) of title 10, United States Code, as
added by subsection (a).
SEC. 1637. CONTINUATION OF TRANSITIONAL HEALTH BENEFITS FOR MEMBERS OF
THE ARMED FORCES PENDING RESOLUTION OF SERVICE-
RELATED MEDICAL CONDITIONS.
Section 1145(a) of title 10, United States Code, is
amended--
(1) in paragraph (3), by striking ``Transitional
health care'' and inserting ``Except as provided in
paragraph (6), transitional health care''; and
(2) by adding at the end the following new
paragraph:
``(6)(A) A member who has a medical condition relating to
service on active duty that warrants further medical care that
has been identified during the member's 180-day transition
period, which condition can be resolved within 180 days as
determined by a Department of Defense physician, shall be
entitled to receive medical and dental care for that medical
condition, and that medical condition only, as if the member
were a member of the armed forces on active duty for 180 days
following the diagnosis of the condition.
``(B) The Secretary concerned shall ensure that the Defense
Enrollment and Eligibility Reporting System (DEERS) is
continually updated in order to reflect the continuing
entitlement of members covered by subparagraph (A) to the
medical and dental care referred to in that subparagraph.''.
Subtitle D--Disability Matters
SEC. 1641. UTILIZATION OF VETERANS' PRESUMPTION OF SOUND CONDITION IN
ESTABLISHING ELIGIBILITY OF MEMBERS OF THE ARMED
FORCES FOR RETIREMENT FOR DISABILITY.
(a) Retirement of Regulars and Members on Active Duty for
More Than 30 Days.--Clause (i) of section 1201(b)(3)(B) of
title 10, United States Code, is amended to read as follows:
``(i) the member has six months or
more of active military service and the
disability was not noted at the time of
the member's entrance on active duty
(unless compelling evidence or medical
judgment is such to warrant a finding
that the disability existed before the
member's entrance on active duty);''.
(b) Separation of Regulars and Members on Active Duty for
More Than 30 Days.--Section 1203(b)(4)(B) of such title is
amended by striking ``and the member has at least eight years
of service computed under section 1208 of this title'' and
inserting ``, the member has six months or more of active
military service, and the disability was not noted at the time
of the member's entrance on active duty (unless evidence or
medical judgment is such to warrant a finding that the
disability existed before the member's entrance on active
duty)''.
SEC. 1642. REQUIREMENTS AND LIMITATIONS ON DEPARTMENT OF DEFENSE
DETERMINATIONS OF DISABILITY WITH RESPECT TO
MEMBERS OF THE ARMED FORCES.
(a) In General.--Chapter 61 of title 10, United States
Code, is amended by inserting after section 1216 the following
new section:
``Sec. 1216a. Determinations of disability: requirements and
limitations on determinations
``(a) Utilization of VA Schedule for Rating Disabilities in
Determinations of Disability.--(1) In making a determination of
disability of a member of the armed forces for purposes of this
chapter, the Secretary concerned--
``(A) shall, to the extent feasible, utilize the
schedule for rating disabilities in use by the
Department of Veterans Affairs, including any
applicable interpretation of the schedule by the United
States Court of Appeals for Veterans Claims; and
``(B) except as provided in paragraph (2), may not
deviate from the schedule or any such interpretation of
the schedule.
``(2) In making a determination described in paragraph (1),
the Secretary concerned may utilize in lieu of the schedule
described in that paragraph such criteria as the Secretary of
Defense and the Secretary of Veterans Affairs may jointly
prescribe for purposes of this subsection if the utilization of
such criteria will result in a determination of a greater
percentage of disability than would be otherwise determined
through the utilization of the schedule.
``(b) Consideration of All Medical Conditions.--In making a
determination of the rating of disability of a member of the
armed forces for purposes of this chapter, the Secretary
concerned shall take into account all medical conditions,
whether individually or collectively, that render the member
unfit to perform the duties of the member's office, grade,
rank, or rating.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 61 of such title is amended by inserting
after the item relating to section 1216 the following new item:
``1216a. Determinations of disability: requirements and limitations on
determinations.''.
SEC. 1643. REVIEW OF SEPARATION OF MEMBERS OF THE ARMED FORCES
SEPARATED FROM SERVICE WITH A DISABILITY RATING OF
20 PERCENT DISABLED OR LESS.
(a) Board Required.--
(1) In general.--Chapter 79 of title 10, United
States Code, is amended by inserting after section 1554
the following new section:
``Sec. 1554a. Review of separation with disability rating of 20 percent
disabled or less
``(a) In General.--(1) The Secretary of Defense shall
establish within the Office of the Secretary of Defense a board
of review to review the disability determinations of covered
individuals by Physical Evaluation Boards. The board shall be
known as the `Physical Disability Board of Review'.
``(2) The Physical Disability Board of Review shall consist
of not less than three members appointed by the Secretary.
``(b) Covered Individuals.--For purposes of this section,
covered individuals are members and former members of the armed
forces who, during the period beginning on September 11, 2001,
and ending on December 31, 2009--
``(1) are separated from the armed forces due to
unfitness for duty due to a medical condition with a
disability rating of 20 percent disabled or less; and
``(2) are found to be not eligible for retirement.
``(c) Review.--(1) Upon the request of a covered
individual, or a surviving spouse, next of kin, or legal
representative of a covered individual, the Physical Disability
Board of Review shall review the findings and decisions of the
Physical Evaluation Board with respect to such covered
individual. Subject to paragraph (3), upon its own motion, the
Physical Disability Board of Review may review the findings and
decisions of the Physical Evaluation Board with respect to a
covered individual.
``(2) The review by the Physical Disability Board of Review
under paragraph (1) shall be based on the records of the armed
force concerned and such other evidence as may be presented to
the Physical Disability Board of Review. A witness may present
evidence to the Board by affidavit or by any other means
considered acceptable by the Secretary of Defense.
``(3) If the Physical Disability Board of Review proposes
to review, upon its own motion, the findings and decisions of
the Physical Evaluation Board with respect to a covered
individual, the Physical Disability Board of Review shall
notify the covered individual, or a surviving spouse, next of
kin, or legal representative of the covered individual, of the
proposed review and obtain the consent of the covered
individual or a surviving spouse, next of kin, or legal
representative of the covered individual before proceeding with
the review.
``(4) With respect to any review by the Physical Disability
Board of Review of the findings and decisions of the Physical
Evaluation Board with respect to a covered individual, whether
initiated at the request of the covered individual or a
surviving spouse, next of kin, or legal representative of the
covered individual or initiated by the Physical Disability
Board of Review, the Physical Disability Board of Review shall
notify the covered individual or a surviving spouse, next of
kin, or legal representative of the covered individual that, as
a result of the request or consent, the covered individual or a
surviving spouse, next of kin, or legal representative of the
covered individual may not seek relief from the Board for
Correction of Military Records operated by the Secretary
concerned.
``(d) Authorized Recommendations.--The Physical Disability
Board of Review may, as a result of its findings under a review
under subsection (c), recommend to the Secretary concerned the
following (as applicable) with respect to a covered individual:
``(1) No recharacterization of the separation of
such individual or modification of the disability
rating previously assigned such individual.
``(2) The recharacterization of the separation of
such individual to retirement for disability.
``(3) The modification of the disability rating
previously assigned such individual by the Physical
Evaluation Board concerned, which modified disability
rating may not be a reduction of the disability rating
previously assigned such individual by that Physical
Evaluation Board.
``(4) The issuance of a new disability rating for
such individual.
``(e) Correction of Military Records.--(1) The Secretary
concerned may correct the military records of a covered
individual in accordance with a recommendation made by the
Physical Disability Board of Review under subsection (d). Any
such correction may be made effective as of the effective date
of the action taken on the report of the Physical Evaluation
Board to which such recommendation relates.
``(2) In the case of a member previously separated pursuant
to the findings and decision of a Physical Evaluation Board
together with a lump-sum or other payment of back pay and
allowances at separation, the amount of pay or other monetary
benefits to which such member would be entitled based on the
member's military record as corrected shall be reduced to take
into account receipt of such lump-sum or other payment in such
manner as the Secretary of Defense considers appropriate.
``(3) If the Physical Disability Board of Review makes a
recommendation not to correct the military records of a covered
individual, the action taken on the report of the Physical
Evaluation Board to which such recommendation relates shall be
treated as final as of the date of such action.
``(f) Regulations.--(1) This section shall be carried out
in accordance with regulations prescribed by the Secretary of
Defense.
``(2) The regulations under paragraph (1) shall specify
reasonable deadlines for the performance of reviews required by
this section.
``(3) The regulations under paragraph (1) shall specify the
effect of a determination or pending determination of a
Physical Evaluation Board on considerations by boards for
correction of military records under section 1552 of this
title.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 79 of such title is amended by
inserting after the item relating to section 1554 the
following new item:
``1554a. Review of separation with disability rating of 20 percent
disabled or less.''.
(b) Implementation.--The Secretary of Defense shall
establish the board of review required by section 1554a of
title 10, United States Code (as added by subsection (a)), and
prescribe the regulations required by such section, not later
than 90 days after the date of the enactment of this Act.
SEC. 1644. AUTHORIZATION OF PILOT PROGRAMS TO IMPROVE THE DISABILITY
EVALUATION SYSTEM FOR MEMBERS OF THE ARMED FORCES.
(a) Pilot Programs.--
(1) Programs authorized.--For the purposes set
forth in subsection (c), the Secretary of Defense may
establish and conduct pilot programs with respect to
the system of the Department of Defense for the
evaluation of the disabilities of members of the Armed
Forces who are being separated or retired from the
Armed Forces for disability under chapter 61 of title
10, United States Code (in this section referred to as
the ``disability evaluation system'').
(2) Types of pilot programs.--In carrying out this
section, the Secretary of Defense may conduct one or
more of the pilot programs described in paragraphs (1)
through (3) of subsection (b) or such other pilot
programs as the Secretary of Defense considers
appropriate.
(3) Consultation.--In establishing and conducting
any pilot program under this section, the Secretary of
Defense shall consult with the Secretary of Veterans
Affairs.
(b) Scope of Pilot Programs.--
(1) Disability determinations by dod utilizing va
assigned disability rating.--Under one of the pilot
programs authorized by subsection (a), for purposes of
making a determination of disability of a member of the
Armed Forces under section 1201(b) of title 10, United
States Code, for the retirement, separation, or
placement of the member on the temporary disability
retired list under chapter 61 of such title, upon a
determination by the Secretary of the military
department concerned that the member is unfit to
perform the duties of the member's office, grade, rank,
or rating because of a physical disability as described
in section 1201(a) of such title--
(A) the Secretary of Veterans Affairs may--
(i) conduct an evaluation of the
member for physical disability; and
(ii) assign the member a rating of
disability in accordance with the
schedule for rating disabilities
utilized by the Secretary of Veterans
Affairs based on all medical conditions
(whether individually or collectively)
that render the member unfit for duty;
and
(B) the Secretary of the military
department concerned may make the determination
of disability regarding the member utilizing
the rating of disability assigned under
subparagraph (A)(ii).
(2) Disability determinations utilizing joint dod/
va assigned disability rating.--Under one of the pilot
programs authorized by subsection (a), in making a
determination of disability of a member of the Armed
Forces under section 1201(b) of title 10, United States
Code, for the retirement, separation, or placement of
the member on the temporary disability retired list
under chapter 61 of such title, the Secretary of the
military department concerned may, upon determining
that the member is unfit to perform the duties of the
member's office, grade, rank, or rating because of a
physical disability as described in section 1201(a) of
such title--
(A) provide for the joint evaluation of the
member for disability by the Secretary of the
military department concerned and the Secretary
of Veterans Affairs, including the assignment
of a rating of disability for the member in
accordance with the schedule for rating
disabilities utilized by the Secretary of
Veterans Affairs based on all medical
conditions (whether individually or
collectively) that render the member unfit for
duty; and
(B) make the determination of disability
regarding the member utilizing the rating of
disability assigned under subparagraph (A).
(3) Electronic clearing house.--Under one of the
pilot programs authorized by subsection (a), the
Secretary of Defense may establish and operate a single
Internet website for the disability evaluation system
of the Department of Defense that enables participating
members of the Armed Forces to fully utilize such
system through the Internet, with such Internet website
to include the following:
(A) The availability of any forms required
for the utilization of the disability
evaluation system by members of the Armed
Forces under the system.
(B) Secure mechanisms for the submission of
such forms by members of the Armed Forces under
the system, and for the tracking of the
acceptance and review of any forms so
submitted.
(C) Secure mechanisms for advising members
of the Armed Forces under the system of any
additional information, forms, or other items
that are required for the acceptance and review
of any forms so submitted.
(D) The continuous availability of
assistance to members of the Armed Forces under
the system (including assistance through the
caseworkers assigned to such members of the
Armed Forces) in submitting and tracking such
forms, including assistance in obtaining
information, forms, or other items described by
subparagraph (C).
(E) Secure mechanisms to request and
receive personnel files or other personnel
records of members of the Armed Forces under
the system that are required for submission
under the disability evaluation system,
including the capability to track requests for
such files or records and to determine the
status of such requests and of responses to
such requests.
(4) Other pilot programs.--The pilot programs
authorized by subsection (a) may also provide for the
development, evaluation, and identification of such
practices and procedures under the disability
evaluation system as the Secretary considers
appropriate for purposes set forth in subsection (c).
(c) Purposes.--A pilot program established under subsection
(a) may have one or more of the following purposes:
(1) To provide for the development, evaluation, and
identification of revised and improved practices and
procedures under the disability evaluation system in
order to--
(A) reduce the processing time under the
disability evaluation system of members of the
Armed Forces who are likely to be retired or
separated for disability, and who have not
requested continuation on active duty,
including, in particular, members who are
severely wounded;
(B) identify and implement or seek the
modification of statutory or administrative
policies and requirements applicable to the
disability evaluation system that--
(i) are unnecessary or contrary to
applicable best practices of civilian
employers and civilian healthcare
systems; or
(ii) otherwise result in hardship,
arbitrary, or inconsistent outcomes for
members of the Armed Forces, or
unwarranted inefficiencies and delays;
(C) eliminate material variations in
policies, interpretations, and overall
performance standards among the military
departments under the disability evaluation
system; and
(D) determine whether it enhances the
capability of the Department of Veterans
Affairs to receive and determine claims from
members of the Armed Forces for compensation,
pension, hospitalization, or other veterans
benefits.
(2) In conjunction with the findings and
recommendations of applicable Presidential and
Department of Defense study groups, to provide for the
eventual development of revised and improved practices
and procedures for the disability evaluation system in
order to achieve the objectives set forth in paragraph
(1).
(d) Utilization of Results in Updates of Comprehensive
Policy on Care, Management, and Transition of Recovering
Service Members.--The Secretary of Defense and the Secretary of
Veterans Affairs, acting jointly, may incorporate responses to
any findings and recommendations arising under the pilot
programs conducted under subsection (a) in updating the
comprehensive policy on the care and management of covered
service members under section 1611(a)(4).
(e) Construction With Other Authorities.--
(1) In general.--Subject to paragraph (2), in
carrying out a pilot program under subsection (a)--
(A) the rules and regulations of the
Department of Defense and the Department of
Veterans Affairs relating to methods of
determining fitness or unfitness for duty and
disability ratings for members of the Armed
Forces shall apply to the pilot program only to
the extent provided in the report on the pilot
program under subsection (g)(1); and
(B) the Secretary of Defense and the
Secretary of Veterans Affairs may waive any
provision of title 10, 37, or 38, United States
Code, relating to methods of determining
fitness or unfitness for duty and disability
ratings for members of the Armed Forces if the
Secretaries determine in writing that the
application of such provision would be
inconsistent with the purpose of the pilot
program.
(2) Limitation.--Nothing in paragraph (1) shall be
construed to authorize the waiver of any provision of
section 1216a of title 10, United States Code, as added
by section 1642 of this Act.
(f) Duration.--Each pilot program conducted under
subsection (a) shall be completed not later than one year after
the date of the commencement of such pilot program under that
subsection.
(g) Reports.--
(1) Initial report.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the appropriate committees of
Congress a report on each pilot program that has been
commenced as of that date under subsection (a). The
report shall include--
(A) a description of the scope and
objectives of the pilot program;
(B) a description of the methodology to be
used under the pilot program to ensure rapid
identification under such pilot program of
revised or improved practices under the
disability evaluation system in order to
achieve the objectives set forth in subsection
(c)(1); and
(C) a statement of any provision described
in subsection (e)(1)(B) that will not apply to
the pilot program by reason of a waiver under
that subsection.
(2) Interim report.--Not later than 180 days after
the date of the submittal of the report required by
paragraph (1) with respect to a pilot program, the
Secretary shall submit to the appropriate committees of
Congress a report describing the current status of the
pilot program.
(3) Final report.--Not later than 90 days after the
completion of all of the pilot programs conducted under
subsection (a), the Secretary shall submit to the
appropriate committees of Congress a report setting
forth a final evaluation and assessment of the pilot
programs. The report shall include such recommendations
for legislative or administrative action as the
Secretary considers appropriate in light of such pilot
programs.
SEC. 1645. REPORTS ON ARMY ACTION PLAN IN RESPONSE TO DEFICIENCIES IN
THE ARMY PHYSICAL DISABILITY EVALUATION SYSTEM.
(a) Reports Required.--Not later than June 1, 2008, and
June 1, 2009, the Secretary of Defense shall submit to the
congressional defense committees a report on the implementation
of corrective measures by the Department of Defense with
respect to the Physical Disability Evaluation System (PDES) in
response to the following:
(1) The report of the Inspector General of the Army
on that system of March 6, 2007.
(2) The report of the Independent Review Group on
Rehabilitation Care and Administrative Processes at
Walter Reed Army Medical Center and National Naval
Medical Center.
(3) The report of the Department of Veterans
Affairs Task Force on Returning Global War on Terror
Heroes.
(b) Elements of Report.--Each report under subsection (a)
shall include current information on the following:
(1) The total number of cases, and the number of
cases involving combat disabled service members,
pending resolution before the Medical and Physical
Disability Evaluation Boards of the Army, including
information on the number of members of the Army who
have been in a medical hold or holdover status for more
than each of 100, 200, and 300 days.
(2) The status of the implementation of
modifications to disability evaluation processes of the
Department of Defense in response to the following:
(A) The report of the Inspector General on
such processes dated March 6, 2007.
(B) The report of the Independent Review
Group on Rehabilitation Care and Administrative
Processes at Walter Reed Army Medical Center
and National Naval Medical Center.
(C) The report of the Department of
Veterans Affairs Task Force on Returning Global
War on Terror Heroes.
(c) Posting on Internet.--Not later than 24 hours after
submitting a report under subsection (a), the Secretary shall
post such report on the Internet website of the Department of
Defense that is available to the public.
SEC. 1646. ENHANCEMENT OF DISABILITY SEVERANCE PAY FOR MEMBERS OF THE
ARMED FORCES.
(a) In General.--Section 1212 of title 10, United States
Code, is amended--
(1) in subsection (a)(1), by striking ``his years
of service, but not more than 12, computed under
section 1208 of this title'' in the matter preceding
subparagraph (A) and inserting ``the member's years of
service computed under section 1208 of this title
(subject to the minimum and maximum years of service
provided for in subsection (c))'';
(2) by redesignating subsection (c) as subsection
(d); and
(3) by inserting after subsection (b) the following
new subsection (c):
``(c)(1) The minimum years of service of a member for
purposes of subsection (a)(1) shall be as follows:
``(A) Six years in the case of a member separated
from the armed forces for a disability incurred in line
of duty in a combat zone (as designated by the
Secretary of Defense for purposes of this subsection)
or incurred during the performance of duty in combat-
related operations as designated by the Secretary of
Defense.
``(B) Three years in the case of any other member.
``(2) The maximum years of service of a member for purposes
of subsection (a)(1) shall be 19 years.''.
(b) No Deduction From Compensation of Severance Pay for
Disabilities Incurred in Combat Zones.--Subsection (d) of such
section, as redesignated by subsection (a)(2) of this section,
is further amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) by striking the second sentence; and
(3) by adding at the end the following new
paragraphs:
``(2) No deduction may be made under paragraph (1) in the
case of disability severance pay received by a member for a
disability incurred in line of duty in a combat zone or
incurred during performance of duty in combat-related
operations as designated by the Secretary of Defense.
``(3) No deduction may be made under paragraph (1) from any
death compensation to which a member's dependents become
entitled after the member's death.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act, and
shall apply with respect to members of the Armed Forces
separated from the Armed Forces under chapter 61 of title 10,
United States Code, on or after that date.
SEC. 1647. ASSESSMENTS OF CONTINUING UTILITY AND FUTURE ROLE OF
TEMPORARY DISABILITY RETIRED LIST.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
containing--
(1) a statistical history since January 1, 2000, of
the numbers of members of the Armed Forces who are
returned to duty or separated following a tenure on the
temporary disability retired list and, in the case of
members who were separated, how many of the members
were granted disability separation or retirement and
what were their disability ratings;
(2) the results of the assessments required by
subsection (b); and
(3) such recommendations for the modification or
improvement of the temporary disability retired list as
the Secretary considers appropriate in response to the
assessments.
(b) Required Assessments.--The assessments required to be
conducted as part of the report under subsection (a) are the
following:
(1) An assessment of the continuing utility of the
temporary disability retired list in satisfying the
purposes for which the temporary disability retired
list was established.
(2) An assessment of the need to require that the
condition of a member be permanent and stable before
the member is separated with less than a 30 percent
disability rating prior to exceeding the maximum tenure
allowed on the temporary disability retired list.
(3) An assessment of the future role of the
temporary disability retired list in the Disability
Evaluation System of the Department of Defense and the
changes in policy and law required to fulfill the
future role of the temporary disability retire list.
SEC. 1648. STANDARDS FOR MILITARY MEDICAL TREATMENT FACILITIES,
SPECIALTY MEDICAL CARE FACILITIES, AND MILITARY
QUARTERS HOUSING PATIENTS AND ANNUAL REPORT ON SUCH
FACILITIES.
(a) Establishment of Standards.--The Secretary of Defense
shall establish for the military facilities of the Department
of Defense and the military departments referred to in
subsection (b) standards with respect to the matters set forth
in subsection (c). To the maximum extent practicable, the
standards shall--
(1) be uniform and consistent for all such
facilities; and
(2) be uniform and consistent throughout the
Department of Defense and the military departments.
(b) Covered Military Facilities.--The military facilities
covered by this section are the following:
(1) Military medical treatment facilities.
(2) Specialty medical care facilities.
(3) Military quarters or leased housing for
patients.
(c) Scope of Standards.--The standards required by
subsection (a) shall include the following:
(1) Generally accepted standards for the
accreditation of medical facilities, or for facilities
used to quarter individuals that may require medical
supervision, as applicable, in the United States.
(2) To the extent not inconsistent with the
standards described in paragraph (1), minimally
acceptable conditions for the following:
(A) Appearance and maintenance of
facilities generally, including the structure
and roofs of facilities.
(B) Size, appearance, and maintenance of
rooms housing or utilized by patients,
including furniture and amenities in such
rooms.
(C) Operation and maintenance of primary
and back-up facility utility systems and other
systems required for patient care, including
electrical systems, plumbing systems, heating,
ventilation, and air conditioning systems,
communications systems, fire protection
systems, energy management systems, and other
systems required for patient care.
(D) Compliance of facilities, rooms, and
grounds, to the maximum extent practicable,
with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.).
(E) Such other matters relating to the
appearance, size, operation, and maintenance of
facilities and rooms as the Secretary considers
appropriate.
(d) Compliance With Standards.--
(1) Deadline.--In establishing standards under
subsection (a), the Secretary shall specify a deadline
for compliance with such standards by each facility
referred to in subsection (b). The deadline shall be at
the earliest date practicable after the date of the
enactment of this Act, and shall, to the maximum extent
practicable, be uniform across the facilities referred
to in subsection (b).
(2) Investment.--In carrying out this section, the
Secretary shall also establish guidelines for
investment to be utilized by the Department of Defense
and the military departments in determining the
allocation of financial resources to facilities
referred to in subsection (b) in order to meet the
deadline specified under paragraph (1).
(e) Report on Development and Implementation of
Standards.--
(1) In general.--Not later than March 1, 2008, the
Secretary shall submit to the congressional defense
committees a report on the actions taken to carry out
subsection (a).
(2) Elements.--The report under paragraph (1) shall
include the following:
(A) The standards established under
subsection (a).
(B) An assessment of the appearance,
condition, and maintenance of each facility
referred to in subsection (b), including--
(i) an assessment of the compliance
of the facility with the standards
established under subsection (a); and
(ii) a description of any
deficiency or noncompliance in each
facility with the standards.
(C) A description of the investment to be
allocated to address each deficiency or
noncompliance identified under subparagraph
(B)(ii).
(f) Annual Report.--Not later than the date on which the
President submits the budget for a fiscal year to Congress
pursuant to section 1105 of title 31, United States Code, the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
adequacy, suitability, and quality of each facility referred to
in subsection (b). The Secretary shall include in each report
information regarding--
(1) any deficiencies in the adequacy, quality, or
state of repair of medical-related support facilities
raised as a result of information received during the
period covered by the report through the toll-free hot
line required by section 1616; and
(2) the investigations conducted and plans of
action prepared under such section to respond to such
deficiencies.
SEC. 1649. REPORTS ON ARMY MEDICAL ACTION PLAN IN RESPONSE TO
DEFICIENCIES IDENTIFIED AT WALTER REED ARMY MEDICAL
CENTER, DISTRICT OF COLUMBIA.
Not later than 30 days after the date of the enactment of
this Act, and every 180 days thereafter until March 1, 2009,
the Secretary of Defense shall submit to the congressional
defense committees a report on the implementation of the Army
Medical Action Plan to correct deficiencies identified in the
condition of facilities and patient administration.
SEC. 1650. REQUIRED CERTIFICATIONS IN CONNECTION WITH CLOSURE OF WALTER
REED ARMY MEDICAL CENTER, DISTRICT OF COLUMBIA.
(a) Certifications.--In implementing the decision to close
Walter Reed Army Medical Center, District of Columbia, required
as a result of the 2005 round of defense base closure and
realignment under the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; U.S.C.
2687 note), the Secretary of Defense shall submit to the
congressional defense committees a certification of each of the
following:
(1) That a transition plan has been developed, and
resources have been committed, to ensure that patient
care services, medical operations, and facilities are
sustained at the highest possible level at Walter Reed
Army Medical Center until facilities to replace Walter
Reed Army Medical Center are staffed and ready to
assume at least the same level of care previously
provided at Walter Reed Army Medical Center.
(2) That the closure of Walter Reed Army Medical
Center will not result in a net loss of capacity in the
major medical centers in the National Capitol Region in
terms of total bed capacity or staffed bed capacity.
(3) That the capacity of medical hold and
outpatient lodging facilities operating at Walter Reed
Army Medical Center as of the date of the certification
will be available in sufficient quantities at the
facilities designated to replace Walter Reed Army
Medical Center by the date of the closure of Walter
Reed Army Medical Center.
(b) Time for Submittal.--The Secretary shall submit the
certifications required by subsection (a) not later than 90
days after the date of the enactment of this Act. If the
Secretary is unable to make one or more of the certifications
by the end of the 90-day period, the Secretary shall notify the
congressional defense committees of the delay and the reasons
for the delay.
SEC. 1651. HANDBOOK FOR MEMBERS OF THE ARMED FORCES ON COMPENSATION AND
BENEFITS AVAILABLE FOR SERIOUS INJURIES AND
ILLNESSES.
(a) Information on Available Compensation and Benefits.--
Not later than October 1, 2008, the Secretary of Defense shall
develop and maintain, in handbook and electronic form, a
comprehensive description of the compensation and other
benefits to which a member of the Armed Forces, and the family
of such member, would be entitled upon the separation or
retirement of the member from the Armed Forces as a result of a
serious injury or illness. The handbook shall set forth the
range of such compensation and benefits based on grade, length
of service, degree of disability at separation or retirement,
and such other factors affecting such compensation and benefits
as the Secretary considers appropriate.
(b) Consultation.--The Secretary of Defense shall develop
and maintain the comprehensive description required by
subsection (a), including the handbook and electronic form of
the description, in consultation with the Secretary of Veterans
Affairs, the Secretary of Health and Human Services, and the
Commissioner of Social Security.
(c) Update.--The Secretary of Defense shall update the
comprehensive description required by subsection (a), including
the handbook and electronic form of the description, on a
periodic basis, but not less often than annually.
(d) Provision to Members.--The Secretary of the military
department concerned shall provide the descriptive handbook
under subsection (a) to each member of the Armed Forces
described in that subsection as soon as practicable following
the injury or illness qualifying the member for coverage under
such subsection.
(e) Provision to Representatives.--If a member is
incapacitated or otherwise unable to receive the descriptive
handbook to be provided under subsection (a), the handbook
shall be provided to the next of kin or a legal representative
of the member, as determined in accordance with regulations
prescribed by the Secretary of the military department
concerned for purposes of this section.
Subtitle E--Studies and Reports
SEC. 1661. STUDY ON PHYSICAL AND MENTAL HEALTH AND OTHER READJUSTMENT
NEEDS OF MEMBERS AND FORMER MEMBERS OF THE ARMED
FORCES WHO DEPLOYED IN OPERATION IRAQI FREEDOM AND
OPERATION ENDURING FREEDOM AND THEIR FAMILIES.
(a) Study Required.--The Secretary of Defense shall, in
consultation with the Secretary of Veterans Affairs, enter into
an agreement with the National Academy of Sciences for a study
on the physical and mental health and other readjustment needs
of members and former members of the Armed Forces who deployed
in Operation Iraqi Freedom or Operation Enduring Freedom and
their families as a result of such deployment.
(b) Phases.--The study required under subsection (a) shall
consist of two phases:
(1) A preliminary phase, to be completed not later
than one year after the date of the enactment of this
Act--
(A) to identify preliminary findings on the
physical and mental health and other
readjustment needs described in subsection (a)
and on gaps in care for the members, former
members, and families described in that
subsection; and
(B) to determine the parameters of the
second phase of the study under paragraph (2).
(2) A second phase, to be completed not later than
three years after the date of the enactment of this
Act, to carry out a comprehensive assessment, in
accordance with the parameters identified under the
preliminary report required by paragraph (1), of the
physical and mental health and other readjustment needs
of members and former members of the Armed Forces who
deployed in Operation Iraqi Freedom or Operation
Enduring Freedom and their families as a result of such
deployment, including, at a minimum--
(A) an assessment of the psychological,
social, and economic impacts of such deployment
on such members and former members and their
families;
(B) an assessment of the particular impacts
of multiple deployments in Operation Iraqi
Freedom or Operation Enduring Freedom on such
members and former members and their families;
(C) an assessment of the full scope of the
neurological, psychiatric, and psychological
effects of traumatic brain injury on members
and former members of the Armed Forces,
including the effects of such effects on the
family members of such members and former
members, and an assessment of the efficacy of
current treatment approaches for traumatic
brain injury in the United States and the
efficacy of screenings and treatment approaches
for traumatic brain injury within the
Department of Defense and the Department of
Veterans Affairs;
(D) an assessment of the effects of
undiagnosed injuries such as post-traumatic
stress disorder and traumatic brain injury, an
estimate of the long-term costs associated with
such injuries, and an assessment of the
efficacy of screenings and treatment approaches
for post-traumatic stress disorder and other
mental health conditions within the Department
of Defense and Department of Veterans Affairs;
(E) an assessment of the gender- and ethnic
group-specific needs and concerns of members of
the Armed Forces and veterans;
(F) an assessment of the particular needs
and concerns of children of members of the
Armed Forces, taking into account differing age
groups, impacts on development and education,
and the mental and emotional well being of
children;
(G) an assessment of the particular
educational and vocational needs of such
members and former members and their families,
and an assessment of the efficacy of existing
educational and vocational programs to address
such needs;
(H) an assessment of the impacts on
communities with high populations of military
families, including military housing
communities and townships with deployed members
of the National Guard and Reserve, of
deployments associated with Operation Iraqi
Freedom and Operation Enduring Freedom, and an
assessment of the efficacy of programs that
address community outreach and education
concerning military deployments of community
residents;
(I) an assessment of the impacts of
increasing numbers of older and married members
of the Armed Forces on readjustment
requirements;
(J) the development, based on such
assessments, of recommendations for programs,
treatments, or policy remedies targeted at
preventing, minimizing, or addressing the
impacts, gaps, and needs identified; and
(K) the development, based on such
assessments, of recommendations for additional
research on such needs.
(c) Populations To Be Studied.--The study required under
subsection (a) shall consider the readjustment needs of each
population of individuals as follows:
(1) Members of the regular components of the Armed
Forces who are returning, or have returned, to the
United States from deployment in Operation Iraqi
Freedom or Operation Enduring Freedom.
(2) Members of the National Guard and Reserve who
are returning, or have returned, to the United States
from deployment in Operation Iraqi Freedom or Operation
Enduring Freedom.
(3) Veterans of Operation Iraqi Freedom or
Operation Enduring Freedom.
(4) Family members of the members and veterans
described in paragraphs (1) through (3).
(d) Access to Information.--The National Academy of
Sciences shall have access to such personnel, information,
records, and systems of the Department of Defense and the
Department of Veterans Affairs as the National Academy of
Sciences requires in order to carry out the study required
under subsection (a).
(e) Privacy of Information.--The National Academy of
Sciences shall maintain any personally identifiable information
accessed by the Academy in carrying out the study required
under subsection (a) in accordance with all applicable laws,
protections, and best practices regarding the privacy of such
information, and may not permit access to such information by
any persons or entities not engaged in work under the study.
(f) Reports by National Academy of Sciences.--Upon the
completion of each phase of the study required under subsection
(a), the National Academy of Sciences shall submit to the
Secretary of Defense, the Secretary of Veterans Affairs, and
the congressional defense committees a report on such phase of
the study.
(g) DoD and VA Response to NAS Reports.--Not later than 90
days after the receipt of a report under subsection (f) on each
phase of the study required under subsection (a), the Secretary
of Defense and the Secretary of Veterans Affairs shall develop
a final joint Department of Defense-Department of Veterans
Affairs response to the findings and recommendations of the
National Academy of Sciences contained in such report.
SEC. 1662. ACCESS OF RECOVERING SERVICE MEMBERS TO ADEQUATE OUTPATIENT
RESIDENTIAL FACILITIES.
(a) Required Inspections of Facilities.--All quarters of
the United States and housing facilities under the jurisdiction
of the Armed Forces that are occupied by recovering service
members shall be inspected on a semiannual basis for the first
two years after the enactment of this Act and annually
thereafter by the inspectors general of the regional medical
commands.
(b) Inspector General Reports.--The inspector general for
each regional medical command shall--
(1) submit a report on each inspection of a
facility conducted under subsection (a) to the post
commander at such facility, the commanding officer of
the hospital affiliated with such facility, the surgeon
general of the military department that operates such
hospital, the Secretary of the military department
concerned, the Assistant Secretary of Defense for
Health Affairs, and the congressional defense
committees; and
(2) post each such report on the Internet website
of such regional medical command.
SEC. 1663. STUDY AND REPORT ON SUPPORT SERVICES FOR FAMILIES OF
RECOVERING SERVICE MEMBERS.
(a) Study Required.--The Secretary of Defense shall conduct
a study of the provision of support services for families of
recovering service members.
(b) Matters Covered.--The study under subsection (a) shall
include the following:
(1) A determination of the types of support
services, including job placement services, that are
currently provided by the Department of Defense to
eligible family members, and the cost of providing such
services.
(2) A determination of additional types of support
services that would be feasible for the Department to
provide to such family members, and the costs of
providing such services, including the following types
of services:
(A) The provision of medical care at
military medical treatment facilities.
(B) The provision of additional employment
services, and the need for employment
protection, of such family members who are
placed on leave from employment or otherwise
displaced from employment while caring for a
recovering service member for more than 45 days
during a one-year period.
(C) The provision of meals without charge
at military medical treatment facilities.
(3) A survey of military medical treatment
facilities to estimate the number of family members to
whom the support services would be provided.
(4) A determination of any discrimination in
employment that such family members experience,
including denial of retention in employment, promotion,
or any benefit of employment by an employer on the
basis of the person's absence from employment, and a
determination, in consultation with the Secretary of
Labor, of the options available for such family
members.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the study, with such
findings and recommendations as the Secretary considers
appropriate.
SEC. 1664. REPORT ON TRAUMATIC BRAIN INJURY CLASSIFICATIONS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense and the Secretary of
Veterans Affairs jointly shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report describing the changes undertaken within the Department
of Defense and the Department of Veterans Affairs to ensure
that traumatic brain injury victims receive a medical
designation concomitant with their injury rather than a medical
designation that assigns a generic classification (such as
``organic psychiatric disorder'').
SEC. 1665. EVALUATION OF THE POLYTRAUMA LIAISON OFFICER/NON-
COMMISSIONED OFFICER PROGRAM.
(a) Evaluation Required.--The Secretary of Defense shall
conduct an evaluation of the Polytrauma Liaison Officer/Non-
Commissioned Officer program, which is the program operated by
each of the military departments and the Department of Veterans
Affairs for the purpose of--
(1) assisting in the seamless transition of members
of the Armed Forces from the Department of Defense
health care system to the Department of Veterans
Affairs system; and
(2) expediting the flow of information and
communication between military treatment facilities and
the Veterans Affairs Polytrauma Centers.
(b) Matters Covered.--The evaluation of the Polytrauma
Liaison Officer/Non-Commissioned Officer program shall include
an evaluation of the following:
(1) The program's effectiveness in the following
areas:
(A) Handling of military patient transfers.
(B) Ability to access military records in a
timely manner.
(C) Collaboration with Polytrauma Center
treatment teams.
(D) Collaboration with veteran service
organizations.
(E) Functioning as the Polytrauma Center's
subject-matter expert on military issues.
(F) Supporting and assisting family
members.
(G) Providing education, information, and
referrals to members of the Armed Forces and
their family members.
(H) Functioning as uniformed advocates for
members of the Armed Forces and their family
members.
(I) Inclusion in Polytrauma Center
meetings.
(J) Completion of required administrative
reporting.
(K) Ability to provide necessary
administrative support to all members of the
Armed Forces.
(2) Manpower requirements to effectively carry out
all required functions of the Polytrauma Liaison
Officer/Non-Commissioned Officer program given current
and expected case loads.
(3) Expansion of the program to incorporate Navy
and Marine Corps officers and senior enlisted
personnel.
(c) Reporting Requirement.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report containing--
(1) the results of the evaluation; and
(2) recommendations for any improvements in the
program.
Subtitle F--Other Matters
SEC. 1671. PROHIBITION ON TRANSFER OF RESOURCES FROM MEDICAL CARE.
Neither the Secretary of Defense nor the Secretaries of the
military departments may transfer funds or personnel from
medical care functions to administrative functions within the
Department of Defense in order to comply with the new
administrative requirements imposed by this title or the
amendments made by this title.
SEC. 1672. MEDICAL CARE FOR FAMILIES OF MEMBERS OF THE ARMED FORCES
RECOVERING FROM SERIOUS INJURIES OR ILLNESSES.
(a) Medical Care at Military Medical Facilities.--
(1) Medical care.--A family member of a recovering
service member who is not otherwise eligible for
medical care at a military medical treatment facility
may be eligible for such care at such facilities, on a
space-available basis, if the family member is--
(A) on invitational orders while caring for
the service member;
(B) a non-medical attendee caring for the
service member; or
(C) receiving per diem payments from the
Department of Defense while caring for the
service member.
(2) Specification of family members.--The Secretary
of Defense may prescribe in regulations the family
members of recovering service members who shall be
considered to be a family member of a service member
for purposes of this subsection.
(3) Specification of care.--The Secretary of
Defense shall prescribe in regulations the medical care
that may be available to family members under this
subsection at military medical treatment facilities.
(4) Recovery of costs.--The United States may
recover the costs of the provision of medical care
under this subsection as follows (as applicable):
(A) From third-party payers, in the same
manner as the United States may collect costs
of the charges of health care provided to
covered beneficiaries from third-party payers
under section 1095 of title 10, United States
Code.
(B) As if such care was provided under the
authority of section 1784 of title 38, United
States Code.
(b) Medical Care at Department of Veterans Affairs Medical
Facilities.--
(1) Medical care.--When a recovering service member
is receiving hospital care and medical services at a
medical facility of the Department of Veterans Affairs,
the Secretary of Veterans Affairs may provide medical
care for eligible family members under this section
when that care is readily available at that Department
facility and on a space-available basis.
(2) Regulations.--The Secretary of Veterans Affairs
shall prescribe in regulations the medical care that
may be available to family members under this
subsection at medical facilities of the Department of
Veterans Affairs.
SEC. 1673. IMPROVEMENT OF MEDICAL TRACKING SYSTEM FOR MEMBERS OF THE
ARMED FORCES DEPLOYED OVERSEAS.
(a) Protocol for Assessment of Cognitive Functioning.--
(1) Protocol required.--Subsection (b) of section
1074f of title 10, United States Code, is amended--
(A) in paragraph (2), by adding at the end
the following new subparagraph:
``(C) An assessment of post-traumatic stress
disorder.''; and
(B) by adding at the end the following new
paragraph:
``(3)(A) The Secretary shall establish for purposes of
subparagraphs (B) and (C) of paragraph (2) a protocol for the
predeployment assessment and documentation of the cognitive
(including memory) functioning of a member who is deployed
outside the United States in order to facilitate the assessment
of the postdeployment cognitive (including memory) functioning
of the member.
``(B) The protocol under subparagraph (A) shall include
appropriate mechanisms to permit the differential diagnosis of
traumatic brain injury in members returning from deployment in
a combat zone.''.
(2) Pilot projects.--(A) In developing the protocol
required by paragraph (3) of section 1074f(b) of title
10, United States Code (as amended by paragraph (1) of
this subsection), for purposes of assessments for
traumatic brain injury, the Secretary of Defense shall
conduct up to three pilot projects to evaluate various
mechanisms for use in the protocol for such purposes.
One of the mechanisms to be so evaluated shall be a
computer-based assessment tool which shall, at a
minimum, include the following:
(i) Administration of computer-based
neurocognitive assessment.
(ii) Pre-deployment assessments to
establish a neurocognitive baseline for members
of the Armed Forces for future treatment.
(B) Not later than 60 days after the completion of
the pilot projects conducted under this paragraph, the
Secretary shall submit to the appropriate committees of
Congress a report on the pilot projects. The report
shall include--
(i) a description of the pilot projects so
conducted;
(ii) an assessment of the results of each
such pilot project; and
(iii) a description of any mechanisms
evaluated under each such pilot project that
will be incorporated into the protocol.
(C) Not later than 180 days after completion of the
pilot projects conducted under this paragraph, the
Secretary shall establish a means for implementing any
mechanism evaluated under such a pilot project that is
selected for incorporation in the protocol.
(b) Quality Assurance.--Subsection (d)(2) of section 1074f
of title 10, United States Code, is amended by adding at the
end the following new subparagraph:
``(F) The diagnosis and treatment of traumatic
brain injury and post-traumatic stress disorder.''.
(c) Standards for Deployment.--Subsection (f) of such
section is amended--
(1) in the subsection heading, by striking ``Mental
Health''; and
(2) in paragraph (2)(B), by striking ``or'' and
inserting ``, traumatic brain injury, or''.
SEC. 1674. GUARANTEED FUNDING FOR WALTER REED ARMY MEDICAL CENTER,
DISTRICT OF COLUMBIA.
(a) Minimum Funding.--The amount of funds available for the
commander of Walter Reed Army Medical Center, District of
Columbia, for a fiscal year shall be not less than the amount
expended by the commander of Walter Reed Army Medical Center in
fiscal year 2006 until the first fiscal year beginning after
the date on which the Secretary of Defense submits to the
congressional defense committees a plan for the provision of
health care for military beneficiaries and their dependents in
the National Capital Region.
(b) Matters Covered.--The plan under subsection (a) shall
at a minimum include--
(1) the manner in which patients, staff, bed
capacity, and functions will move from the Walter Reed
Army Medical Center to expanded facilities;
(2) a timeline, including milestones, for such
moves;
(3) projected budgets, including planned budget
transfers, for military treatment facilities within the
region;
(4) the management or disposition of real property
of military treatment facilities within the region; and
(5) staffing projections for the region.
(c) Certification.--After submission of the plan under
subsection (a) to the congressional defense committees, the
Secretary shall certify to such committees on a quarterly basis
that patients, staff, bed capacity, functions, or parts of
functions at Walter Reed Army Medical Center have not been
moved or disestablished until the expanded facilities at the
National Naval Medical Center, Bethesda, Maryland, and DeWitt
Army Community Hospital, Fort Belvoir, Virginia, are completed,
equipped, and staffed with sufficient capacity to accept and
provide, at a minimum, the same level of and access to care as
patients received at Walter Reed Army Medical Center during
fiscal year 2006.
(d) Definitions.--In this section:
(1) The term ``expanded facilities'' means the
other two military hospitals/medical centers within the
National Capital Region, namely--
(A) the National Naval Medical Center,
Bethesda, Maryland (or its successor resulting
from implementation of the recommendations of
the 2005 Defense Base Closure and Realignment
Commission); and
(B) the DeWitt Army Community Hospital,
Fort Belvoir, Virginia.
(2) The term ``National Capital Region'' has the
meaning given that term in section 2674(f) of title 10,
United States Code.
SEC. 1675. USE OF LEAVE TRANSFER PROGRAM BY WOUNDED VETERANS WHO ARE
FEDERAL EMPLOYEES.
(a) In General.--Section 6333(b) of title 5, United States
Code, is amended--
(1) by striking ``(b)'' and inserting ``(b)(1)'';
and
(2) by adding at the end the following new
paragraph:
``(2)(A) The requirement under paragraph (1) relating to
exhaustion of annual and sick leave shall not apply in the case
of a leave recipient who--
``(i) sustains a combat-related disability while a
member of the armed forces, including a reserve
component of the armed forces; and
``(ii) is undergoing medical treatment for that
disability.
``(B) Subparagraph (A) shall apply to a member described in
such subparagraph only so long as the member continues to
undergo medical treatment for the disability, but in no event
for longer than 5 years from the start of such treatment.
``(C) For purposes of this paragraph--
``(i) the term `combat-related disability' has the
meaning given such term by section 1413a(e) of title
10; and
``(ii) the term `medical treatment' has such
meaning as the Office of Personnel Management shall by
regulation prescribe.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act,
except that, in the case of a leave recipient who is undergoing
medical treatment on such date of enactment, section
6333(b)(2)(B) of title 5, United States Code (as amended by
this section) shall be applied as if it had been amended by
inserting ``or the date of the enactment of this subsection,
whichever is later'' after ``the start of such treatment''.
SEC. 1676. MORATORIUM ON CONVERSION TO CONTRACTOR PERFORMANCE OF
DEPARTMENT OF DEFENSE FUNCTIONS AT MILITARY MEDICAL
FACILITIES.
(a) Moratorium.--No study or competition may be begun or
announced pursuant to section 2461 of title 10, United States
Code, or otherwise pursuant to Office of Management and Budget
circular A-76, relating to the possible conversion to
performance by a contractor of any Department of Defense
function carried out at a military medical facility until the
Secretary of Defense--
(1) submits the certification required by
subsection (b) to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the
House of Representatives together with a description of
the steps taken by the Secretary in accordance with the
certification; and
(2) submits the report required by subsection (c).
(b) Certification.--The certification referred to in
paragraph (a)(1) is a certification that the Secretary has
taken appropriate steps to ensure that neither the quality of
military medical care nor the availability of qualified
personnel to carry out Department of Defense functions related
to military medical care will be adversely affected by either--
(1) the process of considering a Department of
Defense function carried out at a military medical
facility for possible conversion to performance by a
contractor; or
(2) the conversion of such a function to
performance by a contractor.
(c) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report on the public-private competitions
being conducted for Department of Defense functions carried out
at military medical facilities as of the date of the enactment
of this Act by each military department and defense agency.
Such report shall include--
(1) for each such competition--
(A) the cost of conducting the public-
private competition;
(B) the number of military personnel and
civilian employees of the Department of Defense
affected;
(C) the estimated savings identified and
the savings actually achieved;
(D) an evaluation whether the anticipated
and budgeted savings can be achieved through a
public-private competition; and
(E) the effect of converting the
performance of the function to performance by a
contractor on the quality of the performance of
the function; and
(2) an assessment of whether any method of business
reform or reengineering other than a public-private
competition could, if implemented in the future,
achieve any anticipated or budgeted savings.
TITLE XVII--VETERANS MATTERS
Sec. 1701. Sense of Congress on Department of Veterans Affairs efforts
in the rehabilitation and reintegration of veterans with
traumatic brain injury.
Sec. 1702. Individual rehabilitation and community reintegration plans
for veterans and others with traumatic brain injury.
Sec. 1703. Use of non-Department of Veterans Affairs facilities for
implementation of rehabilitation and community reintegration
plans for traumatic brain injury.
Sec. 1704. Research, education, and clinical care program on traumatic
brain injury.
Sec. 1705. Pilot program on assisted living services for veterans with
traumatic brain injury.
Sec. 1706. Provision of age-appropriate nursing home care.
Sec. 1707. Extension of period of eligibility for health care for
veterans of combat service during certain periods of
hostilities and war.
Sec. 1708. Service-connection and assessments for mental health
conditions in veterans.
Sec. 1709. Modification of requirements for furnishing outpatient dental
services to veterans with service-connected dental conditions
or disabilities.
Sec. 1710. Clarification of purpose of outreach services program of
Department of Veterans Affairs.
Sec. 1711. Designation of fiduciary or trustee for purposes of Traumatic
Servicemembers' Group Life Insurance.
SEC. 1701. SENSE OF CONGRESS ON DEPARTMENT OF VETERANS AFFAIRS EFFORTS
IN THE REHABILITATION AND REINTEGRATION OF VETERANS
WITH TRAUMATIC BRAIN INJURY.
It is the sense of Congress that--
(1) the Department of Veterans Affairs is a leader
in the field of traumatic brain injury care and
coordination of such care;
(2) the Department of Veterans Affairs should have
the capacity and expertise to provide veterans who have
a traumatic brain injury with patient-centered health
care, rehabilitation, and community integration
services that are comparable to or exceed similar care
and services available to persons with such injuries in
the academic and private sector;
(3) rehabilitation for veterans who have a
traumatic brain injury should be individualized,
comprehensive, and interdisciplinary with the goals of
optimizing the independence of such veterans and
reintegrating them into their communities;
(4) family support is integral to the
rehabilitation and community reintegration of veterans
who have sustained a traumatic brain injury, and the
Department should provide the families of such veterans
with education and support;
(5) the Department of Defense and the Department of
Veterans Affairs have made efforts to provide a smooth
transition of medical care and rehabilitative services
to individuals as they transition from the health care
system of the Department of Defense to that of the
Department of Veterans Affairs, but more can be done to
assist veterans and their families in the continuum of
the rehabilitation, recovery, and reintegration of
wounded or injured veterans into their communities;
(6) in planning for rehabilitation and community
reintegration of veterans who have a traumatic brain
injury, it is necessary for the Department of Veterans
Affairs to provide a system for life-long case
management for such veterans; and
(7) in such system for life-long case management,
it is necessary to conduct outreach and to tailor
specialized traumatic brain injury case management and
outreach to the unique needs of veterans with traumatic
brain injury who reside in urban and non-urban
settings.
SEC. 1702. INDIVIDUAL REHABILITATION AND COMMUNITY REINTEGRATION PLANS
FOR VETERANS AND OTHERS WITH TRAUMATIC BRAIN
INJURY.
(a) In General.--Subchapter II of chapter 17 of title 38,
United States Code, is amended by inserting after section 1710B
the following new sections:
``Sec. 1710C. Traumatic brain injury: plans for rehabilitation and
reintegration into the community
``(a) Plan Required.--The Secretary shall, for each
individual who is a veteran or member of the Armed Forces who
receives inpatient or outpatient rehabilitative hospital care
or medical services provided by the Department for a traumatic
brain injury--
``(1) develop an individualized plan for the
rehabilitation and reintegration of the individual into
the community; and
``(2) provide such plan in writing to the
individual--
``(A) in the case of an individual
receiving inpatient care, before the individual
is discharged from inpatient care or after the
individual's transition from serving on active
duty as a member of the Armed Forces to
receiving outpatient care provided by the
Department; or
``(B) as soon as practicable following a
diagnosis of traumatic brain injury by a
Department health care provider.
``(b) Contents of Plan.--Each plan developed under
subsection (a) shall include, for the individual covered by
such plan, the following:
``(1) Rehabilitation objectives for improving the
physical, cognitive, and vocational functioning of the
individual with the goal of maximizing the independence
and reintegration of such individual into the
community.
``(2) Access, as warranted, to all appropriate
rehabilitative components of the traumatic brain injury
continuum of care, and where appropriate, to long-term
care services.
``(3) A description of specific rehabilitative
treatments and other services to achieve the objectives
described in paragraph (1), which shall set forth the
type, frequency, duration, and location of such
treatments and services.
``(4) The name of the case manager designated in
accordance with subsection (d) to be responsible for
the implementation of such plan.
``(5) Dates on which the effectiveness of such plan
will be reviewed in accordance with subsection (f).
``(c) Comprehensive Assessment.--(1) Each plan developed
under subsection (a) shall be based on a comprehensive
assessment, developed in accordance with paragraph (2), of--
``(A) the physical, cognitive, vocational, and
neuropsychological and social impairments of the
individual; and
``(B) the family education and family support needs
of the individual after the individual is discharged
from inpatient care or at the commencement of and
during the receipt of outpatient care and services.
``(2) The comprehensive assessment required under paragraph
(1) with respect to an individual is a comprehensive assessment
of the matters set forth in that paragraph by a team, composed
by the Secretary for purposes of the assessment, of individuals
with expertise in traumatic brain injury, including any of the
following:
``(A) A neurologist.
``(B) A rehabilitation physician.
``(C) A social worker.
``(D) A neuropsychologist.
``(E) A physical therapist.
``(F) A vocational rehabilitation specialist.
``(G) An occupational therapist.
``(H) A speech language pathologist.
``(I) A rehabilitation nurse.
``(J) An educational therapist.
``(K) An audiologist.
``(L) A blind rehabilitation specialist.
``(M) A recreational therapist.
``(N) A low vision optometrist.
``(O) An orthotist or prosthetist.
``(P) An assistive technologist or rehabilitation
engineer.
``(Q) An otolaryngology physician.
``(R) A dietician.
``(S) An opthamologist.
``(T) A psychiatrist.
``(d) Case Manager.--(1) The Secretary shall designate a
case manager for each individual described in subsection (a) to
be responsible for the implementation of the plan developed for
that individual under that subsection and the coordination of
the individual's medical care.
``(2) The Secretary shall ensure that each case manager has
specific expertise in the care required by the individual for
whom the case manager is designated, regardless of whether the
case manager obtains such expertise through experience,
education, or training.
``(e) Participation and Collaboration in Development of
Plans.--(1) The Secretary shall involve each individual
described in subsection (a), and the family or legal guardian
of such individual, in the development of the plan for such
individual under that subsection to the maximum extent
practicable.
``(2) The Secretary shall collaborate in the development of
a plan for an individual under subsection (a) with a State
protection and advocacy system if--
``(A) the individual covered by the plan requests
such collaboration; or
``(B) in the case of such an individual who is
incapacitated, the family or guardian of the individual
requests such collaboration.
``(3) In the case of a plan required by subsection (a) for
a member of the Armed Forces who is serving on active duty, the
Secretary shall collaborate with the Secretary of Defense in
the development of such plan.
``(4) In developing vocational rehabilitation objectives
required under subsection (b)(1) and in conducting the
assessment required under subsection (c), the Secretary shall
act through the Under Secretary for Health in coordination with
the Vocational Rehabilitation and Employment Service of the
Department of Veterans Affairs.
``(f) Evaluation.--
``(1) Periodic review by secretary.--The Secretary
shall periodically review the effectiveness of each
plan developed under subsection (a). The Secretary
shall refine each such plan as the Secretary considers
appropriate in light of such review.
``(2) Request for review by veterans.--In addition
to the periodic review required by paragraph (1), the
Secretary shall conduct a review of the plan for an
individual under paragraph (1) at the request of the
individual, or in the case of an individual who is
incapacitated, at the request of the guardian or
designee of the individual.
``(g) State Designated Protection and Advocacy System
Defined.--In this section, the term `State protection and
advocacy system' means a system established in a State under
subtitle C of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.) to protect
and advocate for the rights of persons with development
disabilities.
``Sec. 1710D. Traumatic brain injury: comprehensive program for long-
term rehabilitation
``(a) Comprehensive Program.--In developing plans for the
rehabilitation and reintegration of individuals with traumatic
brain injury under section 1710C of this title, the Secretary
shall develop and carry out a comprehensive program of long-
term care for post-acute traumatic brain injury rehabilitation
that includes residential, community, and home-based components
utilizing interdisciplinary treatment teams.
``(b) Location of Program.--The Secretary shall carry out
the program developed under subsection (a) in each Department
polytrauma rehabilitation center designated by the Secretary.
``(c) Eligibility.--A veteran is eligible for care under
the program developed under subsection (a) if the veteran is
otherwise eligible to receive hospital care and medical
services under section 1710 of this title and--
``(1) served on active duty in a theater of combat
operations (as determined by the Secretary in
consultation with the Secretary of Defense) during a
period of war after the Persian Gulf War, or in combat
against a hostile force during a period of hostilities
(as defined in section 1712A(a)(2)(B) of this title)
after November 11, 1998;
``(2) is diagnosed as suffering from moderate to
severe traumatic brain injury; and
``(3) is unable to manage routine activities of
daily living without supervision or assistance, as
determined by the Secretary.
``(d) Report.--Not later than one year after the date of
the enactment of this section, and annually thereafter, the
Secretary shall submit to the Committees on Veterans' Affairs
of the Senate and the House of Representatives a report
containing the following information:
``(1) A description of the operation of the
program.
``(2) The number of veterans provided care under
the program during the year preceding such report.
``(3) The cost of operating the program during the
year preceding such report.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1710B the following new items:
``1710C. Traumatic brain injury: plans for rehabilitation and
reintegration into the community.
``1710D. Traumatic brain injury: comprehensive plan for long-term
rehabilitation.''.
SEC. 1703. USE OF NON-DEPARTMENT OF VETERANS AFFAIRS FACILITIES FOR
IMPLEMENTATION OF REHABILITATION AND COMMUNITY
REINTEGRATION PLANS FOR TRAUMATIC BRAIN INJURY.
(a) In General.--Subchapter II of chapter 17 of title 38,
United States Code, is amended by inserting after section
1710D, as added by section 1702, the following new section:
``Sec. 1710E. Traumatic brain injury: use of non-Department facilities
for rehabilitation
``(a) Cooperative Agreements.--The Secretary, in
implementing and carrying out a plan developed under section
1710C of this title, may provide hospital care and medical
services through cooperative agreements with appropriate public
or private entities that have established long-term
neurobehavioral rehabilitation and recovery programs.
``(b) Authorities of State Protection and Advocacy
Systems.--Nothing in subtitle C of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 shall be
construed as preventing a State protection and advocacy system
(as defined in section 1710C(g) of this title) from exercising
the authorities described in such subtitle with respect to
individuals provided rehabilitative treatment or services under
section 1710C of this title in a non-Department facility.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1710D, as added by section 1702, the
following new item:
``1710E. Traumatic brain injury: use of non-Departmental facilities for
rehabilitation.''.
SEC. 1704. RESEARCH, EDUCATION, AND CLINICAL CARE PROGRAM ON TRAUMATIC
BRAIN INJURY.
(a) In General.--To improve the provision of health care by
the Department of Veterans Affairs to veterans with traumatic
brain injuries, the Secretary of Veterans Affairs shall--
(1) conduct research, including--
(A) research on the sequelae of mild to
severe forms of traumatic brain injury;
(B) research on visually-related
neurological conditions;
(C) research on seizure disorders;
(D) research on means of improving the
diagnosis, rehabilitative treatment, and
prevention of such sequelae;
(E) research to determine the most
effective cognitive and physical therapies for
such sequelae;
(F) research on dual diagnosis of post-
traumatic stress disorder and traumatic brain
injury;
(G) research on improving facilities of the
Department concentrating on traumatic brain
injury care; and
(H) research on improving the delivery of
traumatic brain injury care by the Department;
(2) educate and train health care personnel of the
Department in recognizing and treating traumatic brain
injury; and
(3) develop improved models and systems for the
furnishing of traumatic brain injury care by the
Department.
(b) Collaboration.--In carrying out research under
subsection (a), the Secretary of Veterans Affairs shall
collaborate with--
(1) facilities that conduct research on
rehabilitation for individuals with traumatic brain
injury;
(2) facilities that receive grants for such
research from the National Institute on Disability and
Rehabilitation Research of the Department of Education;
and
(3) the Defense and Veterans Brain Injury Center of
the Department of Defense and other relevant programs
of the Federal Government (including Centers of
Excellence).
(c) Dissemination of Useful Information.--The Under
Secretary of Veterans Affairs for Health shall ensure that
information produced by the research, education and training,
and clinical activities conducted under this section that may
be useful for other activities of the Veterans Health
Administration is disseminated throughout the Veterans Health
Administration.
(d) Traumatic Brain Injury Registry.--
(1) In general.--The Secretary of Veterans Affairs
shall establish and maintain a registry to be known as
the ``Traumatic Brain Injury Veterans Health Registry''
(in this section referred to as the ``Registry'').
(2) Description.--The Registry shall include the
following information:
(A) A list containing the name of each
individual who served as a member of the Armed
Forces in Operation Enduring Freedom or
Operation Iraqi Freedom who exhibits symptoms
associated with traumatic brain injury, as
determined by the Secretary of Veterans
Affairs, and who--
(i) applies for care and services
furnished by the Department of Veterans
Affairs under chapter 17 of title 38,
United States Code; or
(ii) files a claim for compensation
under chapter 11 of such title on the
basis of any disability which may be
associated with such service.
(B) Any relevant medical data relating to
the health status of an individual described in
subparagraph (A) and any other information the
Secretary considers relevant and appropriate
with respect to such an individual if the
individual--
(i) grants permission to the
Secretary to include such information
in the Registry; or
(ii) is deceased at the time such
individual is listed in the Registry.
(3) Notification.--When possible, the Secretary
shall notify each individual listed in the Registry of
significant developments in research on the health
consequences of military service in the Operation
Enduring Freedom and Operation Iraqi Freedom theaters
of operations.
SEC. 1705. PILOT PROGRAM ON ASSISTED LIVING SERVICES FOR VETERANS WITH
TRAUMATIC BRAIN INJURY.
(a) Pilot Program.--Beginning not later than 90 days after
the date of the enactment of this Act, the Secretary of
Veterans Affairs, in collaboration with the Defense and
Veterans Brain Injury Center of the Department of Defense,
shall carry out a five-year pilot program to assess the
effectiveness of providing assisted living services to eligible
veterans to enhance the rehabilitation, quality of life, and
community integration of such veterans.
(b) Program Locations.--
(1) In general.--The pilot program shall be carried
out at locations selected by the Secretary for purposes
of the pilot program. Of the locations so selected--
(A) at least one location shall be in each
health care region of the Veterans Health
Administration of the Department of Veterans
Affairs that contains a polytrauma center of
the Department of Veterans Affairs; and
(B) any location other than a location
described in subparagraph (A) shall be in an
area that contains a high concentration of
veterans with traumatic brain injuries, as
determined by the Secretary.
(2) Special consideration for veterans in rural
areas.--The Secretary shall give special consideration
to providing veterans in rural areas with an
opportunity to participate in the pilot program.
(c) Provision of Assisted Living Services.--
(1) Agreements.--In carrying out the pilot program,
the Secretary may enter into agreements for the
provision of assisted living services on behalf of
eligible veterans with a provider participating under a
State plan or waiver under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
(2) Standards.--The Secretary may not place,
transfer, or admit a veteran to any facility for
assisted living services under the pilot program unless
the Secretary determines that the facility meets such
standards as the Secretary may prescribe for purposes
of the pilot program. Such standards shall, to the
extent practicable, be consistent with the standards of
Federal, State, and local agencies charged with the
responsibility of licensing or otherwise regulating or
inspecting such facilities.
(d) Continuation of Case Management and Rehabilitation
Services.--In carrying out the pilot program, the Secretary
shall--
(1) continue to provide each veteran who is
receiving assisted living services under the pilot
program with rehabilitative services; and
(2) designate employees of the Veterans Health
Administration of the Department of Veterans Affairs to
furnish case management services for veterans
participating in the pilot program.
(e) Report.--
(1) In general.--Not later than 60 days after the
completion of the pilot program, the Secretary shall
submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report on the
pilot program.
(2) Contents.--The report required by paragraph (1)
shall include the following:
(A) A description of the pilot program.
(B) An assessment of the utility of the
activities under the pilot program in enhancing
the rehabilitation, quality of life, and
community reintegration of veterans with
traumatic brain injury.
(C) Such recommendations as the Secretary
considers appropriate regarding the extension
or expansion of the pilot program.
(f) Definitions.--In this section:
(1) The term ``assisted living services'' means
services of a facility in providing room, board, and
personal care for and supervision of residents for
their health, safety, and welfare.
(2) The term ``case management services'' includes
the coordination and facilitation of all services
furnished to a veteran by the Department of Veterans
Affairs, either directly or through a contract,
including assessment of needs, planning, referral
(including referral for services to be furnished by the
Department, either directly or through a contract, or
by an entity other than the Department), monitoring,
reassessment, and followup.
(3) The term ``eligible veteran'' means a veteran
who--
(A) is enrolled in the patient enrollment
system of the Department of Veterans Affairs
under section 1705 of title 38, United States
Code;
(B) has received hospital care or medical
services provided by the Department of Veterans
Affairs for a traumatic brain injury;
(C) is unable to manage routine activities
of daily living without supervision and
assistance, as determined by the Secretary; and
(D) could reasonably be expected to receive
ongoing services after the end of the pilot
program under this section under another
program of the Federal Government or through
other means, as determined by the Secretary.
SEC. 1706. PROVISION OF AGE-APPROPRIATE NURSING HOME CARE.
(a) Finding.--Congress finds that young veterans who are
injured or disabled through military service and require long-
term care should have access to age-appropriate nursing home
care.
(b) Requirement To Provide Age-Appropriate Nursing Home
Care.--Section 1710A of title 38, United States Code, is
amended--
(1) by redesignating subsection (c) as subsection
(d); and
(2) by inserting after subsection (b) the following
new subsection (c):
``(c) The Secretary shall ensure that nursing home care
provided under subsection (a) is provided in an age-appropriate
manner.''.
SEC. 1707. EXTENSION OF PERIOD OF ELIGIBILITY FOR HEALTH CARE FOR
VETERANS OF COMBAT SERVICE DURING CERTAIN PERIODS
OF HOSTILITIES AND WAR.
Subparagraph (C) of section 1710(e)(3) of title 38, United
States Code, is amended to read as follows:
``(C) in the case of care for a veteran described
in paragraph (1)(D) who--
``(i) is discharged or released from the
active military, naval, or air service after
the date that is five years before the date of
the enactment of the National Defense
Authorization Act for Fiscal Year 2008, after a
period of five years beginning on the date of
such discharge or release; or
``(ii) is so discharged or released more
than five years before the date of the
enactment of that Act and who did not enroll in
the patient enrollment system under section
1705 of this title before such date, after a
period of three years beginning on the date of
the enactment of that Act; and''.
SEC. 1708. SERVICE-CONNECTION AND ASSESSMENTS FOR MENTAL HEALTH
CONDITIONS IN VETERANS.
(a) Presumption of Service-Connection for Mental Illness in
Persian Gulf War Veterans.--
(1) In general.--Section 1702 of title 38, United
States Code, is amended--
(A) by inserting ``(a) Psychosis.--''
before ``For the purposes''; and
(B) by adding at the end the following new
subsection:
``(b) Mental Illness.--For purposes of this chapter, any
veteran of the Persian Gulf War who develops an active mental
illness (other than psychosis) shall be deemed to have incurred
such disability in the active military, naval, or air service
if such veteran develops such disability--
``(1) within two years after discharge or release
from the active military, naval, or air service; and
``(2) before the end of the two-year period
beginning on the last day of the Persian Gulf War.''.
(2) Heading amendment.--The heading of such section
is amended to read as follows:
``Sec. 1702. Presumptions: psychosis after service in World War II and
following periods of war; mental illness after
service in the Persian Gulf War''.
(3) Clerical amendment.--The table of sections at
the beginning of chapter 17 of such title is amended by
striking the item relating to section 1702 and
inserting the following new item:
``1702. Presumptions: psychosis after service in World War II and
following periods of war; mental illness following service in
the Persian Gulf War.''.
(b) Provision of Mental Health Assessments for Certain
Veterans.--Section 1712A(a) of such title is amended--
(1) in paragraph (1)(B), by adding at the end the
following new clause:
``(iii) Any veteran who served on active duty--
``(I) in a theater of combat operations (as
determined by the Secretary in consultation
with the Secretary of Defense) during a period
of war after the Persian Gulf War; or
``(II) in combat against a hostile force
during a period of hostilities (as defined in
paragraph (2)(B)) after November 11, 1998.'';
and
(2) by adding at the end the following new
paragraph:
``(3) Upon request of a veteran described in paragraph
(1)(B)(iii), the Secretary shall provide the veteran a
preliminary general mental health assessment as soon as
practicable after receiving the request, but not later than 30
days after receiving the request.''.
SEC. 1709. MODIFICATION OF REQUIREMENTS FOR FURNISHING OUTPATIENT
DENTAL SERVICES TO VETERANS WITH SERVICE-CONNECTED
DENTAL CONDITIONS OR DISABILITIES.
Section 1712(a)(1)(B)(iii) of title 38, United States Code,
is amended--
(1) by striking ``90 days after such discharge''
and inserting ``180 days after such discharge'';
(2) by striking ``90 days from the date of such
veteran's subsequent discharge'' and inserting ``180
days from the date of such veteran's subsequent
discharge''; and
(3) by striking ``90 days after the date of
correction'' and inserting ``180 days after the date of
correction''.
SEC. 1710. CLARIFICATION OF PURPOSE OF OUTREACH SERVICES PROGRAM OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Clarification of Inclusion of Members of the National
Guard and Reserve in Program.--Subsection (a)(1) of section
6301 of title 38, United States Code, is amended by inserting
``, or from a reserve component,'' after ``active military,
naval, or air service''.
(b) Definition of Outreach.--Subsection (b) of such section
is amended--
(1) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and
(2) by inserting before paragraph (2) the following
new paragraph (1):
``(1) the term `outreach' means the act or process
of reaching out in a systematic manner to proactively
provide information, services, and benefits counseling
to veterans, and to the spouses, children, and parents
of veterans who may be eligible to receive benefits
under the laws administered by the Secretary, to ensure
that such individuals are fully informed about, and
receive assistance in applying for, such benefits;''.
SEC. 1711. DESIGNATION OF FIDUCIARY OR TRUSTEE FOR PURPOSES OF
TRAUMATIC SERVICEMEMBERS' GROUP LIFE INSURANCE.
Section 1980A of title 38, United States Code, is amended
by adding at the end the following new subsection:
``(k) Designation of Fiduciary or Trustee.--(1) The
Secretary concerned, in consultation with the Secretary, shall
develop a process for the designation of a fiduciary or trustee
of a member of the uniformed services who is insured against
traumatic injury under this section. The fiduciary or trustee
so designated would receive a payment for a qualifying loss
under this section if the member is medically incapacitated (as
determined pursuant to regulations prescribed by the Secretary
concerned in consultation with the Secretary) or experiencing
an extended loss of consciousness.
``(2) The process under paragraph (1) may require each
member of the uniformed services who is insured under this
section to--
``(A) designate an individual as the member's
fiduciary or trustee for purposes of subsection (a); or
``(B) elect that a court of proper jurisdiction
designate an individual as the member's fiduciary or
trustee for purposes of subsection (a) in the event
that the member becomes medically incapacitated or
experiences an extended loss of consciousness.''.
TITLE XVIII--NATIONAL GUARD BUREAU MATTERS AND RELATED MATTERS
Sec. 1801. Short title.
Subtitle A--National Guard Bureau
Sec. 1811. Appointment, grade, duties, and retirement of the Chief of
the National Guard Bureau.
Sec. 1812. Establishment of National Guard Bureau as joint activity of
the Department of Defense.
Sec. 1813. Enhancement of functions of the National Guard Bureau.
Sec. 1814. Requirement for Secretary of Defense to prepare plan for
response to natural disasters and terrorist events.
Sec. 1815. Determination of Department of Defense civil support
requirements.
Subtitle B--Additional Reserve Component Enhancement
Sec. 1821. United States Northern Command.
Sec. 1822. Council of Governors.
Sec. 1823. Plan for Reserve Forces Policy Board.
Sec. 1824. High-level positions authorized or required to be held by
reserve component general or flag officers.
Sec. 1825. Retirement age and years of service limitations on certain
reserve general and flag officers.
Sec. 1826. Additional reporting requirements relating to National Guard
equipment.
SEC. 1801. SHORT TITLE.
This title may be cited as the ``National Guard Empowerment
Act of 2007''.
Subtitle A--National Guard Bureau
SEC. 1811. APPOINTMENT, GRADE, DUTIES, AND RETIREMENT OF THE CHIEF OF
THE NATIONAL GUARD BUREAU.
(a) Appointment.--Subsection (a) of section 10502 of title
10, United States Code, is amended by striking paragraphs (1)
through (3) and inserting the following new paragraphs:
``(1) are recommended for such appointment by their
respective Governors or, in the case of the District of
Columbia, the commanding general of the District of
Columbia National Guard;
``(2) are recommended for such appointment by the
Secretary of the Army or the Secretary of the Air
Force;
``(3) have had at least 10 years of federally
recognized commissioned service in an active status in
the National Guard;
``(4) are in a grade above the grade of brigadier
general;
``(5) are determined by the Chairman of the Joint
Chiefs of Staff, in accordance with criteria and as a
result of a process established by the Chairman, to
have significant joint duty experience;
``(6) are determined by the Secretary of Defense to
have successfully completed such other assignments and
experiences so as to possess a detailed understanding
of the status and capabilities of National Guard forces
and the missions of the National Guard Bureau as set
forth in section 10503 of this title;
``(7) have a level of operational experience in a
position of significant responsibility, professional
military education, and demonstrated expertise in
national defense and homeland defense matters that are
commensurate with the advisory role of the Chief of the
National Guard Bureau; and
``(8) possess such other qualifications as the
Secretary of Defense shall prescribe for purposes of
this section.''.
(b) Grade.--Subsection (d) of such section is amended by
striking ``lieutenant general'' and inserting ``general''.
(c) Repeal of Age 64 Limitation on Service.--Subsection (b)
of such section is amended by striking ``An officer may not
hold that office after becoming 64 years of age.''.
(d) Advisory Duties.--Subsection (c) of such section is
amended to read as follows:
``(c) Advisor on National Guard Matters.--The Chief of the
National Guard Bureau is--
``(1) a principal advisor to the Secretary of
Defense, through the Chairman of the Joint Chiefs of
Staff, on matters involving non-federalized National
Guard forces and on other matters as determined by the
Secretary of Defense; and
``(2) the principal adviser to the Secretary of the
Army and the Chief of Staff of the Army, and to the
Secretary of the Air Force and the Chief of Staff of
the Air Force, on matters relating to the National
Guard, the Army National Guard of the United States,
and the Air National Guard of the United States.''.
SEC. 1812. ESTABLISHMENT OF NATIONAL GUARD BUREAU AS JOINT ACTIVITY OF
THE DEPARTMENT OF DEFENSE.
(a) Joint Activity of the Department of Defense.--
Subsection (a) of section 10501 of title 10, United States
Code, is amended by striking ``joint bureau of the Department
of the Army and the Department of the Air Force'' and inserting
``joint activity of the Department of Defense''.
(b) Joint Manpower Requirements.--
(1) In general.--Chapter 1011 of such title is
amended by adding at the end the following new section:
``Sec. 10508. National Guard Bureau: general provisions
``The manpower requirements of the National Guard Bureau as
a joint activity of the Department of Defense shall be
determined in accordance with regulations prescribed by the
Secretary of Defense, in consultation with the Chairman of the
Joint Chiefs of Staff.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by adding at
the end the following new item:
``10508. National Guard Bureau: general provisions.''.
SEC. 1813. ENHANCEMENT OF FUNCTIONS OF THE NATIONAL GUARD BUREAU.
(a) Additional General Functions.--Section 10503 of title
10, United States Code, is amended--
(1) by redesignating paragraph (12) as paragraph
(14) and inserting before such paragraph (14) the
following new paragraph (13):
``(13)(A) Assisting the Secretary of Defense in
facilitating and coordinating with the entities listed
in subparagraph (B) the use of National Guard personnel
and resources for operations conducted under title 32,
or in support of State missions.
``(B) The entities listed in this subparagraph for
purposes of subparagraph (A) are the following:
``(i) Other Federal agencies.
``(ii) The Adjutants General of the States.
``(iii) The United States Joint Forces
Command.
``(iv) The combatant command the geographic
area of responsibility of which includes the
United States.'';
(2) by redesignating paragraphs (2) through (11) as
paragraphs (3) through (12), respectively; and
(3) by inserting after paragraph (1) the following
new paragraph (2):
``(2) The role of the National Guard Bureau in
support of the Secretary of the Army and the Secretary
of the Air Force.''.
(b) Charter Developed and Prescribed by Secretary of
Defense.--Section 10503 of such title is further amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``The Secretary of the Army
and the Secretary of the Air Force shall
jointly develop'' and inserting ``The Secretary
of Defense, in consultation with the Chairman
of the Joint Chiefs of Staff, the Secretary of
the Army, and the Secretary of the Air Force,
shall develop''; and
(B) by striking ``cover'' in the second
sentence and inserting ``reflect the full scope
of the duties and activities of the Bureau,
including''; and
(2) in paragraph (14), as redesignated by
subsection (a)(1), by striking ``the Secretaries'' and
inserting ``the Secretary of Defense''.
(c) Conforming and Clerical Amendments.--
(1) Conforming amendment.--The heading of section
10503 of such title is amended to read as follows:
``Sec. 10503. Functions of National Guard Bureau: charter''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 1011 of such title is amended
by striking the item relating to section 10503 and
inserting the following new item:
``10503. Functions of National Guard Bureau: charter.''.
SEC. 1814. REQUIREMENT FOR SECRETARY OF DEFENSE TO PREPARE PLAN FOR
RESPONSE TO NATURAL DISASTERS AND TERRORIST EVENTS.
(a) Requirement for Plan.--
(1) In general.--Not later than June 1, 2008, the
Secretary of Defense, in consultation with the
Secretary of Homeland Security, the Chairman of the
Joint Chiefs of Staff, the commander of the United
States Northern Command, and the Chief of the National
Guard Bureau, shall prepare and submit to Congress a
plan for coordinating the use of the National Guard and
members of the Armed Forces on active duty when
responding to natural disasters, acts of terrorism, and
other man-made disasters as identified in the national
planning scenarios described in subsection (e).
(2) Update.--Not later than June 1, 2010, the
Secretary, in consultation with the persons consulted
under paragraph (1), shall submit to Congress an update
of the plan required under paragraph (1).
(b) Information To Be Provided to Secretary.--To assist the
Secretary of Defense in preparing the plan, the National Guard
Bureau, pursuant to its purpose as channel of communications as
set forth in section 10501(b) of title 10, United States Code,
shall provide to the Secretary information gathered from
Governors, adjutants general of States, and other State civil
authorities responsible for homeland preparation and response
to natural and man-made disasters.
(c) Two Versions.--The plan shall set forth two versions of
response, one using only members of the National Guard, and one
using both members of the National Guard and members of the
regular components of the Armed Forces.
(d) Matters Covered.--The plan shall cover, at a minimum,
the following:
(1) Protocols for the Department of Defense, the
National Guard Bureau, and the Governors of the several
States to carry out operations in coordination with
each other and to ensure that Governors and local
communities are properly informed and remain in control
in their respective States and communities.
(2) An identification of operational procedures,
command structures, and lines of communication to
ensure a coordinated, efficient response to
contingencies.
(3) An identification of the training and equipment
needed for both National Guard personnel and members of
the Armed Forces on active duty to provide military
assistance to civil authorities and for other domestic
operations to respond to hazards identified in the
national planning scenarios.
(e) National Planning Scenarios.--The plan shall provide
for response to the following hazards:
(1) Nuclear detonation, biological attack,
biological disease outbreak/pandemic flu, the plague,
chemical attack-blister agent, chemical attack-toxic
industrial chemicals, chemical attack-nerve agent,
chemical attack-chlorine tank explosion, major
hurricane, major earthquake, radiological attack-
radiological dispersal device, explosives attack-
bombing using improvised explosive device, biological
attack-food contamination, biological attack-foreign
animal disease and cyber attack.
(2) Any other hazards identified in a national
planning scenario developed by the Homeland Security
Council.
SEC. 1815. DETERMINATION OF DEPARTMENT OF DEFENSE CIVIL SUPPORT
REQUIREMENTS.
(a) Determination of Requirements.--The Secretary of
Defense, in consultation with the Secretary of Homeland
Security, shall determine the military-unique capabilities
needed to be provided by the Department of Defense to support
civil authorities in an incident of national significance or a
catastrophic incident.
(b) Plan for Funding Capabilities.--
(1) Plan.--The Secretary of Defense shall develop
and implement a plan, in coordination with the
Secretaries of the military departments and the
Chairman of the Joint Chiefs of Staff, for providing
the funds and resources necessary to develop and
maintain the following:
(A) The military-unique capabilities
determined under subsection (a).
(B) Any additional capabilities determined
by the Secretary to be necessary to support the
use of the active components and the reserve
components of the Armed Forces for homeland
defense missions, domestic emergency responses,
and providing military support to civil
authorities.
(2) Term of plan.--The plan required under
paragraph (1) shall cover at least five years.
(c) Budget.--The Secretary of Defense shall include in the
materials accompanying the budget submitted for each fiscal
year a request for funds necessary to carry out the plan
required under subsection (b) during the fiscal year covered by
the budget. The defense budget materials shall delineate and
explain the budget treatment of the plan for each component of
each military department, each combatant command, and each
affected Defense Agency.
(d) Definitions.--In this section:
(1) The term ``military-unique capabilities'' means
those capabilities that, in the view of the Secretary
of Defense--
(A) cannot be provided by other Federal,
State or local civilian agencies; and
(B) are essential to provide support to
civil authorities in an incident of national
significance or a catastrophic incident.
(2) The term ``defense budget materials'', with
respect to a fiscal year, means the materials submitted
to Congress by the Secretary of Defense in support of
the budget for that fiscal year.
(e) Strategic Planning Guidance.--Section 113(g)(2) of
title 10, United States Code, is amended by striking
``contingency plans'' at the end of the first sentence and
inserting the following: ``contingency plans, including plans
for providing support to civil authorities in an incident of
national significance or a catastrophic incident, for homeland
defense, and for military support to civil authorities''.
Subtitle B--Additional Reserve Component Enhancement
SEC. 1821. UNITED STATES NORTHERN COMMAND.
(a) Manpower Review.--
(1) Review by chairman of the joint chiefs of
staff.--Not later than one year after the date of the
enactment of this Act, the Chairman of the Joint Chiefs
of Staff shall submit to the Secretary of Defense a
review of the civilian and military positions, job
descriptions, and assignments within the United States
Northern Command with the goal of determining the
feasibility of significantly increasing the number of
members of a reserve component assigned to, and
civilians employed by, the United States Northern
Command who have experience in the planning, training,
and employment of forces for homeland defense missions,
domestic emergency response, and providing military
support to civil authorities.
(2) Submission of results of review.--Not later
than 90 days after the date on which the Secretary of
Defense receives the results of the review under
paragraph (1), the Secretary shall submit to Congress a
copy of the results of the review, together with such
recommendations as the Secretary considers appropriate
to achieve the objectives of the review.
(b) Definition.--In this section, the term ``United States
Northern Command'' means the combatant command the geographic
area of responsibility of which includes the United States.
SEC. 1822. COUNCIL OF GOVERNORS.
The President shall establish a bipartisan Council of
Governors to advise the Secretary of Defense, the Secretary of
Homeland Security, and the White House Homeland Security
Council on matters related to the National Guard and civil
support missions.
SEC. 1823. PLAN FOR RESERVE FORCES POLICY BOARD.
(a) Plan.--The Secretary of Defense shall develop a plan to
implement revisions that the Secretary determines necessary in
the designation, organization, membership, functions,
procedures, and legislative framework of the Reserve Forces
Policy Board. The plan--
(1) shall be consistent with the findings,
conclusions, and recommendations included in Part III E
of the Report of the Commission on the National Guard
and Reserves of March 1, 2007; and
(2) to the extent possible, shall take into account
the views and recommendations of civilian and military
leaders, past chairmen of the Reserve Forces Policy
Board, private organizations with expertise and
interest in Department of Defense organization, and
other individuals or groups in the discretion of the
Secretary.
(b) Report.--Not later than July 1, 2008, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the plan
developed under subsection (a), including such recommendations
for legislation as the Secretary considers necessary.
SEC. 1824. HIGH-LEVEL POSITIONS AUTHORIZED OR REQUIRED TO BE HELD BY
RESERVE COMPONENT GENERAL OR FLAG OFFICERS.
(a) Sense of Congress.--It is the sense of Congress that,
whenever officers of the Armed Forces are considered for
promotion to the grade of lieutenant general, or vice admiral
in the case of the Navy, on the active duty list, officers in
the reserve components of the Armed Forces who are eligible for
promotion to such grade should be considered for promotion to
such grade.
(b) National Guard Officer as Deputy Commander of United
States Northern Command.--Section 164(e) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(4) At least one deputy commander of the combatant
command the geographic area of responsibility of which includes
the United States shall be a qualified officer of the National
Guard who is eligible for promotion to the grade of O-9, unless
a National Guard officer is serving as commander of that
combatant command.''.
(c) Increase in Number of Unified and Specified Combatant
Command Positions for Reserve Component Officers.--Section
526(b)(2)(A) of such title is amended by striking ``10 general
and flag officer positions on the staffs of the commanders of''
and inserting ``15 general and flag officer positions in''.
SEC. 1825. RETIREMENT AGE AND YEARS OF SERVICE LIMITATIONS ON CERTAIN
RESERVE GENERAL AND FLAG OFFICERS.
(a) Retirement for Age.--
(1) Inclusion of reserve generals and admirals.--
Section 14511 of title 10, United States Code, is
amended to read as follows:
``Sec. 14511. Separation at age 64: officers in grade of major general
or rear admiral and above
``(a) Separation Required.--Unless retired, transferred to
the Retired Reserve, or discharged at an earlier date, each
reserve officer of the Army, Air Force, or Marine Corps in the
grade of major general or above and each reserve officer of the
Navy in the grade of rear admiral or above shall be separated
in accordance with section 14515 of this title on the last day
of the month in which the officer becomes 64 years of age.
``(b) Exception for Officers Serving in O-9 and O-10
Positions.--The retirement of a reserve officer of the Army,
Air Force, or Marine Corps in the grade of lieutenant general
or general, or a reserve officer of the Navy in the grade of
vice admiral or admiral, under subsection (a) may be deferred--
``(1) by the President, but such a deferment may
not extend beyond the first day of the month following
the month in which the officer becomes 68 years of age;
or
``(2) by the Secretary of Defense, but such a
deferment may not extend beyond the first day of the
month following the month in which the officer becomes
66 years of age.
``(c) Exception for Officers Holding Certain Offices.--This
section does not apply to an officer covered by section 14512
of this title.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 1407 of such title is amended
by striking the item relating to section 14511 and
inserting the following new item:
``14511. Separation at age 64: officers in grade of major general or
rear admiral and above.''.
(b) Conforming Amendments and Reserve Officers Holding
Certain Other Offices.--Section 14512 of such title is
amended--
(1) in subsection (a)(2)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B),
(C), and (D) as subparagraphs (A), (B), and
(C), respectively; and
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``The
Secretary''; and
(B) by adding at the end the following new
paragraph:
``(2) The Secretary of Defense may defer the retirement of
a reserve officer serving in the position of Chief of the Navy
Reserve or Commander of the Marine Forces Reserve, but such
deferment may not extend beyond the first day of the month
following the month in which the officer becomes 66 years of
age. A deferment under this paragraph shall not count toward
the limitation on the total number of officers whose retirement
may be deferred at any one time under paragraph (1).''.
(c) Imposition of Years of Service Limitation.--
(1) Imposition of limitation.--Section 14508 of
such title is amended by inserting after subsection
(c), as added by section 513, the following new
subsection:
``(d) Forty Years of Service for Generals and Admirals.--
Unless retired, transferred to the Retired Reserve, or
discharged at an earlier date, each reserve officer of the
Army, Air Force, or Marine Corps in the grade of general and
each reserve officer of the Navy in the grade of admiral shall
be separated in accordance with section 14514 of this title on
the first day of the first month beginning after the date of
the fifth anniversary of the officer's appointment to that
grade or 30 days after the date on which the officer completes
40 years of commissioned service, whichever is later.''.
(2) Conforming amendments.--Subsection (b) of
section 10502 of such title, as amended by section
1811, is further amended--
(A) by inserting ``(1)'' before the first
sentence; and
(B) by striking ``While holding that
office'' and inserting the following:
``(2) Except as provided in section 14508(d) of this title,
while holding the office of Chief of the National Guard
Bureau''.
SEC. 1826. ADDITIONAL REPORTING REQUIREMENTS RELATING TO NATIONAL GUARD
EQUIPMENT.
Section 10541 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(d) Each report under this section concerning equipment
of the National Guard shall also include the following:
``(1) A statement of the accuracy of the
projections required by subsection (b)(5)(D) contained
in earlier reports under this section, and an
explanation, if the projection was not met, of why the
projection was not met.
``(2) A certification from the Chief of the
National Guard Bureau setting forth an inventory for
the preceding fiscal year of each item of equipment--
``(A) for which funds were appropriated;
``(B) which was due to be procured for the
National Guard during that fiscal year; and
``(C) which has not been received by a
National Guard unit as of the close of that
fiscal year.''.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2008''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained in
titles XXI through XXVII and in title XXIX for military
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--
(1) October 1, 2010; or
(2) the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2011.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have
been obligated before the later of--
(1) October 1, 2010; or
(2) the date of the enactment of an Act authorizing
funds for fiscal year 2011 for military construction
projects, land acquisition, family housing projects and
facilities, or contributions to the North Atlantic
Treaty Organization Security Investment Program.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Termination of authority to carry out fiscal year 2007 Army
projects for which funds were not appropriated.
Sec. 2106. Technical amendments to Military Construction Authorization
Act for Fiscal Year 2007.
Sec. 2107. Modification of authority to carry out certain fiscal year
2006 project.
Sec. 2108. Extension of authorization of certain fiscal year 2005
project.
Sec. 2109. Ground lease, SOUTHCOM headquarters facility, Miami-Doral,
Florida.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 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:
Army: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alabama......................... Anniston Army Depot. $26,000,000
Redstone Arsenal.... $22,000,000
Alaska.......................... Fort Richardson..... $92,800,000
Fort Wainwright..... $114,500,000
Arizona......................... Fort Huachuca....... $129,600,000
California...................... Fort Irwin.......... $24,000,000
Presidio, Monterey.. $28,000,000
Colorado........................ Fort Carson......... $156,200,000
Delaware........................ Dover Air Force Base $17,500,000
Florida......................... Miami Doral......... $237,000,000
Georgia......................... Fort Benning........ $189,500,000
Fort Stewart/Hunter $123,500,000
Army Air Field.
Hawaii.......................... Fort Shafter........ $31,000,000
Kahuku Training Area $10,200,000
Schofield Barracks.. $88,000,000
Wheeler Army Air $51,000,000
Field.
Illinois........................ Rock Island Arsenal. $3,350,000
Kansas.......................... Fort Leavenworth.... $102,400,000
Fort Riley.......... $140,200,000
Kentucky........................ Fort Campbell....... $113,600,000
Fort Knox........... $6,700,000
Louisiana....................... Fort Polk........... $15,900,000
Maryland........................ Aberdeen Proving $12,200,000
Ground.
Michigan........................ Detroit Arsenal..... $18,500,000
Missouri........................ Fort Leonard Wood... $136,050,000
Nevada.......................... Hawthorne Army $11,800,000
Ammunition Plant.
New Jersey...................... Picatinny Arsenal... $9,900,000
New Mexico...................... White Sands Missile $71,000,000
Range.
New York........................ Fort Drum........... $311,200,000
North Carolina.................. Fort Bragg.......... $287,200,000
Oklahoma........................ Fort Sill........... $7,500,000
South Carolina.................. Fort Jackson........ $85,000,000
Texas........................... Camp Bullis......... $1,600,000
Corpus Christi...... $11,200,000
Fort Bliss.......... $118,400,000
Fort Hood........... $163,400,000
Fort Sam Houston.... $19,150,000
Red River Army Depot $9,200,000
Virginia........................ Fort Belvoir........ $13,000,000
Fort Eustis......... $75,000,000
Fort Lee............ $22,600,000
Fort Myer........... $20,800,000
Washington...................... Fort Lewis.......... $178,500,000
Yakima Training $29,000,000
Center.
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real property
and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Afghanistan.................. Afghanistan.............. $13,800,000
Bulgaria..................... Nevo Selo FOS............ $61,000,000
Germany...................... Grafenwoehr.............. $62,000,000
Honduras..................... Various locations........ $2,550,000
Italy........................ Aviano................... $12,100,000
Vicenza.................. $160,900,000
Korea........................ Camp Humphreys........... $57,000,000
Romania...................... Mihail Kogalniceanu FOS.. $12,600,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
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:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Utah.......................................... Dugway Proving Ground................ 28 $5,000,000
Germany....................................... Ansbach.............................. 138 $52,000,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of
family housing units in an amount not to exceed $2,000,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization of
appropriations in section 2104(a)(5)(A), the Secretary of the
Army may improve existing military family housing units in an
amount not to exceed $365,400,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2007, for military construction, land
acquisition, and military family housing functions of the
Department of the Army in the total amount of $5,106,703,000 as
follows:
(1) For military construction projects inside the
United States authorized by section 2101(a),
$3,198,150,000.
(2) For military construction projects outside the
United States authorized by section 2101(b),
$254,950,000.
(3) For unspecified minor military construction
projects authorized by section 2805 of title 10, United
States Code, $25,900,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10,
United States Code, $321,983,000.
(5) For military family housing functions:
(A) For construction and acquisition,
planning and design, and improvement of
military family housing and facilities,
$424,400,000.
(B) For support of military family housing
(including the functions described in section
2833 of title 10, United States Code),
$731,920,000.
(6) For the construction of increment 2 of a
barracks complex at Fort Lewis, Washington, authorized
by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of
Public Law 109-364; 120 Stat. 2445), as amended by
section 20814 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289), as
added by section 2 of the Revised Continuing
Appropriations Resolution, 2007 (Public Law 110-5; 121
Stat. 41), $102,000,000.
(7) 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 Public Law 109-163; 119 Stat. 3485),
$47,400,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2101 of this Act may not exceed the sum of the
following:
(1) The total amount authorized to be appropriated
under paragraphs (1) and (2) of subsection (a).
(2) $137,000,000 (the balance of the amount
authorized under section 2101(a) for construction of
the United States Southern Command Headquarters, Miami,
Florida).
(3) $63,500,000 (the balance of the amount
authorized under section 2101(b) for construction of a
brigade complex operations support facility at Vicenza,
Italy).
(4) $63,500,000 (the balance of the amount
authorized under section 2101(b) for construction of a
brigade complex barracks and community support facility
at Vicenza, Italy).
SEC. 2105. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2007 ARMY
PROJECTS FOR WHICH FUNDS WERE NOT APPROPRIATED.
(a) Termination of Inside the United States Projects.--The
table in section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public
Law 109-364; 120 Stat. 2445), as amended by section 20814 of
the Continuing Appropriations Resolution, 2007 (division B of
Public Law 109-289), as added by section 2 of the Revised
Continuing Appropriations Resolution, 2007 (Public Law 110-5),
is further amended--
(1) by striking the item relating to Redstone
Arsenal, Alabama;
(2) by striking the item relating to Fort
Wainwright, Alaska;
(3) in the item relating to Fort Irwin, California,
by striking ``$18,200,000'' in the amount column and
inserting ``$10,000,000'';
(4) in the item relating to Fort Carson, Colorado,
by striking ``$30,800,000'' in the amount column and
inserting ``$24,000,000'';
(5) in the item relating to Fort Leavenworth,
Kansas, by striking ``$23,200,000'' in the amount
column and inserting ``$15,000,000'';
(6) in the item relating to Fort Riley, Kansas, by
striking ``$47,400,000'' in the amount column and
inserting ``$37,200,000'';
(7) in the item relating to Fort Campbell,
Kentucky, by striking ``$135,300,000'' in the amount
column and inserting ``$115,400,000'';
(8) by striking the item relating to Fort Polk,
Louisiana;
(9) by striking the item relating to Aberdeen
Proving Ground, Maryland;
(10) by striking the item relating to Fort Detrick,
Maryland;
(11) by striking the item relating to Detroit
Arsenal, Michigan;
(12) in the item relating to Fort Leonard Wood,
Missouri, by striking ``$34,500,000'' in the amount
column and inserting ``$17,000,000'';
(13) by striking the item relating to Picatinny
Arsenal, New Jersey;
(14) in the item relating to Fort Drum, New York,
by striking ``$218,600,000'' in the amount column and
inserting ``$209,200,000'';
(15) in the item relating to Fort Bragg, North
Carolina, by striking ``$96,900,000'' in the amount
column and inserting ``$89,000,000'';
(16) by striking the item relating to Letterkenny
Depot, Pennsylvania;
(17) by striking the item relating to Corpus
Christi Army Depot, Texas;
(18) by striking the item relating to Fort Bliss,
Texas;
(19) in the item relating to Fort Hood, Texas, by
striking ``$93,000,000'' in the amount column and
inserting ``$75,000,000'';
(20) by striking the item relating to Red River
Depot, Texas; and
(21) by striking the item relating to Fort Lee,
Virginia.
(b) Conforming Amendments.--Section 2104(a) of such Act
(120 Stat. 2447) is amended--
(1) in the matter preceding paragraph (1), by
striking ``$3,518,450,000'' and inserting
``$3,275,700,000''; and
(2) in paragraph (1), by striking
``$1,362,200,000'' and inserting ``$1,119,450,000''.
SEC. 2106. TECHNICAL AMENDMENTS TO MILITARY CONSTRUCTION AUTHORIZATION
ACT FOR FISCAL YEAR 2007.
(a) Location of Project in Romania.--The table in section
2101(b) of the Military Construction Authorization Act for 2007
(division B of Public Law 109-364; 120 Stat. 2446) is amended
by striking ``Babadag Range'' and inserting ``Mihail
Kogalniceanu Air Base''.
(b) Spelling Error Relating to Army Family Housing.--The
table in section 2102(a) of the Military Construction
Authorization Act for 2007 (division B of Public Law 109-364;
120 Stat. 2446) is amended by striking ``Fort McCoyine'' and
inserting ``Fort McCoy''.
SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2006 PROJECT.
(a) Modification.--The table in section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3485) is amended
in the item relating to Fort Bragg, North Carolina, by striking
``$301,250,000'' in the amount column and inserting
``$308,250,000''.
(b) Conforming Amendments.--Section 2104(b)(5) of that Act
(119 Stat. 3488) is amended by striking ``$77,400,000'' and
inserting ``$84,400,000''.
SEC. 2108. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2005
PROJECT.
(a) Extension and Renewal.--Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal Year
2005 (division B of Public Law 108-375; 118 Stat. 2116), the
authorization set forth in the table in subsection (b), as
provided in section 2101 of that Act (118 Stat. 2101), shall
remain in effect until October 1, 2008, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2009, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Army: Extension of 2005 Project Authorization
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Schofield Barracks, Hawaii..... Training facility...... $35,542,000
------------------------------------------------------------------------
SEC. 2109. GROUND LEASE, SOUTHCOM HEADQUARTERS FACILITY, MIAMI-DORAL,
FLORIDA.
(a) Ground Lease Authorized.--The Secretary of the Army may
utilize the State of Florida property as described in sublease
number 4489-01, entered into between the State of Florida and
the United States (in this section referred to as the ``ground
lease''), for the purpose of constructing a consolidated
headquarters facility for the United States Southern Command
(SOUTHCOM).
(b) Additional Terms and Conditions.--The Secretary of the
Army may carry out the project to construct a new headquarters
on property leased from the State of Florida when the following
conditions have been met regarding the lease for the property:
(1) The United States Government shall have the
right to use the property without interruption until at
least December 31, 2055.
(2) The United States Government shall have the
right to use the property for general administrative
purposes in the event the United States Southern
Command relocates or vacates the property.
(c) Authority To Obtain Ground Lease of Adjacent
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.
(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).
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Termination of authority to carry out fiscal year 2007 Navy
projects for which funds were not appropriated.
Sec. 2206. Modification of authority to carry out certain fiscal year
2005 project.
Sec. 2207. Repeal of authorization for construction of Navy Outlying
Landing Field, Washington County, North Carolina.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 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:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alaska.......................... Outlying Field $9,560,000
Evergreen.
Arizona......................... Marine Corps Air $33,720,000
Station, Yuma.
California...................... Marine Corps Air $26,760,000
Station, Miramar.
Marine Corps Base, $264,360,000
Camp Pendleton.
Marine Corps Base, $142,619,000
Twentynine Palms.
Naval Station, San $3,000,000
Diego.
Naval Support $9,780,000
Activity, Monterey.
Submarine Base, San $23,630,000
Diego.
Connecticut..................... Submarine Base, New $21,160,000
London.
Florida......................... Marine Corps $10,240,000
Logistics Base,
Blount Island.
Naval Support $9,900,000
Activity, Cape
Canaveral.
Naval Surface $13,870,000
Warfare Center,
Panama City.
Naval Training $3,140,000
Center, Corry Field.
Georgia......................... Marine Corps $9,980,000
Logistics Base.
Hawaii.......................... Marine Corps Air $37,961,000
Station, Kaneohe.
Naval Base, Pearl $99,860,000
Harbor.
Naval Station Pearl $65,410,000
Harbor, Wahiawa.
Pearl Harbor Naval $30,200,000
Shipyard.
Illinois........................ Naval Training $10,221,000
Center, Great Lakes.
Indiana......................... Naval Support $23,800,000
Activity, Crane.
Maine........................... Portsmouth Naval $9,700,000
Shipyard.
Maryland........................ Naval Air Warfare $38,360,000
Center, Patuxent
River.
Naval Surface $9,450,000
Warfare Center,
Indian Head.
Mississippi..................... Naval Air Station, $6,770,000
Meridian.
Nevada.......................... Naval Air Station, $11,460,000
Fallon.
New Jersey...................... Naval Air Warfare $4,100,000
Center, Lakehurst.
North Carolina.................. Marine Corps Air $28,610,000
Station, Cherry
Point.
Marine Corps Air $58,700,000
Station, New River.
Marine Corps Base, $248,930,000
Camp Lejeune.
Rhode Island.................... Naval Station, $13,760,000
Newport.
South Carolina.................. Marine Corps Air $10,300,000
Station, Beaufort.
Marine Corps Recruit $55,282,000
Depot, Parris
Island.
Texas........................... Naval Air Station, $14,290,000
Corpus Christi.
Virginia........................ Marine Corps Base, $50,519,000
Quantico.
Naval Station, $79,560,000
Norfolk.
Naval Support $8,450,000
Activity,
Chesapeake.
Naval Surface $10,000,000
Warfare Center,
Dahlgren.
Washington...................... Naval Air Station, $34,520,000
Whidbey Island.
Naval Station, $119,760,000
Bremerton.
Naval Station, $10,940,000
Everett.
Naval Station, $6,130,000
Kitsap.
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real property
and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Bahrain...................... Southwest Asia........... $35,500,000
Diego Garcia................. Naval Support Facility, $7,150,000
Diego Garcia.
Djibouti..................... Camp Lemonier............ $22,390,000
Guam......................... Naval Activities, Guam... $278,818,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(3), the Secretary of the Navy may acquire real property
and carry out military construction projects for unspecified
installations or locations in the amount set forth in the
following table:
Navy: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Worldwide Unspecified Wharf Utilities Upgrade.. $8,900,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
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 installations, in the number of
units, and in the amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Location Installation Units Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Twentynine Palms............... N/A.................. $4,800,000
Mariana Islands......................... Naval Activities, Guam......... 73................... $57,167,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(6)(A), the Secretary of the Navy may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of
military family housing units in an amount not to exceed
$3,172,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a)(6)(A), the Secretary of the
Navy may improve existing military family housing units in an
amount not to exceed $237,990,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be
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 $2,885,317,000, as follows:
(1) For military construction projects inside the
United States authorized by section 2201(a),
$1,628,762,000.
(2) For military construction projects outside the
United States authorized by section 2201(b),
$292,946,000.
(3) For military construction projects at
unspecified worldwide locations authorized by section
2201(c), $11,600,000.
(4) For unspecified minor military construction
projects authorized by section 2805 of title 10, United
States Code, $10,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10,
United States Code, $113,017,000.
(6) For military family housing functions:
(A) For construction and acquisition,
planning and design, and improvement of
military family housing and facilities,
$293,129,000.
(B) For support of military family housing
(including functions described in section 2833
of title 10, United States Code), $371,404,000.
(7) For the construction of increment 2 of the
construction of an addition to the National Maritime
Intelligence Center, Suitland, Maryland, authorized by
section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of
Public Law 109-364; 120 Stat. 2448), $52,069,000.
(8) For the construction of increment 3 of recruit
training barracks infrastructure upgrade at Recruit
Training Command, Great Lakes, Illinois, authorized by
section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3490), $16,650,000.
(9) For the construction of increment 3 of wharf
upgrades at Yokosuka, Japan, authorized by section
2201(b) of the Military Construction Authorization Act
of Fiscal Year 2006 (division B of Public Law 109-163;
119 Stat. 3490), $8,750,000.
(10) For the construction of increment 2 of the
Bachelor Enlisted Quarters Homeport Ashore Program at
Bremerton, Washington (formerly referred to as a
project at Naval Station, Everett), authorized by
section 2201(a) of the Military Construction
Authorization Act of Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3490), $47,240,000.
(11) For the construction of increment 4 of the
limited area production and storage complex at Naval
Submarine Base, Kitsap, Bangor, Washington (formerly
referred to as a project at the Strategic Weapons
Facility Pacific, Bangor), authorized by section
2201(a) of the Military Construction Authorization Act
of Fiscal Year 2005 (division B of Public Law 108-375;
118 Stat. 2105), as amended by section 2206 of the
Military Construction Authorization Act for Fiscal Year
2006 (division B of Public Law 109-163; 119 Stat.
3493), $39,750,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2201 of this Act may not exceed the sum of the
following:
(1) The total amount authorized to be appropriated
under paragraphs (1), (2), and (3) of subsection (a).
(2) $50,000,000 (the balance of the amount
authorized under section 2201(a) for a submarine drive-
in magnetic silencing facility in Pearl Harbor, Hawaii.
(3) $50,912,000 (the balance of the amount
authorized under section 2201(b) for construction of a
wharf extension in Apra Harbor, Guam.
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 Public
Law 109-364; 120 Stat. 2449) is amended--
(1) in the item relating to Marine Corps Base,
Twentynine Palms, California, by striking
``$27,217,000'' in the amount column and inserting
``$8,217,000'';
(2) by striking the item relating to Naval Support
Activity, Monterey, California;
(3) by striking the item relating to Naval
Submarine Base, New London, Connecticut;
(4) by striking the item relating to Cape
Canaveral, Florida;
(5) in the item relating to Marine Corps Logistics
Base, Albany, Georgia, by striking ``$70,540,000'' in
the amount column and inserting ``$62,000,000'';
(6) by striking the item relating to Naval
Magazine, Pearl Harbor, Hawaii;
(7) by striking the item relating to Naval
Shipyard, Pearl Harbor, Hawaii;
(8) by striking the item relating to Naval Support
Activity, Crane, Indiana;
(9) by striking the item relating to Portsmouth
Naval Shipyard, Maine;
(10) by striking the item relating to Naval Air
Station, Meridian, Mississippi;
(11) by striking the item relating to Naval Air
Station, Fallon, Nevada;
(12) by striking the item relating to Marine Corps
Air Station, Cherry Point, North Carolina;
(13) by striking the item relating to Naval
Station, Newport, Rhode Island;
(14) in the item relating to Marine Corps Air
Station, Beaufort, South Carolina, by striking
``$25,575,000'' in the amount column and inserting
``$22,225,000'';
(15) by striking the item relating to Naval Special
Weapons Center, Dahlgren, Virginia;
(16) in the item relating to Naval Support
Activity, Norfolk, Virginia, by striking
``$41,712,000'' in the amount column and inserting
``$28,462,000'';
(17) in the item relating to Naval Air Station,
Whidbey Island, Washington, by striking ``$67,303,000''
in the amount column and inserting ``$57,653,000''; and
(18) in the item relating to Naval Base, Kitsap,
Washington, by striking ``$17,617,000'' in the amount
column and inserting ``$13,507,000''.
(b) Termination of Military Family Housing Projects.--
Section 2204(a)(6)(A) of such Act (120 Stat. 2450) is amended
by striking ``$308,956,000'' and inserting ``$305,256,000''.
(c) Conforming Amendments.--Section 2204(a) of such Act
(120 Stat. 2450) is amended--
(1) in the matter preceding paragraph (1), by
striking ``$2,109,367,000'' and inserting
``$1,946,867,000''; and
(2) in paragraph (1), by striking ``$832,982,000''
and inserting ``$674,182,000''.
SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2005 PROJECT.
(a) Modification.--The table in section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2005
(division B of Public Law 108-375; 118 Stat. 2105), as amended
by section 2206 of the Military Construction Authorization Act
for Fiscal Year 2006 (division B of Public Law 109-163; 119
Stat. 3493) and section 2205 of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public
Law 109-364; 120 Stat. 2452), is amended--
(1) in the item relating to Strategic Weapons
Facility Pacific, Bangor, Washington, by striking
``$147,760,000'' in the amount column and inserting
``$295,000,000''; and
(2) by striking the amount identified as the total
in the amount column and inserting ``$972,719,000''.
(b) Conforming Amendment.--Section 2204 of the Military
Construction Authorization Act for Fiscal Year 2005 (division B
of Public Law 108-375; 118 Stat. 2107), as amended by section
2206 of the Military Construction Authorization Act for Fiscal
Year 2006 (division B of Public Law 109-163; 119 Stat. 3493)
and section 2205 of the Military Construction Authorization Act
for Fiscal Year 2007 (division B of Public Law 109-364; 120
Stat. 2453), is amended in subsection (b)(6), by striking
``$95,320,000'' and inserting ``$259,320,000''.
SEC. 2207. REPEAL OF AUTHORIZATION FOR CONSTRUCTION OF NAVY OUTLYING
LANDING FIELD, WASHINGTON COUNTY, NORTH CAROLINA.
(a) Repeal of Authorization.--The table in section 2201(a)
of the Military Construction Authorization Act for Fiscal Year
2004 (division B of Public Law 108-136; 117 Stat. 1704) is
amended by striking the item relating to Navy Outlying Landing
Field, Washington County, North Carolina, as added by section
2205(a) of the Military Construction Authorization Act for
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat.
2452).
(b) Repeal of Incremental Funding Authority.--Section
2204(b) of that Act (117 Stat. 1706) is amended by striking
paragraph (6).
(c) Effect of Repeal.--The amendments made by this section
do not affect the expenditure of funds obligated, before the
effective date of this title, for the construction of the Navy
Outlying Landing Field, Washington County, North Carolina, or
the acquisition of real property to facilitate such
construction.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Termination of authority to carry out fiscal year 2007 Air
Force projects for which funds were not appropriated.
Sec. 2306. Modification of authority to carry out certain fiscal year
2006 projects.
Sec. 2307. Extension of authorizations of certain fiscal year 2005
projects.
Sec. 2308. Extension of authorizations of certain fiscal year 2004
projects.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in the
amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alaska.......................... Elmendorf Air Force $83,180,000
Base.
Arizona......................... Davis-Monthan Air $11,200,000
Force Base.
Luke Air Force Base. $5,500,000
Arkansas........................ Little Rock Air $19,600,000
Force Base.
California...................... Travis Air Force $37,400,000
Base.
Colorado........................ Fort Carson......... $13,500,000
Schriever Air Force $24,500,000
Base.
United States Air $15,000,000
Force Academy.
District of Columbia............ Bolling Air Force $2,500,000
Base.
Florida......................... Eglin Air Force Base $158,300,000
MacDill Air Force $60,500,000
Base.
Patrick Air Force $11,854,000
Base.
Tyndall Air Force $52,514,000
Base.
Georgia......................... Moody Air Force Base $7,500,000
Robins Air Force $19,700,000
Base.
Hawaii.......................... Hickam Air Force $31,971,000
Base.
Illinois........................ Scott Air Force Base $24,900,000
Kansas.......................... Fort Riley.......... $12,515,000
McConnell Air Force $6,300,000
Base.
Massachusetts................... Hanscom Air Force $12,800,000
Base.
Mississippi..................... Columbus Air Force $9,800,000
Base.
Missouri........................ Whiteman Air Force $11,400,000
Base.
Montana......................... Malmstrom Air Force $7,000,000
Base.
Nebraska........................ Offutt Air Force $16,952,000
Base.
Nevada.......................... Nellis Air Force $4,950,000
Base.
New Mexico...................... Cannon Air Force $1,688,000
Base.
Kirtland Air Force $15,100,000
Base.
North Dakota.................... Grand Forks Air $13,000,000
Force Base.
Minot Air Force Base $18,200,000
Oklahoma........................ Altus Air Force Base $2,000,000
Tinker Air Force $34,600,000
Base.
Vance Air Force Base $7,700,000
South Carolina.................. Charleston Air Force $11,000,000
Base.
Shaw Air Force Base. $9,300,000
South Dakota.................... Ellsworth Air Force $16,600,000
Base.
Texas........................... Goodfellow Air Force $5,800,000
Base.
Lackland Air Force $14,000,000
Base.
Laughlin Air Force $5,200,000
Base.
Randolph Air Force $2,950,000
Base.
Shepard Air Force $7,000,000
Base.
Utah............................ Hill Air Force Base. $25,999,000
Washington...................... Fairchild Air Force $6,200,000
Base.
Wyoming......................... Francis E. Warren $14,600,000
Air Force Base.
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(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:
Air Force: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Germany...................... Ramstein Air Base........ $48,209,000
Guam......................... Andersen Air Force Base.. $15,816,000
Qatar........................ Al Udeid Air Base........ $22,300,000
Spain........................ Moron Air Base........... $1,800,000
United Kingdom............... Royal Air Force $17,300,000
Lakenheath.
Royal Air Force Menwith $41,000,000
Hill Station.
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(3), the Secretary of the Air Force may acquire real
property and carry out military construction projects for
unspecified installations or locations in the amount set forth
in the following table:
Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Worldwide Classified......... Classified Project....... $1,500,000
Classified-Special $12,328,000
Evaluation Program.
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations in
section 2304(6)(A), the Secretary of the Air Force may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations or
locations, in the number of units, and in the amounts set forth
in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Germany................................. Ramstein Air Base................ 117................ $56,275,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(6)(A), the Secretary of the Air Force may carry out
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.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization of
appropriations in section 2304(6)(A), the Secretary of the Air
Force may improve existing military family housing units in an
amount not to exceed $259,262,000.
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 $2,175,829,000, as follows:
(1) For military construction projects inside the
United States authorized by section 2301(a),
$872,273,000.
(2) For military construction projects outside the
United States authorized by section 2301(b),
$146,425,000.
(3) For the military construction projects at
unspecified worldwide locations authorized by section
2301(c), $13,828,000.
(4) For unspecified minor military construction
projects authorized by section 2805 of title 10, United
States Code, $15,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10,
United States Code, $43,721,000.
(6) For military family housing functions:
(A) For construction and acquisition,
planning and design, and improvement of
military family housing and facilities,
$327,747,000.
(B) For support of military family housing
(including functions described in section 2833
of title 10, United States Code), $688,335,000.
(7) For the construction of increments 3 and 4 of
the main base runway at Edwards Air Force Base,
California, authorized by section 2301(a) of the
Military Construction Authorization Act for Fiscal Year
2006 (division B of Public Law 109-163; 119 Stat.
3494), $43,500,000.
(8) For the construction of increment 3 of the
CENTCOM Joint Intelligence Center at MacDill Air Force
Base, Florida, authorized by section 2301(a) of the
Military Construction Authorization Act for Fiscal Year
2006 (division B of Public Law 109-163; 119 Stat.
3494), as amended by section 2305 of the Military
Construction Authorization Act for Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2456),
$25,000,000.
SEC. 2305. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2007 AIR
FORCE PROJECTS FOR WHICH FUNDS WERE NOT
APPROPRIATED.
(a) Termination of Inside the United States Projects.--The
table in section 2301(a) of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public
Law 109-364; 120 Stat. 2453) is amended--
(1) in the item relating to Elmendorf, Alaska, by
striking ``$68,100,000'' in the amount column and
inserting ``$56,100,000'';
(2) in the item relating to Davis-Monthan Air Force
Base, Arizona, by striking ``$11,800,000'' in the
amount column and inserting ``$4,600,000'';
(3) by striking the item relating to Little Rock
Air Force Base, Arkansas;
(4) in the item relating to Travis Air Force Base,
California, by striking ``$85,800,000'' in the amount
column and inserting ``$73,900,000'';
(5) by striking the item relating to Peterson Air
Force Base, Colorado;
(6) in the item relating to Dover Air Force,
Delaware, by striking ``$30,400,000'' in the amount
column and inserting ``$26,400,000'';
(7) in the item relating to Eglin Air Force Base,
Florida, by striking ``$30,350,000'' in the amount
column and inserting ``$19,350,000'';
(8) in the item relating to Tyndall Air Force Base,
Florida, by striking ``$8,200,000'' in the amount
column and inserting ``$1,800,000'';
(9) in the item relating to Robins Air Force Base,
Georgia, by striking ``$59,600,000'' in the amount
column and inserting ``$38,600,000'';
(10) in the item relating to Scott Air Force,
Illinois, by striking ``$28,200,000'' in the amount
column and inserting ``$20,000,000'';
(11) by striking the item relating to McConnell Air
Force Base, Kansas;
(12) by striking the item relating to Hanscom Air
Force Base, Massachusetts;
(13) by striking the item relating to Whiteman Air
Force Base, Missouri;
(14) by striking the item relating to Malmstrom Air
Force Base, Montana;
(15) in the item relating to McGuire Air Force
Base, New Jersey, by striking ``$28,500,000'' in the
amount column and inserting ``$15,500,000'';
(16) by striking the item relating to Kirtland Air
Force Base, New Mexico;
(17) by striking the item relating to Minot Air
Force Base, North Dakota;
(18) in the item relating to Altus Air Force Base,
Oklahoma, by striking ``$9,500,000'' in the amount
column and inserting ``$1,500,000'';
(19) by striking the item relating to Tinker Air
Force Base, Oklahoma;
(20) by striking the item relating to Charleston
Air Force Base, South Carolina;
(21) in the item relating to Shaw Air Force Base,
South Carolina, by striking ``$31,500,000'' in the
amount column and inserting ``$22,200,000'';
(22) by striking the item relating to Ellsworth Air
Force Base, South Dakota;
(23) by striking the item relating to Laughlin Air
Force Base, Texas;
(24) by striking the item relating to Sheppard Air
Force Base, Texas;
(25) in the item relating to Hill Air Force Base,
Utah, by striking ``$63,400,000'' in the amount column
and inserting ``$53,400,000''; and
(26) by striking the item relating to Fairchild Air
Force Base, Washington.
(b) Conforming Amendments.--Section 2304(a) of such Act
(120 Stat. 2455) is amended--
(1) in the matter preceding paragraph (1), by
striking ``$3,231,442,000'' and inserting
``$3,005,817,000''; and
(2) in paragraph (1), by striking ``$962,286,000''
and inserting ``$736,661,000''.
(c) Exception.--The termination of the authorization of a
military construction project or land acquisition as a result
of the amendment made by subsection (a) shall not apply with
respect to a military construction project or land
acquisition--
(1) that was authorized by section 2301(a) of such
Act; and
(2) for which a contract for the construction or
acquisition was entered into before October 1, 2007.
SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2006 PROJECTS.
(a) Further Modification of Inside the United States
Project.--The table in section 2301(a) of the Military
Construction Authorization Act for Fiscal Year 2006 (division B
of Public Law 109-163; 119 Stat. 3494), as amended by section
2305(a) of the Military Construction Authorization Act for
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat.
2456), is further amended--
(1) in the item relating to Edwards Air Force Base,
California, by striking ``$103,000,000'' in the amount
column and inserting ``$111,500,000''; and
(2) in the item relating to MacDill Air Force Base,
Florida, by striking ``$101,500,000'' in the amount
column and inserting ``$126,500,000''.
(b) Conforming Amendments.--Section 2304(b) of the Military
Construction Authorization Act for Fiscal Year 2006 (division B
of Public Law 109-163; 119 Stat. 3496), as amended by section
2305(b) of the Military Construction Authorization Act for
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat.
2456), is further amended--
(1) in paragraph (3), by striking ``$66,000,000''
and inserting ``$74,500,000''; and
(2) in paragraph (4), by striking ``$23,300,000''
and inserting ``$48,300,000''.
SEC. 2307. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2005
PROJECTS.
(a) Extension and Renewal.--Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal Year
2005 (division B of Public Law 108-375; 118 Stat. 2116), the
authorizations set forth in the table in subsection (b), as
provided in section 2302 of that Act (118 Stat. 2110), shall
remain in effect until October 1, 2008, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2009, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Air Force: Extension of 2005 Project Authorizations
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Davis-Monthan Air Force Base, Family housing (250 $48,500,000
Arizona. units).
Vandenberg Air Force Base, Family housing (120 $30,906,000
California. units).
MacDill Air Force Base, Florida Family housing (61 $21,723,000
units).
Housing maintenance $1,250,000
facility.
Columbus Air Force Base, Housing management $711,000
Mississippi. facility.
Whiteman Air Force Base, Family housing (160 $37,087,000
Missouri. units).
Seymour Johnson Air Force Base, Family housing (167 $32,693,000
North Carolina. units).
Goodfellow Air Force Base, Family housing (127 $20,604,000
Texas. units).
Ramstein Air Base, Germany..... USAFE Theater Aerospace $24,024,000
Operations Support
Center.
------------------------------------------------------------------------
SEC. 2308. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2004
PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2004
(division B of Public Law 108-136; 117 Stat. 1716),
authorizations set forth in the table in subsection (b), as
provided in section 2302 of that Act (117 Stat. 1710) and
extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public
Law 109-364; 120 Stat. 2464), shall remain in effect until
October 1, 2008, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2009, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Air Force: Extension of 2004 Project Authorizations
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Travis Air Force Base, Family housing (56 $12,723,000
California. units).
Eglin Air Force Base, Florida.. Family housing (279 $32,166,000
units).
------------------------------------------------------------------------
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Termination or modification of authority to carry out certain
fiscal year 2007 Defense Agencies projects.
Sec. 2405. Munitions demilitarization facilities, Blue Grass Army Depot,
Kentucky, and Pueblo Chemical Activity, Colorado.
Sec. 2406. Extension of authorizations of certain fiscal year 2005
projects.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(1), the Secretary of Defense may acquire real property
and carry out military construction projects for the
installations or locations inside the United States, and in the
amounts, set forth in the following tables:
Defense Education Activity
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
North Carolina............................... Marine Corps Base, Camp Lejeune.................. $2,014,000
----------------------------------------------------------------------------------------------------------------
Defense Intelligence Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
District of Columbia........................... Bolling Air Force Base......................... $1,012,000
----------------------------------------------------------------------------------------------------------------
Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Port Loma Annex.................................. $140,000,000
Florida...................................... Naval Air Station, Key West...................... $1,874,000
Hawaii....................................... Hickam Air Force Base............................ $11,900,000
New Mexico................................... Kirtland Air Force Base.......................... $1,800,000
Ohio......................................... Defense Supply Center Columbus................... $4,000,000
Pennsylvania................................. Defense Distribution Depot, New Cumberland....... $21,000,000
Virginia..................................... Fort Belvoir..................................... $5,000,000
----------------------------------------------------------------------------------------------------------------
National Security Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Maryland..................................... Fort Meade....................................... $11,901,000
----------------------------------------------------------------------------------------------------------------
Special Operations Command
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Marine Corps Base, Camp Pendleton................ $20,030,000
Naval Amphibious Base, Coronodo.................. $12,000,000
Florida...................................... Hurlburt Field................................... $29,111,000
MacDill Air Force Base........................... $47,700,000
Georgia...................................... Fort Benning..................................... $35,000,000
Hunter Army Air Field............................ $13,800,000
Kentucky..................................... Fort Campbell.................................... $53,500,000
Mississippi.................................. Stennis Space Center............................. $10,200,000
New Mexico................................... Cannon Air Force Base............................ $7,500,000
North Carolina............................... Fort Bragg....................................... $47,250,000
Marine Corps Base, Camp Lejeune.................. $28,210,000
Virginia..................................... Dam Neck......................................... $113,800,000
Naval Amphibious Base, Little Creek.............. $48,000,000
Washington................................... Fort Lewis....................................... $77,000,000
----------------------------------------------------------------------------------------------------------------
TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Florida...................................... MacDill Air Force Base........................... $5,000,000
Illinois..................................... Naval Hospital, Great Lakes...................... $99,000,000
New York..................................... Fort Drum........................................ $41,000,000
Texas........................................ Camp Bullis...................................... $7,400,000
Virginia..................................... Naval Station, Norfolk........................... $6,450,000
Washington................................... Fort Lewis....................................... $21,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(2), the Secretary of Defense may acquire real property
and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following tables:
Defense Education Activity
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Belgium....................................... Sterrebeek...................................... $5,992,000
Germany....................................... Ramstein Air Base............................... $5,393,000
Wiesbaden Air Base.............................. $20,472,000
----------------------------------------------------------------------------------------------------------------
Special Operations Command
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Bahrain....................................... Southwest Asia.................................. $19,000,000
Qatar......................................... Al Udeid AB..................................... $52,852,000
----------------------------------------------------------------------------------------------------------------
TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany....................................... Spangdahlem Air Base............................ $30,100,000
----------------------------------------------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using the amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(3), the Secretary of Defense may acquire real property
and carry out military construction projects for unspecified
installations or locations in the amount set forth in the
following table:
Defense Agencies: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Worldwide Classified Classified Project....... $1,887,000
------------------------------------------------------------------------
SEC. 2402. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2403(a)(7), the Secretary of Defense
may carry out energy conservation projects under chapter 173 of
title 10, United States Code, in the amount of $70,000,000.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be
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
$1,763,120,000 as follows:
(1) For military construction projects inside the
United States authorized by section 2401(a),
$791,902,000.
(2) For military construction projects outside the
United States authorized by section 2401(b),
$133,809,000.
(3) For the military construction projects at
unspecified worldwide locations authorized by section
2301(c), $1,887,000.
(4) For unspecified minor military construction
projects under section 2805 of title 10, United States
Code, $23,711,000.
(5) For contingency construction projects of the
Secretary of Defense under section 2804 of title 10,
United States Code, $5,000,000.
(6) For architectural and engineering services and
construction design under section 2807 of title 10,
United States Code, $155,569,000.
(7) For energy conservation projects authorized by
section 2402 of this Act, $70,000,000.
(8) For military family housing functions:
(A) For support of military family housing
(including functions described in section 2833
of title 10, United States Code), $48,848,000.
(B) For credit to the Department of Defense
Family Housing Improvement Fund established by
section 2883(a)(1) of title 10, United States
Code, $500,000.
(9) For the construction of increment 3 of the
regional security operations center at Kunia, Hawaii,
authorized by section 2401(a) of the Military
Construction Authorization Act of Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3497), as
amended by section 7017 of the Emergency Supplemental
Appropriations Act for Defense, the Global War on
Terror, and Hurricane Recovery, 2006 (Public Law 109-
234; 120 Stat. 485), $136,318,000.
(10) For the construction of increment 3 of the
regional security operations center at Augusta,
Georgia, authorized by section 2401(a) of the Military
Construction Authorization Act of Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3497), as
amended by section 7016 of the Emergency Supplemental
Appropriations Act for Defense, the Global War on
Terror, and Hurricane Recovery, 2006 (Public Law 109-
234; 120 Stat. 485), $100,000,000.
(11) For the construction of increment 2 of the
health clinic replacement at MacDill Air Force Base,
Florida, authorized by section 2401(a) of the Military
Construction Authorization Act of Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2457),
$41,400,000.
(12) For the construction of increment 2 of the
replacement of the Army Medical Research Institute of
Infectious Diseases at Fort Detrick, Maryland,
authorized by section 2401(a) of the Military
Construction Authorization Act of Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2457),
$150,000,000.
(13) For the construction of increment 9 of a
munitions demilitarization facility at Pueblo Chemical
Activity, Colorado, authorized by section 2401(a) of
the Military Construction Authorization Act for Fiscal
Year 1997 (division B of Public Law 104-201; 110 Stat.
2775), as amended by section 2406 of the Military
Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 839) and
section 2407 of the Military Construction Authorization
Act for Fiscal Year 2003 (division B of Public Law 107-
314; 116 Stat. 2698), $35,159,000.
(14) For the construction of increment 8 of a
munitions demilitarization facility at Blue Grass Army
Depot, Kentucky, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year
2000 (division B of Public Law 106-65; 113 Stat. 835),
as amended by section 2405 of the Military Construction
Authorization Act for Fiscal Year 2002 (division B of
Public Law 107-107; 115 Stat. 1298) and section 2405 of
the Military Construction Authorization Act for Fiscal
Year 2003 (division B of Public Law 107-314; 116 Stat.
2698), $69,017,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2401 of this Act may not exceed the sum of the
following:
(1) The total amount authorized to be appropriated
under paragraphs (1), (2), and (3) of subsection (a).
(2) $84,300,000 (the balance of the amount
authorized for the Defense Logistics Agency under
section 2401(a) for the replacement of fuel storage
facilities, Point Loma Annex, California).
(3) $47,250,000 (the balance of the amount
authorized for the Special Operations Command under
section 2401(a) for a special operations forces
operations facility at Dam Neck, Virginia).
SEC. 2404. TERMINATION OR MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2007 DEFENSE AGENCIES PROJECTS.
(a) Termination of Projects for Which Funds Were Not
Appropriated.--The table relating to Special Operations Command
in section 2401(a) of the Military Construction Authorization
Act for Fiscal Year 2007 (division B of Public Law 109-364; 120
Stat. 2457) is amended--
(1) by striking the item relating to Stennis Space
Center, Mississippi; and
(2) in the item relating to Fort Bragg, North
Carolina, by striking ``$51,768,000'' in the amount
column and inserting ``$44,868,000''.
(b) Modification of Authority to Carry Out Certain Base
Closure and Realignment Activities.--Section 2405(a)(7) of that
Act (120 Stat. 2460) is amended by striking ``$191,220,000''
and inserting ``$252,279,000''.
(c) Modification of Munitions Demilitarization Facility
Project.--Section 2405(a)(15) of that Act (120 Stat. 2461) is
amended by striking ``$99,157,000'' and inserting
``$89,157,000''.
(d) Conforming Amendments.--Section 2405(a) of that Act
(120 Stat. 2460) is amended--
(1) in the matter preceding paragraph (1), by
striking ``$7,163,431,000'' and inserting
``$7,197,390,000''; and
(2) in paragraph (1), by striking ``$533,099,000''
and inserting ``$515,999,000''.
SEC. 2405. MUNITIONS DEMILITARIZATION FACILITIES, BLUE GRASS ARMY
DEPOT, KENTUCKY, AND PUEBLO CHEMICAL ACTIVITY,
COLORADO.
(a) Munitions Demilitarization Facility, Blue Grass Army
Depot.--
(1) Authority to increase amount for
construction.--Consistent with the total project amount
authorized for the construction of a munitions
demilitarization facility at Blue Grass Army Depot,
Kentucky, by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 836), as
amended by section 2405 of the Military Construction
Authorization Act for Fiscal Year 2002 (division B of
Public Law 107-107; 115 Stat. 1298) and section 2405 of
the Military Construction Authorization Act for Fiscal
Year 2003 (division B of Public Law 107-314; 116 Stat.
2698), the Secretary of Defense may transfer amounts of
authorizations made available by section 2403(a)(1) of
this Act to increase amounts available for the
construction of increment 8 of such munitions
demilitarization facility.
(2) Aggregate limit.--The aggregate amount of
authorizations that the Secretary may transfer under
the authority of this subsection may not exceed
$17,300,000.
(b) Munitions Demilitarization Facility, Pueblo Chemical
Activity.--
(1) Authority to increase amount for
construction.--Consistent with the total project amount
authorized for the construction a munitions
demilitarization facility at Pueblo Chemical Activity,
Colorado, by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1997
(Public Law 104-201; 110 Stat. 2775), as amended by
section 2406 of the Military Construction Authorization
Act for Fiscal Year 2000 (division B of Public Law 106-
65; 113 Stat. 839) and section 2407 of the Military
Construction Authorization Act for Fiscal Year 2003
(division B of Public Law 107-314; 116 Stat. 2698), the
Secretary of Defense may transfer amounts of
authorizations made available by section 2403(a)(1) of
this Act to increase amounts available for the
construction of increment 9 of such munitions
demilitarization facility.
(2) Aggregate limit.--The aggregate amount of
authorizations that the Secretary may transfer under
the authority of this subsection may not exceed
$32,000,000.
(c) Certification Requirement.--Before exercising the
authority provided in subsection (a) or (b), the Secretary of
Defense shall provide to the congressional defense committees--
(1) a certification that the transfer under such
subsection of amounts authorized to be appropriated is
in the best interest of national security; and
(2) a statement that the increased amount
authorized to be appropriated will be used to carry out
authorized military construction activities.
SEC. 2406. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2005
PROJECTS.
(a) Extension and Renewal.--Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal Year
2005 (division B of Public Law 108-375; 118 Stat. 2116), the
authorizations set forth in the table in subsection (b), as
provided in section 2401 of that Act (118 Stat. 2112), shall
remain in effect until October 1, 2008, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2009, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Defense Agencies: Extension of 2005 Project Authorizations
------------------------------------------------------------------------
Installation or Location Agency and Project Amount
------------------------------------------------------------------------
Naval Air Station, Oceana, DLA bulk fuel storage $3,589,000
Virginia. tank.
Naval Air Station, Jacksonville, TMA hospital project. $28,438,000
Florida.
------------------------------------------------------------------------
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
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 section 2806 of title 10, United States Code, in
an amount not to exceed the sum of the amount authorized to be
appropriated for this purpose in section 2502 and the amount
collected from the North Atlantic Treaty Organization as a
result of construction previously financed by the United
States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2007, for contributions by
the Secretary of Defense under section 2806 of title 10, United
States Code, for the share of the United States of the cost of
projects for the North Atlantic Treaty Organization Security
Investment Program authorized by section 2501, in the amount of
$201,400,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Termination of authority to carry out fiscal year 2007 Guard
and Reserve projects for which funds were not appropriated.
Sec. 2608. Modification of authority to carry out fiscal year 2006 Air
Force Reserve construction and acquisition projects.
Sec. 2609. Extension of authorizations of certain fiscal year 2005
projects.
Sec. 2610. Extension of authorizations of certain Fiscal Year 2004
projects.
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(1)(A), the Secretary of the Army
may acquire real property and carry out military construction
projects for the Army National Guard locations, and in the
amounts, set forth in the following table:
Army National Guard
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Alabama......................... Springville........ $3,300,000
Arizona......................... Florence........... $10,870,000
Arkansas........................ Camp Robinson...... $25,823,000
California...................... Camp Roberts....... $2,850,000
Sacramento Army $21,000,000
Depot.
Connecticut..................... Niantic............ $13,600,000
Florida......................... Camp Blanding...... $15,524,000
Jacksonville....... $12,200,000
Idaho........................... Gowen Field........ $7,615,000
Orchard Training $1,700,000
Area.
Illinois........................ St. Clair County... $8,100,000
Indiana......................... Muscatatuck........ $4,996,000
Iowa............................ Iowa City.......... $13,186,000
Kentucky........................ London............. $2,427,000
Michigan........................ Camp Grayling...... $2,450,000
Lansing............ $4,239,000
Minnesota....................... Camp Ripley........ $17,450,000
Mississippi..................... Camp Shelby........ $4,000,000
Missouri........................ Whiteman Air Force $30,000,000
Base.
North Carolina.................. Asheville.......... $3,733,000
North Dakota.................... Camp Grafton....... $33,416,000
Oregon.......................... Ontario............ $11,000,000
Pennsylvania.................... Carlisle........... $7,800,000
East Fallowfield $8,300,000
Township.
Fort Indiantown Gap $9,500,000
Gettysburg......... $6,300,000
Graterford......... $7,300,000
Hanover............ $5,500,000
Hazelton........... $5,600,000
Holidaysburg....... $9,400,000
Huntingdon......... $7,500,000
Kutztown........... $6,800,000
Lebanon............ $7,800,000
Philadelphia....... $13,650,000
Waynesburg......... $9,000,000
Rhode Island.................... East Greenwich..... $8,200,000
North Kingstown.... $33,000,000
Texas........................... Camp Bowie......... $1,500,000
Fort Wolters....... $2,100,000
Utah............................ North Salt Lake.... $12,200,000
Vermont......................... Ethan Allen Range.. $1,996,000
Virginia........................ Fort Pickett....... $26,211,000
Winchester......... $3,113,000
West Virginia................... Camp Dawson........ $9,400,000
Wyoming......................... Camp Guernsey...... $2,650,000
------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(1)(B), the Secretary of the Army
may acquire real property and carry out military construction
projects for the Army Reserve locations, and in the amounts,
set forth in the following table:
Army Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
California...................... BT Collins......... $6,874,000
Fort Hunter Liggett $7,035,000
Garden Grove....... $25,440,000
Montana......................... Butte.............. $7,629,000
New Jersey...................... Fort Dix........... $22,900,000
New York........................ Fort Drum.......... $15,923,000
Texas........................... Ellington Field.... $15,000,000
Fort Worth......... $15,076,000
Wisconsin....................... Ellsworth.......... $9,100,000
Fort McCoy......... $8,523,000
------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(a)(2), the Secretary of the Navy
may acquire real property and carry out military construction
projects for the Navy Reserve and Marine Corps Reserve
locations, and in the amounts, set forth in the following
table:
Navy Reserve and Marine Corps Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
California.................... Miramar.............. $5,580,000
Michigan...................... Selfridge............ $4,030,000
Ohio.......................... Wright-Patterson Air $10,277,000
Force Base.
Oregon........................ Portland............. $1,900,000
South Dakota.................. Sioux Falls.......... $3,730,000
Texas......................... Austin............... $6,490,000
Fort Worth........... $27,484,000
Virginia...................... Quantico............. $2,410,000
------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(3)(A), the Secretary of the Air
Force may acquire real property and carry out military
construction projects for the Air National Guard locations, and
in the amounts, set forth in the following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Colorado....................................... Buckley Air National Guard Base.................. $7,300,000
Delaware....................................... New Castle....................................... $10,800,000
Florida........................................ Jacksonville International Airport............... $6,000,000
Georgia........................................ Savannah International Airport................... $9,000,000
Indiana........................................ Hulman Regional Airport.......................... $7,700,000
Kansas......................................... Smoky Hill Air National Guard Range.............. $9,000,000
Louisiana...................................... Camp Beauregard.................................. $1,800,000
Massachusetts.................................. Otis Air National Guard Base..................... $1,800,000
Barnes Air National Guard Base................... $7,300,000
Mississippi.................................... Key Field........................................ $6,100,000
Nebraska....................................... Lincoln.......................................... $8,900,000
Nevada......................................... Reno-Tahoe International Airport................. $5,200,000
New Hampshire.................................. Pease Air National Guard Base.................... $8,900,000
New Jersey..................................... Atlantic City.................................... $9,800,000
New York....................................... Gabreski Airport................................. $8,400,000
Griffiss......................................... $6,600,000
Hancock Field.................................... $5,100,000
North Carolina................................. Charlotte........................................ $4,000,000
Ohio........................................... Rickenbacker Air National Guard Base............. $7,600,000
Pennsylvania................................... Fort Indiantown Gap.............................. $12,700,000
Harrisburg....................................... $1,000,000
Rhode Island................................... Quonset State Airport............................ $5,000,000
South Dakota................................... Joe Foss Field................................... $7,900,000
Tennessee...................................... Lovell Field..................................... $8,200,000
McGhee-Tyson Airport............................. $3,200,000
Memphis International Airport.................... $11,376,000
Texas.......................................... Ellington Field.................................. $7,200,000
Vermont........................................ Burlington....................................... $6,600,000
West Virginia.................................. Eastern WV Regional Airport...................... $50,776,000
Yeager........................................... $17,300,000
Wisconsin...................................... Truax Field...................................... $7,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(3)(B), the Secretary of the Air
Force may acquire real property and carry out military
construction projects for the Air Force Reserve locations, and
in the amounts, set forth in the following table:
Air Force Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Alaska........................ Elmendorf Air Force $14,950,000
Base.
Utah.......................... Hill Air Force Base.. $3,200,000
------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2007, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title 10,
United States Code (including the cost of acquisition of land
for those facilities), in the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the
United States, $536,656,000; and
(B) for the Army Reserve, $148,133,000.
(2) For the Department of the Navy, for the Navy
and Marine Corps Reserve, $64,430,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the
United States, $287,537,000; and
(B) for the Air Force Reserve, $28,359,000.
SEC. 2607. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2007 GUARD
AND RESERVE PROJECTS FOR WHICH FUNDS WERE NOT
APPROPRIATED.
Section 2601 of the Military Construction Authorization Act
for Fiscal Year 2007 (division B of Public Law 109-364; 120
Stat. 2463) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking
``$561,375,000'' and inserting
``$476,697,000''; and
(B) in subparagraph (B), by striking
``$190,617,000'' and inserting
``$167,987,000'';
(2) in paragraph (2), by striking ``49,998,000''
and inserting ``$43,498,000''; and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking
``$294,283,000'' and inserting
``$133,983,000''; and
(B) in subparagraph (B), by striking
``$56,836,000'' and inserting ``$47,436,000''.
SEC. 2608. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2006 AIR
FORCE RESERVE CONSTRUCTION AND ACQUISITION
PROJECTS.
Section 2601(3)(B) of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public
Law 109-163; 119 Stat. 3501) is amended by striking
``$105,883,000'' and inserting ``$102,783,000''.
SEC. 2609. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2005
PROJECTS.
(a) Extension and Renewal.--Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal Year
2005 (division B of Public Law 108-375; 118 Stat. 2116), the
authorizations set forth in the tables in subsection (b), as
provided in section 2601 of that Act (118 Stat. 2115), shall
remain in effect until October 1, 2008, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2009, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:
Army National Guard: Extension of 2005 Project Authorizations
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Dublin, California............... Readiness center..... $11,318,000
Gary, Indiana.................... Reserve center....... $9,380,000
------------------------------------------------------------------------
Army Reserve: Extension of 2005 Project Authorization
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Corpus Christi (Robstown), Texas. Storage facility..... $9,038,000
------------------------------------------------------------------------
SEC. 2610. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2004
PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2004
(division B of Public Law 108-136; 117 Stat. 1716), the
authorizations set forth in the table in subsection (b), as
provided in section 2601 of that Act (117 Stat. 1715) and
extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public
Law 109-364; 120 Stat. 2464), shall remain in effect until
October 1, 2008, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2009, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Army National Guard: Extension of 2004 Project Authorizations
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Albuquerque, New Mexico........ Readiness center....... $2,533,000
Fort Indiantown Gap, Multi-purpose training $15,338,000
Pennsylvania. range.
------------------------------------------------------------------------
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.
Sec. 2702. Authorized base closure and realignment activities funded
through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base closure and
realignment activities funded through Department of Defense
Base Closure Account 2005.
Sec. 2704. Authorized cost and scope of work variations for military
construction and military family housing projects related to
base closures and realignments.
Sec. 2705. Transfer of funds from Department of Defense Base Closure
Account 2005 to Department of Defense Housing Funds.
Sec. 2706. Comprehensive accounting of funding required to ensure timely
implementation of 2005 Defense Base Closure and Realignment
Commission recommendations.
Sec. 2707. Relocation of units from Roberts United States Army Reserve
Center and Navy-Marine Corps Reserve Center, Baton Rouge,
Louisiana.
Sec. 2708. Acquisition of real property, Fort Belvoir, Virginia, as part
of the realignment of the installation.
Sec. 2709. Report on availability of traffic infrastructure and
facilities to support base realignment.
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND
REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF
DEFENSE BASE CLOSURE ACCOUNT 1990.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2007, for base closure and
realignment activities, including real property acquisition and
military construction projects, as authorized by the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note) and funded through
the Department of Defense Base Closure Account 1990 established
by section 2906 of such Act, in the total amount of
$295,689,000, as follows:
(1) For the Department of the Army, $98,716,000.
(2) For the Department of the Navy, $50,000,000.
(3) For the Department of the Air Force,
$143,260,000.
(4) For the Defense Agencies, $3,713,000.
SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT 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 Public Law 101-510; 10 U.S.C.
2687 note) and funded through the Department of Defense Base
Closure Account 2005 established by section 2906A of such Act,
in the amount of $8,718,988,000.
SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND
REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF
DEFENSE BASE CLOSURE ACCOUNT 2005.
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 Public Law 101-510; 10 U.S.C. 2687 note) and funded through
the Department of Defense Base Closure Account 2005 established
by section 2906A of such Act, in the total amount of
$8,040,401,000, as follows:
(1) For the Department of the Army, $4,015,746,000.
(2) For the Department of the Navy, $733,695,000.
(3) For the Department of the Air Force,
$1,183,812,000.
(4) For the Defense Agencies, $2,107,148,000.
SEC. 2704. AUTHORIZED COST AND SCOPE OF WORK VARIATIONS FOR MILITARY
CONSTRUCTION AND MILITARY FAMILY HOUSING PROJECTS
RELATED TO BASE CLOSURES AND REALIGNMENTS.
(a) Variations Authorized.--Section 2905A of the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note) is amended by
adding at the end the following new subsection:
``(f) Authorized Cost and Scope of Work Variations.--(1)
Subject to paragraphs (2) and (3), the cost authorized for a
military construction project or military family housing
project to be carried out using funds in the Account may not be
increased or reduced by more than 20 percent or $2,000,000,
whichever is greater, of the amount specified for the project
in the conference report to accompany the Military Construction
Authorization Act authorizing the project. The scope of work
for such a project may not be reduced by more than 25 percent
from the scope specified in the most recent budget documents
for the projects listed in such conference report.
``(2) Paragraph (1) shall not apply to a military
construction project or military family housing project to be
carried out using funds in the Account with an estimated cost
of less than $5,000,000, unless the project has not been
previously identified in any budget submission for the Account
and exceeds the applicable minor construction threshold under
section 2805 of title 10, United States Code.
``(3) The limitation on cost or scope variation in
paragraph (1) shall not apply if the Secretary of Defense makes
a determination that an increase or reduction in cost or a
reduction in the scope of work for a military construction
project or military family housing project to be carried out
using funds in the Account needs to be made for the sole
purpose of meeting unusual variations in cost or scope. If the
Secretary makes such a determination, the Secretary shall
notify the congressional defense committees of the variation in
cost or scope not later than 21 days before the date on which
the variation is made in connection with the project or, if the
notification is provided in an electronic medium pursuant to
section 480 of title 10, United States Code, not later than 14
days before the date on which the variation is made. The
Secretary shall include the reasons for the variation in the
notification.''.
(b) Report on Existing Projects.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees a
report specifying all military construction projects and
military family housing projects carried out using funds in the
Department of Defense Base Closure Account 2005 for which a
cost or scope of work variation was made before that date that
would have been subject to subsection (f) of section 2905A of
the Defense Base Closure and Realignment Act of 1990, as added
by this section, if such subsection had been in effect when the
cost or scope of work variation was made. The Secretary shall
include a description of each variation covered by the report
and the reasons for the variation.
SEC. 2705. TRANSFER OF FUNDS FROM DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT 2005 TO DEPARTMENT OF DEFENSE HOUSING
FUNDS.
(a) Transfer Authority.--Subsection (c) of section 2883 of
title 10, United States Code, is amended--
(1) in paragraph (1), by adding at the end the
following new subparagraph:
``(G) Subject to subsection (f), any amounts that
the Secretary of Defense transfers to that Fund from
amounts in the Department of Defense Base Closure
Account 2005.''; and
(2) in paragraph (2), by adding at the end the
following new subparagraph:
``(G) Subject to subsection (f), any amounts that
the Secretary of Defense transfers to that Fund from
amounts in the Department of Defense Base Closure
Account 2005.''.
(b) Notification and Justification for Transfer.--
Subsection (f) of such section is amended--
(1) by striking ``paragraph (1)(B) or (2)(B)'' and
inserting ``subparagraph (B) or (G) of paragraph (1) or
subparagraph (B) or (G) of paragraph (2)''; and
(2) by adding at the end the following new
sentence: ``In addition, the notice required in
connection with a transfer under subparagraph (G) of
paragraph (1) or subparagraph (G) of paragraph (2)
shall include a certification that the amounts to be
transferred from the Department of Defense Base Closure
Account 2005 were specified in the conference report to
accompany the most recent Military Construction
Authorization Act.''.
SEC. 2706. COMPREHENSIVE ACCOUNTING OF FUNDING REQUIRED TO ENSURE
TIMELY IMPLEMENTATION OF 2005 DEFENSE BASE CLOSURE
AND REALIGNMENT COMMISSION RECOMMENDATIONS.
The Secretary of Defense shall submit to Congress with the
budget materials for fiscal year 2009 a comprehensive
accounting of the funding required to ensure that the plan for
implementing the final recommendations of the 2005 Defense Base
Closure and Realignment Commission remains on schedule for
completion by September 15, 2011, as required by section
2904(c)(5) of the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note).
SEC. 2707. RELOCATION OF UNITS FROM ROBERTS UNITED STATES ARMY RESERVE
CENTER AND NAVY-MARINE CORPS RESERVE CENTER, BATON
ROUGE, LOUISIANA.
The Secretary of the Army may use funds appropriated
pursuant to the authorization of appropriations in paragraphs
(1) and (2) of section 2703 for the purpose of siting an Army
Reserve Center and Navy and Marine Corps Reserve Center on land
under the control of the State of Louisiana adjacent to, or in
the vicinity of, the Baton Rouge Metropolitan Airport in Baton
Rouge, Louisiana, at a location determined by the Secretary to
be in the best interest of national security and in the public
interest.
SEC. 2708. ACQUISITION OF REAL PROPERTY, FORT BELVOIR, VIRGINIA, AS
PART OF THE REALIGNMENT OF THE INSTALLATION.
(a) Acquisition Authority.--Pursuant to section
2905(a)(1)(A) of the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), the relocation of members of the Armed Forces and
civilian employees of the Department of Defense who are
scheduled to be relocated to Fort Belvoir, Virginia, shall be
limited to the following locations:
(1) Fort Belvoir.
(2) A parcel of real property consisting of
approximately 69.5 acres, under the administrative
jurisdiction of the Administrator of General Services
(in this section referred to as the ``Administrator'')
and containing warehouse facilities in Springfield,
Virginia, (in this section referred to the ``GSA
Property'').
(3) Any other parcels of land (using including any
improvement thereon) that are acquired, using
competitive procedures, in fee in the vicinity of Fort
Belvoir.
(b) Acquisition Selection Criteria.--The Secretary of the
Army shall select the site to be used under subsection (a)
based on the best value to the Government, and, in making that
determination, the Secretary shall consider cost and schedule.
(c) GSA Property Transfer Authorized.--Pursuant to the
relocation alternative authorized by subsection (a)(2), the
Administrator may transfer the GSA Property to the
administrative jurisdiction of the Secretary of the Army for
the purpose of permitting the Secretary to construct facilities
on the property to support administrative functions to be
located at Fort Belvoir, Virginia.
(d) Implementation of GSA Property Transfer.--
(1) Consideration.--As consideration for the
transfer of the GSA Property under subsection (c), the
Secretary of the Army shall--
(A) pay all reasonable costs to move
personnel, furnishings, equipment, and other
material related to the relocation of functions
identified by the Administrator; and
(B) if determined to be necessary by the
Administrator--
(i) transfer to the administrative
jurisdiction of the Administrator a
parcel of property in the National
Capital Region under the jurisdiction
of the Secretary and determined to be
suitable by the Administrator;
(ii) design and construct storage
facilities, utilities, security
measures, and access to a road
infrastructure on the parcel
transferred under clause (i) to meet
the requirements of the Administrator;
and
(iii) enter into a memorandum of
agreement with the Administrator for
support services and security at the
new facilities constructed pursuant to
clause (ii).
(2) Equal value transfer.--As a condition of the
transfer of the GSA Property under subsection (c), the
transfer agreement shall provide that the fair market
value of the GSA Property and the consideration
provided under paragraph (1) shall be equal or, if not
equal, shall be equalized through the use of a cash
equalization payment.
(3) Description of property.--The exact acreage and
legal description of the GSA Property shall be
determined by surveys satisfactory to the Administrator
and the Secretary of the Army.
(4) Congressional notice.--Before undertaking an
activity under subsection (c) that would require
approval of a prospectus under section 3307 of title
40, United States Code, the Administrator shall provide
to the Committee on Transportation and Infrastructure
of the House of Representatives, the Committee on
Environment and Public Works of the Senate, and the
congressional defense committees a written notice
containing a description of the activity to be
undertaken.
(5) No effect on compliance with environmental
laws.--Nothing in this section or subsection (c) may be
construed to affect or limit the application of or
obligation to comply with any environmental law,
including section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620(h)).
(6) Additional terms and conditions.--The
Administrator and the Secretary of the Army may require
such additional terms and conditions in connection with
the GSA Property transfer as the Administrator, in
consultation with the Secretary, determines appropriate
to protect the interests of the United States and
further the purposes of this section.
(e) Administration of Transferred or Acquired Property.--
Upon completion of any property transfer or acquisition
authorized by subsection (a), the property shall be
administered by the Secretary of the Army as a part of Fort
Belvoir.
(f) Status Report.--Not later than March 1, 2008, the
Secretary of the Army shall submit to the congressional defense
committees a report on the status and estimated costs of
implementing subsection (a).
SEC. 2709. REPORT ON AVAILABILITY OF TRAFFIC INFRASTRUCTURE AND
FACILITIES TO SUPPORT BASE REALIGNMENT.
(a) Sense of Congress.--
(1) Designation of defense access roads.--It is the
sense of Congress that roads leading onto Fort Belvoir,
Virginia, and other military installations that will be
significantly impacted by an increase in the number of
members of the Armed Forces and civilian employees of
the Department of Defense assigned to the installation
as a result of the 2005 round of defense base closures
and realignments under the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public
Law 101-510; 10 U.S.C. 2687 note) or any other
significant impact resulting from a realignment of
forces should be considered for designation as defense
access roads for purposes of section 210 of title 23,
United States Code.
(2) Facilities and infrastructure.--It is the sense
of Congress that the Secretary of Defense should seek
to ensure that the permanent facilities and
infrastructure necessary to support the mission of the
Armed Forces and the quality of life needs of members
of the Armed Forces, civilian employees, and their
families are ready for use at receiving locations
before units are transferred to such locations as a
result of the 2005 round of defense base closures and
realignments.
(b) Study of Military Infrastructure and Surface
Transportation Infrastructure.--Not later than April 1, 2008,
the Comptroller General shall submit to the congressional
defense committees a report with regard to each military
installation that will be significantly impacted by an increase
in assigned forces or civilian personnel, as described in
subsection (a), for the purpose of determining whether--
(1) military facility requirements (including
quality of life projects) will be met before the
arrival of assigned forces; and
(2) the Department of Defense has programmed
sufficient funding to mitigate community traffic
congestion in accordance with the defense access roads
program under section 210 of title 23, United States
Code.
TITLE XXIX--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Authority to use operation and maintenance funds for
construction projects outside the United States.
Sec. 2802. Clarification of requirement for authorization of military
construction.
Sec. 2803. Increase in thresholds for unspecified minor military
construction projects.
Sec. 2804. Temporary authority to support revitalization of Department
of Defense laboratories through unspecified minor military
construction projects.
Sec. 2805. Extension of authority to accept equalization payments for
facility exchanges.
Sec. 2806. Modifications of authority to lease military family housing.
Sec. 2807. Expansion of authority to exchange reserve component
facilities.
Sec. 2808. Limitation on use of alternative authority for acquisition
and improvement of military housing for privatization of
temporary lodging facilities.
Sec. 2809. Two-year extension of temporary program to use minor military
construction authority for construction of child development
centers.
Sec. 2810. Report on housing privatization initiatives.
Subtitle B--Real Property and Facilities Administration
Sec. 2821. Requirement to report real property transactions resulting in
annual costs of more than $750,000.
Sec. 2822. Continued consolidation of real property provisions without
substantive change.
Sec. 2823. Modification of authority to lease non-excess property of the
military departments.
Sec. 2824. Cooperative agreement authority for management of cultural
resources on certain sites outside military installations.
Sec. 2825. Agreements to limit encroachments and other constraints on
military training, testing, and operations.
Sec. 2826. Expansion to all military departments of Army pilot program
for purchase of certain municipal services for military
installations.
Sec. 2827. Prohibition on commercial flights into Selfridge Air National
Guard Base.
Sec. 2828. Sense of Congress on Department of Defense actions to protect
installations, ranges, and military airspace from
encroachment.
Sec. 2829. Reports on Army and Marine Corps operational ranges.
Sec. 2830. Niagara Air Reserve Base, New York, basing report.
Sec. 2831. Report on the Pinon Canyon Maneuver Site, Colorado.
Subtitle C--Land Conveyances
Sec. 2841. Modification of conveyance authority, Marine Corps Base, Camp
Pendleton, California.
Sec. 2842. Grant of easement, Eglin Air Force Base, Florida.
Sec. 2843. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida.
Sec. 2844. Modification of lease of property, National Flight Academy at
the National Museum of Naval Aviation, Naval Air Station,
Pensacola, Florida.
Sec. 2845. Land exchange, Detroit, Michigan.
Sec. 2846. Transfer of jurisdiction, former Nike missile site, Grosse
Ile, Michigan.
Sec. 2847. Modification to land conveyance authority, Fort Bragg, North
Carolina.
Sec. 2848. Land conveyance, Lewis and Clark United States Army Reserve
Center, Bismarck, North Dakota.
Sec. 2849. Land exchange, Fort Hood, Texas.
Subtitle D--Energy Security
Sec. 2861. Repeal of congressional notification requirement regarding
cancellation ceiling for Department of Defense energy savings
performance contracts.
Sec. 2862. Definition of alternative fueled vehicle.
Sec. 2863. Use of energy efficient lighting fixtures and bulbs in
Department of Defense facilities.
Sec. 2864. Reporting requirements relating to renewable energy use by
Department of Defense to meet Department electricity needs.
Subtitle E--Other Matters
Sec. 2871. Revised deadline for transfer of Arlington Naval Annex to
Arlington National Cemetery.
Sec. 2872. Transfer of jurisdiction over Air Force Memorial to
Department of the Air Force.
Sec. 2873. Report on plans to replace the monument at the Tomb of the
Unknowns at Arlington National Cemetery, Virginia.
Sec. 2874. Increased authority for repair, restoration, and preservation
of Lafayette Escadrille Memorial, Marnes-la-Coquette, France.
Sec. 2875. Addition of Woonsocket local protection project.
Sec. 2876. Repeal of moratorium on improvements at Fort Buchanan, Puerto
Rico.
Sec. 2877. Establishment of national military working dog teams monument
on suitable military installation.
Sec. 2878. Report required prior to removal of missiles from 564th
Missile Squadron.
Sec. 2879. Report on condition of schools under jurisdiction of
Department of Defense Education Activity.
Sec. 2880. Report on facilities and operations of Darnall Army Medical
Center, Fort Hood Military Reservation, Texas.
Sec. 2881. Report on feasibility of establishing a regional disaster
response center at Kelly Air Field, San Antonio, Texas.
Sec. 2882. Naming of housing facility at Fort Carson, Colorado, in honor
of the Honorable Joel Hefley, a former member of the United
States House of Representatives.
Sec. 2883. Naming of Navy and Marine Corps Reserve Center at Rock
Island, Illinois, in honor of the Honorable Lane Evans, a
former member of the United States House of Representatives.
Sec. 2884. Naming of research laboratory at Air Force Rome Research
Site, Rome, New York, in honor of the Honorable Sherwood L.
Boehlert, a former member of the United States House of
Representatives.
Sec. 2885. Naming of administration building at Joint Systems
Manufacturing Center, Lima, Ohio, in honor of the Honorable
Michael G. Oxley, a former member of the United States House
of Representatives.
Sec. 2886. Naming of Logistics Automation Training Facility, Army
Quartermaster Center and School, Fort Lee, Virginia, in honor
of General Richard H. Thompson.
Sec. 2887. Authority to relocate Joint Spectrum Center to Fort Meade,
Maryland.
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR
CONSTRUCTION PROJECTS OUTSIDE THE UNITED STATES.
(a) One-Year Extension of Authority.--Subsection (a) of
section 2808 of the Military Construction Authorization Act for
Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat.
1723), as amended by section 2810 of the Military Construction
Authorization Act for Fiscal Year 2005 (division B of Public
Law 108-375; 118 Stat. 2128), section 2809 of the Military
Construction Authorization Act for Fiscal Year 2006 (division B
of Public Law 109-163; 119 Stat. 3508), and section 2802 of the
Military Construction Authorization Act for Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2466), is further
amended by striking ``2007'' and inserting ``2008''.
(b) Prenotification Requirement.--Subsection (b) of such
section is amended by striking the first sentence and inserting
the following new sentences: ``Before using appropriated funds
available for operation and maintenance to carry out a
construction project outside the United States that has an
estimated cost in excess of the amounts authorized for
unspecified minor military construction projects under section
2805(c) of title 10, United States Code, the Secretary of
Defense shall submit to the congressional committees specified
in subsection (f) a notice regarding the construction project.
The project may be carried out only after the end of the 10-day
period beginning on the date the notice is received by the
committees or, if earlier, the end of the 7-day period
beginning on the date on which a copy of the notification is
provided in an electronic medium pursuant to section 480 of
title 10, United States Code.''.
(c) Annual Limitation on Use of Authority.--Subsection (c)
of such section is amended to read as follows:
``(c) Annual Limitation on Use of Authority.--The total
cost of the construction projects carried out under the
authority of this section using, in whole or in part,
appropriated funds available for operation and maintenance
shall not exceed $200,000,000 in a fiscal year.''.
(d) Conforming Amendment.--Subsection (g) of such section
is amended by striking ``notice of the'' and inserting
``advance notice of the proposed''.
(e) Ratification of Proposed Construction and Land
Acquisition Projects Using Fiscal Year 2007 Operation and
Maintenance Funds.--The nine construction projects outside the
United States proposed to be carried out using funds
appropriated to the Department of Defense for operation and
maintenance for fiscal year 2007, but for which the obligation
or expenditure of funds was prohibited by subsection (g) of
section 2808 of the Military Construction Authorization Act for
Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat.
1723), as added by section 2809 of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public
Law 109-163; 119 Stat. 3508), may be carried out using such
funds after the date of the enactment of this Act
notwithstanding such subsection (g).
SEC. 2802. CLARIFICATION OF REQUIREMENT FOR AUTHORIZATION OF MILITARY
CONSTRUCTION.
(a) Clarification of Requirement for Authorization.--
Section 2802(a) of title 10, United States Code, is amended by
inserting after ``military construction projects'' the
following: ``, land acquisitions, and defense access road
projects (as described under section 210 of title 23)''.
(b) Clarification of Definition.--Section 2801(a) of such
title is amended by inserting after ``permanent requirements''
the following: ``, or any acquisition of land or construction
of a defense access road (as described in section 210 of title
23)''.
SEC. 2803. INCREASE IN THRESHOLDS FOR UNSPECIFIED MINOR MILITARY
CONSTRUCTION PROJECTS.
Section 2805(a)(1) of title 10, United States Code, is
amended by striking ``$1,500,000'' and inserting
``$2,000,000''.
SEC. 2804. TEMPORARY AUTHORITY TO SUPPORT REVITALIZATION OF DEPARTMENT
OF DEFENSE LABORATORIES THROUGH UNSPECIFIED MINOR
MILITARY CONSTRUCTION PROJECTS.
(a) Laboratory Revitalization.--Section 2805 of title 10,
United States Code, is amended--
(1) by redesignating subsection (d) as subsection
(e); and
(2) by inserting after subsection (c) the following
new subsection (d):
``(d) Laboratory Revitalization.--(1) For the
revitalization and recapitalization of laboratories owned by
the United States and under the jurisdiction of the Secretary
concerned, the Secretary concerned may obligate and expend--
``(A) from appropriations available to the
Secretary concerned for operation and maintenance,
amounts necessary to carry out an unspecified minor
military construction project costing not more than
$2,000,000; or
``(B) from appropriations available to the
Secretary concerned for military construction not
otherwise authorized by law, amounts necessary to carry
out an unspecified minor military construction project
costing not more than $4,000,000.
``(2) For an unspecified minor military construction
project conducted pursuant to this subsection, $2,000,000 shall
be deemed to be the amount specified in subsection (b)(1)
regarding when advance approval of the project by the Secretary
concerned and congressional notification is required. The
Secretary of Defense shall establish procedures for the review
and approval of requests from the Secretary of a military
department to carry out a construction project under this
subsection.
``(3) For purposes of this subsection, the total amount
allowed to be applied in any one fiscal year to projects at any
one laboratory shall be limited to the larger of the amounts
applicable under paragraph (1).
``(4) Not later than February 1, 2010, the Secretary of
Defense shall submit to the congressional defense committees a
report on the use of the authority provided by this subsection.
The report shall include a list and description of the
construction projects carried out under this subsection,
including the location and cost of each project.
``(5) In this subsection, the term `laboratory' includes--
``(A) a research, engineering, and development
center; and
``(B) a test and evaluation activity.
``(6) The authority to carry out a project under this
subsection expires on September 30, 2012.''.
(b) Stylistic Amendments.--Such section is further
amended--
(1) in subsection (a), by inserting ``Authority To
Carry Out Unspecified Minor Military Construction
Projects.--'' after ``(a)'';
(2) in subsection (b), by inserting ``Approval and
Congressional Notification.--'' after ``(b)'';
(3) in subsection (c), by inserting ``Use of
Operation and Maintenance Funds.--'' after ``(c)''; and
(4) in subsection (e), as redesignated by
subsection (a)(1), by inserting ``Prohibition on Use
for New Housing Units.--'' after ``(e)''.
SEC. 2805. EXTENSION OF AUTHORITY TO ACCEPT EQUALIZATION PAYMENTS FOR
FACILITY EXCHANGES.
Section 2809(c)(5) of the Military Construction
Authorization Act for Fiscal Year 2005 (division B of Public
Law 108-375; 118 Stat. 2127) is amended by striking ``September
30, 2007'' and inserting ``September 30, 2010''.
SEC. 2806. MODIFICATIONS OF AUTHORITY TO LEASE MILITARY FAMILY HOUSING.
(a) Increased Maximum Lease Amount Applicable to Certain
Domestic Army Family Housing Leases.--Subsection (b) of section
2828 of title 10, United States Code, is amended--
(1) in paragraph (2), by striking ``paragraphs (3)
and (4)'' and inserting ``paragraphs (3), (4), and
(7)'';
(2) in paragraph (5), by striking ``paragraphs (2)
and (3)'' and inserting ``paragraphs (2), (3), and
(7)''; and
(3) by adding at the end the following new
paragraph:
``(7)(A) Not more than 600 housing units may be leased by
the Secretary of the Army under subsection (a) for which the
expenditure for the rental of such units (including the cost of
utilities, maintenance, and operation) exceeds the maximum
amount per unit per year in effect under paragraph (2) but does
not exceed $18,620 per unit per year, as adjusted from time to
time under paragraph (5).
``(B) The maximum lease amount provided in subparagraph (A)
shall apply only to Army family housing in areas designated by
the Secretary of the Army.
``(C) The term of a lease under subparagraph (A) may not
exceed 2 years.''.
(b) Foreign Military Family Housing Leases.--Subsection
(e)(2) of such section is amended by striking ``the Secretary
of the Navy may lease not more than 2,800 units of family
housing in Italy, and the Secretary of the Army may lease not
more than 500 units of family housing in Italy'' and inserting
``the Secretaries of the military departments may lease not
more than 3,300 units of family housing in Italy''.
(c) Increased Threshold for Congressional Notification for
Foreign Military Family Housing Leases.--Subsection (f) of such
section is amended by striking ``$500,000'' and inserting
``$1,000,000''.
(d) Report Required.--Not later than March 1, 2008, the
Secretary of Defense shall submit to the congressional defense
committees a report on the rental of family housing in foreign
countries (including the costs of utilities, maintenance, and
operations) that exceed $60,000 per unit per year. The report
shall include a list and description of rental units (including
total gross square feet and number of bedrooms), location,
rental cost, the requirement for the rental, and the options
that the Secretary has available to decrease the costs
associated with the rentals.
SEC. 2807. EXPANSION OF AUTHORITY TO EXCHANGE RESERVE COMPONENT
FACILITIES.
Section 18240(a) of title 10, United States Code, is
amended by striking ``with a State'' in the first sentence and
inserting ``with an Executive agency (as defined in section 105
of title 5), the United States Postal Service, or a State''.
SEC. 2808. LIMITATION ON USE OF ALTERNATIVE AUTHORITY FOR ACQUISITION
AND IMPROVEMENT OF MILITARY HOUSING FOR
PRIVATIZATION OF TEMPORARY LODGING FACILITIES.
(a) Limitation on Privatization of Temporary Lodging
Facilities.--Notwithstanding any other provision of subchapter
IV of chapter 169 of title 10, United States Code, the
privatization of temporary lodging facilities under such
subchapter is limited to the military installations authorized
in subsection (b) until 120 days after the date on which the
report described in subsection (d)(1) is submitted.
(b) Authorized Installations.--The military installations
at which the privatization of temporary lodging facilities may
proceed under subsection (a) are the following:
(1) Redstone Arsenal, Alabama.
(2) Fort Rucker, Alabama.
(3) Yuma Proving Ground, Arizona.
(4) Fort McNair, District of Columbia.
(5) Fort Shafter, Hawaii.
(6) Tripler Army Medical Center, Hawaii.
(7) Fort Leavenworth, Kansas.
(8) Fort Riley, Kansas.
(9) Fort Polk, Louisiana.
(10) Fort Sill, Oklahoma.
(11) Fort Hood, Texas.
(12) Fort Sam Houston, Texas.
(13) Fort Myer, Virginia.
(c) Effect of Limitation.--The limitation imposed by
subsection (a) prohibits the issuance of contract solicitations
for the privatization of temporary lodging facilities at any
military installation not specified in subsection (b).
(d) Reporting Requirements.--
(1) Report by secretary of the army.--Not earlier
than eight months after the date on which the notice of
transfer associated with the military installations
specified in subsection (b) is issued, the Secretary of
the Army shall submit to the congressional defense
committees and the Comptroller General a report that--
(A) describes the implementation of the
privatization of temporary lodging facilities
at the installations specified in subsection
(b);
(B) evaluates the efficiency of the
program; and
(C) contains such recommendations as the
Secretary considers appropriate regarding
expansion of the program.
(2) Report by comptroller general.--Not later than
90 days after receiving the report under paragraph (1),
the Comptroller General shall submit to the
congressional defense committees a review of both the
privatization of temporary lodging facilities and the
report of the Secretary.
SEC. 2809. TWO-YEAR EXTENSION OF TEMPORARY PROGRAM TO USE MINOR
MILITARY CONSTRUCTION AUTHORITY FOR CONSTRUCTION OF
CHILD DEVELOPMENT CENTERS.
(a) Extension.--Subsection (e) of section 2810 of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3510) is amended
by striking ``September 30, 2007'' and inserting ``September
30, 2009''.
(b) Report Required.--Subsection (d) of such section is
amended by striking ``March 1, 2007'' and inserting ``March 1,
2009''.
SEC. 2810. REPORT ON HOUSING PRIVATIZATION INITIATIVES.
(a) Report Required.--Not later than March 31, 2008, the
Comptroller General shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report containing--
(1) a list of all housing privatization
transactions carried out by the Department of Defense
that, as of such date, are behind schedule or in
default; and
(2) recommendations regarding the opportunities for
the Federal Government to ensure that all terms of each
housing privatization transaction are completed
according to the original schedule and budget.
(b) Specific Information Regarding Each Transaction.--For
each housing privatization transaction included in the report
required by subsection (a), the report shall provide a
description of the following:
(1) The reasons for schedule delays, cost overruns,
or default.
(2) How solicitations and competitions were
conducted for the project.
(3) How financing, partnerships, legal
arrangements, leases, or contracts in relation to the
project were structured.
(4) Which entities, including Federal entities, are
bearing financial risk for the project, and to what
extent.
(5) The remedies available to the Federal
Government to restore the transaction to schedule or
ensure completion of the terms of the transaction in
question at the earliest possible time.
(6) The extent to which the Federal Government has
the ability to affect the performance of various
parties involved in the project.
(7) The remedies available to subcontractors to
recoup liens in the case of default, non-payment by the
developer or other party to the transaction or lease
agreement, or re-structuring.
(8) The remedies available to the Federal
Government to affect receivership actions or transfer
of ownership of the project.
(9) The names of the developers for the project and
any history of previous defaults or bankruptcies by
these developers or their affiliates.
(c) Housing Privatization Transaction Defined.--In this
section, the term ``housing privatization transaction'' means
any contract or other transaction for the construction or
acquisition of military family housing or military
unaccompanied housing entered into under the authority of
subchapter IV of chapter 169 of title 10, United States Code.
Subtitle B--Real Property and Facilities Administration
SEC. 2821. REQUIREMENT TO REPORT REAL PROPERTY TRANSACTIONS RESULTING
IN ANNUAL COSTS OF MORE THAN $750,000.
(a) Inclusion of Transactions Involving Defense Agencies.--
(1) Requirement to report.--Subsection (a) of
section 2662 of title 10, United States Code, is
amended--
(A) in paragraph (1), by striking ``, or
his designee,'' and inserting ``or, with
respect to a Defense Agency, the Secretary of
Defense''; and
(B) in paragraph (3), by inserting after
``military department'' the following: ``or the
Secretary of Defense''.
(2) Annual report regarding minor transactions.--
Subsection (b) of such section is amended by inserting
after ``military department'' the following: ``and,
with respect to Defense Agencies, the Secretary of
Defense''.
(3) Exceptions.--Subsection (g) of such section is
amended by adding at the end the following new
paragraph:
``(4) In this subsection, the term `Secretary concerned'
includes, with respect to Defense Agencies, the Secretary of
Defense.''.
(b) Inclusion of Additional Transaction.--Subsection (a)(1)
of such section is amended by adding at the end the following
new subparagraph:
``(G) Any transaction or contract action that
results in, or includes, the acquisition or use by, or
the lease or license to, the United States of real
property, if the estimated annual rental or cost for
the use of the real property is more than $750,000.''.
SEC. 2822. CONTINUED CONSOLIDATION OF REAL PROPERTY PROVISIONS WITHOUT
SUBSTANTIVE CHANGE.
(a) Consolidation.--Section 2663 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(h) Land Acquisition Options in Advance of Military
Construction Projects.--(1) The Secretary of a military
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 military department under the
jurisdiction of the Secretary.
``(2) As consideration for an option acquired under
paragraph (1), the Secretary may pay, from funds available to
the military department under the jurisdiction of the Secretary
for real property activities, an amount that is not more than
12 percent of the appraised fair market value of the
property.''.
(b) Repeal of Superseded Provision.--
(1) Repeal.--Section 2677 of such title is
repealed.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 159 of such title is amended
by striking the item relating to section 2677.
SEC. 2823. MODIFICATION OF AUTHORITY TO LEASE NON-EXCESS PROPERTY OF
THE MILITARY DEPARTMENTS.
(a) Elimination of Authority To Accept Facilities Operation
Support as In-Kind Consideration.--Subsection (c)(1) of section
2667 of title 10, United States Code, is amended--
(1) by redesignating subparagraph (E) as
subparagraph (F); and
(2) by striking subparagraph (D) and inserting the
following new subparagraphs:
``(D) Provision or payment of utility services for
the Secretary concerned.
``(E) Provision of real property maintenance
services for the Secretary concerned.''.
(b) Elimination of Authority To Use Rental and Certain
Other Proceeds for Facilities Operation Support.--Subsection
(e)(1)(C) of such section is amended--
(1) by adjusting the margins of clauses (ii) and
(iii) to conform to the margin of clause (i); and
(2) by striking clause (iv) and inserting the
following new clauses:
``(iv) Payment of utility services.
``(v) Real property maintenance services.''.
(c) Use of Competitive Procedures for Selection of Certain
Lessees.--Subsection (h) of such section is amended--
(1) in paragraph (1), by striking ``exceeds one
year, and the fair market value of the lease'' and
inserting ``exceeds one year, or the fair market value
of the lease'';
(2) by redesignating paragraph (3) as paragraph
(4); and
(3) by striking paragraph (2) and inserting the
following new paragraphs:
``(2) Paragraph (1) does not apply if the Secretary
concerned determines that--
``(A) a public interest will be served as a result
of the lease; and
``(B) the use of competitive procedures for the
selection of certain lessees is unobtainable or not
compatible with the public benefit served under
subparagraph (A).
``(3) Not later than 45 days before entering into a lease
described in paragraph (1), the Secretary concerned shall
submit to Congress written notice describing the terms of the
proposed lease and--
``(A) the competitive procedures used to select the
lessee; or
``(B) in the case of a lease involving the public
benefit exception authorized by paragraph (2), a
description of the public benefit to be served by the
lease.''.
(d) Technical Amendments Related to Prior-Year Amendment.--
Subsection (e) of such section is amended--
(1) in paragraph (1)(B)(ii), by striking
``paragraph (4), (5), or (6)'' and inserting
``paragraph (3), (4), or (5)''; and
(2) by redesignating paragraphs (4), (5), and (6)
as paragraphs (3), (4), and (5).
SEC. 2824. COOPERATIVE AGREEMENT AUTHORITY FOR MANAGEMENT OF CULTURAL
RESOURCES ON CERTAIN SITES OUTSIDE MILITARY
INSTALLATIONS.
(a) Expanded Authority.--Section 2684 of title 10, United
States Code, is amended--
(1) in subsection (a), by striking ``on military
installations'' and inserting ``located on a site
authorized by subsection (b)'';
(2) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(3) by inserting after subsection (a) the following
new subsection (b):
``(b) Authorized Cultural Resources Sites.--To be covered
by a cooperative agreement under subsection (a), cultural
resources must be located--
``(1) on a military installation; or
``(2) on a site outside of a military installation,
but only if the cooperative agreement will directly
relieve or eliminate current or anticipated
restrictions that would or might restrict, impede, or
otherwise interfere, whether directly or indirectly,
with current or anticipated military training, testing,
or operations on a military installation.''.
(b) Cultural Resource Defined.--Subsection (d) of such
section, as redesignated by subsection (a)(2), is amended by
adding at the end the following new paragraph:
``(5) An Indian sacred site, as defined in section
1(b)(iii) of Executive Order No. 13007.''.
SEC. 2825. AGREEMENTS TO LIMIT ENCROACHMENTS AND OTHER CONSTRAINTS ON
MILITARY TRAINING, TESTING, AND OPERATIONS.
(a) Management of Natural Resources of Acquired Property.--
Subsection (d) of section 2684a of title 10, United States
Code, is amended--
(1) by redesignating paragraphs (3), (4), (5), and
(6) as paragraphs (4), (5), (6), and (7), respectively;
and
(2) by inserting after paragraph (2) the following
new paragraph (3):
``(3) An agreement with an eligible entity under this
section may provide for the management of natural resources on
real property in which the Secretary concerned acquires any
right, title, or interest in accordance with this subsection
and for the payment by the United States of all or a portion of
the costs of such natural resource management if the Secretary
concerned determines that there is a demonstrated need to
preserve or restore habitat for the purpose described in
subsection (a)(2).''.
(b) Limitation on Portion of Acquisition Costs Borne by
United States.--Paragraph (4) of such subsection, as
redesignated by subsection (a)(1), is amended--
(1) by redesignating subparagraph (D) as
subparagraph (E);
(2) in subparagraph (C), by striking ``equal to the
fair market value'' and all that follows through the
period at the end and inserting ``equal to, at the
discretion of the Secretary concerned--
``(i) the fair market value of any property or
interest in property to be transferred to the United
States upon the request of the Secretary concerned
under paragraph (5); or
``(ii) the cumulative fair market value of all
properties or interests to be transferred to the United
States under paragraph (5) pursuant to an agreement
under subsection (a).''; and
(3) by inserting after subparagraph (C) the
following new subparagraph:
``(D) The portion of acquisition costs borne by the United
States under subparagraph (A) may exceed the amount determined
under subparagraph (C), but only if--
``(i) the Secretary concerned provides written
notice to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives containing--
``(I) a certification by the Secretary that
the military value to the United States of the
property or interest to be acquired justifies a
payment in excess of the fair market value of
the property or interest; and
``(II) a description of the military value
to be obtained; and
``(ii) the contribution toward the acquisition
costs of the property or interest is not made until at
least 14 days after the date on which the notice is
submitted under clause (i) or, if earlier, at least 10
days after the date on which a copy of the notice is
provided in an electronic medium pursuant to section
480 of this title.''.
SEC. 2826. EXPANSION TO ALL MILITARY DEPARTMENTS OF ARMY PILOT PROGRAM
FOR PURCHASE OF CERTAIN MUNICIPAL SERVICES FOR
MILITARY INSTALLATIONS.
(a) Expansion of Pilot Program.--Section 325 of the Ronald
W. Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 10 U.S.C. 2461 note) is amended--
(1) in the section heading, by striking ``Army''
and inserting ``Military'';
(2) in subsection (a)--
(A) by striking ``Secretary of the Army''
and inserting ``Secretary of a military
department''; and
(B) by striking ``an Army installation''
and inserting ``a military installation under
the jurisdiction of the Secretary''; and
(3) in subsection (d), by striking ``The
Secretary'' and inserting ``The Secretary of a military
department''.
(b) Participating Installations.--Subsection (c) of such
section is amended by striking ``two Army installations'' and
inserting ``three military installations from each military
service''.
(c) Extension of Duration of Program.--Such section is
further amended by striking subsections (e) and (f) and
inserting the following new subsection:
``(e) Termination of Pilot Program.--The pilot program
shall terminate on September 30, 2012. Any contract entered
into under the pilot program shall terminate not later than
that date.''.
SEC. 2827. PROHIBITION ON COMMERCIAL FLIGHTS INTO SELFRIDGE AIR
NATIONAL GUARD BASE.
The Secretary of Defense shall prohibit the use of
Selfridge Air National Guard Base by commercial service
aircraft.
SEC. 2828. SENSE OF CONGRESS ON DEPARTMENT OF DEFENSE ACTIONS TO
PROTECT INSTALLATIONS, RANGES, AND MILITARY
AIRSPACE FROM ENCROACHMENT.
(a) Findings.--In light of the initial report of the
Department of Defense submitted pursuant to section 2684a(g) of
title 10, United States Code, and of the RAND Corporation
report entitled ``The Thin Green Line: An Assessment of DoD's
Readiness and Environmental Protection Initiative to Buffer
Installation Encroachment'', Congress makes the following
findings:
(1) Development and loss of habitat in the vicinity
of, or in areas ecologically related to, military
installations, ranges, and airspace pose a continuing
and significant threat to the readiness of the Armed
Forces.
(2) The Range Sustainability Program (RSP) of the
Department of Defense, and in particular the Readiness
and Environmental Protection Initiative (REPI)
involving agreements pursuant to section 2684a of title
10, United States Code, have been effective in
addressing this threat to readiness with regard to a
number of important installations, ranges, and
airspace.
(3) The opportunities to take effective action to
protect installations, ranges, and airspace from
encroachment is in many cases transient, and delay in
taking action will result in either higher costs or
permanent loss of the opportunity effectively to
address encroachment.
(b) Sense of Congress.--It is the sense of Congress that
the Department of Defense should--
(1) develop additional policy guidance on the
further implementation of the Readiness and
Environmental Protection Initiative (REPI), to include
additional emphasis on protecting biodiversity and on
further refining procedures;
(2) give greater emphasis to effective cooperation
and collaboration on matters of mutual concern with
other Federal agencies charged with managing Federal
land; and
(3) ensure that each military department takes full
advantage of the authorities provided by section 2684a
of title 10, United States Code, in addressing
encroachment adversely affecting, or threatening to
adversely affect, the installations, ranges, and
military airspace of the department.
(c) Reporting Requirement.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense
shall review Chapter 6 of the initial report submitted to
Congress under section 2684a(g) of title 10, United States
Code, and report to the congressional defense committees on the
specific steps, if any, that the Secretary plans to take, or
recommends that Congress take, to address the issues raised in
such chapter.
SEC. 2829. REPORTS ON ARMY AND MARINE CORPS OPERATIONAL RANGES.
(a) Report on Utilization and Potential Expansion of Army
Operational Ranges.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Army shall
submit to the congressional defense committees a report
containing an assessment of the Army operational ranges used to
support training and range activities of the Army. The report
shall include the following information:
(1) The size, description, and mission-essential
tasks supported by each Army operational range during
fiscal year 2003.
(2) A description of the projected changes in Army
operational range requirements, including the size,
characteristics, and attributes for mission-essential
activities at each Army operational range and the
extent to which any changes in requirements are a
result of--
(A) decisions made as part of the 2005
round of defense base closure and realignment
under the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note);
(B) the conversion of Army brigades to a
modular format;
(C) the Integrated Global Presence and
Basing Strategy;
(D) the proposal contained in the budget
justification materials submitted in support of
the Department of Defense budget for fiscal
year 2008 to increase the size of the active
component of the Army to 547,400 personnel by
the end of fiscal year 2012 and any
modification or acceleration contemplated in
the budget submission for fiscal year 2009; or
(E) high operational tempos or surge
requirements.
(3) The projected deficit or surplus of land at
each Army operational range, and a description of the
Army's plan to address that projected deficit or
surplus of land as well as the upgrade of range
attributes at each existing Army operational range.
(4) A description of the Army's prioritization
process and investment strategy to address the
potential expansion or upgrade of Army operational
ranges.
(5) An analysis of alternatives to the expansion of
Army operational ranges, including an assessment of the
joint use of operational ranges under the jurisdiction,
custody, or control of the Secretary of another
military department.
(6) An analysis of the cost of, potential military
value of, and potential legal or practical impediments
to, the 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.
(7) An analysis of the impact of the proposal
described in paragraph (2)(D) 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--
(A) the projected utilization of the three
combat training centers of the Army if all of
the six light infantry brigades proposed to be
added to the active component of the Army would
be based in the United States; and
(B) the projected utilization of such
ranges if at least one of those brigades would
be based in Germany or if one of the brigades
proposed to be relocated pursuant to the plan
in paragraph (a)(2)(C) is retained in Germany.
(8) If the analysis required by paragraph (7)
indicates that the Joint Multi-National Readiness
Center in Hohenfels, Germany, or the Army's training
complex at Grafenwoehr, 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.
(b) Report on Potential Expansion of Marine Corps
Operational Ranges.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Navy shall
submit to the congressional defense committees a report
containing an assessment of Marine Corps operational ranges
used to support training and range activities of the Marine
Corps. The report required shall include the following
information:
(1) The size, description, and mission-essential
tasks supported by each major Marine Corps operational
range during fiscal year 2003.
(2) A description of the projected changes in
Marine Corps operational range requirements, including
the size, 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 and any modification or acceleration
contemplated in the budget submission for fiscal year
2009.
(3) The projected deficit or surplus of land at
each major Marine Corps operational range, and a
description of the 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.
(4) A description of the Secretary's prioritization
process and investment strategy to address the
potential expansion or upgrade of Marine Corps
operational ranges.
(5) An analysis of alternatives to the expansion of
Marine Corps operational ranges, including an
assessment of the joint use of operational ranges under
the jurisdiction, custody, or control of the Secretary
of another military department.
(6) An analysis of the cost of, potential military
value of, and potential legal or practical impediments
to, the 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.
(c) Supplemental Report.--Not later than 90 days after the
date on which the second of the two reports required by
subsections (a) and (b) is submitted, the Secretary of Defense
shall submit to the congressional defense committees a report
containing the following information:
(1) A description of initiatives by the Secretary
of Defense to coordinate the range expansion activities
of the Army and Marine Corps in order to gain
efficiencies in investment and resource allocation.
(2) An analysis of training requirements for the
Army and the Marine Corps that could be accomplished
through joint use of existing ranges.
(3) An analysis of the responses provided by the
Secretary of the Army under subsection (a)(5) and the
Secretary of the Navy subsection (b)(5).
(4) Any other matter that the Secretary of Defense
considers to be of importance to ensure the effective
and timely expansion of ranges to meet Army and Marine
Corps training requirements.
(d) Definitions.--In this section:
(1) The term ``Army operational range'' has the
meaning given the term ``operational range'' in section
101(e)(3) of title 10, United States Code, except that
the term is limited to operational ranges under the
jurisdiction, custody, or control of the Secretary of
the Army.
(2) The term ``Marine Corps operational range'' has
the meaning given the term ``operational range'' in
section 101(e)(3) of such title, except that the term
is limited to operational ranges under the
jurisdiction, custody, or control of the Secretary of
the Navy that are used by or available for use by the
Marine Corps.
(3) The term ``range activities'' has the meaning
given that term in section 101(e)(2) of such title.
SEC. 2830. NIAGARA AIR RESERVE BASE, NEW YORK, BASING REPORT.
Not later than March 1, 2008, the Secretary of the Air
Force shall submit to the congressional defense committees a
report 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.
SEC. 2831. REPORT ON THE PINON CANYON MANEUVER SITE, COLORADO.
(a) Report on the Pinon Canyon Maneuver Site.--
(1) Report required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
the Army shall submit to the congressional defense
committees a report on the Pinon Canyon Maneuver Site
(referred to in this section as ``the Site'').
(2) Content.--The report required under paragraph
(1) shall include the following:
(A) An analysis of whether existing
training facilities at Fort Carson, Colorado,
and the Site are sufficient to support the
training needs of units stationed or planned to
be stationed at Fort Carson, including the
following:
(i) A description of any new
training requirements or significant
developments affecting training
requirements for units stationed or
planned to be stationed at Fort Carson
since the 2005 Defense Base Closure and
Realignment Commission found that the
base has ``sufficient capacity'' to
support four brigade combat teams and
associated support units at Fort
Carson.
(ii) A study of alternatives for
enhancing training facilities at Fort
Carson and the Site within their
current geographic footprint, including
whether these additional investments or
measures could support additional
training activities.
(iii) A description of the current
training calendar and training load at
the Site, including--
(I) the number of brigade-
sized and battalion-sized
military exercises held at the
Site since its establishment;
(II) an analysis of the
maximum annual training load at
the Site, without expanding the
Site; and
(III) an analysis of the
training load and projected
training calendar at the Site
when all brigades stationed or
planned to be stationed at Fort
Carson are at home station.
(B) A report of need for any proposed
addition of training land to support units
stationed or planned to be stationed at Fort
Carson, including the following:
(i) A description of additional
training activities, and their benefits
to operational readiness, which would
be conducted by units stationed at Fort
Carson if, through leases or
acquisition from consenting landowners,
the Site were expanded to include--
(I) the parcel of land
identified as ``Area A'' in the
Potential PCMS Land expansion
map;
(II) the parcel of land
identified as ``Area B'' in the
Potential PCMS Land expansion
map;
(III) the parcels of land
identified as ``Area A'' and
``Area B'' in the Potential
PCMS Land expansion map;
(IV) acreage sufficient to
allow simultaneous exercises of
a light infantry brigade and a
heavy infantry brigade at the
Site;
(V) acreage sufficient to
allow simultaneous exercises of
two heavy infantry brigades at
the Site;
(VI) acreage sufficient to
allow simultaneous exercises of
a light infantry brigade and a
battalion at the Site; and
(VII) acreage sufficient to
allow simultaneous exercises of
a heavy infantry brigade and a
battalion at the Site.
(ii) An analysis of alternatives
for acquiring or utilizing training
land at other installations in the
United States to support training
activities of units stationed at Fort
Carson.
(iii) An analysis of alternatives
for utilizing other federally owned
land to support training activities of
units stationed at Fort Carson.
(C) An analysis of alternatives for
enhancing economic development opportunities in
southeastern Colorado at the current Site or
through any proposed expansion, including the
consideration of the following alternatives:
(i) The leasing of land on the Site
or any expansion of the Site to
ranchers for grazing.
(ii) The leasing of land from
private landowners for training.
(iii) The procurement of additional
services and goods, including biofuels
and beef, from local businesses.
(iv) The creation of an economic
development fund to benefit
communities, local governments, and
businesses in southeastern Colorado.
(v) The establishment of an
outreach office to provide technical
assistance to local businesses that
wish to bid on Department of Defense
contracts.
(vi) The establishment of
partnerships with local governments and
organizations to expand regional
tourism through expanded access to
sites of historic, cultural, and
environmental interest on the Site.
(vii) An acquisition policy that
allows willing sellers to minimize the
tax impact of a sale.
(viii) Additional investments in
Army missions and personnel, such as
stationing an active duty unit at the
Site, including--
(I) an analysis of
anticipated operational
benefits; and
(II) an analysis of
economic impacts to surrounding
communities.
(3) Potential pcms land expansion map defined.--In
this subsection, the term ``Potential PCMS Land
expansion map'' means the June 2007 map entitled
``Potential PCMS Land expansion''.
(b) Comptroller General Review of Report.--Not later than
180 days after the Secretary of Defense submits the report
required under subsection (a), the Comptroller General of the
United States shall submit to Congress a review of the report
and of the justification of the Army for expansion at the Site.
(c) Public Comment.--After the report required under
subsection (b) is submitted to Congress, the Army shall solicit
public comment on the report for a period of not less than 90
days. Not later than 30 days after the public comment period
has closed, the Secretary shall submit to Congress a written
summary of comments received.
Subtitle C--Land Conveyances
SEC. 2841. MODIFICATION OF CONVEYANCE AUTHORITY, MARINE CORPS BASE,
CAMP PENDLETON, CALIFORNIA.
Section 2851(a) of the Military Construction Authorization
Act for Fiscal Year 1999 (division B of Public Law 105-261; 112
Stat. 2219) is amended by striking ``, notwithstanding any
provision of State law to the contrary,'', as added by section
2867 of Public Law 107-107 (115 Stat. 1334).
SEC. 2842. GRANT OF EASEMENT, EGLIN AIR FORCE BASE, FLORIDA.
(a) Grant Authorized.--Secretary of the Air Force may use
the authority provided by section 2668 of title 10, United
States Code, to grant to the Mid Bay Bridge Authority an
easement for a roadway right-of-way over such land at Eglin Air
Force Base, Florida, as the Secretary determines necessary to
facilitate the construction of a road connecting the northern
landfall of the Mid Bay Bridge to Florida State Highway 85.
(b) Consideration.--As consideration for the grant of the
easement under subsection (a), the Mid Bay Bridge Authority
shall pay to the Secretary an amount equal to the fair-market-
value of the easement, as determined by the Secretary.
(c) Costs of Project.--As a condition of the grant of the
easement under subsection (a), the Mid Bay Bridge Authority
shall be responsible for all costs associated with the highway
project described in such subsection, including all costs the
Secretary determines to be necessary to address any impacts
that the project may have on the defense missions at Eglin Air
Force Base.
SEC. 2843. LAND CONVEYANCE, LYNN HAVEN FUEL DEPOT, LYNN HAVEN, FLORIDA.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey to Florida State University (in this section
referred to as the ``University'') all right, title, and
interest of the United States in and to a parcel of real
property, including improvements thereon, consisting of
approximately 40 acres located at the Lynn Haven Fuel Depot in
Lynn Haven, Florida, as a public benefit conveyance for the
purpose of permitting the University to develop the property as
a new satellite campus.
(b) Consideration.--
(1) In general.--For the conveyance of the property
under subsection (a), the University shall provide the
United States with consideration in an amount that is
acceptable to the Secretary, whether in the form of
cash payment, in-kind consideration, or a combination
thereof.
(2) Reduced tuition rates.--The Secretary may
accept as in-kind consideration under paragraph (1)
reduced tuition rates or scholarships for military
personnel at the University.
(c) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require
the University to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs
incurred by the Secretary, to carry out the conveyance
under subsection (a), including survey costs, appraisal
costs, and other costs related to the conveyance. If
amounts are collected from the University in advance of
the Secretary incurring the actual costs, and the
amount collected exceeds the costs actually incurred by
the Secretary to carry out the conveyance, the
Secretary shall refund the excess amount to the
University.
(2) Treatment of amounts received.--Amounts
received under paragraph (1) as reimbursement for costs
incurred by the Secretary to carry out the conveyance
under subsection (a) shall be credited to the fund or
account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance. Amounts
so credited shall be merged with amounts in such fund
or account and shall be available for the same
purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(d) Use of Property for Other Than Intended Purposes.--If
the Secretary determines at any time that the real property
conveyed under subsection (a) is not being used in accordance
with the purposes of the conveyance specified in such
subsection, the University shall pay to the United States an
amount equal to the fair market value of the property, as of
the time of such determination. The fair market value of the
property, excluding the value of any improvements made to the
property by the University, shall be determined by the
Secretary in accordance with Federal appraisal standards and
procedures.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsections (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2844. MODIFICATION OF LEASE OF PROPERTY, NATIONAL FLIGHT ACADEMY
AT THE NATIONAL MUSEUM OF NAVAL AVIATION, NAVAL AIR
STATION, PENSACOLA, FLORIDA.
Section 2850(a) of the Military Construction Authorization
Act for Fiscal Year 2001 (division B of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-428))
is amended--
(1) by striking ``naval aviation and'' and
inserting ``naval aviation,''; and
(2) by inserting before the period at the end the
following: ``, and, as of January 1, 2008, to teach the
science, technology, engineering, and mathematics
disciplines that have an impact on and relate to
aviation''.
SEC. 2845. LAND EXCHANGE, DETROIT, MICHIGAN.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator''
means the Administrator of General Services.
(2) City.--The term ``City'' means the city of
Detroit, Michigan.
(3) City land.--The term ``City land'' means the
approximately 0.741 acres of real property, including
any improvement thereon, as depicted on the exchange
maps, that is commonly identified as 110 Mount Elliott
Street, Detroit, Michigan.
(4) Commandant.--The term ``Commandant'' means the
Commandant of the United States Coast Guard.
(5) EDC.--The term ``EDC'' means the Economic
Development Corporation of the City of Detroit.
(6) Exchange maps.--The term ``exchange maps''
means the maps entitled ``Atwater Street Land Exchange
Maps'' prepared pursuant to subsection (f).
(7) Federal land.--The term ``Federal land'' means
approximately 1.26 acres of real property, including
any improvements thereon, as depicted on the exchange
maps, that is commonly identified as 2660 Atwater
Street, Detroit, Michigan, and under the administrative
control of the United States Coast Guard.
(8) Sector detroit.--The term ``Sector Detroit''
means Coast Guard Sector Detroit of the Ninth Coast
Guard District.
(b) Conveyance Authorized.--The Commandant of the Coast
Guard, in coordination with the Administrator, may convey to
the EDC all right, title, and interest of the United States in
and to the Federal land.
(c) Consideration.--
(1) In general.--As consideration for the
conveyance under subsection (b)--
(A) the City shall convey to the United
States all right, title, and interest in and to
the City land; and
(B) the EDC shall construct a facility and
parking lot acceptable to the Commandant of the
Coast Guard.
(2) Equalization payment option.--
(A) In general.--The Commandant may, upon
the agreement of the City and the EDC, waive
the requirement to construct a facility and
parking lot under paragraph (1)(B) and accept
in lieu thereof an equalization payment from
the City equal to the difference between the
value, as determined by the Administrator at
the time of transfer, of the Federal land and
the City land.
(B) Availability of funds.--Any amounts
received pursuant to subparagraph (A) shall be
available to the Commandant, without further
appropriation and until expended, to construct,
expand, or improve facilities related to Sector
Detroit's aids to navigation or vessel
maintenance.
(d) Conditions of Exchange.--
(1) Covenants.--All conditions placed within the
deeds of title shall be construed as covenants running
with the land.
(2) Authority to accept quitclaim deed.--The
Commandant may accept a quitclaim deed for the City
land and may convey the Federal land by quitclaim deed.
(3) Environmental remediation.--Prior to the time
of the exchange, the Coast Guard and the EDC shall
remediate any and all contaminants existing on their
respective properties to levels required by applicable
State and Federal law. The Commandant and, as a
condition of the exchange, the EDC shall make available
for review and inspection any record relating to
hazardous materials on the land to be exchanged under
this section. The costs of remedial actions relating to
hazardous materials on exchanged land shall be paid by
those entities responsible for costs under applicable
law.
(e) Authority To Enter Into License or Lease.--The
Commandant may enter into a license or lease agreement with the
Detroit Riverfront Conservancy for the use of a portion of the
Federal land for the Detroit Riverfront Walk. Such license or
lease shall be at no cost to the City and upon such other terms
that are acceptable to the Commandant, and shall terminate upon
the completion of the exchange authorized by this section, or
the date specified in subsection (h), whichever occurs earlier.
(f) Map and Legal Descriptions of Land.--
(1) In general.--As soon as practicable after the
date of enactment of this Act, the Commandant shall
file with the Committee on Commerce, Science and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives the maps, entitled ``Atwater Street
Land Exchange Maps'', which depict the Federal land and
the City lands and provide a legal description of each
property to be exchanged.
(2) Force of law.--The maps and legal descriptions
filed under paragraph (1) shall have the same force and
effect as if included in this Act, except that the
Commandant may correct typographical errors in the maps
and each legal description.
(3) Public availability.--Each map and legal
description filed under paragraph (1) shall be on file
and available for public inspection in the appropriate
offices of the Coast Guard and the City.
(g) Additional Terms and Conditions.--The Commandant may
require such additional terms and conditions in connection with
the exchange under this section as the Commandant considers
appropriate to protect the interests of the United States.
(h) Expiration of Authority To Convey.--The authority to
enter into the exchange authorized by this section shall expire
three years after the date of enactment of this Act.
SEC. 2846. TRANSFER OF JURISDICTION, FORMER NIKE MISSILE SITE, GROSSE
ILE, MICHIGAN.
(a) Transfer.--Administrative jurisdiction over the
property described in subsection (b) is hereby transferred from
the Administrator of the Environmental Protection Agency to the
Secretary of the Interior.
(b) Property Described.--The property referred to in
subsection (a) is the former Nike missile site located at the
southern end of Grosse Ile, Michigan, as depicted on the map
entitled ``07-CE'' on file with the Environmental Protection
Agency and dated May 16, 1984.
(c) Administration of Property.--Subject to subsection (d),
the Secretary of the Interior shall administer the property
described in subsection (b)--
(1) acting through the United States Fish and
Wildlife Service;
(2) as part of the Detroit River International
Wildlife Refuge; and
(3) for use as a habitat for fish and wildlife and
as a recreational property for outdoor education and
environmental appreciation.
(d) Management of Remediation.--The Secretary of Defense,
acting through the Army Corps of Engineers, shall manage and
carry out environmental remediation activities with respect to
the property described in subsection (b) that, at a minimum,
achieve the standard sufficient to allow the property to be
used as provided in subsection (c)(3). Such remediation
activities, with the exception of long-term monitoring, shall
be completed to achieve that standard not later than two years
after the date of the enactment of this Act. The Secretary of
Defense may use amounts made available from the account
established by section 2703(a)(5) of title 10, United States
Code, to carry out such remediation.
(e) Savings Provision.--Nothing in this section shall be
construed to affect or limit the application of, or any
obligation to comply with, any environmental law, including the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.).
SEC. 2847. MODIFICATION TO LAND CONVEYANCE AUTHORITY, FORT BRAGG, NORTH
CAROLINA.
(a) Requirement To Convey Tract No. 404-1 Property Without
Consideration.--Section 2836 of the Military Construction
Authorization Act for Fiscal Year 1998 (division B of Public
Law 105-85; 111 Stat. 2005) is amended--
(1) in subsection (a)(3), by striking ``at fair
market value'' and inserting ``without consideration'';
(2) in subsection (b), by striking paragraph (2)
and inserting the following new paragraph:
``(2) The conveyances under paragraphs (2) and (3) of
subsection (a) shall be subject to the condition that the
County develop and use the conveyed properties for educational
purposes and the construction of public school structures.'';
and
(3) in subsection (c), by striking paragraph (2)
and inserting the following new paragraph:
``(2) If the Secretary determines at any time that the real
property conveyed under paragraph (2) or paragraph (3) of
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, at the option of the Secretary, to the
United States, and the United States shall have the right of
immediate entry thereon.''.
(b) Payment of Costs of Conveyance.--Such section is
further amended by adding at the end the following new
subsection:
``(f) Payment of Costs of Conveyance of Tract No. 404-1
Property.--
``(1) Payment required.--The Secretary shall
require the County to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs
incurred by the Secretary, to carry out the conveyance
under subsection (a)(3), including survey costs, costs
related to environmental documentation, and other
administrative costs related to the conveyance. If
amounts are collected from the County in advance of the
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.
``(2) Treatment of amounts received.--Amounts
received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the
conveyance. Amounts so credited shall be merged with
amounts in such fund or account, and shall be available
for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or
account.''.
SEC. 2848. LAND CONVEYANCE, LEWIS AND CLARK UNITED STATES ARMY RESERVE
CENTER, BISMARCK, NORTH DAKOTA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the United Tribes Technical
College all right, title, and interest of the United States in
and to a parcel of real property, including improvements
thereon, consisting of approximately 2 acres located at the
Lewis and Clark United States Army Reserve Center, 3319
University Drive, Bismarck, North Dakota, for the purpose of
supporting education at the United Tribes Technical College.
(b) Reversionary Interest.--
(1) In general.--Subject to paragraph (2), if the
Secretary determines at any time that the real property
conveyed under subsection (a) is not being used in
accordance with the purposes of the conveyance
specified in such subsection, all right, title, and
interest in and to the property shall revert, at the
option of the Secretary, to the United States, and the
United States shall have the right of immediate entry
onto the property. Any determination of the Secretary
under this subsection shall be made on the record after
an opportunity for a hearing.
(2) Expiration.--The reversionary interest under
paragraph (1) shall expire upon satisfaction of the
following conditions:
(A) The real property conveyed under
subsection (a) is used in accordance with the
purposes of the conveyance specified in such
subsection for a period of not less than 30
years following the date of the conveyance.
(B) After the end of period specified in
subparagraph (A), the United Tribes Technical
College applies to the Secretary for the
release of the reversionary interest.
(C) The Secretary certifies, in a manner
that can be filed with the appropriate land
recordation office, that the condition under
subparagraph (A) has been satisfied.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require
the United Tribes Technical College to cover costs to
be incurred by the Secretary, or to reimburse the
Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including
survey costs, costs related to environmental
documentation, and other administrative costs related
to the conveyance. If amounts are collected from the
United Tribes Technical College in advance of the
Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary
shall refund the excess amount to the United Tribes
Technical College.
(2) Treatment of amounts received.--Amounts
received as reimbursements under paragraph (1) shall be
credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the
conveyance. Amounts so credited shall be merged with
amounts in such fund or account and shall be available
for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or
account.
(d) Description of Real Property.--The exact acreage and
legal description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2849. LAND EXCHANGE, FORT HOOD, TEXAS.
(a) Exchange Authorized.--The Secretary of the Army may
convey to the City of Copperas Cove, Texas (in this section
referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property,
including any improvements thereon, consisting of approximately
200 acres at Fort Hood, Texas, for the purpose of permitting
the City to improve arterial transportation routes in the
community.
(b) Consideration.--As consideration for the conveyance
under subsection (a), the City shall convey to the Secretary
all right, title, and interest of the City in and to one or
more parcels of real property that are acceptable to the
Secretary. The fair market value of the real property acquired
by the Secretary under this subsection shall be at least equal
to the fair market value of the real property conveyed under
subsection (a), as determined by appraisals acceptable to the
Secretary.
(c) Description of Property.--The exact acreage and legal
description of the real property to be exchanged under this
section shall be determined by surveys satisfactory to the
Secretary.
(d) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require
the City to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs
incurred by the Secretary, to carry out the conveyances
under this section, including survey costs related to
the conveyances. If amounts are collected from the City
in advance of the Secretary incurring the actual costs,
and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the conveyances,
the Secretary shall refund the excess amount to the
City.
(2) Treatment of amounts received.--Amounts
received under paragraph (1) as reimbursement for costs
incurred by the Secretary to carry out the conveyances
under this section shall be credited to the fund or
account that was used to cover the costs incurred by
the Secretary in carrying out the conveyances. Amounts
so credited shall be merged with amounts in such fund
or account and shall be available for the same
purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(e) Additional Term and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyances under this section as the Secretary considers
appropriate to protect the interests of the United States.
Subtitle D--Energy Security
SEC. 2861. REPEAL OF CONGRESSIONAL NOTIFICATION REQUIREMENT REGARDING
CANCELLATION CEILING FOR DEPARTMENT OF DEFENSE
ENERGY SAVINGS PERFORMANCE CONTRACTS.
Section 2913 of title 10, United States Code, is amended by
striking subsection (e).
SEC. 2862. DEFINITION OF ALTERNATIVE FUELED VEHICLE.
Section 301(3) of the Energy Policy Act of 1992 (42 U.S.C.
13211(3)) is amended--
(1) by striking ``(3) the term'' and inserting the
following:
``(3) Alternative fueled vehicle.--
``(A) In general.--The term''; and
(2) by adding at the end the following:
``(B) Inclusions.--The term `alternative
fueled vehicle' includes--
``(i) a new qualified fuel cell
motor vehicle (as defined in section
30B(b)(3) of the Internal Revenue Code
of 1986);
``(ii) a new advanced lean burn
technology motor vehicle (as defined in
section 30B(c)(3) of that Code);
``(iii) a new qualified hybrid
motor vehicle (as defined in section
30B(d)(3) of that Code); and
``(iv) any other type of vehicle
that the Administrator demonstrates to
the Secretary would achieve a
significant reduction in petroleum
consumption.''.
SEC. 2863. USE OF ENERGY EFFICIENT LIGHTING FIXTURES AND BULBS IN
DEPARTMENT OF DEFENSE FACILITIES.
(a) Construction and Alteration of Buildings.--Each
building constructed or significantly altered by the Secretary
of Defense or the Secretary of a military department shall be
equipped, to the maximum extent feasible as determined by the
Secretary concerned, with lighting fixtures and bulbs that are
energy efficient.
(b) Maintenance of Buildings.--Each lighting fixture or
bulb that is replaced in the normal course of maintenance of
buildings under the jurisdiction of the Secretary of Defense or
the Secretary of a military department shall be replaced, to
the maximum extent feasible as determined by the Secretary
concerned, with a lighting fixture or bulb that is energy
efficient.
(c) Considerations.--In making a determination under this
section concerning the feasibility of installing a lighting
fixture or bulb that is energy efficient, the Secretary of
Defense or the Secretary of a military department shall
consider--
(1) the life cycle cost effectiveness of the
fixture or bulb;
(2) the compatibility of the fixture or bulb with
existing equipment;
(3) whether use of the fixture or bulb could result
in interference with productivity;
(4) the aesthetics relating to use of the fixture
or bulb; and
(5) such other factors as the Secretary concerned
determines appropriate.
(d) Energy Star.--A lighting fixture or bulb shall be
treated as being energy efficient for purposes of this section
if--
(1) the fixture or bulb is certified under the
Energy Star program established by section 324A of the
Energy Policy and Conservation Act (42 U.S.C. 6294a);
or
(2) the Secretary of Defense or the Secretary of a
military department has otherwise determined that the
fixture or bulb is energy efficient.
(e) Significant Alterations.--A building shall be treated
as being significantly altered for purposes of subsection (a)
if the alteration is subject to congressional authorization
under section 2802 of title 10, United States Code.
(f) Waiver Authority.--The Secretary of Defense may waive
the requirements of this section if the Secretary determines
that such a waiver is necessary to protect the national
security interests of the United States.
(g) Effective Date.--The requirements of subsections (a)
and (b) shall take effect one year after the date of the
enactment of this Act.
SEC. 2864. REPORTING REQUIREMENTS RELATING TO RENEWABLE ENERGY USE BY
DEPARTMENT OF DEFENSE TO MEET DEPARTMENT
ELECTRICITY NEEDS.
(a) Initial Report.--Not later than 120 days after the date
of the enactment of this Act, the Under Secretary of Defense
for Acquisition, Technology, and Logistics shall submit to the
congressional defense committees a report containing the
following information:
(1) The extent to which energy from renewable
energy sources is used to meet the electricity needs of
the Department of Defense, to be stated as a percentage
of total facility electricity use for the previous
fiscal year.
(2) The extent to which energy from renewable
energy sources was procured through alternative
financing methods, to be stated as a percentage of
total renewable energy procurement and as a dollar
amount for the previous fiscal year.
(3) The extent to which energy from renewable
energy sources was procured through the use of
appropriated funds, to be stated as a percentage of
total renewable energy procurement and as a dollar
amount for the previous fiscal year.
(4) A graphical illustration of energy use from
renewable energy sources by the Department as a
percentage of total facility electricity use over time,
starting no later than fiscal year 2000 and running
through fiscal year 2025, including projected future
trends in renewable energy consumption through fiscal
year 2025 in order to meet the goals for renewable
energy set forth in section 2911(e) of title 10, United
States Code, or other goals, as appropriate.
(b) Subsequent Reports.--For fiscal year 2008 and each
fiscal year thereafter, the information required by paragraphs
(1) through (4) of subsection (a) shall be included in the
Annual Energy Management Report prepared by the Under Secretary
of Defense for Acquisition, Technology, and Logistics.
(c) Renewable Energy Sources Defined.--In this section, the
term ``renewable energy sources'' has the meaning given that
term in section 203(b) of the Energy Policy Act of 2005 (42
U.S.C. 15852(b)).
Subtitle E--Other Matters
SEC. 2871. REVISED DEADLINE FOR TRANSFER OF ARLINGTON NAVAL ANNEX TO
ARLINGTON NATIONAL CEMETERY.
Subsection (h) of section 2881 of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 879), as amended by section 2863 of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1330), section
2851 of the Military Construction Authorization Act for Fiscal
Year 2003 (division B of Public Law 107-314; 116 Stat. 2726),
and section 2881 of the Military Construction Authorization Act
for Fiscal Year 2005 (division B of Public Law 108-375; 115
Stat. 2153), is further amended by striking paragraphs (1) and
(2) and inserting the following new paragraphs:
``(1) January 1, 2011;
``(2) the date on which the Navy Annex property is
no longer required (as determined by the Secretary of
Defense) for use as temporary office space; or
``(3) one year after the date on which the
Secretary of the Army notifies the Secretary of Defense
that the Navy Annex property is needed for the
expansion of Arlington National Cemetery.''.
SEC. 2872. TRANSFER OF JURISDICTION OVER AIR FORCE MEMORIAL TO
DEPARTMENT OF THE AIR FORCE.
(a) Transfer of Jurisdiction.--Notwithstanding section 2881
of the Military Construction Authorization Act for Fiscal Year
2000 (division B of Public Law 106-65; 113 Stat. 879) and
section 2863 of the Military Construction Authorization Act for
Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat.
1330; 40 U.S.C. 1003 note), the Secretary of the Army may
transfer administrative jurisdiction, custody, and control of
the parcel of Federal land described in subsection (b)(1) of
such section 2863 to the Secretary of the Air Force.
(b) Limitation on Payment of Expenses.--If the Air Force
Memorial is transferred to the Secretary of the Air Force as
authorized by subsection (a), the United States shall not pay
any costs incurred for the maintenance and repair of the Air
Force Memorial.
SEC. 2873. REPORT ON PLANS TO REPLACE THE MONUMENT AT THE TOMB OF THE
UNKNOWNS AT ARLINGTON NATIONAL CEMETERY, VIRGINIA.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Army
and the Secretary of Veterans Affairs shall jointly submit to
Congress a report setting forth the following:
(1) The current plans of the Secretaries with
respect to--
(A) replacing the monument at the Tomb of
the Unknowns at Arlington National Cemetery,
Virginia; and
(B) disposing of the current monument at
the Tomb of the Unknowns, if it were removed
and replaced.
(2) An assessment of the feasibility and
advisability of repairing the monument at the Tomb of
the Unknowns rather than replacing it.
(3) A description of the current efforts of the
Secretaries to maintain and preserve the monument at
the Tomb of the Unknowns.
(4) An explanation of why no attempt has been made
since 1989 to repair the monument at the Tomb of the
Unknowns.
(5) A comprehensive estimate of the cost of
replacement of the monument at the Tomb of the Unknowns
and the cost of repairing such monument.
(6) An assessment of the structural integrity of
the monument at the Tomb of the Unknowns.
(b) Limitation on Action.--The Secretary of the Army and
the Secretary of Veterans Affairs may not take any action to
replace the monument at the Tomb of the Unknowns at Arlington
National Cemetery, Virginia, until 180 days after the date of
the receipt by Congress of the report required by subsection
(a).
(c) Exception.--The limitation in subsection (b) shall not
prevent the Secretary of the Army or the Secretary of Veterans
Affairs from repairing the current monument at the Tomb of the
Unknowns or from acquiring any blocks of marble for uses
related to such monument, subject to the availability of
appropriations for those purposes.
SEC. 2874. INCREASED AUTHORITY FOR REPAIR, RESTORATION, AND
PRESERVATION OF LAFAYETTE ESCADRILLE MEMORIAL,
MARNES-LA-COQUETTE, FRANCE.
Section 1065 of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1233) is
amended--
(1) in subsection (a)(2), by striking
``$2,000,000'' and inserting ``$2,500,000''; and
(2) in subsection (e), by striking ``under section
301(a)(4)''.
SEC. 2875. ADDITION OF WOONSOCKET LOCAL PROTECTION PROJECT.
Section 2866 of the Military Construction Authorization Act
for Fiscal Year 2007 (division B of Public Law 109-364; 120
Stat. 2499) is amended by adding at the end the following new
subsection:
``(d) Woonsocket Local Protection Project.--
``(1) Assumption of responsibility.--The Secretary
of the Army, acting through the Chief of Engineers,
shall assume responsibility for the annual operation
and maintenance of the Woonsocket local protection
project authorized by section 10 of the Act of December
22, 1944 (commonly known as the Flood Control Act of
1944; 58 Stat. 892, chapter 665), including by
acquiring, in accordance with paragraph (2), any
interest of the city of Woonsocket, Rhode Island, in
and to land and structures required for the continued
operation and maintenance, repair, replacement,
rehabilitation, and structural integrity of the
project, as identified by the city, in coordination
with the Secretary.
``(2) Acquisition.--As a condition on the
Secretary's assumption of responsibility for the
Woonsocket local protection project under paragraph
(1), the city of Woonsocket shall convey, not later
than one year after the date of the enactment of the
National Defense Authorization Act for Fiscal Year
2008, to the Secretary of the Army, by quitclaim deed
and without consideration, all right, title, and
interest of the city in and to the Woonsocket local
protection project, including any interest of the city
in and to land and structures required for the
continued operation and maintenance, repair,
replacement, rehabilitation, and structural integrity
of the project, as identified by the city.''.
SEC. 2876. REPEAL OF MORATORIUM ON IMPROVEMENTS AT FORT BUCHANAN,
PUERTO RICO.
Section 1507 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 114 Stat. 1654A-355) is repealed.
SEC. 2877. ESTABLISHMENT OF NATIONAL MILITARY WORKING DOG TEAMS
MONUMENT ON SUITABLE MILITARY INSTALLATION.
(a) Authority To Establish Monument.--The Secretary of
Defense may permit the National War Dogs Monument, Inc., to
establish and maintain, at a suitable location at Fort Belvoir,
Virginia, or another military installation in the United
States, a national monument to honor the sacrifice and service
of United States Armed Forces working dog teams that have
participated in the military operations of the United States.
(b) Location and Design of Monument.--The actual location
and final design of the monument authorized by subsection (a)
shall be subject to the approval of the Secretary. In selecting
the military installation and site on such installation to
serve as the location for the monument, the Secretary shall
seek to maximize access to the resulting monument for both
visitors and their dogs.
(c) Maintenance.--The maintenance of the monument
authorized by subsection (a) by the National War Dogs Monument,
Inc., shall be subject to such conditions regarding access to
the monument, and such other conditions, as the Secretary
considers appropriate to protect the interests of the United
States.
(d) Limitation on Payment of Expenses.--The United States
Government shall not pay any expense for the establishment or
maintenance of the monument authorized by subsection (a).
SEC. 2878. REPORT REQUIRED PRIOR TO REMOVAL OF MISSILES FROM 564TH
MISSILE SQUADRON.
(a) Report Required.--The Secretary of Defense shall submit
to the congressional defense committees a report on the
feasibility of establishing an association between the 120th
Fighter Wing of the Montana Air National Guard and active duty
personnel stationed at Malmstrom Air Force Base, Montana. In
preparing the report, the Secretary shall include the following
evaluations:
(1) An evaluation of the requirement of the Air
Force for additional F-15 aircraft active or reserve
component force structure.
(2) An evaluation of the airspace training
opportunities in the immediate airspace around Great
Falls International Airport Air Guard Station.
(3) An evaluation of the impact of civilian
operations on military operations at Great Falls
International Airport.
(4) An evaluation of the level of civilian
encroachment on the facilities and airspace of the
120th Fighter Wing.
(5) An evaluation of the support structure
available, including active military bases nearby.
(6) An evaluation of opportunities for additional
association between the Montana National Guard and the
341st Space Wing.
(b) Limitation on Removal Pending Report.--Not more than 40
missiles may be removed from the 564th Missile Squadron until
15 days after the report required in subsection (a) has been
submitted.
SEC. 2879. REPORT ON CONDITION OF SCHOOLS UNDER JURISDICTION OF
DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.
(a) Report Required.--Not later than March 1, 2008, the
Secretary of Defense shall submit to the congressional defense
committees a report on the conditions of schools under the
jurisdiction of the Department of Defense Education Activity.
(b) Content.--The report required under subsection (a)
shall include the following:
(1) A description of each school under the control
of the Secretary, including the location, year
constructed, grades of attending children, maximum
capacity, and current capacity of the school.
(2) A description of the standards and processes
used by the Secretary to assess the adequacy of the
size of school facilities, the ability of facilities to
support school programs, and the current condition of
facilities.
(3) A description of the conditions of the facility
or facilities at each school, including the level of
compliance with the 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.
(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.
(5) A description of requirements for new schools
to be constructed over the next 10 years as a result of
changes to the population of military personnel.
(c) Use of Report as Master Plan for Repair, Upgrade, and
Construction of Schools.--The Secretary shall use the report
required under subsection (a) as a master plan for the repair,
upgrade, and construction of schools in the Department of
Defense system that support dependents of members of the Armed
Forces and civilian employees of the Department of Defense.
SEC. 2880. REPORT ON FACILITIES AND OPERATIONS OF DARNALL ARMY MEDICAL
CENTER, FORT HOOD MILITARY RESERVATION, TEXAS.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
assessing the facilities and operations of the Darnall Army
Medical Center at Fort Hood Military Reservation, Texas.
(b) Content.--The report required under subsection (a)
shall include the following:
(1) A specific determination of whether the
facilities currently housing Darnall Army Medical
Center meet Department of Defense standards for Army
medical centers.
(2) A specific determination of whether the
existing facilities adequately support the operations
of Darnall Army Medical Center, including the missions
of medical treatment, medical hold, medical holdover,
and Warriors in Transition.
(3) A specific determination of whether the
existing facilities provide adequate physical space for
the number of personnel that would be required for
Darnall Army Medical Center to function as a full-sized
Army medical center.
(4) A specific determination of whether the current
levels of medical and medical-related personnel at
Darnall Army Medical Center are adequate to support the
operations of a full-sized Army medical center.
(5) A specific determination of whether the current
levels of graduate medical education and medical
residency programs currently in place at Darnall Army
Medical Center are adequate to support the operations
of a full-sized Army medical center.
(6) A description of any and all deficiencies
identified by the Secretary.
(7) A proposed investment plan and timeline to
correct such deficiencies.
SEC. 2881. REPORT ON FEASIBILITY OF ESTABLISHING A REGIONAL DISASTER
RESPONSE CENTER AT KELLY AIR FIELD, SAN ANTONIO,
TEXAS.
(a) Findings.--Congress makes the following findings:
(1) The Federal response to Hurricane Katrina
demonstrated the need for greater coordination and
planning capability at the Federal, State, and local
levels of government.
(2) Coordination of State and local assets can be
more effectively accomplished if such assets are
organized on a regional basis similar to the manner in
which the Federal Emergency Management Agency organizes
its efforts.
(3) Despite the obvious need for experienced and
routinely exercised operational headquarters skilled in
disaster response, no such headquarters have been
established.
(4) Such a headquarters would be appropriately
located on available Federal property in Region VI of
the Federal Emergency Management Agency, which includes
Texas, Louisiana, Oklahoma, Arkansas, and New Mexico,
and is a region subject to forest fires, floods,
hurricanes, and tornadoes.
(b) Report Required.--Not later than March 31, 2008, the
Secretary of Defense, in coordination with the Secretary of
Homeland Security, shall submit to Congress a report on the
feasibility of establishing at Kelly Air Field in San Antonio,
Texas, a permanent, regionally oriented disaster response
center responsible for planning, coordinating, and directing
the Federal, State, and local response to man-made and natural
disasters that occur in Region VI of the Federal Emergency
Management Agency.
(c) Content.--The report required under subsection (b)
shall include the following:
(1) A determination of how the regional disaster
response center, if established at Kelly Air Field,
would organize and leverage capabilities of the
following currently co-located organizations,
facilities, and forces located in San Antonio, Texas:
(A) Lackland Air Force Base.
(B) Fort Sam Houston.
(C) Brooke Army Medical Center.
(D) Wilford Hall Medical Center.
(E) City of San Antonio/Bexar County
Emergency Operations Center.
(F) Audie Murphy Veterans Administration
Medical Center.
(G) 433rd Airlift Wing C-5 Heavy Lift
Aircraft.
(H) 149 Fighter Wing and Texas Air National
Guard F-16 fighter aircraft.
(I) Army Northern Command.
(J) The three level 1 trauma centers of the
National Trauma Institute.
(K) Texas Medical Rangers.
(L) San Antonio Metro Health Department.
(M) The University of Texas Health Science
Center at San Antonio.
(N) The Air Intelligence Surveillance and
Reconnaissance Agency at Lackland Air Force
Base.
(O) The United States Air Force Security
Police Training Department at Lackland Air
Force Base.
(P) The large manpower pools and blood
donor pools from the more than 6,000 trainees
at Lackland Air Force Base.
(2) A determination of the number of military and
civilian personnel who would have to be mobilized to
run the logistics, planning, and maintenance of the
regional disaster response center, if established at
Kelly Air Field, during a time of disaster recovery.
(3) A determination of the number of military and
civilian personnel who would be required to run the
logistics, planning, and maintenance of the regional
disaster response center during a time when no disaster
is occurring.
(4) A determination of the cost of improving the
current infrastructure at Kelly Air Field to meet the
needs of displaced victims of a disaster equivalent to
that of Hurricanes Katrina and Rita or a natural or
man-made disaster of similar scope, including adequate
beds, food stores, and decontamination stations to
triage radiation or other chemical or biological agent
contamination victims.
(5) An evaluation of the current capability of the
Department of Defense and the Department of Homeland
Security to respond to these mission requirements and
an assessment of any additional capabilities that are
required.
(6) An assessment of the costs and benefits of
adding such capabilities at Kelly Air Field to the
costs and benefits of other locations.
SEC. 2882. NAMING OF HOUSING FACILITY AT FORT CARSON, COLORADO, IN
HONOR OF THE HONORABLE JOEL HEFLEY, A FORMER MEMBER
OF THE UNITED STATES HOUSE OF REPRESENTATIVES.
(a) Findings.--Congress makes the following findings:
(1) Representative Joel Hefley was elected to
represent Colorado's 5th Congressional district in 1986
and served in the House of Representatives until the
end of the 109th Congress in 2007 with distinction,
class, integrity, and honor.
(2) Representative Hefley served on the Committee
on Armed Services of the House of Representatives for
18 years, including service as Chairman of the
Subcommittee on Military Installations and Facilities
from 1995 through 2000 and, from 2001 until 2007, as
Chairman of the Subcommittee on Readiness.
(3) Representative Hefley was a fair and effective
lawmaker who worked for the national interest while
never forgetting his Western roots.
(4) Representative Hefley's efforts on the
Committee on Armed Services were instrumental to the
military value of, and quality of life at,
installations in the State of Colorado, including Fort
Carson, Cheyenne Mountain, Peterson Air Force Base,
Schriever Air Force Base, Buckley Air Force Base, and
the United States Air Force Academy.
(5) Representative Hefley was a leader in efforts
to retain and expand Fort Carson as an essential part
of the national defense system during the Defense Base
Closure and Realignment process.
(6) Representative Hefley consistently advocated
for providing members of the Armed Forces and their
families with quality, safe, and affordable housing and
supportive communities.
(7) Representative Hefley spearheaded the Military
Housing Privatization Initiative to eliminate
inadequate housing on military installations, with the
first pilot program located at Fort Carson.
(8) Representative Hefley's leadership on the
Military Housing Privatization Initiative allowed for
the privatization of more than 121,000 units of
military family housing, which brought meaningful
improvements to living conditions for thousands of
members of the Armed Forces and their spouses and
children at installations throughout the United States.
(9) It is fitting and proper that an appropriate
military family housing area or structure at Fort
Carson be designated in honor of Representative Hefley.
(b) Designation.--Notwithstanding Army Regulation AR 1-33,
the Secretary of the Army shall designate one of the military
family housing areas or facilities constructed for Fort Carson,
Colorado, using the authority provided by subchapter IV of
chapter 169 of title 10, United States Code, as the ``Joel
Hefley Village''.
SEC. 2883. NAMING OF NAVY AND MARINE CORPS RESERVE CENTER AT ROCK
ISLAND, ILLINOIS, IN HONOR OF THE HONORABLE LANE
EVANS, A FORMER MEMBER OF THE UNITED STATES HOUSE
OF REPRESENTATIVES.
(a) Findings.--Congress makes the following findings:
(1) Representative Lane Evans was elected to the
House of Representatives in 1982 and served in the
House of Representatives until the end of the 109th
Congress in 2007 representing the people of Illinois'
17th Congressional district.
(2) As a member of the Committee on Armed Services
of the House of Representatives, Representative Evans
worked to bring common sense priorities to defense
spending and strengthen the military's conventional
readiness.
(3) Representative Evans was a tireless advocate
for military veterans, ensuring that veterans receive
the medical care they need and advocating for
individuals suffering from post-traumatic stress
disorder and Gulf War Syndrome.
(4) Representative Evans' efforts to improve the
transition of individuals from military service to the
care of the Department of Veterans Affairs will
continue to benefit generations of veterans long into
the future.
(5) Representative Evans was credited with bringing
new services to veterans living in his Congressional
district, including outpatient clinics in the Quad
Cities and Quincy and the Quad-Cities Vet Center.
(6) Representative Evans worked with local leaders
to promote the Rock Island Arsenal, and it earned new
jobs and missions through his support.
(7) In honor of his service in the Marine Corps and
to his district and the United States, it is fitting
and proper that the Navy and Marine Corps Reserve
Center at Rock Island Arsenal be named in honor of
Representative Evans.
(b) Designation.--The Navy and Marine Corps Reserve Center
at Rock Island Arsenal, Illinois, shall be known and designated
as the ``Lane Evans Navy and Marine Corps Reserve Center''. Any
reference in a law, map, regulation, document, paper, or other
record of the United States to the Navy and Marine Corps
Reserve Center at Rock Island Arsenal shall be deemed to be a
reference to the Lane Evans Navy and Marine Corps Reserve
Center.
SEC. 2884. NAMING OF RESEARCH LABORATORY AT AIR FORCE ROME RESEARCH
SITE, ROME, NEW YORK, IN HONOR OF THE HONORABLE
SHERWOOD L. BOEHLERT, A FORMER MEMBER OF THE UNITED
STATES HOUSE OF REPRESENTATIVES.
The new laboratory building at the Air Force Rome Research
Site, Rome, New York, shall be known and designated as the
``Sherwood Boehlert Center of Excellence for Information
Science and Technology''. Any reference in a law, map,
regulation, document, paper, or other record of the United
States to such laboratory facility shall be deemed to be a
reference to the Sherwood Boehlert Center of Excellence for
Information Science and Technology.
SEC. 2885. NAMING OF ADMINISTRATION BUILDING AT JOINT SYSTEMS
MANUFACTURING CENTER, LIMA, OHIO, IN HONOR OF THE
HONORABLE MICHAEL G. OXLEY, A FORMER MEMBER OF THE
UNITED STATES HOUSE OF REPRESENTATIVES.
The administration building under construction at the Joint
Systems Manufacturing Center in Lima, Ohio, shall be known and
designated as the ``Michael G. Oxley Administration and
Technology Center''. Any reference in a law, map, regulation,
document, paper, or other record of the United States to such
building shall be deemed to be a reference to the Michael G.
Oxley Administration and Technology Center.
SEC. 2886. NAMING OF LOGISTICS AUTOMATION TRAINING FACILITY, ARMY
QUARTERMASTER CENTER AND SCHOOL, FORT LEE,
VIRGINIA, IN HONOR OF GENERAL RICHARD H. THOMPSON.
Notwithstanding Army Regulation AR 1-33, the Logistics
Automation Training Facility of the Army Quartermaster Center
and School at Fort Lee, Virginia, shall be known and designated
as the ``General Richard H. Thompson Logistics Automation
Training Facility'' in honor of General Richard H. Thompson,
the only quartermaster to have risen from private to full
general. Any reference in a law, map, regulation, document,
paper, or other record of the United States to such facility
shall be deemed to be a reference to the General Richard H.
Thompson Logistics Automation Training Facility.
SEC. 2887. AUTHORITY TO RELOCATE JOINT SPECTRUM CENTER TO FORT MEADE,
MARYLAND.
(a) Authority To Carry Out Relocation Agreement.--The
Secretary of Defense may carry out an agreement to relocate the
Joint Spectrum Center, a geographically separated unit of the
Defense Information Systems Agency, from Annapolis, Maryland,
to Fort Meade, Maryland, or another military installation if--
(1) the Secretary determines that the relocation of
the Joint Spectrum Center is in the best interest of
national security and the physical protection of
personnel and missions of the Department of Defense;
and
(2) the agreement between the lease holder and the
Department of Defense provides equitable and
appropriate terms to facilitate the relocation.
(b) Authorization.--Any facility, road, or infrastructure
constructed or altered on a military installation as a result
of the agreement referred to in subsection (a) is deemed to be
authorized in accordance with section 2802 of title 10, United
States Code.
(c) Termination of Existing Lease.--Upon completion of the
relocation of the Joint Spectrum Center, all right, title, and
interest of the United States in and to the existing lease for
the Joint Spectrum Center shall be terminated, as contemplated
under Condition 29.B of the lease.
TITLE XXIX--WAR-RELATED AND EMERGENCY MILITARY CONSTRUCTION
AUTHORIZATIONS
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition
projects.
Sec. 2904. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2905. Authorized base closure and realignment activities funded
through Department of Defense Base Closure Account 2005 and
related authorization of appropriations.
SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(c)(1), the Secretary of the Army may acquire real property and
carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Colorado..................... Fort Carson.............. $8,100,000
Georgia...................... Fort Stewart............. $6,000,000
Kansas....................... Fort Riley............... $50,000,000
Kentucky..................... Fort Campbell............ $7,400,000
Louisiana.................... Fort Polk................ $4,900,000
New York..................... Fort Drum................ $38,000,000
Texas........................ Fort Hood................ $9,100,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(c)(2), the Secretary of the Army may acquire real property and
carry out military construction projects for the installations
or locations outside the United States, and in the amounts, set
forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Afghanistan.................. Bagram Air Base.......... $249,600,000
Ghazni................... $5,000,000
Kabul.................... $36,000,000
Iraq......................... Camp Adder............... $80,650,000
Al Asad.................. $92,600,000
Camp Anaconda............ $53,500,000
Camp Constitution........ $11,700,000
Camp Cropper............. $9,500,000
Fallujah................. $880,000
Camp Marez............... $880,000
Mosul.................... $43,000,000
Q-West................... $26,000,000
Camp Ramadi.............. $880,000
Scania................... $14,200,000
Camp Speicher............ $83,900,000
Camp Taqqadum............ $880,000
Tikrit................... $43,000,000
Camp Victory............. $65,400,000
Camp Warrior............. $880,000
Various Locations........ $207,000,000
Kuwait....................... Camp Arifjan............. $30,000,000
------------------------------------------------------------------------
(c) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2007, for military construction, land
acquisition, and military family housing functions of the
Department of the Army in the total amount of $1,257,750,000 as
follows:
(1) For military construction projects inside the
United States authorized by subsection (a),
$123,500,000.
(2) For military construction projects outside the
United States authorized by subsection (b),
$1,055,450,000.
(3) For architectural and engineering services and
construction design under section 2807 of title 10,
United States Code, $78,800,000.
(d) Report Required Before Commencing Certain Projects.--
Funds may not be obligated for the projects authorized by
subsection (b) for Camp Arifjan, Kuwait, or Camp Cropper, Iraq,
until 14 days after the date on which the Secretary of Defense
submits to the congressional defense committees a report, in
either unclassified or classified form, containing a detailed
justification for the project, including the overall intent of
the requested construction, host-nation views, longevity of the
site selected, and timelines for completion. The Secretary
shall submit the report not later than January 15, 2008.
SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(d)(1), the Secretary of the Navy may acquire real property and
carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
California...................... Camp Pendleton...... $102,034,000
Twentynine Palms.... $4,440,000
North Carolina.................. Camp Lejeune........ $43,340,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(d)(2), the Secretary of the Navy may acquire real property and
carry out military construction projects for the installations
or locations outside the United States, and in the amounts, set
forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Djibouti........................ Camp Lemonier....... $25,410,000
------------------------------------------------------------------------
(c) Family Housing.--Using amounts appropriated pursuant to
the authorization of appropriations in subsection (d)(4), the
Secretary of the Navy may construct or acquire family housing
units (including land acquisition and supporting facilities) at
the installations or locations, and in the amounts, set forth
in the following table:
Navy: Family Housing
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
California...................... Camp Pendleton...... $10,692,000
Twentynine Palms.... $1,074,000
------------------------------------------------------------------------
(d) Authorization of Appropriations.--Subject to section
2825 of title 10, United States Code, funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2007, for military construction, land
acquisition, and military family housing functions of the
Department of the Navy in the total amount of $198,781,000, as
follows:
(1) For military construction projects inside the
United States authorized by subsection (a),
$149,814,000.
(2) For military construction projects outside the
United States authorized by subsection (a),
$25,410,000.
(3) For architectural and engineering services and
construction design under section 2807 of title 10,
United States Code, $11,791,000.
(4) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $11,766,000.
SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(b)(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Afghanistan..................... Bagram Air Base..... $108,800,000
Kandahar............ $26,300,000
Iraq............................ Balad Air Base...... $58,300,000
Kyrgyzstan...................... Manas Air Base...... $30,300,000
------------------------------------------------------------------------
(b) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning after
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
$258,700,000, as follows:
(1) For military construction projects outside the
United States authorized by subsection (a),
$223,700,000.
(2) For architectural and engineering services and
construction design under section 2807 of title 10,
United States Code, $35,000,000.
SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(c)(1), the Secretary of Defense may acquire real property and
carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Texas........................ Fort Sam Houston......... $21,000,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(c)(2), the Secretary of Defense may acquire real property and
carry out military construction projects for the installations
or locations outside the United States, and in the amounts, set
forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Qatar........................... Al Udeid............ $6,600,000
------------------------------------------------------------------------
(c) 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 Defense (other than the military departments) in
the total amount of $27,600,000 as follows:
(1) For military construction projects inside the
United States authorized by subsection (a),
$21,000,000.
(2) For military construction projects outside the
United States authorized by subsection (a), $6,600,000.
SEC. 2905. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES FUNDED
THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT
2005 AND RELATED AUTHORIZATION OF APPROPRIATIONS.
(a) Authorized Base Closure and Realignment Activities
Funded Through Department of Defense Base Closure Account
2005.--Using amounts authorized appropriated pursuant to the
authorization of appropriations in subsection (b), the
Secretary of Defense may carry out base closure and realignment
activities otherwise authorized by section 2702 of this Act,
including real property acquisition and military construction
projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) and funded through the Department
of Defense Base Closure Account 2005 established by section
2906A of such Act, in the amount of $423,650,000. Such amount
is in addition to the amount specified for such base closure
and realignment activities in section 2702 of this Act.
(b) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2007, for base closure and realignment activities
authorized by subsection (a) and funded through the Department
of Defense Base Closure Account 2005 in the total amount of
$415,910,000.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Energy security and assurance.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Reliable Replacement Warhead program.
Sec. 3112. Nuclear test readiness.
Sec. 3113. Modification of reporting requirement.
Sec. 3114. Limitation on availability of funds for Fissile Materials
Disposition program.
Sec. 3115. Modification of limitations on availability of funds for
Waste Treatment and Immobilization Plant.
Sec. 3116. Modification of sunset date of the Office of the Ombudsman of
the Energy Employees Occupational Illness Compensation
Program.
Sec. 3117. Technical amendments.
Subtitle C--Other Matters
Sec. 3121. Study on using existing pits for the Reliable Replacement
Warhead program.
Sec. 3122. Report on retirement and dismantlement of nuclear warheads.
Sec. 3123. Plan for addressing security risks posed to nuclear weapons
complex.
Sec. 3124. Department of Energy protective forces.
Sec. 3125. Evaluation of National Nuclear Security Administration
strategic plan for advanced computing.
Sec. 3126. Sense of Congress on the nuclear nonproliferation policy of
the United States and the Reliable Replacement Warhead
program.
Sec. 3127. Department of Energy report on plan to strengthen and expand
International Radiological Threat Reduction program.
Sec. 3128. Department of Energy report on plan to strengthen and expand
Materials Protection, Control, and Accounting program.
Sec. 3129. Agreements and reports on nuclear forensics capabilities.
Sec. 3130. Report on status of environmental management initiatives to
accelerate the reduction of environmental risks and challenges
posed by the legacy of the Cold War.
Subtitle D--Nuclear Terrorism Prevention
Sec. 3131. Definitions.
Sec. 3132. Sense of Congress on the prevention of nuclear terrorism.
Sec. 3133. Minimum security standard for nuclear weapons and formula
quantities of strategic special nuclear material.
Sec. 3134. Annual report.
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2008 for the activities of the National Nuclear
Security Administration in carrying out programs necessary for
national security in the amount of $9,576,095,000, to be
allocated as follows:
(1) For weapons activities, $6,465,574,000.
(2) For defense nuclear nonproliferation
activities, $1,902,646,000.
(3) For naval reactors, $808,219,000.
(4) For the Office of the Administrator for Nuclear
Security, $399,656,000.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out new
plant projects for the National Nuclear Security Administration
as follows:
(1) For readiness in technical base and facilities,
the following new plant projects:
Project 08-D-801, High pressure fire loop,
Pantex Plant, Amarillo, Texas, $7,000,000.
Project 08-D-802, High explosive pressing
facility, Pantex Plant, Amarillo, Texas,
$25,300,000.
Project 08-D-804, Technical Area 55
reinvestment project, Los Alamos National
Laboratory, Los Alamos, New Mexico, $6,000,000.
(2) For facilities and infrastructure
recapitalization, the following new plant projects:
Project 08-D-601, Mercury highway, Nevada
Test Site, Nevada, $7,800,000.
Project 08-D-602, Potable water system
upgrades, Y-12 Plant, Oak Ridge, Tennessee,
$22,500,000.
(3) For safeguards and security, the following new
plant project:
Project 08-D-701, Nuclear materials
safeguards and security upgrade, Los Alamos
National Laboratory, Los Alamos, New Mexico,
$49,496,000.
(4) For naval reactors, the following new plant
projects:
Project 08-D-901, Shipping and receiving
and warehouse complex, Bettis Atomic Power
Laboratory, West Mifflin, Pennsylvania,
$9,000,000.
Project 08-D-190, Project engineering and
design, Expended Core Facility M-290 Recovering
Discharge Station, Naval Reactors Facility,
Idaho Falls, Idaho, $550,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2008 for defense environmental cleanup activities
in carrying out programs necessary for national security in the
amount of $5,367,905,000.
(b) Authorization for New Plant Project.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out, for
defense environmental cleanup activities, the following new
plant project:
Project 08-D-414, Project engineering and design,
Plutonium Vitrification Facility, various locations,
$9,000,000.
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 $763,974,000.
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 (42 U.S.C. 10222(c)) in the amount of $292,046,000.
SEC. 3105. ENERGY SECURITY AND ASSURANCE.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2008 for energy security
and assurance programs necessary for national security in the
amount of $5,860,000.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. RELIABLE REPLACEMENT WARHEAD PROGRAM.
No funds appropriated pursuant to the authorization of
appropriations in section 3101(a)(1) or otherwise made
available for weapons activities of the National Nuclear
Security Administration for fiscal year 2008 may be obligated
or expended for activities under the Reliable Replacement
Warhead program under section 4204a of the Atomic Energy
Defense Act (50 U.S.C. 2524a) beyond phase 2A activities.
SEC. 3112. NUCLEAR TEST READINESS.
(a) Repeal of Requirements on Readiness Posture.--Section
3113 of the National Defense Authorization Act for Fiscal Year
2004 (Public Law 108-136; 117 Stat. 1743; 50 U.S.C. 2528a) is
repealed.
(b) Reports on Nuclear Test Readiness Postures.--
(1) In general.--Section 4208 of the Atomic Energy
Defense Act (50 U.S.C. 2528) is amended to read as
follows:
``SEC. 4208. REPORTS ON NUCLEAR TEST READINESS.
``(a) In General.--Not later than March 1, 2009, and every
odd-numbered year thereafter, the Secretary of Energy shall
submit to the congressional defense committees a report on the
nuclear test readiness of the United States.
``(b) Elements.--Each report under subsection (a) shall
include, current as of the date of such report, the following:
``(1) An estimate of the period of time that would
be 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.
``(2) A description of the level of test readiness
that the Secretary of Energy, in consultation with the
Secretary of Defense, determines to be appropriate.
``(3) A list and description of the workforce
skills and capabilities that are essential to carrying
out an underground nuclear test at the Nevada Test
Site.
``(4) A list and description of the infrastructure
and physical plant that are essential to carrying out
an underground nuclear test at the Nevada Test Site.
``(5) An assessment of the readiness status of the
skills and capabilities described in paragraph (3) and
the infrastructure and physical plant described in
paragraph (4).
``(c) Form.--Each report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.''.
(2) Clerical amendment.--The item relating to
section 4208 in the table of contents for such Act is
amended to read as follows:
``Sec. 4208. Reports on nuclear test readiness.''.
SEC. 3113. MODIFICATION OF REPORTING REQUIREMENT.
Section 3111 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3539) is
amended--
(1) by redesignating subsections (c) and (d) as (d)
and (e), respectively;
(2) by inserting after subsection (b) the
following:
``(c) Form.--The report required by subsection (b) shall be
submitted in classified form, and shall include a detailed
unclassified summary.''; and
(3) in subsection (e), as so redesignated, by
striking ``(c)'' and inserting ``(d)''.
SEC. 3114. LIMITATION ON AVAILABILITY OF FUNDS FOR FISSILE MATERIALS
DISPOSITION PROGRAM.
(a) Limitation Pending Report on Use of Prior Fiscal Year
Funds.--No more than 75 percent of the fiscal year 2008 Fissile
Materials Disposition program funds may be obligated for the
Fissile Materials Disposition program until the Secretary of
Energy, in consultation with the Administrator for Nuclear
Security, submits to the congressional defense committees a
report setting forth a plan for obligating and expending funds
made available for that program in fiscal years before fiscal
year 2008 that remain available for obligation or expenditure
as of January 1, 2005, and for fiscal year 2008.
(b) Availability of Unutilized Funds Under Certification of
Partial Use.--Any funds identified in the plan required in
subsection (a) that are not planned to be obligated by the end
of fiscal year 2009 shall also be available for any defense
nuclear nonproliferation activities (other than the Fissile
Materials Disposition program) for which amounts are authorized
to be appropriated by section 3101(a)(2).
(c) Fiscal Year 2008 Fissile Materials Disposition Program
Funds Defined.--In this section, the term ``fiscal year 2008
Fissile Materials Disposition program funds'' means amounts
authorized to be appropriated by section 3101(a)(2) and
available for the Fissile Materials Disposition program.
SEC. 3115. MODIFICATION OF LIMITATIONS ON AVAILABILITY OF FUNDS FOR
WASTE TREATMENT AND IMMOBILIZATION PLANT.
Paragraph (2) of section 3120(a) of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2510) is amended--
(1) by striking ``the Defense Contract Management
Agency has recommended for acceptance'' and inserting
``an independent entity has reviewed''; and
(2) by inserting ``and that the system has been
certified by the Secretary for use by a construction
contractor at the Waste Treatment and Immobilization
Plant'' after ``Waste Treatment and Immobilization
Plant''.
SEC. 3116. MODIFICATION OF SUNSET DATE OF THE OFFICE OF THE OMBUDSMAN
OF THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM.
Section 3686(g) of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-
15(g)) is amended by striking ``on the date that is 3 years
after the date of the enactment of this section'' and inserting
``October 28, 2012''.
SEC. 3117. TECHNICAL AMENDMENTS.
The Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is
amended as follows:
(1) The heading of section 4204a (50 U.S.C. 2524a)
is amended to read as follows:
``SEC. 4204A. RELIABLE REPLACEMENT WARHEAD PROGRAM.''.
(2) The table of contents for that Act is amended
by inserting after the item relating to section 4204
the following new item:
``Sec. 4204A. Reliable Replacement Warhead program.''.
Subtitle C--Other Matters
SEC. 3121. STUDY ON USING EXISTING PITS FOR THE RELIABLE REPLACEMENT
WARHEAD PROGRAM.
(a) Study Required.--The Administrator for Nuclear
Security, in consultation with the Nuclear Weapons Council,
shall carry out a study analyzing the feasibility of using
existing pits in the Reliable Replacement Warhead program.
(b) Report.--
(1) In general.--Not later than six months after
the date of the enactment of this Act, the
Administrator shall submit to the congressional defense
committees a report on the results of the study. The
report shall be in unclassified form, but may include a
classified annex.
(2) Matters included.--The report shall contain the
assessment of the Administrator of the results of the
study, including--
(A) an assessment of--
(i) whether using existing pits in
the program is technically feasible;
(ii) whether using existing pits in
the program is more advantageous than
using newly manufactured pits in the
program;
(iii) the number of existing pits
suitable for such use;
(iv) whether proceeding to use
existing pits in the program before
using newly manufactured pits in the
program is desirable; and
(v) the extent to which using
existing pits, as compared to using
newly manufactured pits, in the program
would reduce future requirements for
new pit production, and how such use of
existing pits would affect the schedule
and scope for new pit production; and
(B) a comparison of the requirements for
certifying--
(i) reliable replacement warheads
using existing pits;
(ii) reliable replacement warheads
using newly manufactured pits; and
(iii) warheads maintained by the
Stockpile Life Extension Program.
(c) Funding.--Of the amounts made available pursuant to the
authorization of appropriations in section 3101(a)(1), such
funds as may be necessary shall be available to carry out this
section.
SEC. 3122. REPORT ON RETIREMENT AND DISMANTLEMENT OF NUCLEAR WARHEADS.
Not later than March 1, 2008, the Administrator for Nuclear
Security, in consultation with the Nuclear Weapons Council,
shall submit to the congressional defense committees a report
on the retirement and dismantlement of the nuclear warheads
that will not be part of the enduring stockpile as of December
31, 2012, but that have not yet been retired or dismantled. The
report shall include--
(1) the existing plan and schedule for retiring and
dismantling those warheads;
(2) an assessment of the capacity of the nuclear
weapons complex to accommodate an accelerated schedule
for retiring and dismantling those warheads, taking
into account the full range of capabilities in the
complex; and
(3) an identification of the resources needed to
accommodate such an accelerated schedule for retiring
and dismantling those warheads.
SEC. 3123. PLAN FOR ADDRESSING SECURITY RISKS POSED TO NUCLEAR WEAPONS
COMPLEX.
Section 3253(b) of the National Nuclear Security
Administration Act (50 U.S.C. 2453(b)) is amended by adding at
the end the following:
``(6) A plan, developed in consultation with the
Director of the Office of Health, Safety, and Security
of the Department of Energy, for the research and
development, deployment, and lifecycle sustainment of
the technologies employed within the nuclear weapons
complex to address physical and cyber security threats
during the applicable five-fiscal year period, together
with--
``(A) for each site in the nuclear weapons
complex, a description of the technologies
deployed to address the physical and cyber
security threats posed to that site;
``(B) for each site and for the nuclear
weapons complex, the methods used by the
National Nuclear Security Administration to
establish priorities among investments in
physical and cyber security technologies; and
``(C) a detailed description of how the
funds identified for each program element
specified pursuant to paragraph (1) in the
budget for the Administration for each fiscal
year during that five-fiscal year period will
help carry out that plan.''.
SEC. 3124. DEPARTMENT OF ENERGY PROTECTIVE FORCES.
(a) Comptroller General Report on Department of Energy
Protective Force Management.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller
General of the United States shall submit to the
Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of
Representatives a report on the management of the
protective forces of the Department of Energy.
(2) Contents.--The report shall include the
following:
(A) An identification of each Department of
Energy site with Category I nuclear materials.
(B) For each site identified under
subparagraph (A)--
(i) a description of the management
and contractual structure for
protective forces at the site;
(ii) a statement of the number and
category of protective force members at
the site;
(iii) a description of the manner
in which the site is moving to a
tactical response force as required by
the policy of the Department of Energy
and an assessment of the issues or
problems, if any, involved in moving to
such a force;
(iv) a description of the extent to
which the protective force at the site
has been assigned or is responsible for
law enforcement or law-enforcement
related activities;
(v) an assessment of the ability of
the protective force at the site to
fulfill any such law enforcement or law
enforcement-related responsibilities;
and
(vi) an assessment of whether the
protective force at the site is
adequately staffed, trained, and
equipped to comply with the
requirements of the Design Basis Threat
issued by the Department of Energy in
November 2005 and, if not, when it is
projected to be.
(C) An analysis comparing the management,
training, pay, benefits, duties,
responsibilities, and assignments of the
protective force at each site identified under
subparagraph (A) with the management, training,
pay, benefits, duties, responsibilities, and
assignments of the Federal transportation
security force of the Department of Energy.
(D) A statement of options for managing the
protective force at sites identified under
subparagraph (A) in a more uniform manner, an
analysis of the advantages and 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.
(3) Form.--The report shall be submitted in
unclassified form, but may include a classified annex.
(b) Department of Energy Analysis of Alternatives for
Managing and Deploying Protective Forces.--
(1) In general.--Not later than 90 days after the
date on which the report is submitted under subsection
(a), the Secretary of Energy, in conjunction with the
Administrator for Nuclear Security and the Assistant
Secretary for Environmental Management, shall submit to
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of
Representatives a report on the management of the
protective forces of the Department of Energy.
(2) Contents.--The report shall include the
following:
(A) Each of the matters specified in
subparagraphs (A), (B), and (C) of subsection
(a)(2).
(B) Each of the matters specified in
subparagraph (D) of subsection (a)(2), except
that--
(i) the options analyzed shall
include each of the options included in
the report submitted under subsection
(a), as well as any other options
identified by the Secretary; and
(ii) the analysis and assessment
shall also include an analysis of the
role played by incentives inherent in
the use of private contractors to
provide protective forces in the
performance of those protective forces.
(3) Form.--The report shall be submitted in
unclassified form, but may include a classified annex.
SEC. 3125. EVALUATION OF NATIONAL NUCLEAR SECURITY ADMINISTRATION
STRATEGIC PLAN FOR ADVANCED COMPUTING.
(a) In General.--The Secretary of Energy shall--
(1) enter into an agreement with an independent
entity to conduct an evaluation of the strategic plan
for advanced computing of the National Nuclear Security
Administration; and
(2) not later than one year after the date of the
enactment of this Act, submit to the congressional
defense committees a report containing the results of
the evaluation described in paragraph (1).
(b) Elements.--The evaluation described in subsection
(a)(1) shall include the following:
(1) An assessment of--
(A) the adequacy of the strategic plan in
supporting the Stockpile Stewardship Program;
(B) the role of research into, and
development of, high-performance computing
supported by the National Nuclear Security
Administration in fulfilling the mission of the
National Nuclear Security Administration and in
maintaining the leadership of the United States
in high-performance computing; and
(C) the impacts of changes in investment
levels or research and development strategies
on fulfilling the missions of the National
Nuclear Security Administration.
(2) An assessment of the efforts of the Department
of Energy to--
(A) coordinate high-performance computing
work within the Department, in particular
between the National Nuclear Security
Administration and the Office of Science;
(B) develop joint strategies with other
Federal agencies and private industry groups
for the development of high-performance
computing; and
(C) share high-performance computing
developments with private industry and
capitalize on innovations in private industry
in high-performance computing.
SEC. 3126. 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--
(1) the United States should maintain its
commitment to Article VI of the Treaty on the Non-
Proliferation of Nuclear Weapons, done at Washington,
London, and Moscow July 1, 1968, and entered into force
March 5, 1970 (in this section referred to as the
``Nuclear Non-Proliferation Treaty'');
(2) the United States should initiate talks with
Russia to reduce the number of nonstrategic nuclear
weapons and further reduce the number of strategic
nuclear weapons in the respective nuclear weapons
stockpiles of the United States and Russia in a
transparent and verifiable fashion and in a manner
consistent with the security of the United States;
(3) the United States and other declared nuclear
weapons state parties to the Nuclear Non-Proliferation
Treaty, together with weapons states that are not
parties to the Treaty, should work to reduce the total
number of nuclear weapons in the respective stockpiles
and related delivery systems of such states;
(4) the United States, Russia, and other states
should work to negotiate, and then sign and ratify, a
treaty setting forth a date for the cessation of the
production of fissile material;
(5) the United States should sustain the science-
based stockpile stewardship program, which provides the
basis for certifying the United States nuclear
deterrent and maintaining the moratorium on underground
nuclear weapons testing;
(6) the United States should commit to dismantle as
soon as possible all retired warheads or warheads that
are planned to be retired from the United States
nuclear weapons stockpile;
(7) the United States, along with the other
declared nuclear weapons state parties to the Nuclear
Non-Proliferation Treaty, should participate in
transparent discussions regarding their nuclear weapons
programs and plans, including plans for any new weapons
or warheads, and how such programs and plans relate to
their obligations as nuclear weapons state parties
under the Treaty;
(8) the United States and the declared nuclear
weapons state parties to the Nuclear Non-Proliferation
Treaty should work to decrease reliance on, and the
importance of, nuclear weapons; and
(9) the United States should formulate any decision
on whether to manufacture or deploy a reliable
replacement 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).
SEC. 3127. DEPARTMENT OF ENERGY REPORT ON PLAN TO STRENGTHEN AND EXPAND
INTERNATIONAL RADIOLOGICAL THREAT REDUCTION
PROGRAM.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Energy shall submit to Congress a
report that sets forth a specific plan for strengthening and
expanding the Department of Energy International Radiological
Threat Reduction (IRTR) program within the Global Threat
Reduction Initiative. The plan shall address concerns raised
and recommendations made by the Government Accountability
Office in its report of March 13, 2007, titled ``Focusing on
the Highest Priority Radiological Sources Could Improve DOE's
Efforts to Secure Sources in Foreign Countries'', and shall
specifically include actions to--
(1) improve the Department's coordination with the
Department of State and the Nuclear Regulatory
Commission;
(2) improve information-sharing between the
Department and the International Atomic Energy Agency;
(3) with respect to hospitals and clinics
containing radiological sources that receive security
upgrades, give high priority to those determined to be
the highest risk;
(4) accelerate efforts to remove as many
radioisotope thermoelectric generators (RTGs) in the
Russian Federation as practicable;
(5) develop a long-term sustainability plan for
security upgrades that includes, among other things,
future resources required to implement such a plan; and
(6) develop a long-term operational plan that
ensures sufficient funding for the IRTR program and
ensures sufficient funding to identify, recover, and
secure all vulnerable high-risk radiological sources
worldwide as quickly and effectively as possible.
SEC. 3128. DEPARTMENT OF ENERGY REPORT ON PLAN TO STRENGTHEN AND EXPAND
MATERIALS PROTECTION, CONTROL, AND ACCOUNTING
PROGRAM.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Energy shall submit to Congress a
specific plan for strengthening and expanding the Department of
Energy Materials Protection, Control, and Accounting (MPC&A)
program. The plan shall address concerns raised and
recommendations made by the Government Accountability Office in
its report of February 2007, titled ``Progress Made in
Improving Security at Russian Nuclear Sites, but the Long-Term
Sustainability of U.S. Funded Security Upgrades is Uncertain'',
and shall specifically include actions to--
(1) strengthen program management and the
effectiveness of the Department's efforts to improve
security at weapons-usable nuclear material and warhead
sites in the Russian Federation and other countries
by--
(A) revising the metrics used to measure
MPC&A program progress to better reflect the
level of security upgrade completion at
buildings reported as ``secure'';
(B) actively working with other countries,
in coordination with the Secretary of State, to
develop an appropriate access plan for each
country; and
(C) developing a management information
system to track the Department's progress in
providing Russia with a sustainable MPC&A
system by 2013; and
(2) develop a long-term operational plan that
ensures sufficient funding for the MPC&A program,
including for National Programs and Sustainability, and
ensures sufficient funding to secure all weapons-usable
nuclear material and warhead sites as quickly and
effectively as possible.
SEC. 3129. AGREEMENTS AND REPORTS ON NUCLEAR FORENSICS CAPABILITIES.
(a) International Agreements.--
(1) In general.--Title XLIII of the Atomic Energy
Defense Act (50 U.S.C. 2561 et seq.) is amended by
adding at the end the following:
``SEC. 4307. INTERNATIONAL AGREEMENTS ON NUCLEAR WEAPONS DATA.
``The Secretary of Energy may, with the concurrence of the
Secretary of State and in coordination with the Secretary of
Defense, the Secretary of Homeland Security, and the Director
of National Intelligence, enter into agreements with countries
or international organizations to conduct data collection and
analysis to determine accurately and in a timely manner the
source of any components of, or fissile material used or
attempted to be used in, a nuclear device or weapon.
``SEC. 4308. INTERNATIONAL AGREEMENTS ON INFORMATION ON RADIOACTIVE
MATERIALS.
``The Secretary of Energy may, with the concurrence of the
Secretary of State and in coordination with the Secretary of
Defense, the Secretary of Homeland Security, and the Director
of National Intelligence, enter into agreements with countries
or international organizations--
``(1) to acquire for the materials information
program of the Department of Energy validated
information on the physical characteristics of
radioactive material produced, used, or stored at
various locations, in order to facilitate the ability
to determine accurately and in a timely manner the
source of any components of, or fissile material used
or attempted to be used in, a nuclear device or weapon;
and
``(2) to obtain access to information described in
paragraph (1) in the event of--
``(A) a nuclear detonation; or
``(B) the interdiction or discovery of a
nuclear device or weapon or nuclear
material.''.
(2) Clerical amendment.--The table of contents at
the beginning of such Act is amended by inserting after
the item relating to section 4306A the following:
``Sec. 4307. International agreements on nuclear weapons data.
``Sec. 4308. International agreements on information on radioactive
materials.''.
(b) Report on Agreements.--Not later than one year after
the date of the enactment of this Act, the Secretary of Energy
shall, in coordination with the Secretary of State, submit to
Congress a report identifying--
(1) the countries or international organizations
with which the Secretary has sought to make agreements
pursuant to sections 4307 and 4308 of the Atomic Energy
Defense Act, as added by subsection (a);
(2) any countries or international organizations
with which such agreements have been finalized and the
measures included in such agreements; and
(3) any major obstacles to completing such
agreements with other countries and international
organizations.
(c) Report on Standards and Capabilities.--Not later than
180 days after the date of the enactment of this Act, the
President shall submit to Congress a report--
(1) setting forth standards and procedures to be
used in determining accurately and in a timely manner
any country or group that knowingly or negligently
provides to another country or group--
(A) a nuclear device or weapon;
(B) a major component of a nuclear device
or weapon; or
(C) fissile material that could be used in
a nuclear device or weapon;
(2) assessing the capability of the United States
to collect and analyze nuclear material or debris in a
manner consistent with the standards and procedures
described in paragraph (1); and
(3) including a plan and proposed funding for
rectifying any shortfalls in the nuclear forensics
capabilities of the United States by September 30,
2010.
SEC. 3130. REPORT ON STATUS OF ENVIRONMENTAL MANAGEMENT INITIATIVES TO
ACCELERATE THE REDUCTION OF ENVIRONMENTAL RISKS AND
CHALLENGES POSED BY THE LEGACY OF THE COLD WAR.
(a) In General.--Not later than September 30, 2008, the
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 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.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A discussion and assessment of the progress
made in reducing the environmental risks and challenges
described in subsection (a) in each of the following
areas:
(A) Acquisition strategy and contract
management.
(B) Regulatory agreements.
(C) Interim storage and final disposal of
high-level waste, spent nuclear fuel,
transuranic waste, and low-level waste.
(D) Closure and transfer of environmental
remediation sites.
(E) Achievements in innovation by
contractors of the Department with respect to
accelerated risk reduction and cleanup.
(F) Consolidation of special nuclear
materials and improvements in safeguards and
security.
(2) An assessment of whether legislative changes or
clarifications would improve or accelerate
environmental management activities.
(3) A listing of the major mandatory milestones and
commitments by site, by type of agreement, and by year
to the extent that they are currently defined, together
with a summary of the major mandatory milestones by
site that are projected to be missed or are in jeopardy
of being missed, with categories to explain the reason
for non-compliance.
(4) An estimate of the life cycle cost of the
current scope of the environmental management program
as of October 1, 2007, by project baseline summary and
summarized by site, including assumptions impacting
cost projections and descriptions of the work to be
done at each site.
(5) For environmental cleanup liabilities and
excess facilities projected to be transferred to the
environmental management program, a description of the
process for nomination and acceptance of new work scope
into the program, a listing of pending nominations, and
life cycle cost estimates and schedules to address
them.
(c) Review by Comptroller General.--Not later than March
30, 2009, the Comptroller General shall submit to the
congressional defense committees a report containing a review
of the report required by subsection (a).
Subtitle D--Nuclear Terrorism Prevention
SEC. 3131. DEFINITIONS.
In this subtitle:
(1) The term ``Convention on the Physical
Protection of Nuclear Material'' means the Convention
on the Physical Protection of Nuclear Material, signed
at New York and Vienna March 3, 1980.
(2) The term ``formula quantities of strategic
special nuclear material'' means uranium-235 (contained
in uranium enriched to 20 percent or more in the U-235
isotope), uranium-233, or plutonium in any combination
in a total quantity of 5,000 grams or more computed by
the formula, grams = (grams contained U-235) + 2.5
(grams U-233 + grams plutonium), as set forth in the
definitions of ``formula quantity'' and ``strategic
special nuclear material'' in section 73.2 of title 10,
Code of Federal Regulations.
(3) The term ``Nuclear Non-Proliferation Treaty''
means the Treaty on the Non-Proliferation of Nuclear
Weapons, done at Washington, London, and Moscow July 1,
1968, and entered into force March 5, 1970 (21 UST
483).
(4) The term ``nuclear weapon'' means any device
utilizing atomic energy, exclusive of the means for
transporting or propelling the device (where such means
is a separable and divisible part of the device), the
principal purpose of which is for use as, or for the
development of, a weapon, a weapon prototype, or a
weapon test device.
SEC. 3132. SENSE OF CONGRESS ON THE PREVENTION OF NUCLEAR TERRORISM.
It is the sense of Congress that--
(1) the President should make the prevention of a
nuclear terrorist attack on the United States a high
priority;
(2) the President should accelerate programs,
requesting additional funding as appropriate, to
prevent nuclear terrorism, including combating nuclear
smuggling, securing and accounting for nuclear weapons,
and eliminating, removing, or securing and accounting
for formula quantities of strategic special nuclear
material wherever such quantities may be;
(3) the United States, together with the
international community, should take a comprehensive
approach to reducing the danger of nuclear terrorism,
including by making additional efforts to identify and
eliminate terrorist groups that aim to acquire nuclear
weapons, to ensure that nuclear weapons worldwide are
secure and accounted for and that formula quantities of
strategic special nuclear material worldwide are
eliminated, removed, or secure and accounted for to a
degree sufficient to defeat the threat that terrorists
and criminals have shown they can pose, and to increase
the ability to find and stop terrorist efforts to
manufacture nuclear explosives or to transport nuclear
explosives and materials anywhere in the world;
(4) within such a comprehensive approach, a high
priority must be placed on ensuring that all nuclear
weapons worldwide are secure and accounted for and that
all formula quantities of strategic special nuclear
material worldwide are eliminated, removed, or secure
and accounted for; and
(5) the International Atomic Energy Agency should
be funded appropriately to fulfill its role in
coordinating international efforts to protect nuclear
material and to combat nuclear smuggling.
SEC. 3133. MINIMUM SECURITY STANDARD FOR NUCLEAR WEAPONS AND FORMULA
QUANTITIES OF STRATEGIC SPECIAL NUCLEAR MATERIAL.
(a) Policy.--It is the policy of the United States to work
with the international community to take all possible steps to
ensure that all nuclear weapons around the world are secure and
accounted for and that all formula quantities of strategic
special nuclear material are eliminated, removed, or secure and
accounted for to a level sufficient to defeat the threats posed
by terrorists and criminals.
(b) International Nuclear Security Standard.--It is the
sense of Congress that, in furtherance of the policy described
in subsection (a), and consistent with the requirement for
``appropriate effective'' physical protection contained in
United Nations Security Council Resolution 1540 (2004), as well
as the Nuclear Non-Proliferation Treaty and the Convention on
the Physical Protection of Nuclear Material, the President, in
consultation with relevant Federal departments and agencies,
should seek the broadest possible international agreement on a
global standard for nuclear security that--
(1) ensures that nuclear weapons and formula
quantities of strategic special nuclear material are
secure and accounted for to a sufficient level to
defeat the threats posed by terrorists and criminals;
(2) takes into account the limitations of equipment
and human performance; and
(3) includes steps to provide confidence that the
needed measures have in fact been implemented.
(c) International Efforts.--It is the sense of Congress
that, in furtherance of the policy described in subsection (a),
the President, in consultation with relevant Federal
departments and agencies, should--
(1) work with other countries and the International
Atomic Energy Agency to assist as appropriate, and if
necessary work to convince, the governments of any and
all countries in possession of nuclear weapons or
formula quantities of strategic special nuclear
material to ensure that security is upgraded to meet
the standard described in subsection (b) as rapidly as
possible and in a manner that--
(A) accounts for the nature of the
terrorist and criminal threat in each such
country; and
(B) ensures that any measures to which the
United States and any such country agree are
sustained after United States and other
international assistance ends;
(2) ensure that United States financial and
technical assistance is available, as appropriate, to
countries for which the provision of such assistance
would accelerate the implementation of, or improve the
effectiveness of, such security upgrades; and
(3) work with the governments of other countries to
ensure that effective nuclear security rules,
accompanied by effective regulation and enforcement,
are put in place to govern all nuclear weapons and
formula quantities of strategic special nuclear
material around the world.
SEC. 3134. ANNUAL REPORT.
(a) In General.--Not later than September 1 of each year
through 2012, the President, in consultation with relevant
Federal departments and agencies, shall submit to Congress a
report on the security of nuclear weapons and related equipment
and formula quantities of strategic special nuclear material
outside of the United States.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) A section on the programs for the security and
accounting of nuclear weapons and the elimination,
removal, and security and accounting of formula
quantities of strategic special nuclear material,
established under section 3132(b) of the Ronald W.
Reagan National Defense Authorization Act for Fiscal
Year 2005 (50 U.S.C. 2569(b)), which shall include the
following:
(A) A survey of the facilities and sites
worldwide that contain nuclear weapons or
related equipment, or formula quantities of
strategic special nuclear material.
(B) A list of such facilities and sites
determined to be of the highest priority for
security and accounting of nuclear weapons and
related equipment, or the elimination, removal,
or security and accounting of formula
quantities of strategic special nuclear
material, taking into account risk of theft
from such facilities and sites, and organized
by level of priority.
(C) A prioritized plan, including
measurable milestones, metrics, estimated
timetables, and estimated costs of
implementation, on the following:
(i) The security and accounting of
nuclear weapons and related equipment
and the elimination, removal, or
security and accounting of formula
quantities of strategic special nuclear
material at such facilities and sites
worldwide.
(ii) Ensuring that security
upgrades and accounting reforms
implemented at such facilities and
sites worldwide, using the financial
and technical assistance of the United
States, are effectively sustained after
such assistance ends.
(iii) The role that international
agencies and the international
community have committed to play,
together with a plan for securing
international contributions.
(D) An assessment of the progress made in
implementing the plan described in subparagraph
(C), including a description of the efforts of
foreign governments to secure and account for
nuclear weapons and related equipment and to
eliminate, remove, or secure and account for
formula quantities of strategic special nuclear
material.
(2) A section on efforts to establish and implement
the international nuclear security standard described
in section 3133(b) and related policies.
(c) Form.--The report may be submitted in classified form
but shall include a detailed unclassified summary.
TITLE XXXII--WAR-RELATED NATIONAL NUCLEAR SECURITY ADMINISTRATION
AUTHORIZATIONS
Sec. 3201. Additional war-related authorization of appropriations for
National Nuclear Security Administration.
SEC. 3201. ADDITIONAL WAR-RELATED AUTHORIZATION OF APPROPRIATIONS FOR
NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) In General.-- Funds are hereby authorized to be
appropriated for fiscal year 2008 to the Department of Energy
for the National Nuclear Security Administration for defense
nuclear nonproliferation in the amount of $50,000,000, of which
$30,000,000 is for the International Nuclear Materials
Protection and Cooperation program and $20,000,000 is for the
Global Threat Reduction Initiative.
(b) Treatment as Additional Authorization.--The amounts
authorized to be appropriated by this section are in addition
to amounts otherwise authorized to be appropriated by this Act.
TITLE XXXIII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3301. Authorization.
SEC. 3301. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
2008, $22,499,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Remedial action at Moab uranium milling site.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated
to the Secretary of Energy $17,301,000 for fiscal year 2008 for
the purpose of carrying out activities under chapter 641 of
title 10, United States Code, relating to the naval petroleum
reserves.
(b) Period of Availability.--Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall
remain available until expended.
SEC. 3402. REMEDIAL ACTION AT MOAB URANIUM MILLING SITE.
Section 3405(i) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 10
U.S.C. 7420 note) is amended by adding at the end the following
new paragraph:
``(6)(A) Not later than October 1, 2019, the Secretary of
Energy shall complete remediation at the Moab site and removal
of the tailings to the Crescent Junction site in Utah.
``(B) In the event the Secretary of Energy is unable to
complete remediation at the Moab Site by October 1, 2019, the
Secretary shall submit to Congress a plan setting forth the
projected completion date and the estimated funding to meet the
revised date. The Secretary shall submit the plan, if
required, to Congress not later than October 2, 2019.''.
TITLE XXXV--MARITIME ADMINISTRATION
Subtitle A--Maritime Administration Reauthorization
Sec. 3501. Authorization of appropriations for fiscal year 2008.
Sec. 3502. Temporary authority to transfer obsolete combatant vessels to
Navy for disposal.
Sec. 3503. Vessel disposal program.
Subtitle B--Programs
Sec. 3511. Commercial vessel chartering authority.
Sec. 3512. Maritime Administration vessel chartering authority.
Sec. 3513. Chartering to State and local governmental instrumentalities.
Sec. 3514. Disposal of obsolete Government vessels.
Sec. 3515. Vessel transfer authority.
Sec. 3516. Sea trials for Ready Reserve Force.
Sec. 3517. Review of applications for loans and guarantees.
Subtitle C--Technical Corrections
Sec. 3521. Personal injury to or death of seamen.
Sec. 3522. Amendments to Chapter 537 based on Public Law 109-163.
Sec. 3523. Additional amendments based on Public Law 109-163.
Sec. 3524. Amendments based on Public Law 109-171.
Sec. 3525. Amendments based on Public Law 109-241.
Sec. 3526. Amendments based on Public Law 109-364.
Sec. 3527. Miscellaneous amendments.
Sec. 3528. Application of sunset provision to codified provision.
Sec. 3529. Additional technical corrections.
Subtitle A--Maritime Administration Reauthorization
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2008.
Funds are hereby authorized to be appropriated for fiscal
year 2008, to be available without fiscal year limitation if so
provided in appropriations Acts, for the use of the Department
of Transportation for the Maritime Administration as follows:
(1) For expenses necessary for operations and
training activities, $124,303,000, of which--
(A) $63,958,000 shall remain available
until expended for expenses and capital
improvements at the United States Merchant
Marine Academy; and
(B) $11,500,000 which shall remain
available until expended for maintenance and
repair of school ships at the State Maritime
Academies.
(2) For expenses to maintain and preserve a United
States-flag merchant fleet to serve the national
security needs of the United States under chapter 531
of title 46, United States Code, $156,000,000.
(3) For paying reimbursement under section 3517 of
the Maritime Security Act of 2003 (46 U.S.C. 53101
note), $19,500,000.
(4) For assistance to small shipyards and maritime
communities under section 54101 of title 46, United
States Code, $25,000,000.
(5) For expenses to dispose of obsolete vessels in
the National Defense Reserve Fleet, including provision
of assistance under section 7 of Public Law 92-402,
$20,000,000.
(6) For the cost (as defined in section 502(5) of
the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5)) of loan guarantees under the program
authorized by chapter 537 of title 46, United States
Code, $30,000,000.
(7) For administrative expenses related to the
implementation of the loan guarantee program under
chapter 537 of title 46, United States Code,
administrative expenses related to implementation of
the reimbursement program under section 3517 of the
Maritime Security Act of 2003 (46 U.S.C. 53101 note),
and administrative expenses related to the
implementation of the small shipyards and maritime
communities assistance program under section 54101 of
title 46, United States Code, $6,000,000.
SEC. 3502. TEMPORARY AUTHORITY TO TRANSFER OBSOLETE COMBATANT VESSELS
TO NAVY FOR DISPOSAL.
The Secretary of Transportation shall, subject to the
availability of appropriations and consistent with section 1535
of title 31, United States Code, popularly known as the Economy
Act, transfer to the Secretary of the Navy during fiscal year
2008 for disposal by the Navy, no fewer than 3 combatant
vessels in the nonretention fleet of the Maritime
Administration that are acceptable to the Secretary of the
Navy.
SEC. 3503. VESSEL DISPOSAL PROGRAM.
(a) In General.--Within 30 days after the date of the
enactment of this Act, the Secretary of Transportation shall
convene a working group to review and make recommendations on
best practices for the storage and disposal of obsolete vessels
owned or operated by the Federal Government. The Secretary
shall invite senior representatives from the Maritime
Administration, the Coast Guard, the Environmental Protection
Agency, the National Oceanic and Atmospheric Administration,
and the United States Navy to participate in the working group.
The Secretary may request the participation of senior
representatives of any other Federal department or agency, as
appropriate, and may also request participation from concerned
State environmental agencies.
(b) Scope.--Among the vessels to be considered by the
working group are Federally owned or operated vessels that
are--
(1) to be scrapped or recycled;
(2) to be used as artificial reefs: or
(3) to be used for the Navy's SINKEX program.
(c) Purpose.--The working group shall--
(1) examine current storage and disposal policies,
procedures, and practices for obsolete vessels owned or
operated by Federal agencies;
(2) examine Federal and State laws and regulations
governing such policies, procedures, and practices and
any applicable environmental laws; and
(3) within 90 days after the date of enactment of
the Act, submit a plan to the Committee on Armed
Services and the Committee on Commerce, Science and
Transportation of the Senate and the Committee on Armed
Services of the House of Representatives to improve and
harmonize practices for storage and disposal of such
vessels, including the interim transportation of such
vessels.
(d) Contents of Plan.--The working group shall include in
the plan submitted under subsection (c)(3)--
(1) a description of existing measures for the
storage, disposal, and interim transportation of
obsolete vessels owned or operated by Federal agencies
in compliance with Federal and State environmental laws
in a manner that protects the environment;
(2) a description of Federal and State laws and
regulations governing the current policies, procedures,
and practices for the storage, disposal, and interim
transportation of such vessels;
(3) recommendations for environmental best
practices that meet or exceed, and harmonize, the
requirements of Federal environmental laws and
regulations applicable to the storage, disposal, and
interim transportation of such vessels;
(4) recommendations for environmental best
practices that meet or exceed the requirements of State
laws and regulations applicable to the storage,
disposal, and interim transportation of such vessels;
(5) procedures for the identification and
remediation of any environmental impacts caused by the
storage, disposal, and interim transportation of such
vessels; and
(6) recommendations for necessary steps, including
regulations if appropriate, to ensure that best
environmental practices apply to all such vessels.
(e) Implementation of Plan.--
(1) In general.--As soon as practicable after the
date of enactment of the Act, the head of each Federal
department or agency participating in the working
group, in consultation with the other Federal
departments and agencies participating in the working
group, shall take such action as may be necessary,
including the promulgation of regulations, under
existing authorities to ensure that the implementation
of the plan provides for compliance with all Federal
and State laws and for the protection of the
environment in the storage, interim transportation, and
disposal of obsolete vessels owned or operated by
Federal agencies.
(2) Armed services vessels.--The Secretary and the
Secretary of Defense, in consultation with the
Administrator of the Environmental Protection Agency,
shall each ensure that environmental best practices are
observed with respect to the storage, disposal, and
interim transportation of obsolete vessels owned or
operated by the Department of Defense.
(f) Rule of Construction.--Nothing in this section shall be
construed to supersede, limit, modify, or otherwise affect any
other provision of law, including environmental law.
Subtitle B--Programs
SEC. 3511. COMMERCIAL VESSEL CHARTERING AUTHORITY.
(a) In General.--Subchapter III of chapter 575 of title 46,
United States Code, is amended by adding at the end the
following:
``Sec. 57533. Vessel chartering authority
``The Secretary of Transportation may enter into contracts
or other agreements on behalf of the United States to purchase,
charter, operate, or otherwise acquire the use of any vessels
documented under chapter 121 of this title and any other
related real or personal property. The Secretary is authorized
to use this authority as the Secretary deems appropriate.''.
(b) Conforming Amendment.--The chapter analysis for chapter
575 of such title is amended by adding at the end the
following:
``57533. Vessel chartering authority''.
SEC. 3512. MARITIME ADMINISTRATION VESSEL CHARTERING AUTHORITY.
Section 50303 of title 46, United States Code, is amended
by--
(1) inserting ``vessels,'' after ``piers,''; and
(2) by striking ``control;'' in subsection (a)(1)
and inserting ``control, except that the prior consent
of the Secretary of Defense for such use shall be
required with respect to any vessel in the Ready
Reserve Force or in the National Defense Reserve Fleet
which is maintained in a retention status for the
Department of Defense;''.
SEC. 3513. CHARTERING TO STATE AND LOCAL GOVERNMENTAL
INSTRUMENTALITIES.
Section 11(b) of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744(b)), is amended--
(1) by striking ``or'' after the semicolon in
paragraph (3);
(2) by striking ``Defense.'' in paragraph (4) and
inserting ``Defense; or''; and
(3) by adding at the end thereof the following:
``(5) on a reimbursable basis, for charter to the
government of any State, locality, or Territory of the
United States, except that the prior consent of the
Secretary of Defense for such use shall be required
with respect to any vessel in the Ready Reserve Force
or in the National Defense Reserve Fleet which is
maintained in a retention status for the Department of
Defense.''.
SEC. 3514. DISPOSAL OF OBSOLETE GOVERNMENT VESSELS.
Section 6(c)(1) of the National Maritime Heritage Act of
1994 (16 U.S.C. 5405(c)(1)) is amended--
(1) by inserting ``(either by sale or purchase of
disposal services)'' after ``shall dispose''; and
(2) by striking subparagraph (A) of paragraph (1)
and inserting the following:
``(A) in accordance with a priority system
for disposing of vessels, as determined by the
Secretary, which shall include provisions
requiring the Maritime Administration to--
``(i) dispose of all deteriorated
high priority ships that are available
for disposal, within 12 months of their
designation as such; and
``(ii) give priority to the
disposition of those vessels that pose
the most significant danger to the
environment or cost the most to
maintain;''.
SEC. 3515. VESSEL TRANSFER AUTHORITY.
Section 50304 of title 46, United States Code, is amended
by adding at the end thereof the following:
``(d) Vessel Charters to Other Departments.--On a
reimbursable or nonreimbursable basis, as determined by the
Secretary of Transportation, the Secretary may charter or
otherwise make available a vessel under the jurisdiction of the
Secretary to any other department, upon the request by the
Secretary of the department that receives the vessel. The prior
consent of the Secretary of Defense for such use shall be
required with respect to any vessel in the Ready Reserve Force
or in the National Defense Reserve Fleet which is maintained in
a retention status for the Department of Defense.''.
SEC. 3516. SEA TRIALS FOR READY RESERVE FORCE.
Section 11(c)(1)(B) of the Merchant Ship Sales Act of 1946
(50 U.S.C. App. 1744(c)(1)(B)) is amended to read as follows:
``(B) activate and conduct sea trials on
each vessel at least once every 30 months;''.
SEC. 3517. REVIEW OF APPLICATIONS FOR LOANS AND GUARANTEES.
(a) Findings.--The Congress makes the following findings:
(1) The maritime loan guarantee program was
established by the Congress through the Merchant Marine
Act, 1936 to encourage domestic shipbuilding by making
available federally backed loan guarantees for new
construction to ship owners and operators.
(2) The maritime loan guarantee program has a long
and successful history of ship construction with a low
historical default rate.
(3) The current process for review of applications
for maritime loans in the Department of Transportation
has effectively discontinued the program as envisioned
by the Congress.
(4) The President has requested no funding for the
loan guarantee program despite the stated national
policy to foster the development and encourage the
maintenance of a merchant marine in section 50101 of
title 46, United States Code.
(5) United States commercial shipyards were placed
at a competitive disadvantage in the world shipbuilding
market by government subsidized foreign commercial
shipyards.
(6) The maritime loan guarantee program has the
potential to modernize shipyards and the ships of the
United States coastwise trade and restore a competitive
position in the world shipbuilding market for United
States shipyards.
(7) The maritime loan guarantee program is a useful
tool to encourage domestic shipbuilding, preserving a
vital industrial capacity critical to the security of
the United States.
(b) Requirements.--
(1) In general.--Within 180 days after the date of
enactment of this Act, the Administrator of the
Maritime Administration shall develop and implement a
comprehensive plan for the review of applications for
loan guarantees under chapter 537 of title 46, United
States Code.
(2) Deadline for action on application.--
(A) Traditional applications.--In the
comprehensive plan the Administrator will
ensure that within the 90-day period following
receipt of all pertinent documentation required
for review of a traditional loan application,
the application shall be either accepted or
rejected.
(B) Nontraditional applications.--In the
comprehensive plan the Administrator will
ensure that within the 180-day period following
receipt of all pertinent documentation required
for review of a nontraditional loan
application, the application shall be either
accepted or rejected.
(c) Submission to Congress.--The Administrator shall submit
a copy of the comprehensive plan to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Armed Services of the House of Representatives within 180 days
after the date of enactment of this Act.
(d) Definitions.--In this section:
(1) Traditional application.--The term
``traditional application'' means an application for a
loan, guarantee, or commitment to guarantee submitted
pursuant to chapter 537 of title 46, United States
Code, that involves a market, technology, and financial
structure of a type that has proven successful in
previous applications and does not present an
unreasonable risk to the United States, as determined
by the Administrator of the Maritime Administration.
(2) Nontraditional application.--The term
``nontraditional application'' means an application for
a loan, guarantee, or commitment to guarantee submitted
pursuant to chapter 537 of title 46, United States
Code, that is not a traditional application, as
determined by the Administrator of the Maritime
Administration.
Subtitle C--Technical Corrections
SEC. 3521. PERSONAL INJURY TO OR DEATH OF SEAMEN.
(a) Amendment.--Section 30104 of title 46, United States
Code, is amended--
(1) by striking ``(a) Cause of Action.--''; and
(2) by repealing subsection (b).
(b) Effective Date.--The amendment made by subsection (a)
shall be effective as if included in the enactment of Public
Law 109-304.
SEC. 3522. AMENDMENTS TO CHAPTER 537 BASED ON PUBLIC LAW 109-163.
(a) Amendments.--Title 46, United States Code, is amended
as follows:
(1) Section 53701 is amended by--
(A) redesignating paragraphs (2) through
(13) as paragraphs (3) through (14),
respectively;
(B) inserting after paragraph (1) the
following:
``(2) Administrator.--The term `Administrator'
means the Administrator of the Maritime
Administration.''; and
(C) striking paragraph (13) (as
redesignated) and inserting the following:
``(13) Secretary.--The term `Secretary' means the
Secretary of Commerce with respect to fishing vessels
and fishery facilities.''.
(2) Section 53706(c) is amended to read as follows:
``(c) Priorities for Certain Vessels.--
``(1) Vessels.--In guaranteeing or making a
commitment to guarantee an obligation under this
chapter, the Administrator shall give priority to--
``(A) a vessel that is otherwise eligible
for a guarantee and is constructed with
assistance under subtitle D of the Maritime
Security Act of 2003 (46 U.S.C. 53101 note);
and
``(B) after applying subparagraph (A), a
vessel that is otherwise eligible for a
guarantee and that the Secretary of Defense
determines--
``(i) is suitable for service as a
naval auxiliary in time of war or
national emergency; and
``(ii) meets a shortfall in sealift
capacity or capability.
``(2) Time for determination.--The Secretary of
Defense shall determine whether a vessel satisfies
paragraph (1)(B) not later than 30 days after receipt
of a request from the Administrator for such a
determination.''.
(3) Section 53707 is amended--
(A) by inserting ``or Administrator'' in
subsections (a) and (d) after ``Secretary''
each place it appears;
(B) by striking ``Secretary of
Transportation'' in subsection (b) and
inserting ``Administrator'';
(C) by striking ``of Commerce'' in
subsection (c); and
(D) in subsection (d)(2), by--
(i) inserting ``if the Secretary or
Administrator considers necessary,''
before ``the waiver''; and
(ii) striking ``the increased'' and
inserting ``any significant increase
in''.
(4) Section 53708 is amended--
(A) by striking ``Secretary of
Transportation'' in the heading of subsection
(a) and inserting ``Administrator'';
(B) by striking ``Secretary'' and
``Secretary of Transportation'' each place they
appear in subsection (a) and inserting
``Administrator'';
(C) by striking ``of Commerce'' in the
heading of subsection (b);
(D) by striking ``of Commerce'' in
subsections (b) and (c);
(E) in subsection (d), by--
(i) inserting ``or Administrator''
after ``Secretary'' the first place it
appears; and
(ii) striking ``financial
structures, or other risk factors
identified by the Secretary. Any
independent analysis conducted under
this subsection shall be performed by a
party chosen by the Secretary.'' and
inserting ``or financial structures. A
third party independent analysis
conducted under this subsection shall
be performed by a private sector expert
in assessing such risk factors who is
selected by the Secretary or
Administrator.''; and
(F) in subsection (e), by--
(i) inserting ``or Administrator''
after ``Secretary'' the first place it
appears; and
(ii) striking ``financial
structures, or other risk factors
identified by the Secretary'' and
inserting ``or financial structures''.
(5) Section 53710(b)(1) is amended by striking
``Secretary's'' and inserting ``Administrator's''.
(6) Section 53712(b) is amended by striking the
last sentence and inserting ``If the Secretary or
Administrator has waived a requirement under section
53707(d) of this title, the loan agreement shall
include requirements for additional payments,
collateral, or equity contributions to meet the waived
requirement upon the occurrence of verifiable
conditions indicating that the obligor's financial
condition enables the obligor to meet the waived
requirement.''.
(7) Subsections (c) and (d) of section 53717 are
each amended--
(A) by striking ``of Commerce'' in the
subsection heading; and
(B) by striking ``of Commerce'' each place
it appears.
(8) Section 53732(e)(2) is amended by inserting
``of Defense'' after ``Secretary'' the second place it
appears.
(9) The following provisions are amended by
striking ``Secretary'' and ``Secretary of
Transportation'' and inserting ``Administrator'':
(A) Section 53710(b)(2)(A)(i).
(B) Section 53717(b) each place it appears
in a heading and in text.
(C) Section 53718.
(D) Section 53731 each place it appears,
except where ``Secretary'' is followed by ``of
Energy''.
(E) Section 53732 (as amended by paragraph
(8)) each place it appears, except where
``Secretary'' is followed by ``of the
Treasury'', ``of State'', or ``of Defense''.
(F) Section 53733 each place it appears.
(10) The following provisions are amended by
inserting ``or Administrator'' after ``Secretary'' each
place it appears in headings and text, except where
``Secretary'' is followed by ``of Transportation'' or
``of the Treasury'':
(A) The items relating to sections 53722
and 53723 in the chapter analysis for chapter
537.
(B) Sections 53701(1), (4), and (9) (as
redesignated by paragraph (1)(A)), 53702(a),
53703, 53704, 53706(a)(3)(B)(iii), 53709(a)(1),
(b)(1) and (2)(A), and (d), 53710(a) and (c),
53711, 53712 (except in the last sentence of
subsection (b) as amended by paragraph (6)),
53713 to 53716, 53721 to 53725, and 53734.
(11) Sections 53715(d)(1), 53716(d)(3), 53721(c),
53722(a)(1) and (b)(1)(B), and 53724(b) are amended by
inserting ``or Administrator's'' after ``Secretary's''.
(b) Repeal of Superseded Amendments.--Section 3507 (except
subsection (c)(4)) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163) is repealed.
SEC. 3523. ADDITIONAL AMENDMENTS BASED ON PUBLIC LAW 109-163.
(a) Amendments.--Title 46, United States Code, is amended
as follows:
(1) Chapters 513 and 515 are amended by striking
``Naval Reserve'' each place it appears in analyses,
headings, and text and inserting ``Navy Reserve''.
(2) Section 51504(f) is amended to read as follows:
``(f) Fuel Costs.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall pay to each State
maritime academy the costs of fuel used by a vessel
provided under this section while used for training.
``(2) Maximum amounts.--The amount of the payment
to a State maritime academy under paragraph (1) may not
exceed--
``(A) $100,000 for fiscal year 2006;
``(B) $200,000 for fiscal year 2007; and
``(C) $300,000 for fiscal year 2008 and
each fiscal year thereafter.''.
(3) Section 51505(b)(2)(B) is amended by striking
``$200,000'' and inserting ``$300,000 for fiscal year
2006, $400,000 for fiscal year 2007, and $500,000 for
fiscal year 2008 and each fiscal year thereafter''.
(4) Section 51701(a) is amended by striking ``of
the United States.'' and inserting ``of the United
States and to perform functions to assist the United
States merchant marine, as determined necessary by the
Secretary.''.
(5)(A) Section 51907 is amended to read as follows:
``Sec. 51907. Provision of decorations, medals, and replacements
``The Secretary of Transportation may provide--
``(1) the decorations and medals authorized by this
chapter and replacements for those decorations and
medals; and
``(2) replacements for decorations and medals
issued under a prior law.''.
(B) The item relating to section 51907 in the
chapter analysis for chapter 519 is amended to read as
follows:
``51907. Provision of decorations, medals, and replacements''.
(6)(A) The following new chapter is inserted after
chapter 539:
``CHAPTER 541--MISCELLANEOUS
``Sec
``54101. Assistance for small shipyards and maritime communities''.
(B) Section 3506 of the National Defense
Authorization Act for Fiscal Year 2006 (46 U.S.C. 53101
note) is transferred to and redesignated as section
54101 of title 46, United States Code, to appear at the
end of chapter 541 of title 46, as inserted by
subparagraph (A).
(C) The heading of such section, as transferred by
subparagraph (B), is amended to read as follows:
``Sec. 54101. Assistance for small shipyards and maritime
communities''.
(D) Paragraph (1) of subsection (h) of such
section, as transferred by subparagraph (B), is amended
by striking ``(15 U.S.C. 632);'' and inserting ``(15
U.S.C. 632));''.
(E) The table of chapters at the beginning of
subtitle V is amended by inserting after the item
relating to chapter 539 the following new item:
``541. Miscellaneous.......................................... 54101''.
(b) Repeal of Superseded Amendments.--Sections 515(g)(2),
3502, 3509, and 3510 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163) are repealed.
SEC. 3524. AMENDMENTS BASED ON PUBLIC LAW 109-171.
(a) Amendments.--Section 60301 of title 46, United States
Code, is amended--
(1) by striking ``2 cents per ton (but not more
than a total of 10 cents per ton per year)'' in
subsection (a) and inserting ``4.5 cents per ton, not
to exceed a total of 22.5 cents per ton per year, for
fiscal years 2006 through 2010, and 2 cents per ton,
not to exceed a total of 10 cents per ton per year, for
each fiscal year thereafter,''; and
(2) by striking ``6 cents per ton (but not more
than a total of 30 cents per ton per year)'' in
subsection (b) and inserting ``13.5 cents per ton, not
to exceed a total of 67.5 cents per ton per year, for
fiscal years 2006 through 2010, and 6 cents per ton,
not to exceed a total of 30 cents per ton per year, for
each fiscal year thereafter,''.
(b) Repeal of Superseded Amendments.--Section 4001 of the
Deficit Reduction Act of 2005 (Public Law 109-171) is repealed.
SEC. 3525. AMENDMENTS BASED ON PUBLIC LAW 109-241.
(a) Amendments.--Title 46, United States Code, is amended
as follows:
(1) Section 12111 is amended by adding at the end
the following:
``(d) Activities Involving Mobile Offshore Drilling
Units.--
``(1) In general.--Only a vessel for which a
certificate of documentation with a registry
endorsement is issued may engage in--
``(A) the setting, relocation, or recovery
of the anchors or other mooring equipment of a
mobile offshore drilling unit that is located
over the outer Continental Shelf (as defined in
section 2(a) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1331(a))); or
``(B) the transportation of merchandise or
personnel to or from a point in the United
States from or to a mobile offshore drilling
unit located over the outer Continental Shelf
that is not attached to the seabed.
``(2) Coastwise trade not authorized.--Nothing in
paragraph (1) authorizes the employment in the
coastwise trade of a vessel that does not meet the
requirements of section 12112 of this title.''.
(2) Section 12139(a) is amended by striking ``and
charterers'' and inserting ``charterers, and
mortgagees''.
(3) Section 51307 is amended--
(A) by striking ``and'' at the end of
paragraph (2);
(B) by striking ``organizations.'' in
paragraph (3) and inserting ``organizations;
and''; and
(C) by adding at the end the following:
``(4) on any other vessel considered by the
Secretary to be necessary or appropriate or in the
national interest.''.
(4) Section 55105(b)(3) is amended by striking
``Secretary of the department in which the Coast Guard
is operating'' and inserting ``Secretary of Homeland
Security''.
(5) Section 70306(a) is amended by striking ``Not
later than February 28 of each year, the Secretary
shall submit a report'' and inserting ``The Secretary
shall submit an annual report''.
(6) Section 70502(d)(2) is amended to read as
follows:
``(2) Response to claim of registry.--The response
of a foreign nation to a claim of registry under
paragraph (1)(A) or (C) may be made by radio,
telephone, or similar oral or electronic means, and is
proved conclusively by certification of the Secretary
of State or the Secretary's designee.''.
(b) Repeal of Superseded Amendments.--Sections 303, 307,
308, 310, 901(q), and 902(o) of the Coast Guard and Maritime
Transportation Act of 2006 (Public Law 109-241) are repealed.
SEC. 3526. AMENDMENTS BASED ON PUBLIC LAW 109-364.
(a) Updating of Cross References.--Section 1017(b)(2) of
the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364, 10 U.S.C. 2631 note) is amended
by striking ``section 27 of the Merchant Marine Act, 1920 (46
U.S.C. 883), section 12106 of title 46, United States Code, and
section 2 of the Shipping Act, 1916 (46 U.S.C. App. 802)'' and
inserting ``sections 12112, 50501, and 55102 of title 46,
United States Code''.
(b) Section 51306(e).--
(1) In general.--Section 51306 of title 46, United
States Code, is amended by adding at the end the
following:
``(e) Alternative Service.--
``(1) Service as commissioned officer.--An
individual who, for the 5-year period following
graduation from the Academy, serves as a commissioned
officer on active duty in an armed force of the United
States or as a commissioned officer of the National
Oceanic and Atmospheric Administration or the Public
Health Service shall be excused from the requirements
of paragraphs (3) through (5) of subsection (a).
``(2) Modification or waiver.--The Secretary may
modify or waive any of the terms and conditions set
forth in subsection (a) through the imposition of
alternative service requirements.''.
(2) Application.--Section 51306(e) of title 46,
United States Code, as added by paragraph (1), applies
only to an individual who enrolls as a cadet at the
United States Merchant Marine Academy, and signs an
agreement under section 51306(a) of title 46, after
October 17, 2006.
(c) Section 51306(f).--
(1) In general.--Section 51306 of title 46, United
States Code, is further amended by adding at the end
the following:
``(f) Service Obligation Performance Reporting
Requirement.--
``(1) In general.--Subject to any otherwise
applicable restrictions on disclosure in section 552a
of title 5, the Secretary of Defense, the Secretary of
the department in which the Coast Guard is operating,
the Administrator of the National Oceanic and
Atmospheric Administration, and the Surgeon General of
the Public Health Service--
``(A) shall report the status of obligated
service of an individual graduate of the
Academy upon request of the Secretary; and
``(B) may, in their discretion, notify the
Secretary of any failure of the graduate to
perform the graduate's duties, either on active
duty or in the Ready Reserve component of their
respective service, or as a commissioned
officer of the National Oceanic and Atmospheric
Administration or the Public Health Service,
respectively.
``(2) Information to be provided.--A report or
notice under paragraph (1) shall identify any graduate
determined to have failed to comply with service
obligation requirements and provide all required
information as to why such graduate failed to comply.
``(3) Considered as in default.--Upon receipt of
such a report or notice, such graduate may be
considered to be in default of the graduate's service
obligations by the Secretary, and subject to all
remedies the Secretary may have with respect to such a
default.''.
(2) Application.--Section 51306(f) of title 46,
United States Code, as added by paragraph (1), does not
apply with respect to an agreement entered into under
section 51306(a) of title 46, United States Code,
before October 17, 2006.
(d) Section 51509(c).--Section 51509(c) of title 46, United
States Code, is amended--
(1) by striking ``Midshipman and'' in the
subsection heading and ``midshipman and'' in the text;
and
(2) inserting ``or the Coast Guard Reserve'' after
``Reserve)''.
(e) Section 51908(a).--Section 51908(a) of title 46, United
States Code, is amended by striking ``under this chapter'' and
inserting ``by this chapter or the Secretary of
Transportation''.
(f) Section 53105(e)(2).--Section 53105(e)(2) of title 46,
United States Code, is amended by striking ``section 2 of the
Shipping Act, 1916 (46 U.S.C. App. 802),'' and inserting
``section 50501 of this title''.
(g) Repeal of Superseded Amendments.--Sections 3505, 3506,
3508, and 3510(a) and (b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364) are
repealed.
SEC. 3527. MISCELLANEOUS AMENDMENTS.
(a) Deletion of Obsolete Reference to Canton Island.--
Section 55101(b) of title 46, United States Code, is amended--
(1) by inserting ``or'' after the semicolon at the
end of paragraph (2);
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph
(3).
(b) Improvement of Heading.--Title 46, United States Code,
is amended as follows:
(1) The heading of section 55110 is amended by
inserting ``valueless material or'' before ``dredged
material''.
(2) The item for section 55110 in the analysis for
chapter 551 is amended by inserting ``valueless
material or'' before ``dredged material''.
SEC. 3528. APPLICATION OF SUNSET PROVISION TO CODIFIED PROVISION.
For purposes of section 303 of the Jobs and Growth Tax
Relief Reconciliation Act of 2003 (Public Law 108-27, 26 U.S.C.
1 note), the amendment made by section 301(a)(2)(E) of that Act
shall be deemed to have been made to section 53511(f)(2) of
title 46, United States Code.
SEC. 3529. ADDITIONAL TECHNICAL CORRECTIONS.
(a) Amendments to Title 46.--Title 46, United States Code,
is amended as follows:
(1) The analysis for chapter 21 is amended by
striking the item relating to section 2108.
(2) Section 12113(g) is amended by inserting
``and'' after ``Conservation''.
(3) Section 12131 is amended by striking
``commmand'' and inserting ``command''.
(b) Amendments to Public Law 109-304.--
(1) Amendments.--Public Law 109-304 is amended as
follows:
(A) Section 15(10) is amended by striking
``46 App. U.S.C.'' and inserting ``46 U.S.C.
App.''.
(B) Section 15(30) is amended by striking
``Shipping Act, 1936'' and inserting ``Shipping
Act, 1916''.
(C) The schedule of Statutes at Large
repealed in section 19, as it relates to the
Act of June 29, 1936, is amended by--
(i) striking the second section
``1111'' (relating to 46 U.S.C. App.
1279f) and inserting section ``1113'';
and
(ii) striking the second section
``1112'' (relating to 46 U.S.C. App.
1279g) and inserting section ``1114''.
(2) Effective date.--The amendments made by
paragraph (1) shall be effective as if included in the
enactment of Public Law 109-304.
(c) Repeal of Duplicative or Unexecutable Amendments.--
(1) Repeal.--Sections 9(a), 15(21) and (33)(A)
through (D)(i), and 16(c)(2) of Public Law 109-304 are
repealed.
(2) Intended effect.--The provisions repealed by
paragraph (1) shall be treated as if never enacted.
(d) Large Passenger Vessel Crew Requirements.--Section
8103(k)(3)(C)(iv) of title 46, United States Code, is amended
by inserting ``and section 252 of the Immigration and
Nationality Act (8 U.S.C. 1282)'' after ``of such section''.
And the Senate agree to the same.
From the Committee on Armed Services, for
consideration of the House bill and the Senate
amendment, and modifications committed to
conference:
Ike Skelton,
John M. Spratt,
Gene Taylor,
Neil Abercrombie,
Silvestre Reyes,
Vic Snyder,
Adam Smith,
Loretta Sanchez,
Mike McIntyre,
Ellen O. Tauscher,
Robert A. Brady,
Robert E. Andrews,
Susan A. Davis,
Richard Larsen,
Jim Cooper,
Jim Marshall,
Madeleine Z. Bordallo,
Mark Udall,
Duncan Hunter,
Jim Saxton,
John M. McHugh,
Terry Everett,
Roscoe Bartlett,
Howard ``Buck'' McKeon,
Mac Thornberry,
Walter B. Jones,
Robin Hayes,
W. Todd Akin,
J. Randy Forbes,
Joe Wilson,
Michael R. Turner,
John Kline,
Thelma Drake,
From the Permanent Select Committee on
Intelligence, for consideration of matters
within the jurisdiction of that committee under
clause 11 of rule X:
Leonard L. Boswell,
Pat J. Murphy,
From the Committee on Education and Labor, for
consideration of secs. 561, 562, 675, 953, and
3118 of the House bill, and secs. 561, 562,
564, 565, and 3137 of the Senate amendment, and
modifications committed to conference:
Joe Courtney,
Timothy Walberg,
From the Committee on Energy and Commerce, for
consideration of secs. 311-313 and 1082 of the
Senate amendment, and modifications committed
to conference:
John D. Dingell,
Albert R. Wynn,
From the Committee on Foreign Affairs, for
consideration of secs. 831, 833, 1022, 1201,
1203, 1204, 1206-1208, 1221, 1222, 1231, 1241,
1242, Title XIII, and sec. 3117 of the House
bill, and secs. 871, 934, 1011, 1201-1203,
1205, 1211, 1212, 1214, 1215, 1217, 1219, 1232,
Title XIII, secs. 1511, 1512, 1532, 1533, 1539-
1542, 1571, 1574-1576, 1579, 3134, and 3139 of
the Senate amendment, and modifications
committed to conference:
Tom Lantos,
Gary Ackerman,
Ileana Ros-Lehtinen,
From the Committee on Homeland Security, for
consideration of sec. 1076 of the Senate
amendment, and modifications committed to
conference:
Bennie G. Thompson,
Christopher P. Carney,
Daniel E. Lungren,
From the Committee on Oversight and Government
Reform, for consideration of secs. 325, 326,
328-330, 604, 653, 674, 801, 802, 814, 815,
821-824, 1101-1112, 1221, 1231, and 1451 of the
House bill, and secs. 366-370, 603, 684, 821,
823, 842, 845, 846, 871, 902, 937, 1064, 1069,
1074, 1093, 1101-1106, 1108, 1540, 1542, and
2851 of the Senate amendment, and modifications
committed to conference:
Henry A. Waxman,
From the Committee on Science and Technology,
for consideration of secs. 846, 1085, and 1088
of the Senate amendment, and modifications
committed to conference:
Bart Gordon,
Gabrielle Giffords,
Vernon J. Ehlers,
From the Committee on Small Business, for
consideration of secs. 828, 1085, 1088, 4001,
4002, 4101-4103, 4201-4203, and 4301-4305 of
the Senate amendment, and modifications
committed to conference:
Nydia M. Velazquez,
Jason Altmire,
From the Committee on Transportation and
Infrastructure, for consideration of secs. 523
and 1048 of the House bill, and secs. 311-313,
353, 1070, 2853, 2855, 2863, 5101, 5202, and
5208 of the Senate amendment, and modifications
committed to conference:
Sam Graves,
From the Committee on Veterans Affairs, for
consideration of secs. 525, 1421, 1433, and
1453 of the House bill, and secs. 701, 710,
1084, 1611, 1612, 1621, 1626, 1634, 1641, 1654,
1662, and 1702-1712 of the Senate amendment,
and modifications committed to conference:
Bob Filner,
Mike Michaud,
Steve Buyer,
From the Committee on Ways and Means, for
consideration of sec. 536 of the Senate
amendment, and modifications committed to
conference:
Dave Camp,
Managers on the Part of the House.
Carl Levin,
Ted Kennedy,
J. Lieberman,
Jack Reed,
Daniel K. Akaka,
Bill Nelson,
Ben Nelson,
Evan Bayh,
Mark Pryor,
Jim Webb,
Claire McCaskill,
J. Warner,
James M. Inhofe,
Jeff Sessions,
Susan M. Collins,
Saxby Chambliss,
Lindsey Graham,
Elizabeth Dole,
John Cornyn,
Mel Martinez,
Managers on the Part of the Senate.
Joint Explanatory Statement of the Committee of Conference
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 1585), 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, submit the following joint
statement to the House and the Senate in explanation of the
effect of the action agreed upon by the managers and
recommended in the accompanying conference report:
The Senate amendment struck all of the House bill after
the enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment
of the Senate with an amendment that is a substitute for the
House bill and the Senate amendment. The differences between
the House bill, the Senate amendment, and the substitute agreed
to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clarifying
changes.
Summary Statement of Conference Actions
Explanation of funding summary
The President's February budget request for the national
defense function of the federal budget for fiscal year 2008 was
$505.4 billion for the base budget, excluding the costs of
operations in Iraq and Afghanistan, plus an additional $141.8
billion in emergency defense funding requested for those
operations and other costs, including some of the cost of the
administration's proposal to increase the size of the Army and
the Marine Corps. The combined total requested by the President
for the national defense budget function was $647.2 billion.
According to the estimating procedures used by the
Congressional Budget Office (CBO), the amount requested for the
base budget was $507.0 billion, and the total amount requested,
including the emergency war-related funding, was $648.8
billion.
The primary discrepancy between the administration and
CBO estimates related to assumed savings in the Defense Health
program (DHP) account. The funding summary table that follows
uses the budget authority levels as calculated by CBO, both for
the DHP and the bill as a whole.
After the House and Senate bills had been reported, and
the Concurrent Resolution on the Budget for Fiscal Year 2008
(S. Con. Res. 21) had been adopted by the Senate and the House
of Representatives on May 17, 2007, the President submitted two
additional budget amendments. On July 31, 2007, the President
requested an additional $5.3 billion for Mine-Resistant Ambush
Protected (MRAP) vehicles. On October 22, 2007, the President
requested an additional $42.3 billion for operations in Iraq
and Afghanistan and for other purposes (including base
closure), bringing the total requested for war-related purposes
for fiscal year 2008 to $189.3 billion and the total requested
for the entire national defense budget function for both the
base budget and war-related funding to $696.3 billion.
The following table summarizes both the direct
authorizations and equivalent budget authority levels for
fiscal year 2008 defense programs. The columns relating to the
authorization request do not include funding for items that are
not within the jurisdiction of this committee or that do not
require an annual authorization. The table also includes the
authorization for spending from the trust fund of the Armed
Forces Retirement Home, which is outside the national defense
budget function.
Funding for all programs in the national defense function
is reflected in the columns related to the budget authority
request and the total budget authority implication of the
authorizations in this bill. The conference agreement
authorizes the same total funding level of $696.4 billion
requested by the President including both budget amendments.
The funding level authorized in the conference agreement
is consistent with the budget authority level of $507.0 billion
for the national defense function (function 050) in the
Concurrent Resolution on the Budget for Fiscal Year 2008.
Because the conference agreement authorizes funding for
the July and October budget amendments, which were submitted
after the Concurrent Resolution on the Budget was adopted, the
total authorized to be appropriated in this Act exceeds the
amount included in that budget resolution for both operations
in Iraq and Afghanistan, and for national defense in total, by
the $47.7 billion requested in the July and October budget
amendments.
Funding requested and authorized for operations in Iraq
and Afghanistan is contained in title XV (for personnel,
operation and maintenance, procurement, and other costs
normally funded in Division A of this Act), in title XXIX of
Division B for military construction projects in Iraq or
Afghanistan, and in title XXXII of Division C for the
Department of Energy.
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Congressional Defense Committees
The term ``congressional defense committees'' is often
used in this statement of managers. It means the Defense
Authorization and Appropriations Committees of the Senate and
the House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Procurement Overview
The budget request for fiscal year 2008 included an
authorization of $101,660.1 million for procurement for the
Department of Defense.
The House bill would authorize $102,160.1 million.
The Senate amendment would authorize $109,811.7 million.
The conferees recommended an authorization of $99,269.0
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Budget Items
Aircraft Procurement, Army--Overview
The budget request for fiscal year 2008 included an
authorization of $4,179.8 million for Aircraft Procurement,
Army in the Department of Defense.
The House bill would authorize $3,928.1 million.
The Senate amendment would authorize $5,229.2 million.
The conferees recommended an authorization of $4,168.8
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Missile Procurement, Army--Overview
The budget request for fiscal year 2008 included an
authorization of $1,645.5 million for Missile Procurement, Army
in the Department of Defense.
The House bill would authorize $2,114.9 million.
The Senate amendment would authorize $2,178.1 million.
The conferees recommended an authorization of $1,912.0
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Procurement of Weapons and Tracked Combat Vehicles, Army--Overview
The budget request for fiscal year 2008 included an
authorization of $3,090.0 million for Procurement of Weapons
and Tracked Combat Vehicles, Army in the Department of Defense.
The House bill would authorize $3,311.1 million.
The Senate amendment would authorize $7,546.7 million.
The conferees recommended an authorization of $3,007.5
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Procurement of Ammunition, Army--Overview
The budget request for fiscal year 2008 included an
authorization of $2,190.6 million for Procurement of
Ammunition, Army in the Department of Defense.
The House bill would authorize $2,238.2 million.
The Senate amendment would authorize $2,229.0 million.
The conferees recommended an authorization of $2,214.6
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Other Procurement, Army--Overview
The budget request for fiscal year 2008 included an
authorization of $12,647.1 million for Other Procurement, Army
in the Department of Defense.
The House bill would authorize $11,455.5 million.
The Senate amendment would authorize $14,983.9 million.
The conferees recommended an authorization of $12,451.3
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Aircraft Procurement, Navy--Overview
The budget request for fiscal year 2008 included an
authorization of $12,747.8 million for Aircraft Procurement,
Navy in the Department of Defense.
The House bill would authorize $12,750.8 million.
The Senate amendment would authorize $13,475.1 million.
The conferees recommended an authorization of $12,432.6
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Weapons Procurement, Navy--Overview
The budget request for fiscal year 2008 included an
authorization of $3,084.4 million for Weapons Procurement, Navy
in the Department of Defense.
The House bill would authorize $3,058.4 million.
The Senate amendment would authorize $3,078.4 million.
The conferees recommended an authorization of $3,068.2
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Procurement of Ammunition, Navy and Marine Corps--Overview
The budget request for fiscal year 2008 included an
authorization of $760.5 million for Procurement of Ammunition,
Navy and Marine Corps in the Department of Defense.
The House bill would authorize $1,060.5 million.
The Senate amendment would authorize $926.6 million.
The conferees recommended an authorization of $1,058.8
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Shipbuilding and Conversion, Navy--Overview
The budget request for fiscal year 2008 included an
authorization of $13,656.1 million for Shipbuilding and
Conversion, Navy in the Department of Defense.
The House bill would authorize $15,744.1 million.
The Senate amendment would authorize $13,605.6 million.
The conferees recommended an authorization of $13,596.1
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Other Procurement, Navy--Overview
The budget request for fiscal year 2008 included an
authorization of $5,470.4 million for Other Procurement, Navy
in the Department of Defense.
The House bill would authorize $5,443.6 million.
The Senate amendment would authorize $5,432.4 million.
The conferees recommended an authorization of $5,209.3
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Procurement, Marine Corps--Overview
The budget request for fiscal year 2008 included an
authorization of $2,999.1 million for Procurement, Marine Corps
in the Department of Defense.
The House bill would authorize $2,580.3 million.
The Senate amendment would authorize $2,699.1 million.
The conferees recommended an authorization of $2,299.4
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Aircraft Procurement, Air Force--Overview
The budget request for fiscal year 2008 included an
authorization of $12,393.3 million for Aircraft Procurement,
Air Force in the Department of Defense.
The House bill would authorize $12,356.3 million.
The Senate amendment would authorize $12,593.8 million.
The conferees recommended an authorization of $12,117.8
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Procurement of Ammunition, Air Force--Overview
The budget request for fiscal year 2008 included an
authorization of $868.9 million for Procurement of Ammunition,
Air Force in the Department of Defense.
The House bill would authorize $868.9 million.
The Senate amendment would authorize $868.9 million.
The conferees recommended an authorization of $854.2
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Missile Procurement, Air Force--Overview
The budget request for fiscal year 2008 included an
authorization of $5,131.0 million for Missile Procurement, Air
Force in the Department of Defense.
The House bill would authorize $5,138.0 million.
The Senate amendment would authorize $5,166.0 million.
The conferees recommended an authorization of $4,984.1
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Advanced extremely high frequency satellite
The budget request included $700,000 in Missile
Procurement, Air Force (MPAF line 13) for the advanced
extremely high frequency satellite system (AEHF).
The House bill would authorize an increase of $100.0
million.
The Senate amendment would authorize an increase of
$125.0 million.
The conferees agree to authorize $125.0 million for
advanced procurement for the fourth AEHF satellite. The
conferees continue to be concerned about a potential gap in
protected communications.
Other Procurement, Air Force--Overview
The budget request for fiscal year 2008 included an
authorization of $15,421.2 million for Other Procurement, Air
Force in the Department of Defense.
The House bill would authorize $15,441.8 million.
The Senate amendment would authorize $16,313.0 million.
The conferees recommended an authorization of $15,405.8
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Procurement, Defense-wide--Overview
The budget request for fiscal year 2008 included an
authorization of $3,318.8 million for Procurement, Defense-wide
in the Department of Defense.
The House bill would authorize $3,537.8 million.
The Senate amendment would authorize $3,386.0 million.
The conferees recommended an authorization of $3,280.4
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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National Guard and Reserve Equipment--Overview
The budget request for fiscal year 2008 included an
authorization request for National Guard and Reserve Equipment
in the Department of Defense.
The House bill would authorize $1,131.9 million for
National Guard and Reserve Equipment.
The Senate amendment would provide no authorization for
National Guard and Reserve Equipment.
The conferees recommend an authorization of $980.0
million for National Guard and Reserve Equipment. Unless noted
explicitly in the statement of managers, all changes are made
without prejudice.
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Item of Special Interest
Unmanned aerial systems management
The report accompanying the Senate amendment (S. Rept.
110-77) would direct the Air Force to shift its procurement of
MQ-1 Predator aircraft to the MQ-1C version of Predator in
fiscal year 2008, if possible. The Senate report also would
provide direction regarding the Air Force proposal to assume
executive agency for medium- and high-altitude unmanned aerial
systems (UAS).
Shortly before conference, the Department of Defense
(DOD) completed action on this Air Force proposal and presented
its plans for UAS management to Congress. The conferees do not
take issue with the management plan per se, but are very
concerned about serious bottlenecks to meeting urgent needs for
more UAS that are able to meet the needs of ground commanders.
The Air Force is fielding 21 orbits of Predators as
rapidly as it can. However, the limiting factor for expanding
Predator operations is the number of trained system operators.
Two factors cause this bottleneck: (1) the time required to
train new rated pilots before they learn to fly UAS; and (2)
the current limitations on flight operations of UAS in national
airspace, especially at night.
Section 1044(b) of the John Warner National Defense
Authorization Act for Fiscal year 2007 (Public Law 109-364)
required the Secretary of Defense and the Administrator of the
Federal Aviation Administration (FAA) to each submit a report
on achieving wider access to the National Airspace System (NAS)
for DOD UAS.
The FAA report has yet to be provided.
The Secretary of Defense recently delivered his report,
which included the dire warning that the DOD-FAA schedule for
developing standards and expanding UAS access to the NAS does
not support DOD operational requirements. Negotiations between
DOD and the FAA are reportedly not making progress.
The conferees understand that many ground force
operations require UAS imagery in real-time. Ground force
commanders find the delay in receiving intelligence information
unacceptable when the raw data is transmitted via satellite to
remote operating locations, processed and forwarded to the
ground commanders' forces. This drives ground force operators
to acquire manned aircraft solutions when a possible simple
design change to UAS would suffice.
Finally, the conferees note that while UAS systems like
the Predator are being fielded to provide support to the Army
and Marine Corps ground forces, these armed forces are not
currently training together.
The conferees direct the Secretary of Defense to report
to the congressional defense and intelligence committees by
February 15, 2008, on the actions he proposes to take to
address these issues. The conferees request that this report
include solutions to the backlog of UAS pilot training
(including alternatives to using fully-rated pilots for UAS),
an assessment of the status of negotiations with the FAA
regarding UAS use of national airspace, and the way in which
the Department's new UAS Task Force will alleviate similar
issues in the future.
Subtitle A--Authorization of Appropriations
Authorization of appropriations (secs. 101-105)
The House bill contained provisions (secs. 101-105) that
would authorize the recommended fiscal year 2008 funding levels
for procurement for the Army, Navy, Marine Corps, Air Force,
Defense-wide activities, and National Guard and reserve
equipment.
The Senate amendment contained provisions (secs. 101-105)
that would authorize the recommended fiscal year 2008 funding
levels for procurement for the Army, Navy, Marine Corps, Air
Force, Defense-wide activities, and Rapid Acquisition Fund.
The Senate recedes.
Subtitle B--Army Programs
Multiyear procurement authority for M1A2 Abrams System Enhancement
Package upgrades (sec. 111)
The House bill contained a provision (sec. 111) that
would authorize the Secretary of the Army to enter into a
multiyear contract for procurement of M1A2 Abrams System
Enhancement Package upgrades.
The Senate amendment contained a provision (sec. 111)
that would do the same.
The House recedes.
Multiyear procurement authority for M2A3/M3A3 Bradley fighting vehicle
upgrades (sec. 112)
The House bill contained a provision (sec. 112) that
would authorize the Secretary of the Army to enter into a
multiyear contract for procurement of M2A3/M3A3 Bradley
fighting vehicle upgrades.
The Senate amendment contained a provision (sec. 112)
that would do the same.
The House recedes.
Multiyear procurement authority for conversion of CH-47D helicopters to
CH-47F configuration (sec. 113)
The House bill contained a provision (sec. 113) that
would authorize the Secretary of the Army to enter into a
multiyear contract for conversion of CH-47D helicopters to the
CH-47F configuration.
The Senate amendment contained no similar provision.
The Senate recedes.
Multiyear procurement authority for CH-47F helicopters (sec. 114)
The House bill contained a provision (sec. 114) that
would authorize the Secretary of the Army to enter into a
multiyear contract for procurement of CH-47F helicopters.
The Senate amendment contained no similar provision.
The Senate recedes.
Limitation on use of funds for Increment 1 of the Warfighter
Information Network-Tactical program pending certification to
Congress (sec. 115)
The House bill contained a provision (sec. 115) that
would limit the funds for the Joint Network Node program
pending a certification to Congress.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Prohibition on closure of Army Tactical Missile System production line
pending report (sec. 116)
The House bill contained a provision (sec. 116) that
would prohibit the Army from commencing, continuing, or
completing the closure of the Army Tactical Missile System
(ATACMS) production line until at least 120 days after
submission of a report that contains the Secretary of the
Army's certification that the long-range surface-to-surface and
counter-battery mission of the Army can be adequately performed
by other elements of the armed forces, a plan to mitigate any
shortfalls in the industrial base that would be created by the
closure, and a plan to replace the Army's capability to perform
long-range surface-to-surface strike and counter-battery
missions.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would only
prohibit the closure of the ATACMS production line until after
submission of the report containing the Secretary of the Army's
certification. Further, the amendment would delete the report
requirement for a plan to replace the Army's capability to
perform long-range surface-to-surface strike and counter-
battery missions.
Stryker Mobile Gun System (sec. 117)
The Senate amendment contained a provision (sec. 113)
that would prohibit the obligation or expenditure of funds for
the procurement of the Stryker Mobile Gun System until 30 days
after 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.
The House bill contained no similar provision.
The House recedes.
Subtitle C--Navy Programs
Multiyear procurement authority for Virginia-class submarine program
(sec. 121)
The House bill contained a provision (sec. 122) that
would authorize the Secretary of the Navy to enter into a
multiyear contract for procuring Virginia-class submarines.
The Senate amendment contained a similar provision (sec.
131) that would authorize the Secretary of the Navy to enter
into more than one contract for the same purpose.
The House recedes with a clarifying amendment.
Report on shipbuilding investment strategy (sec. 122)
The House bill contained a provision (sec. 125) that
would permit the Secretary of the Navy to carry out a program
providing capital expenditure incentives for contractors in the
shipbuilding industry. The program would be funded from amounts
made available for shipbuilding procurement.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of the Navy to provide for a study to determine
the effectiveness of current financing mechanisms for
shipbuilding capital expenditures, and to assess capital
expenditure incentives that would lead to ship construction or
life cycle savings to the Federal Government. The amendment
would require a report on the results of the study to be
submitted not later than October 1, 2008. The amendment would
not authorize a new incentive program.
The conferees understand that the Navy's utilization of
capital expenditure incentives on individual shipbuilding
contracts has shown early progress in improving efficiency and
productivity, which has tended to benefit multiple shipbuilding
contracts at the same facility. The conferees encourage the
Secretary to evaluate further concepts for capital expenditures
that would provide high return on investment, facility-wide and
industry-wide, and to identify in this report any specific
authorities which would have to be authorized by Congress for
the Secretary to implement such concepts. The conferees note
the success achieved by the National Shipbuilding Research
Program in providing industry-wide productivity improvements,
and strongly encourage the Navy to leverage further
opportunities available through this program.
Sense of Congress on the preservation of a skilled United States
shipyard workforce (sec. 123)
The House bill contained a provision (sec. 126) that
would prohibit the use of Shipbuilding and Conversion, Navy,
funds for the purpose of construction of a Navy vessel at a
construction facility where the contractor employs or contracts
for foreign workers who are legally present in the United
States under the H-2B visa program. The provision would allow
for an exception to the prohibition, if the Secretary of the
Navy were to identify potential surplus shipyard labor in all
geographical areas, and if the hiring shipyard were to have
shown an attempt to recruit such labor before hiring H-2B visa
workers.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of the Navy, in consultation with the Department
of Labor, to provide a one-time report identifying the average
number of H-2B visa workers employed by the major shipbuilders
in the construction of United States Navy ships during calendar
year 2007, and the number of H-2B visa workers petitioned by
the major shipbuilders for calendar year 2008, as of the first
quarter of 2008.
Assessments required prior to start of construction on first ship of a
shipbuilding program (sec. 124)
The House bill contained a provision (sec. 127) that
would require the Secretary of the Navy to certify to the
congressional defense committees that ship design, development,
and contractor preparedness are mature prior to the start of
construction of the first ship in a new class of vessels, the
first ship to be built at a shipyard, or the first vessel after
a major design change.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary to submit a report to the congressional defense
committees on the results of any production readiness review
conducted in conjunction with approval of start of construction
of the first ship for any major shipbuilding program, and to
certify to the congressional defense committees that the
findings of such review support commencement of construction.
Littoral Combat Ship (LCS) program (sec. 125)
The Senate amendment contained a provision (sec. 132)
that would limit the total amount to be obligated or expended
for the procurement costs of the fifth and sixth vessels in the
Littoral Combat Ship (LCS) class of vessels to $460.0 million
per vessel. The provision would require that the Navy employ a
fixed-price type contract for construction of the fifth and
follow ships of the Littoral Combat Ship class of vessels, and
would restrict the Navy from entering into, or modifying, such
contract if the limitation of the government's cost liability,
when added to the sum of other budgeted procurement costs,
would exceed $460.0 million per vessel. The provision would
also define procurement costs to include all costs for plans,
basic construction, change orders, electronics, ordnance,
contractor support, and other costs associated with completion
of production drawings, ship construction, test, and delivery,
including work performed post-delivery that is required to meet
original contract requirements.
The House bill contained no similar provision.
The House recedes with an amendment that would extend the
limitation of cost to Littoral Combat Ships authorized and
appropriated in fiscal year 2008 or subsequent fiscal years.
Subtitle D--Air Force Programs
Limitation on Joint Cargo Aircraft (sec. 131)
The House bill contained a provision (sec. 132) that
would prohibit the Secretary of the Air Force or the Secretary
of the Army from obligating or expending authorized
appropriations for the development or procurement of the Joint
Cargo Aircraft until 30 days after the Secretary of Defense
submits to the congressional defense committees the Air Force
Air Mobility Command's Airlift Mobility Roadmap; the Department
of Defense Intra-Theater Airlift Capabilities Study; the
Department of Defense Joint Intra-Theater Distribution
Assessment of the Joint Cargo Aircraft Functional Area Series
Analysis; the Joint Cargo Aircraft Analysis of Alternatives;
and the Secretary of Defense certifies that validated
operational requirements exist to fill a Department of the
Army, Department of the Air Force, Army National Guard, or Air
National Guard capability gap or shortfall for intra-theater
airlift with the Joint Cargo Aircraft.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would add the
Intra-Theater Airlift Fleet Mix Analysis to the required set of
studies that the Department must deliver.
Clarification of limitation on retirement of U-2 aircraft (sec. 132)
The House bill contained a provision (sec. 133) that
would modify section 133(b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364) to
clarify limitations on retirement of U-2 aircraft.
The Senate amendment contained no similar provision.
The Senate recedes.
Repeal of requirement to maintain retired C-130E tactical aircraft
(sec. 133)
The House bill contained a provision (sec. 134) that
would repeal section 137(b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364).
Section 137(b) requires that the Secretary of the Air Force
maintain any C-130E aircraft retired after September 30, 2006
in a condition that would allow recall of that aircraft to
future service. The Air Force refers to this status as ``Type-
1000 storage''.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would allow the
Secretary of the Air Force to remove these retired C-130
aircraft from Type-1000 storage if he:
(1) submits the Fleet Mix Analysis Study to the
congressional defense committees; and
(2) waits for a period of 30 days.
Limitation on retirement of C-130E/H tactical airlift aircraft (sec.
134)
The Senate amendment contained a provision (sec. 141)
that would: (1) prevent the Secretary of the Air Force from
retiring any C-130E/H aircraft during fiscal year 2008; and (2)
require that he maintain any C-130E aircraft retired after
September 30, 2006 in a condition that would allow recall of
that aircraft to future service. The Air Force refers to this
status as ``Type-1000 storage''.
The House bill contained no similar provision.
The House recedes with an amendment that would allow the
Secretary of the Air Force to retire up to 24 C-130E/H aircraft
during fiscal year 2008 if he:
(1) maintains any aircraft retired under this
provision in Type-1000 storage;
(2) submits the Fleet Mix Analysis Study to the
congressional defense committees; and
(3) waits for a period of 30 days.
Limitation on retirement of KC-135E aerial refueling aircraft (sec.
135)
The Senate amendment contained a provision (sec. 142)
that would prohibit the Secretary of the Air Force from
retiring any KC-135 aerial refueling aircraft during fiscal
year 2008 unless the Air Force provides the congressional
defense committees with a request to retire KC-135E aircraft
during fiscal year 2008 in accordance with established
procedures similar to those used for prior approval
reprogramming requests.
The House bill contained no similar provision.
The House recedes with an amendment that would allow the
Secretary of the Air Force to retire up to 48 KC-135E aircraft
in fiscal year 2008. The Secretary would not be allowed to
retire any additional KC-135E until the Secretary certifies to
the congressional defense committees that:
(1) the Air Force has awarded the KC(X) contract;
(2) any bid protest arising from the award of the
KC(X) contract have been adjudicated by the Government
Accountability Office (GAO); and
(3) the Air Force has responded to GAO
determinations arising from any such bid protest.
Transfer to Government of Iraq of three C-130E tactical airlift
aircraft (sec. 136)
The Senate amendment contained a provision (sec. 144)
that would permit the Secretary of the Air Force to transfer up
to three C-130E aircraft to the Government of Iraq from among
aircraft that the Air Force had retired during fiscal year
2007.
The House bill contained no similar provision.
The House recedes.
The conferees note that, under the conditions of transfer
of surplus property, neither the Air Force nor the U.S.
Government will retain any responsibility for maintenance of
these aircraft.
Modification of limitations on retirement of B-52 bomber aircraft (sec.
137)
The Senate amendment contained a provision (sec. 145)
that would amend section 131 of the John Warner National
Defense Authorization Act for Fiscal 2007 (Public Law 109-364)
to direct the Secretary of the Air Force to maintain a primary
aircraft inventory of not less than 63 B-52 bomber aircraft in
a common configuration and backup aircraft inventory of not
less than 11 B-52 bomber aircraft. The provision would also
extend to 60 days the period of time in which the Secretary
cannot retire B-52 bomber aircraft following submission of the
report required by section 131.
The House bill contained no similar provision.
The House recedes with an amendment that would direct the
Secretary of the Air Force to retain an attrition reserve of
not less than two B-52 bomber aircraft and prohibit any of the
76 B-52 bomber aircraft from being put into a storage status or
in a status considered excess to the requirements of the
possessing command and awaiting disposition instructions. The
provision would also allow the Secretary of the Air Force to
use two retired B-52 bomber aircraft for maintenance ground
training. In addition, the amendment would define the terms
used to describe the aircraft status categories.
The conferees believe that a B-52 total aircraft
inventory of less than 76 aircraft is not sufficient to meet
combatant commander requirements for conventional, long-range
strike requirements if the need should arise to conduct near
simultaneous operations in two major regional conflicts. The
conferees strongly discourage the Secretary of the Air Force
from taking action to reduce the B-52 aircraft inventory below
76 total aircraft prior to the next generation bomber reaching
initial operational capability status and strongly oppose a
strategy that reduces current conventional long-range strike
capability.
Legislative Provisions Not Adopted
Advance procurement for Virginia class submarine program
The Senate amendment contained a provision (sec. 133)
that would authorize $400.0 million for procurement of a second
ship set of reactor components, and $70.0 million for advance
procurement of non-nuclear long lead time material in order to
support a reduced construction span time for the boats in the
next multiyear procurement program.
The House bill contained no similar provision.
The Senate recedes.
The conference outcome is reflected in the tables of this
report in Shipbuilding and Conversion, Navy (SCN), line number
4.
The National Defense Authorization Acts for Fiscal Years
1998 and 2004 (Public Law 105-85 and Public Law 108-136,
respectively) authorized the Secretary of the Navy to enter
into a contract for procurement of New Attack Submarines
provided that the prime contractor, which was selected to be
General Dynamics, entered into one or more subcontracts with
the subcontractor, which is Northrop Grumman, for submarine
construction as contemplated in the New Attack Submarine Team
Agreement.
The Secretary of the Navy has advised the committee that
the teaming arrangement has worked well for the Navy in the
highly unique circumstance of submarine construction and has
proven to be the most practical manner of maintaining two
viable sources for building nuclear powered submarines in this
low-rate production environment. The committee understands that
the Navy intends to continue to support teaming by General
Dynamics and Northrop Grumman for the 2009 Virginia class
submarine multiyear procurement contract.
Authority to transfer funds for submarine engineered refueling
overhauls and conversions and for aircraft carrier refueling
complex overhauls
The House bill contained a provision (sec. 121) that
would authorize the Secretary of Defense to transfer to the
Shipbuilding and Conversion, Navy account, from funds available
in fiscal year 2008 or after, such funds as may be necessary to
cover increased costs of submarine engineered refueling
overhauls and conversions or aircraft carrier refueling complex
overhauls.
The Senate amendment contained no similar provision.
The House recedes.
Consolidation of Joint Network Node program and Warfighter Information
Network-Tactical program into single Army tactical network
program
The Senate amendment contained a provision (sec. 114)
that would require the Secretary of the Army to consolidate the
Joint Network Node (JNN) program and the Warfighter Information
Network-Tactical (WIN-T) program into one tactical network
program.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that subsequent to the Committee on
Armed Services of the Senate's mark-up of the National Defense
Authorization Act for Fiscal Year 2008, the Under Secretary of
Defense for Acquisition, Technology, and Logistics certified a
restructured WIN-T program consisting of four distinct
increments that provide increasing capability. The first
increment of the new program consolidated the JNN program into
the WIN-T program, as prescribed by the Senate bill.
General fund enterprise business system
The Senate amendment contained a provision (sec. 115)
that would reallocate funding in the bill for the General Fund
Enterprise Business System program from the procurement and
operation and maintenance accounts to the research and
development account to reflect changes in the program schedule.
The House bill contained no similar provision.
The Senate recedes.
The conference outcome is reflected in the tables of this
report.
Limitation on final assembly of VH-71 presidential transport
helicopters
The House bill contained a provision (sec. 123) that
would prevent any obligation or expenditure of funds from
Aircraft Procurement, Navy for final assembly of more than five
VH-71 presidential transport helicopters, unless final assembly
of those helicopters would be carried out in the United States.
The Senate amendment contained no similar provision.
The House recedes.
The conferees support the current program of record, in
which the Navy intends to assemble no more than five VH-71
presidential helicopters outside the United States.
The conferees direct that, before making any decision to
change the location of final assembly for helicopters beyond
the first five in the VH-71 acquisition strategy, the Secretary
of Defense provide at least a 60-day notice to the
congressional defense committees before implementing any such
change. The conferees expect that the current acquisition
strategy program of record will remain in place absent an
extraordinary circumstance.
Limitation on retiring C-5 aircraft
The House bill contained a provision (sec. 131) that
would allow the Secretary of the Air Force to retire C-5A
aircraft from the inventory and replace that capability with C-
17 aircraft if a cost analysis were to show that this would be
a prudent alternative in meeting strategic airlift requirements
and would not significantly increase costs above those already
planned in the out-years. The provision would also repeal
section 132 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136), which prevents retiring
any C-5A until testing of a C-5A aircraft with the reliability
enhancement and re-engining program (RERP) modification is
complete.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Air Force to identify options
for accelerating the completion of C-5 RERP operational
testing, including rephasing the program depot maintenance
availability, that would:
(1) complete all required testing objectives;
(2) cut no corners regarding aircraft or aircrew
safety; and
(3) result in accelerating the completion of
operational testing and producing the required reports
from that testing.
The conferees also direct the Secretary of Defense to
task the Institute for Defense Analyses (IDA) to perform an
objectivity/sufficiency review and net present value analysis
of the RERP service cost position of the Air Force submitted to
the Department of Defense pursuant to the Nunn-McCurdy breach
notification, the most recent cost estimate provided to the Air
Force by the RERP prime contractor, and the cost estimate of
the Cost Analysis Improvement Group used during the Nunn-
McCurdy breach review and certification process. The conferees
direct that the Secretary forward the results of that IDA
review to the congressional defense committees not later than
March 1, 2008.
Responsibility of the Air Force for fixed-wing support of Army intra-
theater logistics
The Senate amendment contained a provision (sec. 1030)
that would require the Secretary of Defense, acting through the
Chairman of the Joint Chiefs of Staff, to prescribe directives
or instructions to provide that the Air Force would be
responsible for the missions and functions of fixed-wing
support for Army intra-theater logistics.
The House bill contained no similar provision.
The Senate recedes.
The conferees agree that no one should interpret this
action as the conferees having made a judgment as to which
military service should operate the Joint Cargo Aircraft or
provide intra-theater airlift capability to Joint Force
commanders. The conferees expect to make such a decision after
reviewing the results of the quadrennial roles and missions
report by the Secretary of Defense directed in title IX of this
Act (sec. 941). The conferees expect that the mission of
providing fixed-wing airlift support for intra-theater
logistics will be specifically addressed in the report to
determine the appropriate allocation of the Joint Cargo
Aircraft platform.
The conferees understand that it is the Department's
intent, irrespective of any decision on roles and missions,
that authority for operational control and tasking of fixed-
wing intra-theater airlift that is allocated or apportioned to
support a regional combatant commander will reside with the
respective Joint Force Air Component Commander or Combined
Forces Air Component Commander to best support military
operations.
Sense of Congress on rapid fielding of Associate Intermodal Platform
system and other innovative logistics systems
The Senate amendment contained a provision (sec. 147)
that would express the sense of Congress that the Department of
Defense should: (1) rapidly field innovative logistics systems
such as the Associate Intermodal Platform system (AIPS); and
(2) seek to fully procure such innovative logistics systems in
the future.
The House bill contained no similar provision.
The Senate recedes.
The conferees understand that the U.S. Transportation
Command and the Air Mobility Command have been evaluating the
AIPS and a number of other innovative logistics systems to
reduce operating and support costs and increase capability. The
conferees agree that the Department should continue these
reviews and provide funding in future budgets for programs that
show promise in these evaluations.
Sense of Congress on the Air Force strategy for the replacement of the
aerial refueling tanker aircraft fleet
The Senate amendment contained two provisions (secs. 143
and 146) that would express the sense of Congress on the Air
Force strategy for the replacement of the aerial refueling
tanker aircraft fleet. The new tanker has been called the
``KC(X)''.
(1) Section 143 would state the sense of Congress
that the Air Force should hold a full and open
competition for KC(X) and should take no action to
limit the ability of the teams seeking the contract
from competing for the KC(X) contract.
(2) Section 146 would state the sense of Congress
that tanker modernization is a vital national priority
and that Congress supported the Air Force strategy of
buying new tankers, upgrading and maintaining the
remaining fleet of tankers, and augmenting capability
with aerial refueling fee-for-service.
The House bill contained no similar provision.
The Senate recedes.
The conferees have included statement of managers
language in title X of this Act expressing the views of the
conferees on the multifaceted Air Force strategy to
recapitalize and augment the aerial refueling aircraft fleet.
Sense of Congress regarding need to replace Army M109 155mm self-
propelled howitzer
The House bill contained a provision (sec. 1052)
expressing the sense of Congress that the Army has not been
timely in procuring a replacement for the M109 self-propelled
howitzer and that the Army should transition to the Non-Line-
of-Sight Cannon (NLOS-C) as that replacement.
The Senate amendment contained no similar provision.
The House recedes.
The conferees reiterate congressional intent that the
first Future Combat Systems (FCS) manned ground vehicle fielded
be the NLOS-C. However, currently fielded armored vehicles,
including the M109 self-propelled howitzer, will have to be
maintained and sustained for the foreseeable future in those
Army and Army National Guard heavy brigade combat teams which
will not transition to the FCS structure. In that regard the
conferees support the Army's M109 Paladin Integrated Management
upgrade program.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Budget Items
Research, Development, Test, and Evaluation overview
The budget request included $75,117.2 million in
Research, Development, Test and Evaluation for the Department
of Defense.
The House bill would authorize $73,476.3 million.
The Senate amendment would authorize $74,718.1 million.
The conferees agree to authorize $73,727.5 million.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
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ARMY
Research, Development, Test, and Evaluation, Army overview
The budget request included $10,589.6 million in
Research, Development, Test, and Evaluation, Army for the
Department of Defense.
The House bill would authorize $10,057.5 million.
The Senate amendment would authorize $11,328.0 million.
The conferees agree to authorize $10,840.4 million.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
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Wide-area persistent surveillance
The budget request included a classified amount in
PE35206A for improvements to the Constant Hawk persistent
surveillance system.
The House bill would approve the requested amount.
The Senate amendment would authorize an additional $30.0
million to accelerate and broaden the scope of the Constant
Hawk system.
The conferees agree to authorize the requested amount.
The current deployment of the Army's Constant Hawk system
has proven the importance of large-area persistent surveillance
in the campaign against improvised explosive device (IED)
networks in Iraq. However, the coverage area is limited, and
the platform's endurance is also limited. The system is
designed to provide support only to the forensic analysis
mission.
The Marine Corps is fielding a similar capability called
Angel Fire. Angel Fire is designed to provide real-time support
to ground force operations with improved sensor resolution. The
conferees agree that while these two systems should eventually
be merged into a single program with improved capabilities,
this merger must not hinder current efforts to complete the
fielding of either the Constant Hawk or Angel Fire systems. The
conferees also urge the Army and Marine Corps to commit to
integrating these systems in accordance with the equipment and
procedures required by Task Force ODIN, and Army and Marine
Corps ground forces. This merger should be accomplished as soon
as practicable.
The conferees direct the Secretary of Defense to provide
a conceptual plan for merger of the Constant Hawk and Angel
Fire programs, which must include an assessment of the
intelligence, surveillance, and reconnaissance (ISR) impacts of
such a merger. The conferees also direct the Secretaries of the
Army and Navy to provide program management plans for the
Constant Hawk and Angel Fire programs, including respective
budget detail to the congressional defense and intelligence
committees within 60 days of enactment of this Act. The
conferees also direct the Secretary of Defense to provide a
study of future improvements to wide-area persistent
surveillance, including: an assessment of sensor technology
capabilities and limitations; an analysis of the most suitable
sensor platforms; an evaluation of the best system architecture
for collecting, sharing, and analyzing sensor data; and
analysis of the optimum use of wide-area surveillance for
defeating IED and other asymmetric threat networks. The results
of this study should be provided to the congressional defense
and intelligence committees within 180 days of enactment of
this Act.
NAVY
Research, Development, Test, and Evaluation, Navy overview
The budget request included $17,075.5 million in
Research, Development, Test, and Evaluation, Navy for the
Department of Defense.
The House bill would authorize $17,323.6 million.
The Senate amendment would authorize $16,296.4 million.
The conferees agree to authorize $16,980.7 million.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
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Threat D
The budget request included $32.4 million in PE64258N for
target systems development.
The House bill would authorize $42.4 million, an increase
of $10.0 million, for a Threat D advanced cruise missile target
systems development.
The Senate amendment would authorize the budget request.
The conferees agree to authorize $32.4 million in
PE64258N for target systems development.
The conferees are concerned about the limited effort that
the Navy has undertaken in developing test resources that can
adequately simulate emerging advanced cruise missile threats to
Navy platforms. The conferees are aware that the lack of this
test capability has been raised specifically by the Director of
Operational Test and Evaluation as potentially impacting the
operational testing of a number of major Navy acquisition
programs. The conferees encourage the Department of Defense to
program for adequate resources to ensure that such cruise
missile threats can be adequately simulated in a timely manner,
in order to avoid disruption to the operational test and
evaluation of major systems and to ensure that such systems are
operationally suitable and effective at the time of deployment.
AIR FORCE
Research, Development, Test, and Evaluation, Air Force overview
The budget request included $26,711.9 million in
Research, Development, Test, and Evaluation, Air Force for the
Department of Defense.
The House bill would authorize $25,739.0 million.
The Senate amendment would authorize $25,582.0 million.
The conferees agree to authorize $25,692.5 million.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
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Global positioning system III
The budget request included $587.2 million for global
positioning system III (GPS III).
The House bill would authorize $437.2 million in PE63421F
for GPS III.
The Senate amendment would authorize $587.2 million, the
amount of the budget request.
The conferees agree to authorize $487.2 million, a
reduction of $100.0 million below the budget request.
The conferees fully support the need for the GPS III
program. There are indications, however, that challenges
between the development and acquisition plans for space
vehicles, ground systems, and user equipment may be increasing.
The conferees are concerned that GPS III space systems may be
ahead of the development and acquisition plans for ground
systems and user equipment. To avoid this potential disconnect
the conferees urge the Department of Defense (DOD) and the Air
Force to request adequate funding to keep the ground
operational control systems and space segments fully
synchronized and to support timely development and fielding of
the user equipment.
The block approach adopted by the GPS III program office
is a good step toward reducing technical risks and ensuring
that the program stays on budget and schedule. However, the
conferees are concerned that capabilities like spot-beams and
cross-links may not be properly phased to support the
warfighter requirements or may no longer be required. The
conferees urge the DOD and the Secretary of the Air Force to
examine the GPS acquisition strategy and warfighter
requirements to determine the appropriate next-generation
capabilities to include in each subsequent block to meet user
needs, while maintaining schedule, cost, and appropriate level
of technical risk.
The GPS satellite constellation provides accurate
position, navigation, and timing (PNT) to support military,
civil, and commercial activities and enterprises throughout the
United States and the world. The conferees note the budget
request included funds for other PNT capabilities and
augmentations such as the GPS extension program, commonly known
as iGPS. The conferees are concerned that these investment
decisions are being made without an integrated PNT
architecture. The conferees direct the DOD, as one of the co-
chairs of the PNT Executive Committee, to submit a report to
the congressional defense committees that includes future PNT-
related investments for the next 5 years and an integrated PNT
architecture plan. The report should be submitted within 6
months from the date of enactment of this Act.
Transformational communication satellite system
The budget request included $964.0 million in PE63845F
for the transformational communication satellite system (TSAT).
The House bill would authorize the budget request.
The Senate amendment would authorize the budget request.
The conferees agree to authorize $814.0 million in
PE63845F for the TSAT, a reduction of $150.0 million below the
budget request. The conferees fully support the TSAT program
and have made this reduction with no prejudice to the program.
Space Radar
The budget request included funds for the Space Radar
program, but the amount requested is classified.
The House bill would authorize $30.0 million below the
requested amount in a classified line item for Space Radar.
The Senate amendment would authorize $20.0 million in a
classified line item and would authorize $80.0 million in
PE63858F for a Space Radar technology study.
The conferees agree to authorize funding for Space Radar
capabilities in a classified line item.
The conferees continue to support space-based radar
capabilities to meet both warfighter and intelligence community
requirements. However, the conferees remain concerned about the
overall approach to radar capabilities in space and, in
particular, about the Space Radar program of record. These
concerns include requirements scope, technology risk, the
acquisition plan, and the affordability of a space radar
program. The conferees continue to strongly support a joint
program and a joint approach to requirements development,
concept of operations, and tasking, processing, and
exploitation regimes.
The conferees are aware of several alternative space-
based radar concepts that have been proposed over the past year
that could lower technical risk and development costs. In
addition, the administration has recently proposed a new,
incremental acquisition strategy for the Space Radar program
designed to reduce program risk. As a result of these
developments, the conferees direct the Secretary of Defense and
the Director of National Intelligence to prepare a plan for the
analysis of space-based radar alternatives and a plan for
expenditure of funds for fiscal year 2008. Of the amount
authorized by the conferees for fiscal year 2008, only $40.0
million shall be available for expenditure until 30 days after
the submission of this plan for an analysis of alternatives.
The plan for an analysis of alternatives should bound the
options related to space-based radar technology and system
alternatives. It must consider all programs and activities (at
all levels of classification) that can contribute to the
missions that space-based radar systems would support. Once the
options are bounded, the plan should outline a strategy for
evaluating the space-based radar options. The plan should
describe how the Department of Defense proposes to allocate the
remaining fiscal year 2008 funding to achieve the objectives
described below and to support any other space-based radar
related activities. The plan for an analysis of alternatives
should be submitted to the congressional defense and
intelligence committees by March 1, 2008.
The plan for an analysis of space-based radar
alternatives should be a roadmap for evaluating the options for
space and ground segments. The conferees expect the plan to
identify the schedule and resources necessary to evaluate: the
maturity of the various radar technologies and design concepts;
system and architecture performance; requirements; technology
producibility; industry capacity; cost and risk estimates for
the proposed options; proposed acquisition plans; concepts of
operations; how other programs can be leveraged to meet
requirements; and any other matters identified by the Secretary
of Defense and the Director of National Intelligence.
The conferees expect that the Department will perform the
work outlined in the plan for an analysis of space-based radar
alternatives before establishing a new program baseline for
space radar capabilities and that no acquisition decision will
be made in fiscal year 2008.
Additional direction and information is contained in the
classified annex to this report.
Alternate infrared satellite system
The budget request included $230.9 million in PE64443F
for the alternative infrared satellite system (AIRSS).
The House bill would authorize a decrease of $200.9
million in PE64443F for AIRSS.
The Senate amendment would authorize no funding for
AIRSS.
The conferees agree to authorize $75.9 million for AIRSS
in PE64443F.
The conferees understand the Space Based Infrared System
(SBIRS) geosynchronous (GEO) program has experienced additional
problems over the course of the summer. Nevertheless, the
conferees are still convinced that the AIRSS program as it was
described in the budget request is not the backup program that
was originally conceived to serve as an alternative to SBIRS as
directed in the SBIRS recertification acquisition decision
memorandum. In addition, the current AIRSS concept is not a
suitable competitor for the fourth SBIRS GEO satellite.
The conferees acknowledge that a follow-on program for
SBIRS will be needed in the future and believe that the AIRSS
program should focus on maturing technology and focus on the
next generation of infrared sensor technology. The conferees
expect the Air Force to develop AIRSS as a follow-on program at
an appropriate time in the future. To that end, the conferees
expect the budget request for AIRSS for fiscal year 2009 to
include a clear plan to support research and development on
technologies that could be evolved into the next generation of
non-imaging infrared systems.
Recognizing that a backup plan may still be needed for
SBIRS GEO, the conferees direct the Air Force to study the cost
and feasibility of integrating a SBIRS highly elliptical orbit
sensor onto a GEO satellite bus. The results of this study
should be provided with the fiscal year 2009 budget request.
DEFENSE-WIDE
Research, Development, Test, and Evaluation, Defense-wide overview
The budget request included $20,559.9 million in
Research, Development, Test, and Evaluation, Defense-wide for
the Department of Defense.
The House bill would authorize $20,176.0 million.
The Senate amendment would authorize $21,331.5 million.
The conferees agree to authorize $20,033.6 million.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
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National Defense Education Program
The budget request included $44.4 million in PE61120D8Z
for the National Defense Education Program (NDEP).
The House bill would authorize the budget request.
The Senate amendment would authorize the budget request.
The conferees agree to authorize $44.4 million in
PE61120D8Z for NDEP.
The conferees note that the budget request included $13.0
million for Pre-engineering Modules under NDEP, but lacked
sufficient justification for that level of funding. Therefore,
the conferees direct that funding for NDEP be executed as
follows: $3.5 million for Pre-engineering Modules; $6.5 million
for Materials World Modules; $27.0 million for Science,
Mathematics, and Research for Transformation; and $7.4 million
for National Security Science and Engineering Faculty
Fellowships. The conferees direct the Director of Defense
Research and Engineering to continue appropriate efforts to
support science and mathematics education, including at the K-
12 level, and recommend that the Director provide clear
objectives and rationale for future funding requests for new
programs in this area.
Airborne Laser
The budget request included $548.8 million in PE63883C
for the Airborne Laser (ABL) boost-phase missile defense
technology demonstration program.
The House bill would authorize $298.9 million in
PE63883C, a reduction of $250.0 million.
The Senate amendment would authorize $348.8 million in
PE63883C, a reduction of $200.0 million.
The conferees agree to authorize $513.8 million in
PE63883C, a reduction of $35.0 million.
The conferees note that the ABL program remains a high
risk technology development and demonstration program that is
seeking to determine the technical feasibility of using an
airborne chemical laser to destroy ballistic missiles in the
boost-phase of their flight, within the first few minutes after
launch.
The ABL program has suffered numerous delays and cost
increases since its inception in 1996, and it is currently
estimated that it will cost $5.1 billion from inception to the
completion of the first test to shoot down a target missile,
currently scheduled for 2009. The original cost estimate to
complete the first shoot-down test was $1.0 billion, which
indicates the magnitude of cost growth in the ABL program.
Even if it is successful, the first shoot-down test will
not determine whether the ABL could be made operationally
effective or affordable. There are inherent operational
constraints in the ABL concept that would have to be overcome.
Much more additional testing would be required to demonstrate
operational capability and military utility. Furthermore, even
if the follow-on testing were successful, the system would
likely not provide an operational capability until 2018 or
later.
The conferees remain concerned that the requested and
planned level of funding for the ABL program comes at the
expense of other near-term capabilities specified in section
223 of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364), which places a priority
on the development, testing, fielding, and improvement of
effective near-term missile defense capabilities.
The conferees believe that missile defense resources and
effort need to be focused and prioritized on those near-term
effective capabilities that can meet our combatant commanders'
current operational requirements to defend against existing
missile threats, particularly those short- and medium-range
missiles that can strike forward-deployed U.S. forces, allies,
and other friendly nations in various regions.
It remains unclear whether the ABL system will be
affordable. The Congressional Budget Office has made a
preliminary estimate that the ABL program could cost as much as
$36.0 billion to develop, procure, and operate a fleet of seven
aircraft for 20 years. This would be a huge investment in a
fleet of seven aircraft that may not be able to provide an
operationally effective capability.
The conferees are also concerned about the number of ABL
aircraft that may be required to maintain a single operational
ABL aircraft on combat patrol, known as an orbit. According to
the Department of Defense, 3 to 5 ABL aircraft would be
required to maintain a single orbit. Additionally, to provide
full coverage against geographically large countries may
require three or more ABL aircraft operating simultaneously,
which could require a total force of 15 or more aircraft. That
would add billions of dollars to the cost of the program.
By comparison, investing that level of funding in near-
term capabilities like the Aegis Ballistic Missile Defense
(BMD) program, the Terminal High Altitude Area Defense program,
and the Patriot PAC-3 program would provide a considerable
increase in the ability of our combatant commanders to meet
their operational requirements for defending our forward-
deployed forces and our allies and friends against existing
missile threats.
As the ABL program proceeds toward the planned shoot-down
test in 2009, the conferees believe the program should receive
thorough independent review, as recommended by the Government
Accountability Office in its March 2007 report, ``Defense
Acquisitions: Missile Defense Acquisition Strategy Generates
Results but Delivers Less at a Higher Cost.'' The conferees
strongly urge the Department of Defense to commission an
independent review of the technical, operational, cost, and
effectiveness aspects of the proposed ABL system, particularly
in comparison to the proposed Kinetic Energy Interceptor
program, and the Aegis BMD system using the Standard Missile-3
Block IIA interceptor in an ascent-phase capacity.
Aegis Ballistic Missile Defense
The budget request included $1.1 billion in PE63892C for
the sea-based Aegis Ballistic Missile Defense (BMD) system.
The House bill would authorize an increase of $78.0
million in PE63892C.
The Senate amendment would authorize an increase of $75.0
million in PE63892C.
The conferees agree to authorize an increase of $65.0
million in PE63892C.
The conferees note that the Missile Defense Agency (MDA)
recently informed Congress that the Aegis BMD program will
experience a major funding shortfall in its fiscal year 2008
program. This shortfall has caused MDA to modify its plans for
Aegis BMD for fiscal year 2008, which include, among other
things, delaying the introduction of the Standard Missile-3
(SM-3) Block IB missile by a year, deferring the upgrades of
four Aegis BMD ships until 2010, and possibly reducing the
number of flight tests. The MDA had previously told Congress
that no additional money was needed for the Aegis BMD program.
As Congress made clear in section 223 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364), the emphasis of our missile defense efforts
should be on the current generation of missile defense
capabilities, even if this comes at the expense of longer-term
development efforts. Furthermore, in testimony before Congress
earlier this year, combatant commanders noted the importance of
attaching priority to deploying missile defense systems like
Aegis BMD, which are designed to provide a wide-area defense
capability against existing short- and medium-range ballistic
missile threats to our forward-deployed forces, allies, and
other friendly nations.
The conferees urge MDA to address the funding shortfall
by identifying funds to ``buy back'' schedule, with priority
placed on resolving technical issues with the SM-3 Block IA
missile program, returning the SM-3 Block IB missile to its
previous schedule, and ensuring that all original test
objectives for fiscal year 2008 are met.
The conferees direct that no later than January 31, 2008,
MDA provide a report to the congressional defense committees
detailing the specific reasons for the funding shortfall in the
Aegis BMD program, its plan for identifying funds to place the
program back on schedule, and its plans for ensuring that the
Aegis BMD program is fully funded in the future.
Over the past several years, Congress has been clear on
the importance it attaches to the Aegis BMD program and other
near-term missile defense systems. The conferees expect the
Department's fiscal year 2009 budget request to reflect that
priority.
Prompt global strike
The budget request included a total of $175.4 million for
the Conventional Trident Modification (CTM), with $126.4
million in hard and deeply buried target defeat systems, PE
64327N; $36.0 million in Trident II modifications, Weapons
Procurement, Navy (WPN) line 1; and $13.0 million in strategic
systems missile equipment, Other Procurement, Navy (OPN) line
108. The budget request also included $32.8 million for the
Common Aero Vehicle (CAV) in PE 64856F.
The House bill would authorize a total of $142.0 million
for the CTM, with $126.4 million in hard and deeply buried
target defeat systems, PE 64327N; $6.0 million in Trident II
modifications, WPN line 1; and $6.0 million in strategic
systems missile equipment, OPN line 108. The House would
authorize the budget request for the CAV.
The Senate would authorize no funding for the CTM, but
would authorize $208.2 million for prompt global strike (PGS)
concepts in PE 65104D8Z. The Senate would authorize no funding
for the CAV in PE 64856F but would authorize the budget request
for the CAV in PE 65104D8Z as part of PGS concepts.
The conferees agree to authorize $100.0 million in PE
64165D8Z for PGS in a new budget line that includes funding for
the CAV. No funds are authorized for the CTM program. A further
discussion of PGS is included elsewhere in this conference
report.
Joint command and control
The budget request included $70.3 million in PE33158K for
the joint command and control program.
The House bill would authorize a decrease of $20.0
million in PE33158K for net enabled command and control, due to
activity delays that raised concerns over the ability of the
program to execute the full fiscal year 2008 request.
The Senate amendment would authorize the budget request.
The conferees agree to authorize $58.3 million, a
decrease of $12.0 million in PE33158K. The conferees recognize
there has been improvement in the execution of the program, and
remain supportive of the program's technical approach. The
conferees are supportive of the program's efforts to drive the
Department of Defense towards a service-oriented architecture
approach, and the use of a federated development and
certification environment to accelerate the process of testing
and certifying new capabilities. The conferees believe that
this program has the potential to dramatically influence how
the Department develops and fields software-intensive systems,
and provide significant new capabilities in shorter time
frames.
TEST AND EVALUATION
Operational, Test, and Evaluation, Defense overview
The budget request included $180.3 million in
Operational, Test, and Evaluation, Defense for the Department
of Defense.
The House bill would authorize $180.3 million.
The Senate amendment would authorize $180.3 million.
The conferees agree to authorize $180.3 million.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
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Items of Special Interest
Aerial Common Sensor
The conferees note that the restructured Aerial Common
Sensor (ACS) program represents the Army's second and the
Navy's third attempt to replace the Aerial Reconnaissance-Low,
the Guardrail Common Sensor, and the EP-3 systems. Repeated
acquisition failures waste scarce investment resources and
deprive the combatant commands of needed capabilities.
The repeated setbacks demonstrate the need to maintain
discipline with respect to requirements and acquisition
management for the Army and Navy ACS programs.
Given the expenditures of the previously joint ACS
program, the conferees stress the need for energetic oversight
of both the Army and Navy ACS efforts. Therefore, the conferees
direct both the Army and Navy ACS program managers to submit to
the congressional defense and intelligence committees an
Acquisition Program baseline, System Development and
Demonstration exit criteria, and a Capability Development
Document for each program no later than July 1, 2008.
Missile defense test and targets program
The conferees note the importance of the test and targets
program of the Missile Defense Agency (MDA) for the development
and success of the ballistic missile defense program. Congress
has enacted legislation concerning the testing program
repeatedly, and has stressed the need for robust and
operationally realistic testing.
For example, section 234 of the Ronald W. Reagan National
Defense Authorization Act for 2005 (Public Law 108-375)
requires operationally realistic testing of the Ballistic
Missile Defense System (BMDS), and section 234 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163) requires test and evaluation plans to characterize the
operational capability of each block of the BMDS. In section
234 of the National Defense Authorization Act for Fiscal Year
2002 (Public Law 107-107), Congress included a requirement for
``sufficient schedule flexibility and expendable test assets,
including missile interceptors and targets, to ensure that
failed or aborted tests can be repeated in a prudent, but
expeditious manner.'' It also included specific requirements
for the Ground-based Midcourse Defense (GMD) program ``to
establish a flight-test capability of launching not less than
three missile defense interceptors and not less than two
ballistic missile targets to provide a realistic test
infrastructure.''
Congress has also authorized additional resources for
enhanced testing. In the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364),
Congress authorized an increase of $225.0 million for
enhancements to the testing program of the GMD program,
including: $140.0 million for enhanced testing and to increase
the pace of GMD flight testing; $60.0 million for efforts to
accelerate the ability of the GMD system to conduct concurrent
test and operations; and $25.0 million for advance procurement
of an additional six flight test missiles.
In the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163), Congress authorized an increase of
$100.0 million for the GMD program to implement the
recommendations of the MDA Independent Review Team and the
Mission Readiness Task Force to enhance the GMD testing
program.
Despite these repeated and consistent efforts to improve
the missile defense testing program, and to make clear the
requirement for robust, operationally realistic testing that
demonstrates the operational capabilities of our missile
defense systems and provides confidence in the systems, the
conferees note with disappointment that the Missile Defense
Agency has failed to ensure an adequate testing program.
The conferees note that MDA has accomplished successful
flight tests, including intercept tests, over the last 5 years
in each of the near-term missile defense programs, namely the
Patriot PAC-3 system, the Aegis BMD system, the Terminal High
Altitude Area Defense (THAAD) system, and the GMD system. While
these test successes represent significant accomplishments in
extremely complex weapon systems, their testing programs have
also all experienced delays and failures, some because of
shortcomings in the testing and targets program. Much more
testing remains to be done, and the MDA test and targets
program needs to be managed so as to fully support these high
priority near-term programs.
One of the most troubling aspects of the testing program
is the failure of MDA to ensure an adequate number of reliable
targets for the various flight test programs. Over the past 2
years, the conferees have become concerned with the health of
the MDA targets program. The reliability and availability of
the targets program has come into question as targets failed
during two tests, target anomalies occurred during other tests,
and the program was unable to deliver targets on schedule or
within budget, thus forcing MDA to reduce the flight test
schedule of the THAAD system.
Target availability has become the pacing item in the
flight test program, and a target failure in a GMD test in May
of 2007 resulted in MDA completing only one GMD test during the
year. Three flight tests were removed from the THAAD testing
program because targets were not funded. These are serious
problems. Some appear due to MDA not budgeting sufficient
resources for targets, and some appear due to insufficient
management attention.
The conferees are also concerned that MDA's planned
future Flexible Target Family (FTF), a program designed to
increase commonality in target components and subsystems thus
reducing costs and production times, is proceeding at a slower
pace and at greater cost than expected.
For these reasons, the conferees request that the
Government Accountability Office (GAO) initiate a review of the
MDA targets program. The review should include the following
elements:
(1) Determine the number of target failures and
anomalies that have occurred since 2002, their causes,
and their impact on the BMDS;
(2) Assess whether targets are being delivered on time
and if not, the causes of late deliveries;
(3) Assess how MDA estimates the cost of targets and
recoups those costs from BMDS elements;
(4) Assess MDA's risk management and risk reduction
strategies for the targets program;
(5) Determine whether MDA's targets program is
adequately funded over the future-years defense program
to deliver reliable targets on schedule to support the
planned testing program;
(6) Determine the status of MDA's effort to establish
an FTF, including any issues that have slowed its
progress, and whether the FTF program is likely to
correct any of the problems that have occurred in the
targets program; and
(7) Make any recommendations for improvements to the
MDA targets program.
The GAO should work with the Committees on Armed Services
of the Senate and the House of Representatives to define a
reporting timeline for this review.
The conferees believe that MDA should consider, plan, and
budget for a robust testing program--including an adequate
number of reliable targets--that includes salvo launches,
multiple target engagements, multi-mission tests, liquid target
tests, and tests that will stress the systems to determine how
they would perform under real-world operational conditions. The
conferees plan to monitor the testing and targets program
carefully in the coming year.
NSA acquisition management
The Senate report accompanying S. 1547 (S. Rept. 110-77)
directs a series of actions regarding the National Security
Agency's (NSA) transformation programs. The conferees endorse
this direction, but with two modifications.
The Senate report directs that the Director of
Operational Test and Evaluation (DOT&E) exercise oversight over
all major elements of the NSA's Transformation 3.0 activities.
The conferees understand that the Joint Interoperability Test
Command (JITC) is already supporting the NSA's test and
evaluation activities, and directs that JITC be substituted for
the DOT&E in complying with the direction in the Senate report.
The Senate report also mandates that the NSA's
transformation programs may not proceed to Milestone B without
certain certifications to Congress. The conferees agree that
this language should be understood to mean that the
certifications required can be prepared and issued as part of
the Milestone B approval process.
Subtitle A--Authorization of Appropriations
Authorization of appropriations (sec. 201)
The House bill contained a provision (sec. 201) that
would authorize the recommended fiscal year 2008 funding levels
for all research, development, test, and evaluation accounts.
The Senate amendment contained a similar provision (sec.
201).
The conference agreement includes this provision.
Amount for defense science and technology (sec. 202)
The House bill contained a provision (sec. 202) that
would authorize $11,504.3 million for defense science and
technology programs.
The Senate amendment contained a similar provision (sec.
202) that would authorize $11,203.3 million for defense science
and technology programs.
The conferees agree to include a provision that would
authorize $10,913.9 million for defense science and technology
programs.
Subtitle B--Program Requirements, Restrictions, and Limitations
Operational test and evaluation of Future Combat Systems network (sec.
211)
The House bill contained a provision (sec. 211) that
would require an operational test and evaluation of the Future
Combat Systems (FCS) network in a realistic environment
simulating operational conditions. No funds could be obligated
for low-rate initial production or full-rate production of FCS
manned ground vehicles until 60 days after the submission of a
required report on the testing by the Director of Operational
Test and Evaluation (DOT&E). The provision would exclude the
Non-Line-of-Sight Cannon from the funding prohibition.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify
that the test and evaluation of the network would be conducted
in accordance with a FCS Test and Evaluation Master Plan
approved by the DOT&E, that the test and evaluation would be
conducted using prototype equipment, sensors, and software for
the FCS network, and that the prohibited funding subject to
this provision would not include funds for advance procurement
items for FCS manned ground vehicles.
The conferees do not intend to require any additional
testing and evaluation beyond that deemed necessary by the
DOT&E to determine operational effectiveness and suitability of
the network. The conferees also do not intend for that testing
and evaluation to be conducted under any other conditions or in
any other environment than that provided by the location or
locations specified in an approved Test and Evaluation Master
Plan, and within the safety, legal, and electromagnetic
interference constraints of the approved testing location.
The conferees intend that the testing be conducted within
the development and resource constraints of the FCS program.
Additionally, funding for FCS Spin Outs, which do not include
manned ground vehicles as currently defined by the Army, would
not be prohibited under this provision.
Limitation on use of funds for systems development and demonstration of
Joint Light Tactical Vehicle program (sec. 212)
The House bill contained a provision (sec. 212) that
would restrict the obligation of authorized funds for the Joint
Light Tactical Vehicle (JLTV) program beyond its Design
Readiness Review until the congressional defense committees
receive a progress report on the program's compliance with
section 2366a of title 10, United States Code.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment that would
limit the obligation of authorized funds for the JLTV program
beyond the Milestone B decision and system design and
demonstration (SDD) phase until the congressional defense
committees receive and review the Milestone Decision
Authority's required certifications that comply with section
2366a of title 10, United States Code.
The conferees strongly support the JLTV program, but are
concerned that the JLTV program may enter the acquisition phase
of SDD with insufficient knowledge of technology maturity,
requirements, and affordability.
Requirement to obligate and expend funds for development and
procurement of a competitive propulsion system for the Joint
Strike Fighter (sec. 213)
The House bill contained a provision (sec. 213) that
would require the Department of Defense to develop a
competitive propulsion system for the Joint Strike Fighter
(JSF) aircraft. The House language was not explicit on the
issue of permitting a winner-take-all down select at the time
the alternate engine is ready for production.
The Senate amendment contained a similar provision (sec.
213). The Senate provision would explicitly require, however,
that competition continue throughout the production phase of
the JSF program.
The conferees agree to include language that would
require the Department of Defense to: (1) develop a competitive
propulsion system for the JSF aircraft; and (2) continue
competition for the propulsion system throughout the production
phase of the JSF program.
Limitation on use of funds for defense-wide manufacturing science and
technology program (sec. 214)
The House bill contained a provision (sec. 214) that
would restrict the use of funds for the manufacturing science
and technology program, unless competitive procedures were used
in project awards; projects were carried out in a manner that
was consistent with statute and directives; and a formal
technology transition agreement was executed for each project.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Department of Defense to solicit competitive proposals for
funding under the program, and would replace the requirement
for a formal technology transition agreement with a requirement
for an implementation plan.
The conferees believe that the manufacturing science and
technology program should invest in higher risk efforts aimed
more at developing next generation or cross-cutting
capabilities than those currently being pursued in the
manufacturing technology programs of the services and agencies.
Advanced sensor applications program (sec. 215)
The Senate amendment contained a provision (sec. 211)
that would require that $20.0 million in funds authorized and
appropriated for the Foreign Materials Acquisition and
Exploitation program and for activities of the Office of
Special Technology be allocated to the Advance Sensor
Applications Program (ASAP). That provision would have also
required that management oversight of the program be
transferred to the Defense Threat Reduction Agency.
The House bill contained no similar provision.
The House recedes with an amendment that would require
that $13.0 million in funds authorized and appropriated for
activities of the Intelligence Systems Support Office and $5.0
million of operation and maintenance funds from the office of
the Director of Naval Intelligence be allocated to the ASAP
program. The modified provision would also require that the
management oversight of the program remain within the office of
the Under Secretary of Defense for Intelligence until certain
conditions as specified in the classified annex to this report
are met.
Active protection systems (sec. 216)
The Senate amendment contained a provision (sec. 212)
that would require comparative live-fire tests and a
comprehensive assessment of active protection systems.
The House bill contained no similar provision.
The House recedes with an amendment that would emphasize
the need to perform live-fire tests of systems that are
suitable for use on tactical wheeled vehicles, especially light
tactical wheeled vehicles, and specify that the source of
funding for the test should be the Joint Improvised Explosive
Device Defeat Fund.
Subtitle C--Ballistic Missile Defense
Participation of Director, Operational Test and Evaluation, in missile
defense test and evaluation activities (sec. 221)
The House bill contained a provision (sec. 221) that
would require that the Director of Operational Test and
Evaluation have access to certain operational test and
evaluation information of the Missile Defense Agency pertaining
to any major defense acquisition program.
The Senate amendment contained a similar provision (sec.
234) that would amend title 10, United States Code, to ensure
that the Director of Operational Test and Evaluation has access
to missile defense test and evaluation information of the
Missile Defense Agency.
The House recedes with a clarifying amendment.
Study on future roles and missions of the Missile Defense Agency (sec.
222)
The House bill contained a provision (sec. 222(d), (e),
(f)) that would require an independent study of the future
structure, roles, and missions of the Missile Defense Agency,
including its relationship with other entities of the
Department of Defense. The study would also make
recommendations on the future structure, roles, and missions of
the Missile Defense Agency.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would add
several matters to be included in the study, including: the
operation and sustainment of missile defenses; the missile
defense acquisition process; the missile defense requirements
process; and the transition and transfer of missile defense
capabilities to the military departments. The Senate amendment
would also clarify the scope of the recommendations to be
included in the study.
Budget and acquisition requirements for Missile Defense Agency
activities (sec. 223)
The House bill contained a provision (sec. 222(a), (b),
(c)) that would require the Missile Defense Agency (MDA) to
request operation and maintenance (O&M) funds for any operation
and support activities in its fiscal year 2009 budget request.
It would also require MDA to submit a plan, no later than March
1, 2008, for transitioning MDA from using research,
development, test, and evaluation (RDT&E) funds for missile
defense fielding activities to using procurement funds for such
activities. The provision would also require an independent
study of the future roles and missions of MDA.
The Senate amendment contained a similar provision (sec.
233) that would require MDA, starting with its budget
submission for fiscal year 2009, to request separate amounts
for RDT&E, procurement, O&M, and military construction. The
provision would also establish objectives and requirements for
improving transparency, accountability, and oversight of MDA
acquisition activities.
The House recedes with an amendment that would combine
the budget and acquisition provisions of the two bills to
establish future budget and acquisition requirements for MDA.
The issue of an independent study of the future roles and
missions of MDA is described elsewhere in this report.
The agreed provision would require MDA to revise its
budget structure to transition to the use of all the normal
categories of funding in fiscal year 2010 (RDT&E, procurement,
O&M, and military construction), instead of using exclusively
RDT&E funds for all activities. In fiscal year 2009 the MDA
budget request would include, in addition to RDT&E funds,
military construction funds and procurement funds for long lead
items, including for Terminal High Altitude Area Defense firing
units 3 and 4, and for Standard Missile-3 Block IA
interceptors. The provision would provide defined authority for
MDA to use RDT&E funds in fiscal year 2009 for fielding of
missile defense capabilities previously approved by Congress.
The provision would direct MDA to submit to Congress by
March 1, 2008, its plan to transition from using exclusively
RDT&E funding to using procurement, O&M, military construction,
and RDT&E funds, as well as its plan for transitioning from
incremental funding to full funding in fiscal years after
fiscal year 2010. The conferees note that over the long term,
it is likely more cost-effective and less expensive to fully
fund assets than to fund them incrementally over several years.
The conferees are aware that the missile defense
capabilities developed and fielded by MDA have been funded on
an incremental funding basis, using RDT&E funds, since 2002. As
MDA transitions from exclusively RDT&E funding to procurement
and other funding, the conferees understand that it will take
time for MDA to transition from incremental funding to full
funding of fielded capabilities. Consequently, the conference
agreement would provide MDA with the authority to use
procurement funds for fiscal years 2009 and 2010 to field
missile defense capabilities on an incremental funding basis,
without any requirement for full funding.
The conferees understand that MDA may seek to use
incremental funding after fiscal year 2010 to continue fielding
specific missile defense capabilities. Congress will consider a
request for additional authority for incremental funding of a
specific program or capability in fiscal years after 2010 if
the Department of Defense makes such a request in a future
budget request. The conferees caution the Department that this
additional authority will be considered on a limited, case-by-
case basis, and expect that future missile defense programs
will be funded in a manner more consistent with other
acquisition programs of the Department of Defense.
The conferees expect MDA to continue to place high
priority attention and resources on fielding the near-term
missile defense capabilities previously approved by Congress,
namely Ground-based Interceptors, the Aegis Ballistic Missile
Defense program and its Standard Missile-3 interceptors, and
the Terminal High Altitude Area Defense program, and to make
every effort to keep these programs on schedule.
Limitation on use of funds for replacing warhead on SM-3 Block IIA
missile (sec. 224)
The House bill contained a provision (sec. 223) that
would prohibit the use of funds authorized to be appropriated
in this Act to replace the currently planned unitary warhead
for the Standard Missile-3 (SM-3) Block IIA interceptor missile
with a multiple kill vehicle (MKV) warhead until after the
Secretary of Defense certifies that two conditions have been
met: (1) the United States and Japan have reached agreement to
replace the unitary kill vehicle with an MKV; and (2) replacing
the unitary kill vehicle on the SM-3 Block IIA missile with an
MKV will not delay the expected deployment date of that SM-3
missile.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees note that the Missile Defense Agency (MDA)
has indicated an interest in replacing the unitary kill vehicle
development program, which is specified in the agreement with
Japan, with a new MKV development program. This would have
undermined the agreed program of cooperation between the United
States and Japan on joint development of the SM-3 Block IIA
interceptor missile. It is important to support the joint
development program in accordance with the agreed program of
record, which currently specifies a unitary kill vehicle.
This provision does not restrict the MDA from conducting
research, development, analysis, or testing of MKV
technologies, including those which could be used in the future
with the SM-3 Block IIA missile. It also does not restrict MDA
from conducting analysis and discussions with Japanese
officials to consider the possibility of including MKV on the
SM-3 Block IIA.
Extension of Comptroller General assessments of ballistic missile
defense programs (sec. 225)
The House bill contained a provision (sec. 224) that
would extend by 2 years the period for which the Government
Accountability Office (GAO) would review the programs of the
Missile Defense Agency.
The Senate amendment contained a similar provision (sec.
235) that would extend by 5 years the period for which the GAO
would review the programs of the Missile Defense Agency.
The House recedes.
The conferees note that the annual reviews and reports of
the GAO on missile defense programs have proven very useful to
Congress in providing detailed oversight and recommendations.
The conferees value the work of the GAO, and note the
importance of the Department of Defense and the Missile Defense
Agency providing information to GAO in a timely and responsive
manner to facilitate their review of, and reporting to Congress
on, ballistic missile defense programs.
Limitation on availability of funds for procurement, construction, and
deployment of missile defenses in Europe (sec. 226)
The House bill contained a provision (sec. 225) that
would require an independent assessment of the proposed
deployment of Ground-based Midcourse Defense interceptors and
associated radars in Europe, and would require an assessment of
alternatives to that proposed deployment.
The Senate amendment contained a related provision (sec.
231) that would limit the obligation of fiscal year 2008 funds
for procurement, site activation, construction, preparation of
equipment for, or deployment of the proposed European
deployment until two conditions are met: (1) the Governments of
Poland and the Czech Republic have given final approval to
bilateral missile defense deployment agreements negotiated with
the United States; and (2) 45 days have elapsed after Congress
receives an independent assessment of options for missile
defense in Europe. The provision would also limit the
availability of fiscal year 2008 funds for the acquisition or
deployment of operational interceptor missiles for the proposed
European deployment until the Secretary of Defense certifies
that the 2-stage interceptor proposed for deployment in Europe
has demonstrated, through successful, operationally realistic
flight testing, a high probability of working in an
operationally effective manner. The provision would also
require an independent assessment of specified options for
missile defense in Europe. The provision would not limit the
availability of fiscal year 2008 funds for activities not
otherwise limited by the provision, including site surveys,
studies, analyses, and planning and design for the proposed
missile defense deployment in Europe.
The House recedes with an amendment that would combine
the elements of the two provisions.
The conferees note that the administration requested
fiscal year 2008 funds to begin construction for the proposed
missile defense deployment before it began negotiations on
deployment with either Poland or the Czech Republic. The
conferees believe it is premature to seek construction funds
before even negotiating agreements with Poland and the Czech
Republic, and have authorized reduced funding accordingly.
The conferees observe that, if the Governments of Poland
and the Czech Republic give final approval to any successfully
negotiated deployment agreements during fiscal year 2008, the
Department of Defense will have the option of submitting a
reprogramming request for site activation and construction
funds.
The administration's proposed deployment is intended to
address a potential future long-range missile threat from Iran
to the U.S. homeland and to Europe. While this potential threat
may or may not emerge by 2015, Iran already has the largest
inventory of short- and medium-range ballistic missiles in the
Middle East, and these missiles currently pose a threat to
forward-deployed forces of the United States and to its allies
and other friendly nations in the region.
As enacted by section 223 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364), ``it is the policy of the United States that the
Department of Defense accord a priority within the missile
defense program to the development, testing, fielding, and
improvement of effective near-term missile defense
capabilities.'' The conferees believe that, consistent with
this policy, it is essential to focus on developing, testing,
and deploying effective, near-term missile defense capabilities
to defend against these existing missile threats.
The Commander of the Joint Forces Component Command for
Integrated Missile Defense, a component of United States
Strategic Command, informed Congress that in order to fulfill
the combatant commanders' operational requirements to defend
against existing short- and medium-range missile threats the
U.S. would require almost twice the number of Terminal High
Altitude Area Defense (THAAD) and Standard Missile-3 (SM-3)
interceptors as currently planned for and budgeted. The
independent assessment required in this provision will examine
the full range of threats and missile defense options to meet
these threats, including the THAAD and SM-3 systems.
The conferees strongly support the need to work closely
with our North Atlantic Treaty Organization (NATO) allies,
including Poland and the Czech Republic, to defend against the
mutual threats we face, including ballistic missile threats. In
this regard, there are several key principles that should guide
the proposed missile defense deployment in Europe.
First, NATO must play a central role with regard to
future discussions on European missile defense. To the extent
the proposed deployment is placed in a larger NATO context,
NATO is more likely to be supportive. The conferees encourage
NATO to accelerate its efforts to acquire wide area missile
defense capabilities against short- and medium-range missile
threats.
Second, any future long-range U.S. missile defense system
deployed in Europe should, to the maximum extent possible, be
integrated and fully interoperable with the missile defense
systems that NATO is developing for deployment. Since NATO is
expected to begin deploying an initial capability in 2010, this
will require a clear understanding of the planned capabilities
and the command and control arrangements for the systems of
NATO and of the United States.
Third, it is imperative that any U.S. missile defense
system deployed to protect our forward-deployed forces and NATO
allies in Europe be part of a larger network of systems that
defends all such allies, and must not leave the territory of
certain allies unprotected against short- and medium-range
missile threats. The proposed U.S. system would leave parts of
NATO's southeastern region unprotected, thus requiring other
systems, such as those mentioned above, to provide full
protection. As the NATO Secretary General has indicated, the
indivisibility of alliance security is a principle on which
there can be no compromise.
Sense of Congress on missile defense cooperation with Israel (sec. 227)
The House bill contained a provision (sec. 228) that
would require the Secretary of Defense to expand the U.S.
ballistic missile defense system to better integrate with the
Israeli ballistic missile defense system, and also would
require the Secretary to submit a report on the status of
integrating U.S. and Israeli missile defense systems. The
provision would also authorize funding for a variety of missile
defense programs to assist Israel's defensive capability.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that expresses the
sense of Congress that the United States should have an active
program of ballistic missile defense cooperation with Israel,
and should take steps to improve the coordination,
interoperability, and integration of their missile defense
capabilities, and enhance their capability to defend against
ballistic missile threats present in the Middle East region.
The amendment would also require the Secretary of Defense to
submit to the congressional defense committees a report that
describes in detail the program of missile defense cooperation
between the United States and Israel, including plans for
future capability enhancement.
The conferees note that the United States and Israel have
a long-standing program of cooperation on ballistic missile
defense, including joint development of technology like the
Arrow interceptor missile, and joint missile defense testing
and exercises. This cooperation continues to serve the security
interests of both nations.
The conferees are aware that Israel is considering a
follow-on system for the Arrow Weapon System that would provide
better defensive capability against faster, higher, and more
challenging missiles than Arrow can currently provide. The
conferees encourage Israel and the Missile Defense Agency to
evaluate the possibility of using the U.S. Terminal High
Altitude Area Defense (THAAD) system, or a land-based version
of the Standard Missile-3, as a successor to Arrow. If either
or both of these systems could provide the desired level of
defensive protection, it would be much more cost-effective and
less expensive than developing a new Arrow system.
Limitation on availability of funds for deployment of missile defense
interceptors in Alaska (sec. 228)
The Senate amendment contained a provision (sec. 232)
that would limit the availability of funds authorized in this
Act to deploy more than 40 Ground-Based Interceptors at Fort
Greely, Alaska, until the Secretary of Defense submits a
certification that the Block 2006 Ground-based Midcourse
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.
The House bill contained no similar provision.
The House recedes.
Policy of the United States on protection of the United States and its
allies against Iranian ballistic missiles (sec. 229)
The Senate amendment contained a provision (sec. 1218)
that would state the policy of the United States to develop and
deploy, in conjunction with its allies and other nations
whenever possible, an effective defense against Iranian
ballistic missiles that threaten forward-deployed forces of the
United States and its North Atlantic Treaty Organization (NATO)
allies in Europe, and which could eventually pose a threat to
the United States homeland. The provision would also make it
the policy of the United States to proceed with the development
of such defenses so that any missile defenses fielded by the
United States in Europe are integrated with or complementary to
missile defense capabilities fielded by NATO.
The House bill contained no similar provision.
The House recedes with an amendment that would add a
policy statement to encourage NATO to accelerate its efforts to
acquire missile defense capabilities to defend NATO territory
against the existing threat of Iranian short- and medium-range
ballistic missiles, including wide-area defense. It also
includes references to other allies and friendly nations in the
region.
Subtitle D--Other Matters
Coordination of human systems integration activities related to
acquisition programs (sec. 231)
The House bill contained a provision (sec. 231) that
would require the designation of a senior official to be
responsible for human systems integration (HSI) activities
throughout acquisition programs, supervise such activities,
recommend resource requirements for such activities, and
develop a departmental instruction, and possibly directive,
relating to HSI.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the designation of a senior official to coordinate HSI
activities related to acquisition programs and eliminate the
statutory requirement for the development of a specific
directive or instruction on HSI.
The conferees note that the Department of Defense (DOD)
April 2006 report to Congress entitled ``Human Systems
Integration Activity in DOD Acquisition Programs'' concluded
that ``. . . a sound HSI strategy in acquisition is a highly
effective method of both saving the Department significant
costs during the life cycle of systems and improving system
performance,'' but also found that business practices in this
area ``. . . are not mature and consistent across DOD.'' It
further concluded that effectiveness of HSI is improved by the
``institutionalization and standardization of assessment
methods and modeling tools across DOD.''
The conferees believe that this area should continue to
be a high priority within the Department and believe that this
provision will support efforts at the effective coordination
and prioritization of HSI efforts. The conferees urge the
Department to continue to invigorate and invest in HSI
activities throughout acquisition programs, including in
science and technology programs.
The conferees note the Department's failure to satisfy
the reporting requirement set out in the Committee on Armed
Services of the House of Representatives report to accompany
the National Defense Authorization Act for Fiscal Year 2006 (H.
Rpt. 109-89), and that a comprehensive review of HSI is over 1
year late. Therefore, to improve DOD responsiveness and intra-
departmental coordination, the conferees believe designation of
a senior official to coordinate and develop HSI-related
activities and methodologies is necessary. The conferees direct
the designated official to develop and report on a timeline and
plan to satisfy outstanding report and assessment requirements.
Expansion of authority for provision of laboratory facilities,
services, and equipment (sec. 232)
The House bill contained a provision (sec. 232) that
would authorize defense laboratories to provide facilities,
services, and equipment through leases, contracts, or other
arrangements to private sector entities. It would also permit
defense laboratories to receive fees and in-kind payments for
these activities and to deposit those fees into appropriate
accounts of the laboratory.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify
existing authority regarding the provision of samples,
drawings, and other services to private sector persons or
entities. The amendment would broaden these existing
authorities to enable the Department of Defense to make
available, under regulations prescribed by the Secretary of
Defense, facilities, services, and equipment, as long as that
availability would not place the Department in direct
competition with the domestic private sector, and does not
involve in-kind payments for services provided.
The conferees are supportive of efforts that will improve
the quality of the defense laboratories and increase their
ability to perform their designated missions effectively and
efficiently. The conferees believe that the taxpayer-funded
infrastructure managed by the Department of Defense should be
utilized to support private sector activities when in the
interest of national defense. The conferees expect that such
support should not displace defense activities or create
situations in which the government is in competition with
elements of the private sector.
The conferees anticipate that the Secretary of Defense
will promulgate regulations for the utilization of this
authority that adequately protect both the government's and the
private sector's interests through the establishment of
appropriate safeguards. The conferees further expect to be kept
informed of progress in the establishment of this regulatory
framework, lessons learned through the use of this new
authority, specific benefits to the Department that are
resulting from its use, and any difficulties encountered in its
execution.
Modification of cost sharing requirement for Technology Transition
Initiative (sec. 233)
The Senate amendment contained a provision (sec. 252)
that would modify the cost sharing requirements in the
Technology Transition Initiative.
The House bill contained no similar provision.
The House recedes.
Report on implementation of Manufacturing Technology Program (sec. 234)
The House bill contained a provision (sec. 235) that
would require a report on the implementation of the
technologies and processes developed under the Manufacturing
Technology Program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify
the reporting requirement to include assessments of performance
enhancements attributable to the Manufacturing Technology
Program and related investments, and to modify the time period
covered by the implementation analyses.
The conferees intend that the analyses and reporting
required by the report should include all projects which
received funding from a service or Defense Agency Manufacturing
Technology Program in fiscal years 2003, 2004, or 2005,
including projects which were initiated prior to 2003.
Assessment of sufficiency of test and evaluation personnel (sec. 235)
The House bill contained a provision (sec. 236) that
would require an assessment of the sufficiency of the workforce
of the Office of the Director of Operational Test and
Evaluation.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees are supportive of efforts to assess
accurately the required size and technical skill mix of the
workforce necessary to fulfill the important statutory role of
the Office of the Director of Operational Test and Evaluation.
The conferees are concerned, however, that the organization is
heavily reliant on contractor support. Therefore, the conferees
expect that this assessment will also address the appropriate
balance between government personnel and contractor support in
the organization, given its critical, independent oversight
role.
Repeal of requirement for separate reports on technology area review
and assessment summaries (sec. 236)
The House bill contained a provision (sec. 237) that
would repeal the statutory requirement for a report to Congress
that summarizes the Director of Defense Research and
Engineering's Technology Area Review and Assessment (TARA).
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees note that the role of the Director of
Defense Research and Engineering (DDR&E) in coordinating the
science and technology (S&T) programs of the military services,
defense agencies, Special Operations Command, other
departmental organizations, and other federal agencies is
critical to the efficient and effective execution of the
Department of Defense's overall S&T strategy. Further, the
Defense Science Board in its October 2005 report ``The Roles
and Authorities of the Director of Defense Research and
Engineering'' noted that ``. . . the DDR&E should be tasked to
assure that all research and development organizations are
implementing the strategic technology guidance of the
Department.''
The conferees further note that the TARA process has been
replaced by a combination of S&T collaborative reviews, forward
looking assessments, and technology focus teams, under the
newly established Reliance 21 process. The conferees support
any efforts to improve the coordination and execution of the
S&T program and expect the Department to keep the congressional
defense committees informed of the maturity and effectiveness
of the new processes, as well as outcomes, when appropriate, of
specific technical reviews and assessments.
Modification of notice and wait requirement for obligation of funds for
foreign comparative test program (sec. 237)
The Senate amendment contained a provision (sec. 251)
that would shorten the notice and wait time required for the
obligation of funds in the Foreign Comparative Test program.
The House bill contained no similar provision.
The House recedes.
Strategic plan for the Manufacturing Technology Program (sec. 238)
The Senate amendment contained a provision (sec. 253)
that would require the development of a strategic plan for the
Manufacturing Technology Program.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
the time period covered by the plan and modify the requirements
for development of the plan and for its submission to Congress.
The conferees are supportive of the efforts of the
Manufacturing Technology Program to enhance the producibility,
improve the performance, and increase the affordability of
defense systems. The conferees note that the Defense Science
Board, in its recent study entitled, ``The Manufacturing
Technology Program: A Key to Affordably Equipping the Future
Force'' recommended that the Department of Defense ``ensure
implementation'' of the Manufacturing Technology Program
strategic plan and investment strategy ``with periodic reviews
of plan execution.'' The conferees believe that this provision,
as well as other manufacturing-related provisions adopted by
the conferees, are consistent with that recommendation and
would support efforts to identify best practices that can be
used in making future manufacturing technology investments and
transitioning technologies to the defense industrial base.
Modification of authorities on coordination of Defense Experimental
Program to Stimulate Competitive Research with similar federal
programs (sec. 239)
The Senate amendment contained a provision (sec. 254)
that would give the Department of Defense more flexibility in
its execution of the Defense Experimental Program to Stimulate
Competitive Research.
The House bill contained no similar provision.
The House recedes.
Enhancement of defense nanotechnology research and development program
(sec. 240)
The Senate amendment contained a provision (sec. 255)
that would update the program and reporting requirements for
the defense nanotechnology research program.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
activities and interagency coordination efforts under the
program and eliminate the requirement for a Comptroller General
study of the program.
The conferees believe that nanotechnology can enable
novel future military capabilities if research efforts can be
matured into battlefield applications. This type of technology
transition is difficult for all technologies, and will be
difficult for nanotechnology as well. The conferees believe
that the Department of Defense should begin to anticipate and
address future technology transition issues, such as
manufacturing of nanosystems and developing a sustainable
nanotechnology industrial base.
The conferees further see the value in supporting
government-wide efforts as part of the National Nanotechnology
Initiative and therefore direct the Department to participate
in all appropriate interagency activities, including providing
appropriate resources to support its involvement in those
activities.
Federally funded research and development center assessment of the
Defense Experimental Program to Stimulate Competitive Research
(sec. 241)
The Senate amendment contained a provision (sec. 256)
that would require an assessment by the Comptroller General of
the Defense Experimental Program to Stimulate Competitive
Research.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to utilize a defense federally funded
research and development center for an independent assessment
of the Defense Experimental Program to Stimulate Competitive
Research.
Cost-benefit analysis of proposed funding reduction for High Energy
Laser Systems Test Facility (sec. 242)
The Senate amendment contained a provision (sec. 258)
that would require a cost-benefit analysis of the proposed
funding reduction for the High Energy Laser Test Facility.
The House bill contained no similar provision.
The House recedes.
Prompt global strike (sec. 243)
The House bill contained a provision (sec. 124) that
would prohibit the Department of Defense (DOD) from obligating
or expending any fiscal year 2008 funds for operational
deployment of a weapons system that uses Trident missiles
converted to carry conventional payloads. The provision would
also direct the Secretary of Defense to notify the
congressional defense committees within 30 days after the date
on which he determines such a weapons system is fully
functional and is necessary to meet military requirements.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would direct
the Secretary of Defense to prepare and submit to the
congressional defense committees a research, development, and
test plan for capabilities that could be used in prompt global
strike (PGS) systems. Further, the amendment would direct the
Under Secretary of Defense for Acquisition, Technology, and
Logistics to submit a plan for obligation and expenditure of
funds for fiscal year 2008, and would prohibit implementation
of that plan until at least 10 days after it is submitted to
the congressional defense committees.
The conferees provide no funds for the Conventional
Trident Modification (CTM) program. This limitation on the CTM
program does not preclude continued research, development,
test, and evaluation on subsystems or technologies previously
pursued under the CTM program if applicable to other PGS
alternatives or use of the Trident D5 as a test platform.
The conferees have consolidated funding requested by the
Navy for CTM and funds requested by the Air Force for the
Common Aero Vehicle (CAV) into PE 64165D8Z to be used to
establish an integrated PGS program. Requirements for the
program should be provided by the United States Strategic
Command as informed by the ongoing analysis of alternatives for
PGS and the PGS technology road map.
The conferees look to the PGS program to conduct research
and development in a wide variety of technology areas including
propulsion systems, advanced payload delivery and dispensing
mechanisms, system command and control, and non-nuclear,
kinetic and non-kinetic payloads.
The conferees note the value of developing conventional
prompt global strike capabilities that may be needed for time-
sensitive operations. Conventional prompt global strike
capabilities would also continue the post-Cold War trend of
reducing U.S. reliance on nuclear weapons by providing the
President with a wider variety of viable non-nuclear strike
options.
The conferees remain concerned about prompt global strike
concepts that would employ a mixed loading of nuclear and non-
nuclear systems and believe that DOD should carefully address
these ambiguity concerns.
Legislative Provisions Not Adopted
Gulf War illnesses research
The Senate amendment contained a provision (sec. 214)
that would authorize a $15.0 million increase for Gulf War
illnesses research.
The House bill contained no similar provision.
The Senate recedes.
The conference outcome is reflected in the tables of this
report in Research, Development, Test, and Evaluation, Army, PE
63002A.
The conferees direct the Secretary of the Army to utilize
the authorized funding for this program to undertake research
on Gulf War illnesses. The conferees direct that activities
under the program should include studies of treatments for the
complex of symptoms commonly referred to as ``Gulf War
Illness''; and identification of objective markers for Gulf War
Illness. The conferees recommend that no studies based on
psychiatric illness and psychological stress as the central
cause of Gulf War Illness be funded under the program. The
conferees direct that the program be conducted using
competitive selection and peer review for the identification of
research with the highest technical merit and military value.
Further, the conferees direct that this program be coordinated
with similar activities in the Department of Veterans Affairs
and the National Institutes of Health.
Increased funds for X Lab battlespace laboratory
The House bill contained a provision (sec. 227) that
would authorize an increase of $10.0 million for the X Lab
battlespace laboratory.
The Senate amendment contained no similar provision.
The House recedes.
The conference outcome is reflected in the tables of this
report in Research, Development, Test, and Evaluation (RDT&E),
Defense-wide, line 30.
Modeling, analysis, and simulation of military and non-military
operations in complex urban environments
The House bill contained a provision (sec. 238) that
would express findings of Congress relating to modeling and
simulation of urban environments.
The Senate amendment contained no similar provision.
The House recedes.
The conferees believe that modeling and simulation
activities hold the promise of improving defense capabilities
across the spectrum of missions and have adopted a provision
elsewhere in this bill that reflects the high priority that
these activities should have. The conferees believe that
modeling and simulation activities show significant promise in
improving military and non-military capabilities for operating
in complex urban environments.
Reduction of amounts for Army Venture Capital Fund demonstration
The House bill contained a provision (sec. 233) that
would authorize a decrease of $10.0 million for the Army
Venture Capital Fund demonstration.
The Senate amendment contained no similar provision.
The House recedes.
The conference outcome is reflected in the tables of this
report in Research, Development, Test, and Evaluation, Army, PE
63125A.
Sense of Congress concerning full support for development and fielding
of a layered ballistic missile defense
The House bill included a provision (sec. 226) that would
express the sense of Congress concerning support for
development and fielding of a layered ballistic missile defense
system.
The Senate amendment contained no similar provision.
The House recedes.
TITLE III--OPERATION AND MAINTENANCE
Operation and maintenance overview
The budget request included $142.8 billion for operation
and maintenance for the Department of Defense.
The House bill would authorize $142.5 billion for
operation and maintenance.
The Senate amendment would authorize $143.6 billion for
operation and maintenance.
The conferees agree to authorize $142.8 billion for
operation and maintenance for the Department of Defense.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
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Subtitle A--Authorization of Appropriations
Operation and maintenance funding (sec. 301)
The House bill contained a provision (sec. 301) that
would authorize fiscal year 2008 funding levels for all
operation and maintenance accounts.
The Senate amendment contained a similar provision (sec.
301).
The conference agreement includes this provision.
Subtitle B--Environmental Provisions
Reimbursement of Environmental Protection Agency for certain costs in
connection with Moses Lake Wellfield Superfund Site, Moses
Lake, Washington (sec. 311)
The House bill contained a provision (sec. 311) that
would authorize the Secretary of Defense to reimburse the
Environmental Protection Agency for certain costs in connection
with the Moses Lake Wellfield Superfund Site, Moses Lake,
Washington.
The Senate amendment contained a similar provision (sec.
311).
The House recedes.
Reimbursement of Environmental Protection Agency for certain costs in
connection with the Arctic Surplus Superfund Site, Fairbanks,
Alaska (sec. 312)
The House bill contained a provision (sec. 312) that
would authorize the Secretary of Defense to reimburse the
Environmental Protection Agency for certain costs in connection
with the Arctic Surplus Superfund Site, Fairbanks, Alaska.
The Senate amendment contained a similar provision (sec.
312).
The House recedes.
Payment to Environmental Protection Agency of stipulated penalties in
connection with Jackson Park Housing Complex, Washington (sec.
313)
The House bill contained a provision (sec. 313) that
would authorize the Secretary of the Navy to pay a stipulated
penalty assessed by the Environmental Protection Agency against
the Jackson Park Housing Complex, Washington.
The Senate amendment contained a similar provision (sec.
313).
The House recedes.
Report on control of the brown tree snake (sec. 314)
The Senate amendment contained a provision (sec. 314)
that would require a report from the Secretary of Defense on
the Department's efforts to control the brown tree snake on
Guam and prevent its introduction to other areas.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to include in this report the results
of management, control, and eradication efforts through
integrated natural resource management plans prepared for
military installations in Guam under the pilot program
authorized by section 670a(g) of title 16, United States Code.
The amendment would also require, as part of the Secretary's
report, information on the Department's actions to implement
the recommendations of the Brown Treesnake Review Panel in its
final report published in March 2005.
Notification of certain residents and civilian employees at Camp
Lejeune, North Carolina, of exposure to drinking water
contamination (sec. 315)
The Senate amendment contained a provision (sec. 1082)
that would require the Secretary of the Navy to take certain
steps with regard to individuals who may have been exposed to
drinking water contamination at Camp Lejeune, North Carolina.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the Secretary of the Navy to use available funds to pay for the
health survey required by the provision.
Subtitle C--Workplace and Depot Issues
Availability of funds in Defense Information Systems Agency working
capital fund for technology upgrades to Defense Information
Systems Network (sec. 321)
The Senate amendment contained a provision (sec. 321)
that would authorize the Defense Information Systems Agency to
use up to $500,000 of working capital funds to pay for any
project directly related to technology upgrades to the Defense
Information System Network.
The House bill contained no similar provision.
The House recedes with an amendment that would provide
this authority notwithstanding section 2208 of title 10, United
States Code, and clarifies the limitation on its use with
respect to changing a system's performance envelope.
Modification to public-private competition requirements before
conversion to contractor performance (sec. 322)
The House bill contained a provision (sec. 324) that
would modify the provisions of section 2461 of title 10, United
States Code, regarding the requirements for public-private
competition for the performance of a function.
The Senate amendment contained an identical provision
(sec. 365). The conference agreement includes this provision.
Public-private competition at end of period specified in performance
agreement not required (sec. 323)
The House bill contained a provision (sec. 325) that
would override the requirement in Office of Management and
Budget Circular A-76 that all work awarded to federal employees
pursuant to a public-private competition be recompeted at the
end of the period specified in the performance agreement.
The Senate amendment contained a similar provision (sec.
370).
The House recedes.
The conferees note that this provision would give
Department of Defense managers discretion to determine whether
it is in the interest of the Department of Defense to conduct a
follow-on competition at the end of the period specified in the
performance agreement. Nothing in this provision would prohibit
the conduct of such a competition, if it were determined to be
in the Department's interest.
Guidelines on insourcing new and contracted out functions (sec. 324)
The House bill contained a provision (sec. 326) that
would require the Under Secretary of Defense for Personnel and
Readiness to establish guidelines and procedures for ensuring
that full consideration is given to using federal employees to
perform new functions and other categories of work that would
otherwise be performed under contract.
The Senate amendment contained a similar provision (sec.
368).
The Senate recedes with an amendment that would eliminate
language prohibiting the Department of Defense from initiating
any new public-private competitions until the guidelines and
procedures are issued. The amendment would require the
Inspector General of the Department of Defense to report to the
Committees on Armed Services of the Senate and the House of
Representatives on the compliance of the Secretary of Defense
with the requirements of this section.
Restriction on Office of Management and Budget influence over
Department of Defense public-private competitions (sec. 325)
The House bill contained a provision (sec. 328) that
would prohibit the Office of Management and Budget (OMB) from
directing or requiring the Secretary of Defense or the
secretary of a military department to undertake a particular
public-private competition under OMB Circular A-76.
The Senate amendment contained a similar provision (sec.
369).
The Senate recedes with an amendment that would strike
the requirement that the Secretary of Defense suspend public-
private competitions under OMB Circular A-76 and substitute a
requirement that the Inspector General conduct a comprehensive
review of the compliance of the Secretary of Defense and the
secretaries of the military departments with the requirements
of the provision.
The conferees remain concerned about efforts by OMB to
intervene in internal Department of Defense (DOD) decisions
regarding how the Department should best be staffed to carry
out its vital national security functions. Most recently, the
Deputy Director of OMB sent a memorandum to the Deputy
Secretary of Defense complaining that the Department of the
Army had not subjected a large enough number of federal
employee positions to public-private competition and that DOD
had classified too many positions as being inappropriate for
public-private competition. The OMB memorandum further urged
DOD to actively review positions in the intelligence community
for possible public-private competition.
The conferees agree that decisions about which functions
should be performed by DOD employees in the interest of
national security are best made by the Department of Defense.
In recent years the DOD budget has grown dramatically as the
Department has taken on substantial new burdens in the global
war on terrorism. The Department of the Army and the defense
intelligence agencies bear a particularly heavy share of these
burdens. Under these circumstances, the conferees believe that
DOD decisions regarding the structure of the civilian workforce
required to meet national defense needs should be made without
outside interference. Accordingly, the conferees direct the
Secretary of Defense to make these decisions on the merits,
without regard to any views that may be expressed by OMB
officials.
Bid protests by federal employees in actions under Office of Management
and Budget Circular A-76 (sec. 326)
The House bill contained a provision (sec. 329) that
would give federal employees the same right to appeal the
outcome of a public-private competition that contractors
competing against those employees already have.
The Senate amendment contained an identical provision
(sec. 366). The conference agreement includes this provision.
The conferees note that this provision applies to a
protest of an agency decision that was made after the date of
the enactment of this Act, even if the competition, study, or
analysis which formed the basis for such decision was initiated
prior to the date of enactment.
Public-private competition required before conversion to contractor
performance (sec. 327)
The House bill contained a provision (sec. 330) that
would extend government-wide certain provisions regarding
public-private competitions conducted by the Department of
Defense.
The Senate amendment contained an identical provision
(sec. 367). The conference agreement includes this provision.
Extension of authority for Army industrial facilities to engage in
cooperative activities with non-Army entities (sec. 328)
The Senate amendment contained a provision (sec. 341)
that would amend section 4544 of title 10, United States Code,
to extend until September 30, 2014, the authority for any
working capital funded Army industrial facility to enter into a
contract or cooperative arrangement with a non-Army entity to
carry out specified military or commercial projects. This
provision would also provide for an annual report by the
Secretary of the Army explaining how the Army is using this
extended authority, and would require the Army to submit a
business case analysis on the advisability of making this
authority permanent.
The House bill contained no similar provision.
The House recedes.
Reauthorization and modification of multi-trades demonstration project
(sec. 329)
The House bill contained a provision (sec. 331) that
would reauthorize and expand section 338 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-
136) to allow the Secretary of the Air Force and the Secretary
of the Navy to conduct demonstration projects through 2013 to
evaluate the benefits of promoting workers who perform multiple
trades.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would: (1)
grant the Secretary of the Army the same authority to establish
a multi-trades demonstration project; (2) limit demonstrations
to one industrial facility per service; and (3) require the
secretaries to make a recommendation on whether multi-trade
authority should become permanent.
The conferees note that, in accordance with section 338
of the National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136), the Comptroller General will submit a
report on the projects at the end of the demonstration.
Pilot program for availability of working capital funds to Army for
certain product improvements (sec. 330)
The House bill contained a provision (sec. 322) that
would amend section 2208 of title 10, United States Code, by
adding a new paragraph at the end granting limited authority to
the Department of Defense to use Defense Working Capital Funds
to make product improvements for weapon systems, major end
items, and components.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would grant
authority to the Secretary of the Army in a pilot program to
use working capital funds for certain product improvements. The
Senate amendment would also strike amendments to section 2208
of title 10, United States Code, and grant working capital fund
activities limited authority to spend up to $1.0 million to
insert technology improvements into weapon systems or major end
items. The conferees agree that this authority would expire in
2013.
The conferees are concerned that Department of Defense
policy and regulations governing the implementation of the
authority provided in section 2208 of title 10, United States
Code, is undermining the Department's and services' ability to
use working capital fund activities, such as depot maintenance
activities and department-wide services, to maximize equipment
recapitalization and modernization. This is particularly the
case for the Army and the Marine Corps as significant numbers
of their tactical systems will cycle through the depot
maintenance systems as part of their reset strategies over the
next several years.
The intent of the pilot program is to allow the Army to
demonstrate whether use of working capital funds could decrease
procurement lead times, implement steady workload requirements
at the depots, as well as improve supplier workload
coordination with the private sector. The conferees are
concerned that the Financial Management Regulation has limited
the authority, and therefore the intent, of section 2208 of
title 10, United States Code, by restricting technology
refreshment and insertion to those components or systems that
would not ``significantly improve the performance envelope'' of
the end item. The conferees believe that a less restrictive
application of this authority would allow working capital fund
activities to acquire mission-related system upgrades and
insert technologies that improve major components of end items,
such as large system engines, as they would other parts to
maximize depot capacity, workload management, and flexibility.
A less restrictive application of this authority would also
allow working capital fund services to upgrade or refresh
mission equipment to increase performance and reduce costs.
The conferees are aware of the services' concerns
regarding the potential impact of this authority. The conferees
share these concerns and, accordingly, sunset the authority in
2013. Additionally, the conferees direct the Army to address
these issues during the pilot program and in the report
mandated by this provision:
(1) the definition of ``significant'' change to the
performance envelope of an end item;
(2) the impact on cost, including training;
(3) the distinction between investment and
improvement (i.e., service-life extensions, new
capabilities, safety) and their relationship to
appropriation law and the role of program managers;
(4) the impact on depot competitiveness; and
(5) the impact on performance-based logistics
agreements.
The conferees have included an annual reporting
requirement in this provision to ensure congressional oversight
of the pilot program. The annual reports will serve to inform
the congressional defense committees on whether this authority
should be considered for Department of Defense-wide
application.
Subtitle D--Extension of Program Authorities
Extension of Arsenal Support Program Initiative (sec. 341)
The House bill contained a provision (sec. 341) that
would amend section 343 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106-398) to
extend the Arsenal Support Program Initiative (ASPI) through
fiscal year 2010.
The Senate amendment contained a similar provision (sec.
342).
The Senate recedes.
The conferees agree that the Army's arsenals provide the
Nation critical manufacturing capabilities not available from
any other domestic source and, therefore, are vital to the
industrial capacity of the Department of Defense. The conferees
believe that for many years the Department has neglected the
arsenals in terms of capital investment to keep pace with
modern manufacturing requirements and retention of core skills
in the arsenal workforce.
One of the central purposes for the creation of the ASPI
was to retain and possibly strengthen the viability of the Army
arsenals by leveraging the availability of military industrial
facilities and a skilled workforce and commercial ventures
related to the arsenals' mission. The conferees are concerned
that the ASPI has had limited success in contributing to the
arsenals' retention of skills in manufacturing processes
necessary to ensure these unique skills are available for
national security purposes. Unlike initiatives at Army
ammunition plants where the commercial ventures are
complementary or compatible to the plants' core military
mission, the arsenal initiatives appear to have minimal
connection to core mission skills. Some arsenals appear to
create force protection and security risks by introducing
relatively open access to the installations by non-defense
personnel. The conferees are also concerned about reported
conflicts over the availability and use of Department-owned
land and facilities. These conflicts between the arsenals'
military mission and ASPI-related commercial ventures undermine
control of the pace and scope of the program that arsenal
commanders and the Department must retain.
The conferees are aware that ASPI-related
recapitalization of critical arsenal plants and equipment has
been limited. Based on the congressionally mandated Department
of the Army report of October 5, 2007, the ASPI appears to be
contributing to the local economic development purposes laid
out in the enacting legislation. However, the $15.5 million in
congressionally directed funding that has supported the program
since fiscal year 2001 has produced only $3.1 million in cost
avoidance to the Army. The Army's October report recommends
permanent authority for the ASPI, but the Department of Defense
did not request any ASPI authority in its fiscal year 2008
legislative package, nor did the Army budget request include
ASPI funding for fiscal year 2008 or any future year.
For the reasons noted above, the conferees expect the
Department of Defense to take action to increase the capital
investment and enhance the manufacturing processes and skills
of the Army's arsenals, either through an improved ASPI program
or by seeking additional statutory authorities. During the
additional 2 years of authorization that this provision would
provide, the conferees expect to see progress in the selection
and execution of projects that will enhance the arsenals' core
missions and workforce, and result in contributions to the
recapitalization of plants and equipment.
The conferees direct the Congressional Budget Office
(CBO) to conduct a business case analysis that examines the
cost, return on investment, and economic impact of the ASPI.
Furthermore, the conferees direct the Comptroller General to:
(1) review how effective ASPI has been in achieving the 11
purposes outlined in Public Law 106-398; (2) evaluate
variations in the ASPI implementation at the Army arsenals; and
(3) provide recommendations on how the ASPI could be
restructured to support the arsenals' core missions. The
conferees direct CBO and the Comptroller General to submit
these reports to the Committees on Armed Services of the House
of Representatives and Senate no later than September 1, 2009.
Extension of period for reimbursement for helmet pads purchased by
members of the armed forces deployed in contingency operations
(sec. 342)
The House bill contained a provision (sec. 342) that
would extend the period during which members of the armed
forces deployed in contingency operations may request and
receive reimbursement for helmet pads that were purchased at
personal expense. This section would cover purchases made
through September 30, 2007, and would give the service member
up to a year to submit a claim for reimbursement. This section
does not allow reimbursement for purchases made on behalf of a
service member.
The Senate amendment contained no similar provision.
The Senate recedes.
Extension of temporary authority for contract performance of security
guard functions (sec. 343)
The Senate amendment contained a provision (sec. 322)
that would continue the orderly phase-out of the temporary
authority for contract performance of security guard functions
under section 322 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314).
The House bill contained no similar provision.
The House recedes.
Subtitle E--Reports
Reports on National Guard readiness for emergencies and major disasters
(sec. 351)
The House bill contained a provision (sec. 351) that
would amend section 482 of title 10, United States Code, to
require the Department of Defense to begin reporting on the
readiness of the National Guard to respond to civil support
mission requirements. The report would be included in the
quarterly readiness report to Congress provided to the
congressional defense committees and also reported to the State
governors.
The Senate amendment contained a similar provision (sec.
343) that would amend sections 482 and 10541 of title 10,
United States Code, to require the Department of Defense to
routinely measure and report on the readiness of the National
Guard to perform domestic support missions.
The House recedes with an amendment that would set an
effective date for the first report's submission to allow a
reasonable amount of time for the Department to develop
appropriate measures and processes to implement this change to
the reporting systems. The House amendment would also require
that the Department's reports refer to the National Guard's
duties specified in sections 331 through 333 and 12304(b) of
title 10, United States Code. The House amendment would also
specify that the terms emergency and major disaster are used as
defined in section 5122 of title 42, United States Code.
The conferees are concerned that increased demands on the
personnel and equipment of the National Guard in support of
operations in Iraq and Afghanistan have left the States at
significant risk in terms of the Guard's ability to respond to
domestic crises. The Government Accountability Office reported
in January 2007, that the Department does not routinely measure
or report to Congress on the readiness of non-deployed National
Guard forces for domestic missions. The conferees believe that
the degree or acceptability of domestic risk cannot be
appropriately managed, by either the Department or the States,
without an accurate and reliable readiness measurement and
reporting system.
The conferees intend that this provision would result in
the establishment of clear lines of authority and
responsibility for measuring and reporting readiness that helps
define clear lines of federal and State responsibility for
strategies and investment priorities to achieve and maintain
the appropriate levels of readiness.
The Department has recognized the need to have more
visibility over the availability and repair of the National
Guard's equipment provided by the Department specifically for
its federal mission essential tasks but that is also relevant
and useful for the Guard's domestic support missions. The
conferees understand that the Department has begun to collect
data on this federally provided equipment and units' readiness
but note that these efforts are not mature.
The conferees are pleased with the progress of the
development and fielding of the Defense Readiness Reporting
System and expect that this system would also provide the basis
for the measurement and management of National Guard readiness
for its domestic support missions.
Annual report on prepositioned materiel and equipment (sec. 352)
The House bill contained a provision (sec. 355) that
would amend chapter 131 of title 10, United States Code, by
adding a section to require the Secretary of Defense to report
to the congressional defense committees annually on the
materiel and equipment in the prepositioned stocks.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would strike
the reference to the obsolete Status of Resources and Training
system and adds a requirement for the Government Accountability
Office to review the report each year for 7 years.
The conferees believe in the strategic importance of the
collection and placement of military materiel and supplies in
locations around the world to facilitate and speed our response
to crisis or contingencies. Prepositioned stocks have been a
critical strategic hedge in our global response strategy since
the Cold War, especially for our Army and Marine Corps ground
forces. These stocks, both stored on land and on ships afloat,
become even more important if we anticipate continuing conflict
in the global war on terror in other parts of a dangerous
world.
The conferees are aware, however, that current stocks of
prepositioned materiel and equipment have been largely
distributed or consumed in support of operations in Iraq and
Afghanistan. The depleted condition of these stocks reduces our
strategic depth and flexibility and increases risk. The
conferees are concerned that the Department of Defense's plans
and resources are not aligned and sufficient to aggressively
reconstitute or reset prepositioned stocks to reduce risk and
reestablish strategic flexibility. The conferees expect that
this annual report will aid in addressing these concerns and
will enable increased congressional oversight.
Consistent with this view and enduring congressional
concerns, section 1046 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375)
directed the Department to conduct a policy review of programs
for prepositioned materiel and equipment. The conferees note
the arrival of an interim report, 2 years late, and urge the
Department to complete its analysis and final report as rapidly
as possible. Any plan to reconstitute or reset prepositioned
stocks, as the provision in this bill would require, must be
guided by strategic policy that addresses current and future
requirements and manages risk.
Report on incremental cost of early 2007 enhanced deployment (sec. 353)
The Senate amendment contained a provision (sec. 323)
that would amend section 323 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364) to include a reporting requirement on the incremental
increase in reset costs related to the deployment of additional
forces to Iraq.
The House bill contained no similar provision.
The House recedes with an amendment that would include
the incremental change in reset costs associated with the
redeployment of forces from Iraq.
The conferees acknowledge that deployed and redeployed
force levels will increase and decrease consistent with changes
in strategy in both the current and next fiscal years. This
fluctuation will change the reset requirements and costs over
time. This provision requires the military departments to
identify and project the actual and potential increase and
decrease in costs of reset and report those changes to
Congress.
Modification of requirements of Comptroller General report on the
readiness of Army and Marine Corps ground forces (sec. 354)
The Senate amendment contained a provision (sec. 357)
that would amend section 323 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364) to include, as part of the reporting requirement, the
Comptroller General's assessment of (1) the ability of Army and
Marine Corps forces to meet the requirements of operations in
Iraq and Afghanistan, and (2) the strategic depth of the Army
and Marine Corps and their ability to meet other contingency
plans or requirements.
The House bill contained no similar provision.
The House recedes with an amendment that would change the
deadline of the report to June 1, 2008, and would clarify the
baseline for troop increase calculations.
Plan to improve readiness of ground forces of active and reserve
components (sec. 355)
The House bill contained a provision (sec. 352) that
would require the Secretary of Defense to submit an annual
report to the congressional defense committees regarding plans
for the improvement of the readiness of active and reserve
component ground forces.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would strike
reference to the obsolete Status of Resources and Training
System and set the expiration of this reporting requirement
after the receipt of five annual reports.
The conferees support the Department of Defense's efforts
to modernize its readiness management system and encourage the
Department to use the new Defense Readiness Reporting System to
meet the requirements of this provision.
Independent assessment of Civil Reserve Air Fleet viability (sec. 356)
The House bill contained a provision (sec. 354) that
would require the Secretary of Defense to provide for an
independent assessment of the viability of the Civil Reserve
Air Fleet (CRAF) to be conducted by a federally-funded research
and development center. The provision would require that the
independent assessment examine defense planning for organic
lift requirements, commercial market factors, and any barriers
to the viability of CRAF and provide recommendations for
improving the CRAF program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the independent assessment to examine the efficacy of
authorizing the Department of Defense to establish minimum
annual purchase amounts for CRAF partners as a means for
improving the program's viability when operations transition
from the current tempo to peacetime operations.
Department of Defense Inspector General report on physical security of
Department of Defense installations (sec. 357)
The Senate amendment contained a provision (sec. 359)
that would require a report to Congress within 1 year from the
Department of Defense Inspector General on the physical
security of Department of Defense installations and resources.
The House bill contained no similar provision.
The House recedes.
Review of high-altitude aviation training (sec. 358)
The Senate amendment contained a provision (sec. 362)
that would require a report by the Secretary of the Army
regarding potential costs and cost avoidance in permanently
stationing utility, cargo, and light utility helicopters at the
High Altitude Aviation Training Site in Colorado.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the report to be from the Secretary of Defense instead of the
Secretary of the Army; would change the report due date to 180
days after enactment; and would expand the analysis to include
the high-altitude and power-limited helicopter training
requirements, systems, and resources of all military
departments.
The conferees are aware that geographic and environmental
conditions in Iraq and particularly the mountainous terrain of
Afghanistan present significant challenges to effective and
safe helicopter operations. The conferees note that there is
little evidence that the Army, or any other military
department, has defined a requirement for or adequately
resourced this type training either in basic pilot training or
in pre-deployment training. The conferees believe that specific
training in high-altitude and power-limited helicopter flight
can increase effectiveness and reduce accident risks by
ensuring that pilots and crews are properly trained for these
conditions.
The conferees note that the Army National Guard provides
this training at the High-Altitude Aviation Training Site at
Gypsum, Colorado. However, because the National Guard has
neither the helicopters nor funds adequate to fully support
this training mission, units attending the training are
required to fund the transportation of their own equipment and
support personnel to Colorado. This resource shortfall
particularly burdens the National Guard despite the fact that
over 50 percent of the annual student load is active-duty Army
personnel.
Furthermore, the conferees are aware that deploying
aviation units of all services want this training but may not
have the time or aircraft available to take advantage of it
because of the way resources are currently configured and
provided, or because of limitations in regulatory authorities
necessary to share aircraft across services.
Accordingly, the conferees believe that the Department of
Defense should be responsible for a comprehensive review of
high-altitude and power-limited requirements and training to
ensure that helicopter units of all military departments
deploying to environments such as Iraq or Afghanistan have
access to appropriate and necessary pre-deployment training
opportunities.
Reports on safety measures and encroachment issues and master plan for
Warren Grove Gunnery Range, New Jersey (sec. 359)
The Senate amendment contained a provision (sec. 364)
that would require three annual reports on safety efforts at
the Warren Grove Gunnery Range by the services who use it. It
would also require a study by the Secretary of the Air Force on
encroachment issues at the range.
The House bill contained no similar provision.
The House recedes with an amendment that would change the
requirement from a report on encroachment issues to a master
plan for the range.
Report on search and rescue capabilities of the Air Force in the
northwestern United States (sec. 360)
The House bill contained a provision (sec. 367) that
would prohibit the deactivation of the 36th Rescue Flight
assigned to Fairchild Air Force Base in Spokane, Washington.
The Senate amendment contained a similar provision (sec.
361) that would require the Secretary of the Air Force to
provide a report on search and rescue requirements and
capabilities in the northwestern United States to support Air
Force operations and training as well as the National Search
and Rescue Plan. The Senate amendment would also require the
Secretary of Defense to review this report for the purposes of
certification regarding search and rescue capabilities in the
northwestern United States as required by section 1085 of the
Ronald W. Reagan National Defense Authorization Act for Fiscal
Year 2005 (Public Law 108-375).
The House recedes with an amendment that would add an
element to the reporting requirement for an assessment of non-
Air Force search and rescue capabilities in the northwestern
United States.
Report and master infrastructure recapitalization plan for Cheyenne
Mountain Air Station, Colorado (sec. 361)
The House bill contained a provision (sec. 356) that
would prohibit the Secretary of Defense from proceeding with
the relocation of the North American Aerospace Defense (NORAD)
command center until 180 days after the Secretary submits a
report containing a cost-benefit analysis of the relocation,
and the final plans for the relocation. The provision would
also require the Comptroller General of the United States to
submit a review of the report and final plans not later than 60
days after the Secretary submits them.
The Senate amendment contained a related provision (sec.
1050) that would require the Secretary of Defense to submit a
report, not later than 90 days after the date of enactment of
this Act, on the relocation of the NORAD command center,
including a cost-benefit analysis of the relocation and an
explanation of the functions that will remain at Cheyenne
Mountain Air Station, Colorado. The provision would also
require the Secretary of the Air Force to submit, not later
than March 16, 2008, a master infrastructure recapitalization
plan for Cheyenne Mountain Air Station.
The Senate recedes with an amendment that would merge the
reporting requirements of the two provisions and require, as an
added element of the report of the Secretary of Defense, the
findings and recommendations of a security and vulnerability
assessment of Peterson Air Force Base, Colorado and the
Secretary's plans for mitigating any risks identified in the
assessment. The amendment would require the Secretary to submit
the report not later than March 1, 2008. The amendment would
also limit the availability of $5.0 million of the fiscal year
2008 funds for Air Force operation and maintenance for the
Cheyenne Mountain transformation project until Congress
receives the report by the Secretary of Defense. The amendment
would also require the Comptroller General to submit to
Congress a review of the report by the Secretary of Defense not
later than 120 days after the Secretary submits the report.
Subtitle F--Other Matters
Enhancement of corrosion control and prevention functions within
Department of Defense (sec. 371)
The House bill contained a provision (sec. 1041) that
would amend section 2228 of title 10, United States Code, to
make permanent and strengthen the Director of the Office of
Corrosion Policy and Oversight as an independent activity
within the Office of the Under Secretary of Defense for
Acquisition, Technology and Logistics. This section would also
require the Secretary of Defense to submit, with the
Department's annual budget request, a report detailing the
Department's long-term corrosion control and prevention
strategy; the return on investment achieved by implementing the
strategy; and an explanation of the funding request versus the
funding requirement. The Government Accountability Office would
be required to review the Secretary's report within 60 days of
submission.
The Senate amendment contained a similar provision (sec.
351).
The Senate recedes with an amendment that would grant the
Director of the Office of Corrosion Policy and Oversight
authority to interact directly with other government corrosion
prevention agencies and academic research and educational
institutions, including entering into cooperative research
agreements.
Authority for Department of Defense to provide support for certain
sporting events (sec. 372)
The House bill contained a provision (sec. 361) that
would amend section 2564 of title 10, United States Code, to
authorize the Secretary of Defense to support sporting events
sanctioned by the United States Olympic Committee (USOC)
through the Paralympic Military Program. The provision would
also authorize the Secretary to provide support for USOC-
sanctioned national or international paralympic sporting events
when the events are held in the United States and when
participation exceeds 100 athletes.
The Senate amendment contained a similar provision (sec.
358) that would additionally condition support for paralympic
sporting events to those in which at least 10 percent of the
athletes are members or former members of the armed forces who
are participating based upon an injury or wound incurred in the
line of duty and veterans who are participating based on a
service-connected disability.
The House recedes.
Authority to impose reasonable restrictions on payment of full
replacement value for lost or damaged personal property
transported at government expense (sec. 373)
The House bill contained a provision (sec. 362) that
would authorize the Secretary of Defense to require compliance
with reasonable conditions for a military member or civilian
employee of the Department of Defense to receive full
replacement value for personal property lost or damaged while
being transported at government expense.
The Senate amendment contained a similar provision (sec.
355).
The Senate recedes with a technical amendment.
The conferees believe that requiring service members and
civilian employees to submit surveys about the quality of their
permanent change of station moves is a reasonable condition for
obtaining the benefits of the full replacement value standard
for claims relating to lost or damaged personal property.
Survey data is a key factor in rating the quality of service
provided by individual moving companies. In this regard, the
conferees are concerned about potential adverse effects on
capable, service-oriented small business movers resulting from
the implementation of the full replacement value standard for
recovery due to higher costs involved in obtaining liability
insurance. The conferees direct the Secretary of Defense to
analyze the potential effects of implementing full replacement
value on small businesses' and, no later than April 1, 2008, to
provide a report to the congressional defense committees on
these effects and the Secretary's recommendations for improving
small businesses' ability to compete for Department of Defense-
related moves.
Priority transportation on Department of Defense aircraft of retired
members residing in commonwealths and possessions of the United
States for certain health care services (sec. 374)
The House bill contained a provision (sec. 363) that
would increase the priority standing for space available travel
of TRICARE beneficiaries under the age of 65 in commonwealths
or possessions of the United States who are referred by a
primary care physician on the commonwealth or possession for
specialty care outside of the commonwealth or possession.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Recovery of missing military property (sec. 375)
The House bill contained a provision (sec. 364) that
would amend chapter 165 of title 10, United States Code, to add
new sections 2788 and 2789 in order to make uniform among the
military departments the prohibition on unauthorized
disposition of military property and the authority to seize
improperly disposed military property.
The Senate amendment contained a similar provision (sec.
354).
The Senate recedes with an amendment that would require
that seizures of U.S. property take place pursuant to
applicable Department of Defense and service regulations and
that would clarify that transfers of property may take place
between members of the armed forces.
Retention of combat uniforms by members of the armed forces deployed in
support of contingency operations (sec. 376)
The House bill contained a provision (sec. 365) that
would add a new section 4566 to title 10, United States Code,
authorizing the Secretary of the Army to allow soldiers to keep
their combat uniforms if they had been deployed in support of a
contingency operation for at least 30 days.
The Senate amendment contained a similar provision (sec.
356) that would authorize the secretaries of each of the
military departments to allow members of the armed forces under
their jurisdiction to retain their combat uniforms issued as
part of organizational clothing and individual equipment in
connection with their deployment in support of a contingency
operation.
The House recedes with an amendment that would change the
provision to add a new section 2568 to title 10, United States
Code, authorizing the secretaries of each military department
to allow service members under their jurisdiction who are
deployed for at least 30 days in support of contingency
operations to retain combat uniforms issued as organizational
clothing and individual equipment.
Issue of serviceable material of the Navy other than to armed forces
(sec. 377)
The House bill contained a provision (sec. 366) that
would extend to all military departments the same authority
currently provided to the Army to issue excess arms, tentage
and equipment to the Junior Reserve Officers Training Corps in
support of training.
The Senate amendment contained no similar provision.
The Senate recedes.
Reauthorization of Aviation Insurance Program (sec. 378)
The Senate amendment contained a provision (sec. 353)
that would amend section 44310 of title 49, United States Code,
relating to the expiration of chapter 443, Aviation Insurance
Program. The provision would extend the authority of the
Secretary of Transportation to provide insurance and
reinsurance until December 31, 2013.
The House bill contained no similar provision.
The House recedes.
Legislative Provisions Not Adopted
Increase in threshold amount for contracts for procurement of capital
assets in advance of availability of working capital funds for
the procurement
The House bill contained a provision (sec. 321) that
would amend section 2208 of title 10, United States Code, to
increase the authority for the acquisition of capital assets
through the working capital fund from $100,000 to $300,000.
The Senate amendment contained no similar provision.
The House recedes based on the inclusion in the
conference report of a provision (sec. 330) that would make
working capital funds available to the Army to conduct a pilot
program for certain product improvements.
Authorization of use of working capital funds for acquisition of
certain items
The House bill contained a provision (sec. 323) that
would amend section 2208 of title 10, United States Code, by
adding a new paragraph at the end that would establish dollar
thresholds for the Defense Working Capital Funds to acquire
items that support maintenance and technology refreshment and
ensure the viability of core logistics capabilities.
The Senate amendment contained no similar provision.
The House recedes.
Individual body armor
The Senate amendment contained a provision (sec. 324)
that would require a joint technical assessment by the Director
of Defense Research and Engineering (DDR&E) and the Director of
Operational Test and Evaluation (DOT&E) of individual body
armor systems currently available in the domestic market.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the Army has published a request
for proposals to initiate a competition as part of a formal
acquisition to qualify a range of ballistic protection
technologies for individual body armor systems. This
procurement process will include extensive and comprehensive
first article ballistic and environmental testing by the Army
Test and Evaluation Command of articles submitted by all
potential vendors. The conferees are satisfied that, consistent
with the intent of section 324 in the Senate amendment, the
DDR&E and the DOT&E, as well as the Government Accountability
Office, will provide procedural and technical oversight of the
Army's tests. The conferees also acknowledge that an added
benefit of this testing approach is that it will result in an
authoritative procurement decision upon which the Army can act
immediately, ensuring that the best possible individual body
armor capability is qualified, produced, procured, and issued
to our service members without delay.
Additional requirements for annual report on public-private
competitions
The House bill contained a provision (sec. 327) that
would add additional elements to the annual report on the
results of public-private competitions conducted by the
Department of Defense.
The Senate amendment contained no similar provision.
The House recedes.
Sense of Senate on the Air Force logistics centers
The Senate amendment contained a provision (sec. 344)
that would express the sense of the Senate that the Air Force
should work closely with Congress as they develop and implement
the Global Logistics Support Center (GLSC) concept.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the Air Force is developing and
implementing enterprise-wide reorganization and modernization
of its logistics management systems and supporting
technologies. This reorganization includes the creation of the
Global Logistics Support Center that would consolidate several
enterprise approaches to supply chain management. The conferees
expect the Air Force to work closely with Congress to ensure
that management changes enhance Air Logistics Centers'
productivity, increase readiness, and reduce costs.
Plan for optimal use of strategic ports by commander of surface
distribution and deployment command
The House bill contained a provision (sec. 353) that
would require the commander of the Surface Distribution and
Deployment Command (SDDC) to develop a plan to ensure optimal
use of strategic ports.
The Senate amendment contained no similar provision.
The House recedes.
The conferees are encouraged that the SDDC has initiated
a study to address many of the concerns raised in section 353.
The conferees direct that the SDDC shall, not later than April
1, 2008, submit to the Committees on Armed Services of the
House of Representatives and the Senate a plan to optimize the
use of strategic ports. The conferees further direct that the
SDDC's plan shall include:
(1) the location, cost effectiveness, personnel and
equipment requirements, and utilization of resources
for each strategic port;
(2) an analysis of how each strategic port is
selected and how the effect of limitations imposed by
the Secretary of Defense on commercial shipping options
for certain routes and cargo sizes impacts each port;
(3) provisions for consultation with local port
authorities at strategic ports that do and do not have
a permanent SDDC presence; and
(4) the effect of Department of Transportation
policy initiatives to encourage international code
sharing and alliances.
Report on public-private partnerships
The House bill contained a provision (sec. 357) that
would require the Secretary of Defense to submit a report on
the public-private partnerships at the Department of Defense
Centers of Industrial and Technical Excellence (CITEs).
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to submit a
report to the Committees on Armed Services of the House of
Representatives and the Senate by March 1, 2008, that
describes:
(1) common approaches and procedures for Department
of Defense CITEs to use in the implementation of
public-private partnerships;
(2) consistent cost methodologies and reimbursement
guidance applicable to maintenance and repair workload
performed by Federal Government personnel participating
in public-private partnerships;
(3) implementation procedures for completing
contract negotiations for public-private partnerships
within 12 months of initiating negotiations;
(4) the Secretary's use in a public-private
partnership of commercial practices to replace existing
inventory and component management, technical
publication data, document management, and equipment
maintenance and calibration requirements;
(5) delegation during a public-private partnership
of Class 2 design authority based on commercial
practices to maintain the form, fit, and function of a
weapon system platform, major end item, component of a
major end item, or article; and
(6) plans to expand core capabilities through the
use of public-private partnerships at Department of
Defense CITEs.
The conferees direct the Comptroller General to review
the Department's report for completeness and submit the review
to the Committees on Armed Services of the House of
Representatives and Senate by May 1, 2008.
Continuity of depot operations to reset combat equipment and vehicles
in support of wars in Iraq and Afghanistan
The Senate amendment contained a provision (sec. 360)
that would require the Secretary of Defense to submit to the
congressional defense committees a report on the challenges of
implementing the transfer of depot supply, storage, and
distribution functions and impacts on production, including
parts reclamation and refurbishment.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the 2005 Base Realignment and
Closure (BRAC) round consolidates depot level supply, storage,
and distribution functions at the Defense Logistics Agency
(DLA). A recent Government Accountability Office report raises
questions about the Department of Defense's business plan to
implement this consolidation indicating that there are depot
management risks associated with the loss of control of parts
needed within the depots' production processes.
The conferees direct that, not later than June 1, 2008,
the Secretary of Defense shall submit to the congressional
defense committees a report on the implementation of the
consolidation of depot supply, storage, and distribution
functions with the DLA as required by the 2005 BRAC.
This report shall describe:
(1) the adequacy of the Department's business plan
to:
(a) efficiently and effectively transfer
depot supply, storage, and distribution
functions to the DLA;
(b) reduce the risk of disrupting depot
production and parts reclamation and
refurbishment;
(c) ensure the availability and
responsiveness of DLA supply personnel and
facilities to meet depot throughput needs,
including potential impact on depot turnaround
time; and
(d) ensure the authority and control of
depot commanders to manage supply, storage, and
distribution personnel and facilities
throughout the production process, particularly
with respect to overtime scheduling and meeting
surge requirements.
(2) the current estimated costs and projected
savings of implementing the transfer:
(3) the estimated impact of the transfer on the
hourly rates charged by the DLA and depots; and
(4) the number of personnel positions affected by
type and depot.
The conferees further direct that, not later than
September 30, 2008, the Comptroller General of the United
States shall review the report submitted by the Secretary of
Defense and submit to the congressional defense committees an
assessment of the matters addressed in such report.
Sense of Congress on future use of synthetic fuels in military systems
The Senate amendment contained a provision (sec. 363)
that would express the sense of Congress on the future use of
synthetic fuels in military systems.
The House bill contained no similar provision.
The Senate recedes.
The conferees agree that the Department of Defense should
continue and, as appropriate, accelerate the testing and
certification of alternative fuels including synthetically
derived liquid petroleum, unconventional oil (including oil
shale and tar sands), biologically derived fuels (including
bio-jet fuel, ethanol, and biodiesel), and non-liquid fuels
(including hydrogen and electricity) for use in all military
air, ground, and sea systems.
Limitation on the expenditure of funds for initial flight screening at
Pueblo Memorial Airport
The House bill contained a provision (sec. 368) that
would prohibit the expenditure of funds for initial flight
screening at Pueblo Memorial Airport in Pueblo, Colorado, until
the Air Force and the City of Pueblo have developed a plan to
meet the Air Force crash, fire, and rescue requirements to
support Air Force flight training operations.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Air Force has reached an
agreement with the Pueblo Memorial Airport that establishes
responsibilities and proportional sharing of costs for the
operation and maintenance of the flying facilities jointly used
by military and non-military aircraft. The conferees expect
that the Air Force will sign this agreement without delay.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
End strengths for active forces (sec. 401)
The House bill contained a provision (sec. 401) that
would authorize the following end strengths for active-duty
personnel of the armed forces as of September 30, 2008: Army,
525,400; Navy, 329,098; Marine Corps, 189,000; and Air Force,
329,651. The House provision included increases of 36,000 and
9,000 for the Army and Marine Corps, respectively, to support
those services' growth in ground forces. The House provision
also included increases of 489 Navy personnel to restore a
reduction in end strength in Navy medicine, and it restored 209
and 963 military positions in the Navy and Air Force,
respectively, for military-to-civilian conversions programmed
for fiscal year 2008 by the Department of Defense.
The Senate amendment contained a similar provision (sec.
401) that would authorize active-duty end strengths of 328,400
for the Navy and 328,600 for the Air Force, and identical end
strengths for the Army and Marine Corps.
The Senate recedes with an amendment that would authorize
an end strength of 329,563 for the Air Force.
The conferees recommend end strength levels for the
active forces for fiscal year 2007 as set forth in the
following table:
----------------------------------------------------------------------------------------------------------------
FY 2008 Change from
FY 2007 ----------------------------------------------------------------
Service authorized Conferee FY 2008 FY 2007
Request recommendation request authorized
----------------------------------------------------------------------------------------------------------------
Army........................... 512,400 489,400 525,400 36,000 13,000
Navy........................... 340,700 328,400 329,098 698 -11,602
Marine Corps................... 180,000 180,000 189,000 9,000 9,000
Air Force...................... 334,200 328,600 329,563 963 -4,637
--------------------------------------------------------------------------------
DOD Total.................. 1,367,300 1,326,400 1,373,061 46,661 -5,761
----------------------------------------------------------------------------------------------------------------
Revision in permanent active duty end strength minimum levels (sec.
402)
The House bill contained a provision (sec. 402) that
would establish the following minimum end strengths for active-
duty personnel as of September 30, 2008: Army, 525,400; Navy,
329,098; Marine Corps, 189,000; and Air Force, 329,563.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would establish
minimum end strengths for active-duty personnel of 328,400 and
328,600 for the Navy and the Air Force, respectively.
The conferees recommend minimum end strength levels for
active forces as set forth in the following table:
----------------------------------------------------------------------------------------------------------------
FY 2008 Change from
FY 2007 -------------------------------------
Service authorized Conferee
recommendation FY 2007
----------------------------------------------------------------------------------------------------------------
Army................................................... 502,400 525,400 23,000
Navy................................................... 340,700 328,400 -12,300
Marine Corps........................................... 180,000 189,000 9,000
Air Force.............................................. 334,200 328,600 -5,600
--------------------------------------------------------
DOD Total.......................................... 1,357,300 1,371,400 14,100
----------------------------------------------------------------------------------------------------------------
Additional authority for increases of Army and Marine Corps active duty
end strengths for fiscal years 2009 and 2010 (sec. 403)
The House bill contained a provision (sec. 403) that
would authorize additional active-duty end strength for the
Army and the Marine Corps in fiscal years 2009 and 2010 above
the strengths authorized for those services in fiscal year
2008. Over the 2-year period, the Army and Marine Corps would
be authorized to increase active-duty end strength above their
fiscal year 2008 authorizations by 22,000 and 13,000,
respectively.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Increase in authorized strengths for Army officers on active duty in
the grade of major (sec. 404)
The House bill contained a provision (sec. 404) that
would amend section 523(a)(1) of title 10, United States Code,
to increase the number of Army officers authorized to serve in
the grade of major.
The Senate amendment contained a similar provision (sec.
501).
The Senate recedes.
Increase in authorized strengths for Navy officers on active duty in
the grades of lieutenant commander, commander, and captain
(sec. 405)
The House bill contained a provision (sec. 405) that
would amend the table in section 523(a)(2) of title 10, United
States Code, to increase the number of Navy officers authorized
to serve on active duty in the grades of lieutenant commander,
commander, and captain.
The Senate amendment contained a similar provision (sec.
502).
The Senate recedes with a technical amendment.
Increase in authorized daily average of number of members in pay grade
E-9 (sec. 406)
The Senate amendment contained a provision (sec. 521)
that would amend section 517(a) of title 10, United States
Code, to authorize an increase from 1 percent to 1.25 percent
on the upper limit of the authorized daily average of active-
duty enlisted members in pay grade E-9.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Subtitle B--Reserve Forces
End strengths for Selected Reserve (sec. 411)
The House bill contained a provision (sec. 411) that
would authorize the following end strengths for Selected
Reserve personnel, including the end strengths for reserves on
active duty in support of the reserves as of September 30,
2008: the Army National Guard of the United States, 351,300;
the Army Reserve, 205,000; the Navy Reserve, 67,800; the Marine
Corps Reserve, 39,600; the Air National Guard of the United
States, 106,700; the Air Force Reserve, 67,500; and the Coast
Guard Reserve, 10,000.
The Senate amendment contained a similar provision (sec.
411).
The Senate recedes with a technical amendment.
The conferees recommend end strength levels for the
Selected Reserve for fiscal year 2008 as set forth in the
following table:
----------------------------------------------------------------------------------------------------------------
FY 2008 Change from
FY 2007 ----------------------------------------------------------------
Service authorized Conferee FY 2008 FY 2007
Request recommendation request authorized
----------------------------------------------------------------------------------------------------------------
Army National Guard............ 350,000 351,300 351,300 0 1,300
Army Reserve................... 200,000 205,000 205,000 0 5,000
Navy Reserve................... 71,300 67,800 67,800 0 -3,500
Marine Corps Reserve........... 39,600 39,600 39,600 0 0
Air National Guard............. 107,000 106,700 106,700 0 -300
Air Force Reserve.............. 74,900 67,500 67,500 0 -7,400
--------------------------------------------------------------------------------
DOD Total.................. 842,800 837,900 837,900 0 -4,900
Coast Guard Reserve............ 10,000 10,000 10,000 0 0
----------------------------------------------------------------------------------------------------------------
End strengths for Reserves on active duty in support of the reserves
(sec. 412)
The House bill contained a provision (sec. 412) that
would authorize the following end strengths for Reserves on
active duty in support of the reserve components as of
September 30, 2008: the Army National Guard of the United
States, 29,240; the Army Reserve, 15,870; the Navy Reserve,
11,579; the Marine Corps Reserve, 2,261; the Air National Guard
of the United States, 13,944; and the Air Force Reserve, 2,721.
The Senate amendment contained a similar provision (sec.
412) that would authorize end strengths of 29,204 for the Army
National Guard of the United States; 13,936 for the Air
National Guard of the United States; and identical end
strengths for the other services.
The House recedes.
The conferees recommend end strength levels for Reserves
on active duty in support of the reserves as set forth in the
following table:
----------------------------------------------------------------------------------------------------------------
FY 2008 Change from
FY 2007 ----------------------------------------------------------------
Service authorized Conferee FY 2008 FY 2007
Request recommendation request authorized
----------------------------------------------------------------------------------------------------------------
Army National Guard............ 27,441 29,204 29,204 0 1,763
Army Reserve................... 15,416 15,870 15,870 0 454
Navy Reserve................... 12,564 11,579 11,579 0 -985
Marine Corps Reserve........... 2,261 2,261 2,261 0 0
Air National Guard............. 13,291 13,936 13,936 0 645
Air Force Reserve.............. 2,707 2,721 2,721 0 14
--------------------------------------------------------------------------------
DOD Total.................. 73,680 75,571 75,571 0 1,891
----------------------------------------------------------------------------------------------------------------
End strengths for military technicians (dual status) (sec. 413)
The House bill contained a provision (sec. 413) that
would authorize the following end strengths for military
technicians (dual status) as of September 30, 2008: the Army
Reserve, 8,249; the Army National Guard of the United States,
26,502; the Air Force Reserve, 9,909; the Air National Guard of
the United States, 22,553.
The Senate amendment contained an identical provision
(sec. 413).
The conference agreement includes this provision.
The conferees recommend end strength levels for military
technicians (dual status) as set forth in the following table:
----------------------------------------------------------------------------------------------------------------
FY 2008 Change from
FY 2007 ----------------------------------------------------------------
Service authorized Conferee FY 2008 FY 2007
Request recommendation request authorized
----------------------------------------------------------------------------------------------------------------
Army Reserve................... 7,912 8,249 8,249 0 337
Army National Guard............ 26,050 26,502 26,502 0 452
Air Force Reserve.............. 10,124 9,909 9,909 0 -215
Air National Guard............. 23,255 22,553 22,553 0 -702
--------------------------------------------------------------------------------
DOD Total.................. 67,341 67,213 67,213 0 -128
----------------------------------------------------------------------------------------------------------------
Fiscal year 2008 limitation on number of non-dual status technicians
(sec. 414)
The House bill contained a provision (sec. 414) that
would establish the maximum end strengths for the reserve
components of the Army and Air Force for non-dual status
technicians as of September 30, 2008.
The Senate amendment contained an identical provision
(sec. 414).
The conference agreement includes this provision.
Maximum number of reserve personnel authorized to be on active duty for
operational support (sec. 415)
The House bill contained a provision (sec. 415) that
would authorize the maximum number of reserve component
personnel who may be on active duty or full-time National Guard
duty under section 115(b) of title 10, United States Code,
during fiscal year 2008 to provide operational support.
The Senate amendment contained an identical provision
(sec. 415).
The conference agreement includes this provision.
Future authorizations and accounting for certain reserve component
personnel authorized to be on active duty or full-time National
Guard duty to provide operational support (sec. 416)
The House bill contained a provision (sec. 416) that
would require the Secretary of Defense to review the long-term
operational support missions performed by reserve component
personnel under section 115(b) of title 10, United States Code,
and to submit the results of that review to the congressional
defense committees by March 1, 2008. The provision would also
require that future budget justification materials provided to
the Congress include data regarding the numbers of reservists
projected to be on active-duty or full-time National Guard duty
for operational support under section 115(b) and a summary of
the missions they would be performing.
The Senate amendment contained no similar provision.
The Senate recedes.
Revision of variances authorized for Selected Reserve end strengths
(sec. 417)
The House bill contained a provision (sec. 417) that
would amend section 115(f)(3) of title 10, United States Code,
to authorize the Secretary of Defense to vary the end strength
for a fiscal year for the Selected Reserve of any of the
reserve components by a number equal to not more than 3 percent
of that end strength.
The Senate amendment contained a similar provision (sec.
416).
The Senate recedes.
Subtitle C--Authorization of Appropriations
Military personnel (sec. 421)
The House bill contained a provision (sec. 421) that
would provide an overall limit on the amounts authorized to be
appropriated for the military personnel accounts of the
Department of Defense for fiscal year 2008.
The Senate amendment contained a similar provision (sec.
421).
The conference agreement includes this provision.
The conferees agree to the following changes from the
budget request for the military personnel accounts:
[Additions in millions of dollars]
Increased military pay raise...................................... 308.6
Reimburse travel expenses for specialty care...................... 1.0
Presumption of service-connected disabilities..................... 17.0
Increased retiree health care costs............................... 6.0
Increased accrual payments/increased retirements.................. 2.0
Enhanced disability severance pay................................. 30.0
Transitional assistance........................................... 5.0
Restore Navy medical personnel cut of 498......................... 45.8
Restore mil. to civ. medical conversions--Navy.................... 45.5
Restore mil. to civ. medical conversions--Air Force............... 67.7
Control grade officers............................................ 75.0
Increase in monthly rate of Hardship Duty Pay..................... 79.0
Travel allowance for inactive-duty training....................... 108.0
Health Professional Scholarship accession bonus................... 15.0
Loan repayment for reserves....................................... 1.0
Accumulated leave carryover....................................... 5.0
______
Total......................................................... 811.5
Legislative Provision Not Adopted
Offsetting transfers from the National Defense Stockpile Transaction
Fund
The House bill contained a provision (sec. 423) that
would require the Secretary of Defense to transfer funds from
the National Defense Stockpile Transaction Fund.
The Senate amendment contained no similar provision.
The House recedes.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Assignment of officers to designated positions of importance and
responsibility (sec. 501)
The House bill contained a provision (sec. 501) that
would amend section 601(b) of title 10, United States Code, to
authorize officers serving in the grades of lieutenant general
or vice admiral and general or admiral to continue for up to 60
days to hold those grades following reassignment from positions
authorized for those grades, unless sooner placed under orders
to another position authorized for those grades.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Enhanced authority for reserve general and flag officers to serve on
active duty (sec. 502)
The Senate amendment contained a provision (sec. 508)
that would amend section 526(d) of title 10, United States
Code, to exclude from the limitations on the number of general
and flag officers on active duty certain reserve general and
flag officers serving on active duty for not more than 365
days. The total number of these officers could not exceed 10
percent of the number of reserve component general and flag
officers authorized to be in an active status under section
12004 of title 10, United States Code.
The House bill contained no similar provision.
The House recedes.
Increase in years of commissioned service threshold for discharge of
probationary officers and for use of force shaping authority
(sec. 503)
The House bill contained a provision (sec. 502) that
would amend sections 630, 647, and 14503 of title 10, United
States Code, to provide that the secretaries of the military
departments, under regulations prescribed by the Secretary of
Defense, may discharge active or reserve component officers who
have less than 6 years of active commissioned service or
service in an active-status as a commissioned officer. The
provision would also authorize discharge or transfer to the
reserve active-status list for force restructuring purposes of
officers with less than 6 years of service.
The Senate amendment contained no similar provision.
The Senate recedes.
Mandatory retirement age for active-duty general and flag officers
continued on active duty (sec. 504)
The Senate amendment contained a provision (sec. 504)
that would amend section 637(b)(3) of title 10, United States
Code, relating to deferral of retirement and continuation on
active duty of regular flag and general officers to conform
with recently enacted extended age limits for mandatory
retirement of general and flag officers serving on active duty
that were included in section 502 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364).
The House bill contained no similar provision.
The House recedes with a technical amendment.
Authority for reduced mandatory service obligation for initial
appointments of officers in critically short health
professional specialties (sec. 505)
The House bill contained a provision (sec. 531) that
would amend section 651 of title 10, United States Code, to
authorize the Secretary of Defense to reduce the 8-year minimum
service obligation to 2 years for initial appointment of a
commissioned officer in a critically short health professional
specialty.
The Senate amendment contained a similar provision (sec.
505) that would provide that the minimum period of service
under such a waiver would be the greater of 2 years or the
period of obligated service associated with receipt of an
accession bonus or special pay.
The House recedes with a clarifying amendment.
Expansion of authority for reenlistment of officers in their former
enlisted grade (sec. 506)
The House bill contained a provision (sec. 532) that
would amend sections 3258 and 8258 of title 10, United States
Code, to authorize Regular Army and Air Force officers to
reenlist in their former enlisted grade when separation as an
officer is under honorable conditions and the officer is
otherwise qualified for reenlistment.
The Senate amendment contained a similar provision (sec.
507).
The House recedes.
Increase in authorized number of permanent professors at the United
States Military Academy (sec. 507)
The Senate amendment contained a provision (sec. 506)
that would amend section 4331(b) of title 10, United States
Code, to increase from 22 to 28 the authorized number of
permanent professors at the United States Military Academy.
The House bill contained no similar provision.
The House recedes.
Promotion of career military professors of the Navy (sec. 508)
The House bill contained a provision (sec. 503) that
would amend section 641 of title 10, United States Code, to
authorize the promotion of an officer of the Navy or Marine
Corps serving as a permanent professor at the Naval Academy in
the grade of commander or lieutenant colonel to the grade of
captain or colonel upon completion of 6 years of service as a
permanent military professor or career military professor.
The Senate amendment contained a provision (sec. 509)
that would amend chapter 603 of title 10, United States Code,
to authorize promotion of career military professors of the
Navy to the grade of captain or colonel not earlier than 3
years after selection as a permanent professor, pursuant to
regulations prescribed by the Secretary of the Navy, which must
include a competitive selection board process.
The House recedes with an amendment that would require
the Secretary of Defense to conduct an assessment of the
effectiveness of the promotion system established by this
section and report the results of the assessment to the
congressional defense committees no later than December 31,
2009, and that would require the Secretary of the Navy to
submit a report regarding the need for any additional grade
limitation exemptions by March 31, 2008.
Subtitle B--Reserve Component Management
Retention of military technicians who lose dual status in the Selected
Reserve due to combat-related disability (sec. 511)
The House bill contained a provision (sec. 514) that
would amend section 10216 of title 10, United States Code, to
authorize: (1) a military technician (dual status) to continue
employment as a military technician when the technician loses
military status as a result of a combat-related disability; (2)
the secretary concerned to waive temporarily the requirement
that a military technician maintain membership in the Selected
Reserve to fill the position of a military technician (dual
status) while that position is vacant as a result of the
mobilization of the technician normally assigned to that
position; and (3) the secretary concerned to defer mandatory
separation of a military technician (dual status) until the
technician attains eligibility for an unreduced annuity, but
not beyond age 62.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
retention until age 60 of a military technician (dual status)
as a military technician if the technician loses dual status as
the result of a combat-related disability and is otherwise
qualified for the position.
Constructive service credit upon original appointment of reserve
officers in certain health care professions (sec. 512)
The House bill contained a provision (sec. 512) that
would amend section 12207(b) of title 10, United States Code,
to authorize the granting of sufficient constructive service
credit to persons receiving original appointments as reserve
officers in critically short health care professions to be
appointed in the grade of captain, or in the Navy Reserve,
lieutenant.
The Senate amendment contained no similar provision.
The Senate recedes.
Mandatory separation of reserve officers in the grade of lieutenant
general or vice admiral after completion of 38 years of
commissioned service (sec. 513)
The House bill contained a provision (sec. 511) that
would amend section 14508 of title 10, United States Code, to
require separation from active status of reserve component
officers serving in the grades of lieutenant general or vice
admiral 30 days after completion of 38 years of commissioned
service.
The Senate amendment contained a similar provision (sec.
534) that would also require separation from active status of
these officers on the fifth anniversary of the date of an
officer's appointment in the grade of lieutenant general or
vice admiral, whichever is later.
The Senate recedes with an amendment that would require
separation from active status of these officers upon completion
of 5 years of service in grade or 30 days after completion of
38 years of commissioned service, whichever is later.
Maximum period of temporary federal recognition of person as Army
National Guard officer or Air National Guard officer (sec. 514)
The House bill contained a provision (sec. 513) that
would amend section 308(a) of title 32, United States Code, to
extend the period that members of the National Guard may be
granted temporary federal recognition from 6 months to 1 year.
The Senate amendment contained a similar provision (sec.
535).
The Senate recedes with a technical amendment.
Advance notice to members of reserve components of deployment in
support of contingency operations (sec. 515)
The House bill contained a provision (sec. 517) that
would require a minimum of 30 days advance notice, with a goal
of 90 days advance notice, to a member of a reserve component
called or ordered to active duty for a period of more than 30
days in support of a contingency operation.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Report on relief from professional licensure and certification
requirements for reserve component members on long-term active
duty (sec. 516)
The Senate amendment contained a provision (sec. 536)
that would amend sections 1819(b)(5) and 1919(b)(5) of the
Social Security Act to allow certain National Guard and reserve
nurse aides who are called to active duty extra time, beginning
July 1, 2007 and ending on September 30, 2008, to complete
training and competency evaluations required by law. In
addition, the provision would require the Secretary of Defense
to report on the need for legislation to provide for the
exemption of professional or other licensure or certification
requirements for National Guard and reserve members who are
placed on active duty for an extended period of time.
The House bill contained no similar provision.
The House recedes with an amendment that would delete the
authorization for additional time for certification as required
by the Social Security Act. The amendment would require a study
by the Comptroller General of the United States to: (1)
identify the number and type of licensure or certification
requirements that could be impacted by extended periods of
active duty; and (2) determine means to provide relief from
such requirements if necessary.
Subtitle C--Education and Training
Revisions to authority to pay tuition for off-duty training or
education (sec. 521)
The House bill contained a provision (sec. 523) that
would authorize the secretaries of the military services, or
the Secretary of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Navy, to pay
tuition and related expenses to certain members of the Ready
Reserve.
The Senate amendment contained a similar provision (sec.
671).
The Senate recedes with a technical amendment.
Reduction or elimination of service obligation in an Army Reserve or
Army National Guard troop program unit for certain persons
selected as medical students at Uniformed Services University
of the Health Sciences (sec. 522)
The House bill contained a provision (sec. 521) that
would amend section 2107a(b) of title 10, United States Code,
to authorize the Secretary of the Army to modify agreements
entered into by cadets in the Reserve Officers' Training
Scholarship Program who are selected to be medical students at
the Uniformed Services University of the Health Sciences or to
participate in the Armed Forces Health Professions Scholarship
and Financial Assistance program. Under this provision, the
Secretary would be authorized to reduce or eliminate troop
program unit service obligations and to establish, in lieu of
that obligation, an active-duty service obligation upon a
determination that it is in the best interests of the United
States to modify the agreement and with the consent of the
member involved.
The Senate amendment contained no similar provision.
The Senate recedes.
Repeal of annual limit on number of ROTC scholarships under Army
Reserve and Army National Guard financial assistance program
(sec. 523)
The House bill contained a provision (sec. 522) that
would amend section 2107a(h) of title 10, United States Code,
to increase from 416 to 424 the limit on the number of Reserve
Officer Training Corps (ROTC) scholarships that may be awarded
to cadets who agree to serve in the reserve components of the
Army.
The Senate amendment contained a similar provision (sec.
557) that would amend section 2107a(h) of title 10, United
States Code, to repeal the limit on the number of ROTC
scholarships that may be awarded to cadets who agree to serve
in the reserve components of the Army.
The House recedes.
Treatment of prior active service of members in uniformed medical
accession programs (sec. 524)
The Senate amendment contained a provision (sec. 551)
that would amend sections 2114(b) and 2121(c) of title 10,
United States Code, to require that medical students at the
Uniformed Services University of the Health Sciences and
persons participating in the armed forces Health Professions
Scholarship and Financial Assistance Programs who have prior
commissioned service, serve, while on active duty, in pay grade
O-1, or in pay grade O-2 if they meet specified promotion
criteria prescribed by the service secretary. The provision
would also amend section 2004a of title 10, United States Code,
to impose the same limitations regarding the pay grade and
service credit exclusion on officers on active duty with prior
commissioned service who are detailed as students at medical
schools under section 2004a.
The House bill contained no similar provision.
The House recedes with an amendment that would provide
that medical students at the Uniformed Services University of
the Health Sciences and persons participating in the armed
forces Health Professions Scholarship and Financial Assistance
Programs with prior active service would continue to receive
basic pay based on their former grade and years of service if
that pay would be greater than the rate of basic pay for
regular officers in the grade of second lieutenant or ensign.
The provision would also amend section 2004a of title 10,
United States Code, to provide that any officer detailed under
this section to attend medical school would be required to
revert to the grade of ensign or second lieutenant while
receiving pay based on their prior grade or years of service.
Repeal of post-2007-2008 academic year prohibition on phased increase
in cadet strength limit at the United States Military Academy
(sec. 525)
The Senate amendment contained a provision (sec. 553)
that would amend section 4342 of title 10, United States Code,
to extend the authority of the Secretary of the Army to
increase by up to 100 cadets per year the size of the Corps of
Cadets at the United States Military Academy to a maximum of
4,400 cadets.
The House bill contained no similar provision.
The House recedes.
National Defense University master's degree programs (sec. 526)
The House bill contained a provision (sec. 524) that
would amend section 2163 of title 10, United States Code, to
authorize the President of the National Defense University to
award a master of arts degree in strategic security studies to
graduates of the School for National Security Executive
Education.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Authority of the Air University to confer degree of master of science
in flight test engineering (sec. 527)
The Senate amendment contained a provision (sec. 555)
that would amend section 9317(a) of title 10, United States
Code, to authorize the commander of the Air University to
confer the degree of doctor of philosophy in strategic studies
upon graduates of the School of Advanced Airpower Studies; the
degree of master of air, space, and cyberspace studies upon
graduates of Air University; and the degree of master of flight
test engineering science upon graduates of the Air Force Test
Pilot School.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the commander of the Air University to confer the degree of
master of science in flight test engineering upon graduates of
the Air Force Test Pilot School.
Enhancement of education benefits for certain members of reserve
components (sec. 528)
The Senate amendment contained a provision (sec. 674)
that would authorize an accelerated payment program for the
educational benefits in chapters 1606 and 1607 of title 10,
United States Code. The provision would also expand the
eligibility criteria for attaining the maximum benefit for the
education benefit under chapter 1607 of title 10, United States
Code to 3 cumulative years of active service. Finally, the
provision would create a buy-up program for service members
eligible for the education benefit under chapter 1607 of title
10, United States Code.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Extension of period of entitlement to educational assistance for
certain members of the Selected Reserve affected by force
shaping initiatives (sec. 529)
The Senate amendment contained a provision (sec. 675)
that would eliminate the service requirement for continued
eligibility for education benefits under chapter 1606 of title
10, United States Code, for service members who have been
affected by base realignment and closure or other force shaping
initiatives.
The House bill contained no similar provision.
The House recedes.
Time limit for use of educational assistance benefit for certain
members of reserve components and resumption of benefit (sec.
530)
The House bill contained a provision (sec. 530) that
would express the sense of Congress that the time limitation
for use of education benefits under chapter 1607 of title 10,
United States Code, should be extended to allow an individual
entitled to such benefits to use those benefits for 10 years
following separation from a reserve component.
The Senate amendment contained a similar provision (sec.
676) that would authorize a service member entitled to
education benefits under chapter 1607 of title 10, United
States Code, to use those benefits for 10 years after
separation from a reserve component.
The House recedes with an amendment that would allow
service members separated from a reserve component, who prior
to separation were eligible for benefits under chapter 1607 of
title 10, United States Code, to reclaim eligibility for those
benefits upon rejoining a reserve component and to use those
benefits for 10 years following any subsequent separation.
Secretary of Defense evaluation of the adequacy of the degree-granting
authorities of certain military universities and educational
institutions (sec. 531)
The House bill contained a provision (sec. 526) that
would require the Secretary of Defense to evaluate the degree-
granting authorities of certain military universities and
educational institutions to assess whether the current process
remains adequate, appropriate, and responsive to meet emerging
military service education requirements. The Secretary would be
required to submit a report on the evaluation to the Committees
on Armed Services of the Senate and the House of
Representatives no later than April 1, 2008.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense, as part of
the evaluation and report required under this section, to
thoroughly review various proposals by the United States Air
Force for expanded authority for the Commander of the Air
University to grant degrees to attendees of the schools of the
Air University. These proposals include, among others,
authority to allow the Commander of the Air University to grant
bachelor's and master's of arts degrees, and the degree of
doctor of philosophy in strategic studies. The conferees
believe that these Air Force initiatives raise important
questions about the role of the services in providing advanced
education and that the Department must be more proactive in
providing timely guidance and coordination in this key area
affecting retention and career progression for both officer and
enlisted personnel. The Secretary should provide an assessment
of these proposals and recommendations for legislation, if
required.
Report on success of Army National Guard and Reserve Senior Reserve
Officers' Training Corps financial assistance program (sec.
532)
The House bill contained a provision (sec. 529) that
would require the Secretary of Defense to ensure that Senior
Reserve Officer's Training Corps (SROTC) scholarships are
available to students attending historically Black colleges and
universities, minority institutions, and Hispanic-serving
institutions.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of the Army to submit a report to the Committees
on Armed Services of the Senate and House of Representatives on
the success of the financial assistance program of the SROTC in
securing the appointment of second lieutenants in the Army
Reserve and the Army National Guard. The report would include
detailed information on the appointment of cadets enrolled in
historically Black colleges or universities, minority
institutions, and Hispanic-serving institutions and address
efforts to increase awareness of the availability and
advantages of appointment in the SROTC at these institutions
and to increase the number of cadets at these institutions.
The conferees encourage the Secretary of the Army to
expand the Army's outreach program to students attending
historically Black colleges or universities, minority
institutions, and Hispanic-serving institutions, and to ensure
that SROTC scholarships are available to qualified students at
these institutions.
Report on utilization of tuition assistance by members of the armed
forces (sec. 533)
The Senate amendment contained a provision (sec. 673)
that would require the secretary of each of the military
departments to submit to the congressional defense committees
by April 1, 2008 a report on the utilization of tuition
assistance by members of the armed forces, both in the regular
and reserve components, during fiscal year 2007.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Navy Junior Reserve Officers' Training Corps unit for Southold,
Mattituck, and Greenport High Schools (sec. 534)
The House bill contained a provision (sec. 527) that
would authorize the Southold, Mattituck, and Greenport High
Schools, located in Southold, New York, to be treated as a
single institution for the purposes of maintaining a Navy
Junior Reserve Officers' Training Corps unit.
The Senate amendment contained a similar provision (sec.
554).
The Senate recedes with a technical amendment.
Report on transfer of administration of certain educational assistance
programs for members of the reserve components (sec. 535)
The House bill contained a provision (sec. 525) that
would recodify the reserve educational assistance programs in
chapters 1606 and 1607 of title 10, United States Code, from
title 10 to title 38, United States Code, and transfer
administration of those programs to the Department of Veterans
Affairs.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense, in cooperation with the Secretary of
Veterans Affairs, to submit to the congressional defense and
veterans affairs committees a report on the feasibility and
merits of transferring the administration of the educational
assistance programs for members of the reserve components
contained in chapters 1606 and 1607 of title 10, United States
Code, from the Department of Defense to the Department of
Veterans Affairs, no later than September 1, 2008. The
provision would further require both the Defense Business
Board, in cooperation with the Reserve Forces Policy Board, and
the Veterans Affairs Advisory Committee on Education to review
the report, and provide their independent reviews. The
provision would also require the Comptroller General of the
United States to assess the study and to report to the
congressional defense and veterans affairs committees the
results of that assessment by November 1, 2008.
Subtitle D--Military Justice and Legal Assistance Matters
Authority to designate civilian employees of the Federal Government and
dependents of deceased members as eligible for legal assistance
from Department of Defense legal staff resources (sec. 541)
The House bill contained a provision (sec. 541) that
would amend section 1044(a) of title 10, United States Code, to
authorize the provision of legal assistance to certain civilian
employees of the Federal Government serving with, or preparing
to serve with, an armed force in support of a contingency
operation.
The Senate amendment contained a similar provision (sec.
572) that would clarify the authority of the service
secretaries to provide legal assistance to civilian employees
of the Department of Defense in locations where legal
assistance from non-military legal assistance providers is not
reasonably available.
The Senate recedes with an amendment that would authorize
the provision of legal assistance to survivors of deceased
members or former members who were dependents of the member or
former member at the time of the member's death and to civilian
employees of the Federal Government serving in locations where
legal assistance from non-military legal assistance providers
is not reasonably available.
Authority of judges of the United States Court of Appeals for the Armed
Forces to administer oaths (sec. 542)
The Senate amendment contained a provision (sec. 571)
that would amend section 936 of title 10, United States Code,
to authorize judges of the United States Court of Appeals for
the Armed Forces to administer oaths.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Modification of authorities on senior members of the Judge Advocate
Generals' Corps (sec. 543)
The Senate amendment contained a provision (sec. 573)
that would require that the Judge Advocates General of the
Army, Navy, and Air Force serve in the grade of lieutenant
general or vice admiral, and would exclude them from the
authorized number of officers serving in grades above major
general or rear admiral. The provision would also authorize the
position of Legal Counsel to the Chairman of the Joint Chiefs
of Staff, and would require that the officer appointed to this
position serve in the grade of brigadier general or rear
admiral (lower half) and be recommended by a board of officers
convened by the Secretary of Defense.
The House bill contained no similar amendment.
The House recedes with an amendment that would amend
section 525(b) of title 10, United States Code, to increase
from 15.7 to 16.3 the percentage of general officers or
admirals in a military service that may be appointed above the
grade of major general or rear admiral. The House amendment
would also require the Secretary of Defense to develop a
strategic plan linking the missions and requirements of the
Department of Defense for general and flag officers to the
statutory limits on the numbers of general and flag officers,
and current assignment, promotion, and joint officer
development policies for general and flag officers.
Prohibition against members of the armed forces participating in
criminal street gangs (sec. 544)
The House bill contained a provision (sec. 579) that
would require the Secretary of Defense to revise Department of
Defense Directive 1325.6 to include membership in a criminal
street gang among the list of prohibited activities by members
of the armed forces.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to prescribe regulations to prohibit
the active participation by members of the armed forces in a
criminal street gang.
Subtitle E--Military Leave
Temporary enhancement of carryover of accumulated leave for members of
the armed forces (sec. 551)
The Senate amendment contained a provision (sec. 591)
that would increase for all service members the number of days
of accumulated leave they may carry over from 1 fiscal year to
the next from 60 to 90 days. The provision would also increase
by 1 year the length of time available to use leave accumulated
under the special leave accrual provisions of section 701(f) of
title 10, United States Code. Finally, the provision would
amend section 501(b) of title 37, United States Code, to
authorize enlisted service members who have accumulated more
than 120 days of leave under section 701(f) of title 10, United
States Code, to sell back, on a one-time basis, up to 30 days
of such leave in excess of 120 days.
The House bill contained no similar provision.
The House recedes with an amendment that would reduce the
enhanced leave carryover provision from 90 to 75 days, and
would terminate this authority after December 31, 2010.
Enhancement of rest and recuperation leave (sec. 552)
The Senate amendment contained a provision (sec. 594)
that would authorize an additional 5 days of rest and
recuperation leave under section 705(b) of title 10, United
States Code, for certain service members whose overseas tours
of duty last longer than 12 months.
The House bill contained no similar provision.
The House recedes.
Subtitle F--Decorations and Awards
Authorization and request for award of Medal of Honor to Leslie H.
Sabo, Jr., for acts of valor during the Vietnam War (sec. 561)
The House bill contained a provision (sec. 551) that
would authorize the President to award the Medal of Honor to
Leslie H. Sabo, Jr., who served in the U.S. Army during the
Vietnam War.
The Senate amendment contained a similar provision (sec.
593(c)).
The Senate recedes.
Authorization and request for award of Medal of Honor to Henry Svehla
for acts of valor during the Korean War (sec. 562)
The House bill contained a provision (sec. 552) that
would authorize the President to award the Medal of Honor to
Henry Svehla who served in the U.S. Army during the Korean War.
The Senate amendment contained a similar provision (sec.
593(e)).
The Senate recedes.
Authorization and request for award of Medal of Honor to Woodrow W.
Keeble for acts of valor during the Korean War (sec. 563)
The House bill contained a provision (sec. 553) that
would authorize the President to award the Medal of Honor to
Woodrow W. Keeble who served in the U.S. Army during the Korean
War.
The Senate amendment contained a similar provision (sec.
593(b)).
The Senate recedes.
Authorization and request for award of Medal of Honor to Private Philip
G. Shadrach for acts of valor as one of Andrews' Raiders during
the Civil War (sec. 564)
The House bill contained a provision (sec. 554) that
would authorize the President to award the Medal of Honor to
Private Philip G. Shadrach, who served in the U.S. Army during
the Civil War.
The Senate amendment contained a similar provision (sec.
593(d)).
The Senate recedes with a technical amendment.
Authorization and request for award of Medal of Honor to Private George
D. Wilson for acts of valor as one of Andrews' Raiders during
the Civil War (sec. 565)
The House bill contained a provision (sec. 555) that
would authorize the President to award the Medal of Honor to
Private George D. Wilson, who served in the U.S. Army during
the Civil War.
The Senate amendment contained a similar provision (sec.
593(f)).
The Senate recedes with a technical amendment.
Subtitle G--Impact Aid and Defense Dependents Education System
Continuation of authority to assist local educational agencies that
benefit dependents of members of the armed forces and
Department of Defense civilian employees (sec. 571)
The House bill contained a provision (sec. 562) that
would authorize $50.0 million for continuation of the
Department of Defense (DOD) assistance program to local
agencies that are impacted by enrollment of dependent children
of military members and civilian employees of the Department of
Defense. This provision would also authorize $15.0 million for
assistance to local educational agencies with significant
changes in enrollment of military and civilian school-aged
dependent children due to base closures, force structure
changes, or force relocations.
The Senate amendment contained a similar provision (sec.
561) that would authorize $35.0 million and $10.0 million for
each assistance program, respectively.
The Senate recedes with an amendment that would authorize
$30.0 million for continuation of assistance to agencies
impacted by enrollment of DOD military and civilian employee
dependents, and $10.0 million for assistance to agencies with
significant changes in enrollment of children due to base
closures, force structure changes, or force relocations.
Impact aid for children with severe disabilities (sec. 572)
The Senate amendment contained a provision (sec. 562)
that would authorize $5.0 million for impact aid payments for
children with disabilities for continuation of the Department
of Defense's assistance to local educational agencies that
benefit dependents with severe disabilities.
The House bill contained no similar provision.
The House recedes.
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 (sec. 573)
The Senate amendment contained a provision (sec. 563)
that would amend section 574(e)(3) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364) to include dependents of personnel who work on federal
property but are not members of the armed forces or civilian
employees of the Department of Defense in the plan and annual
reports required to identify and assist local educational
agencies experiencing growth in enrollment due to force
structure changes, relocation of military units, or base
closure and realignments. The provision would make the
definition of ``military dependent students'' consistent with
the definition used for purposes of computation of payments
under the Federal Impact Aid program authorized in section 7703
of title 20, United States Code.
The House bill contained no similar provision.
The House recedes.
Payment of private boarding school tuition for military dependents in
overseas areas not served by Defense Dependents' Education
System schools (sec. 574)
The House bill contained a provision (sec. 561) that
would amend section 1407(b)(1) of the Defense Dependents'
Education Act of 1978 (20 U.S.C. 926(b)(1)) to authorize the
Secretary of Defense to pay tuition for attendance at private
boarding schools in the United States for military dependents
in overseas areas not served by Department of Defense schools.
The Senate amendment contained a similar provision (sec.
564).
The House recedes with a clarifying amendment.
Subtitle H--Military Families
Department of Defense Military Family Readiness Council and policy and
plans for military family readiness (sec. 581)
The Senate amendment contained a provision (sec. 581)
that would amend chapter 88 of title 10, United States Code, to
establish a Department of Defense Military Family Readiness
Council to review and make recommendations on Department of
Defense policy requirements for the support of military family
readiness; to monitor requirements for the support of military
family readiness; and to evaluate and assess the effectiveness
of military family readiness programs and activities of the
Department of Defense.
The Senate amendment contained another provision (sec.
582) that would amend chapter 88 of title 10, United States
Code, to require the Secretary of Defense to develop a policy
and plans for the support of military family readiness.
The House bill contained no similar provisions.
The House recedes with a clarifying amendment that would
combine the Senate provisions and include the senior enlisted
advisors of the Army, Navy, Marine Corps, and Air Force, or the
spouse of a senior enlisted member from each service as a
member of the Department of Defense Military Family Readiness
Council.
The conferees expect the council to meet not less often
than twice each year, and that not more than one of these
meetings will be in the National Capitol Region.
Yellow Ribbon Reintegration Program (sec. 582)
The House bill contained a provision (sec. 515) that
would establish a Department of Defense working group to
identify and assess the reintegration needs of members of the
reserve components who return from overseas operational
deployment.
The House bill also contained a provision (sec. 516) that
would require the Secretary of Defense, in coordination with
the Chief of the National Guard Bureau, to establish a national
combat veteran reintegration program, to be known as the Yellow
Ribbon Reintegration Program, to provide National Guard members
and their families with sufficient information, services,
referral, and proactive approach opportunities throughout the
entire deployment cycle. The provision would designate the
National Guard Bureau as the executive agent for this program,
and would require establishment of a Center of Excellence for
Reintegration Programs, appointment of an Advisory Board, and
employment of personnel to implement the Yellow Ribbon program
at the State level.
The Senate amendment contained a similar provision (sec.
683) that would require a Yellow Ribbon Reintegration Program
to serve both National Guard and reserve members and their
families, and would designate the Office of the Secretary of
Defense for Personnel and Readiness as the executive agent.
The Senate amendment also contained a provision (sec.
587) that would require the Secretary of Defense to carry out a
pilot program, to be known as the National Military Family
Readiness and Servicemember Reintegration Outreach Program, to
assess the feasibility and advisability of providing assistance
and support to the Adjutant General of a State or territory for
the purpose of creating comprehensive soldier and family
preparedness and reintegration outreach programs.
The House recedes with an amendment that would authorize
the Secretary to create State Deployment Cycle Support Teams to
administer the Yellow Ribbon Reintegration Program at the State
level and would authorize outreach programs to educate service
members and their families about the Yellow Ribbon
Reintegration Program.
The conferees acknowledge that the reserve component has
changed from a strategic reserve to an operational reserve,
fully engaged in the global war on terror, and that reserve
component members face challenges that are inherently different
from their counterparts in the active component. One such
challenge is reintegration to civilian life. The Department of
Defense has recognized the need for programs that address
similar challenges for service members in active components
returning from combat and has instituted such programs.
The conference outcome will ensure that members of the
reserve components returning to their hometowns following
demobilization have access to improved services and resources
that allow them to successfully reintegrate back into society.
Study to enhance and improve support services and programs for families
of members of regular and reserve components undergoing
deployment (sec. 583)
The House bill contained a series of provisions that
would address support to families of deployed service members:
The House bill contained a provision (sec. 580) that
would require the Secretary of Defense to carry out a study to
evaluate the feasibility and advisability of establishing a
pilot program on family-to-family support for families of
members of the National Guard and reserves undergoing
deployment.
The House bill contained a provision (sec. 581) that
would require the Secretary of Defense to conduct a study to
evaluate the feasibility and advisability of contracting with a
private sector entity with expertise in the health and well-
being of families and children, infants, and toddlers to
enhance and develop support services for children of members of
the National Guard and reserve who are deployed.
The House bill contained a provision (sec. 1034) that
would require the Secretary of Defense to submit a report to
Congress no later than 180 days after enactment of this Act
regarding the impact on military family members of multiple
deployments as part of Operation Iraqi Freedom and Operation
Enduring Freedom.
The Senate amendment also contained a series of
provisions that would address support to families of deployed
military personnel:
The Senate amendment contained a provision (sec. 583)
that would require the Secretary of Defense to enhance and
improve current programs of the Department of Defense to
provide family support for families of deployed members of the
armed forces, including deployed members of the National Guard
and reserve, before, during, and after their deployment cycle.
The Senate amendment contained a provision (sec. 584)
that would require the Secretary of Defense to provide
information to parents and other caretakers of children,
including infants and toddlers, to assist the parents and
caretakers in responding to the adverse implications of the
deployment of a service member, including the death or injury
of the service member, and to develop programs and activities
to increase awareness in military and civilian communities of
the adverse implications of deployment of service members.
The Senate amendment contained a provision (sec. 585)
that would require the Secretary of Defense to conduct a study
to evaluate the feasibility and advisability of contracting
with a private sector entity with expertise in the health and
well-being of families and children, infants, and toddlers to
enhance and develop support services for children of deployed
members of the active and reserve components.
The Senate amendment contained a provision (sec. 586)
that would require the Secretary of Defense to carry out a
study to evaluate the feasibility and advisability of
establishing a pilot program on family-to-family support for
families of deployed members of the active and reserve
components.
The Senate recedes with an amendment that would combine
the House and Senate provisions to require a study to determine
the most effective means to enhance and improve family support
programs for families of the regular and reserve components of
the armed forces before, during, and after deployment.
In a separate provision contained elsewhere in this
conference report, the conferees would require the
establishment of a national combat veteran reintegration
program, to be known as the Yellow Ribbon Reintegration
Program, to provide families of deployed service members with
information, services, referrals, and proactive outreach
throughout the entire deployment cycle.
The conferees are concerned about the adequacy of support
available to families of deployed service members, particularly
the support available to families of National Guard and reserve
personnel who are not located in the vicinity of a military
installation with extensive family support programs. The
conferees strongly encourage the Secretary of Defense to
expeditiously implement and improve programs that will enhance
the support available to these families.
Protection of child custody arrangements for parents who are members of
the armed forces deployed in support of a contingency operation
(sec. 584)
The House bill contained a provision (sec. 577) that
would amend title II of the Servicemembers Civil Relief Act
(SCRA) (50 U.S.C. App. 521 et seq.) to limit the authority of a
court to modify or amend a previous order or judgment regarding
custody of a child of a service member while the service member
is deployed in support of a contingency operation. The
provision would also bar courts from considering the absence of
the service member by reason of deployment in determining the
best interests of a child.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify
sections 201 and 202 of the SCRA to clarify that the act
applies to child custody proceedings.
The conferees recognize that service members who have
been awarded custody of minor children but who are required to
deploy or be absent from their children as a result of their
military duties are vulnerable to litigation initiated by non-
custodial parents. The procedural protections of the SCRA apply
in child custody cases and, in most cases, should prevent
adverse judgments until members can be present to defend their
interests. The modifications to the SCRA included in this
provision underscore the importance of SCRA protections in
child custody cases. While the facts in child custody disputes
are central to determinations of the best interests of minor
children, the conferees would urge judges who must decide such
cases not to consider the mere absence of a service member who
is performing military duty to constitute the sole or even a
major factor in a court's determination about what is in the
best interests of a child.
Family leave in connection with injured members of the Armed Forces
(sec. 585)
The House bill contained a provision (sec. 675) that
would amend the Family and Medical Leave Act (FMLA) of 1993 (29
U.S.C. 2611) to provide leave to an eligible employee in the
case of any qualifying exigency, as determined in regulation by
the Secretary of Labor, arising from the fact that the spouse,
child, or parent of the employee is on active duty or has been
notified of an impending call or order to active duty in
support of a contingency operation.
The Senate amendment contained a provision (sec. 1093)
that would authorize the Office of Personnel Management to
establish a program under which federal civilian employees
designated as caregivers could use leave for the purpose of
caring for a family member of a member of the armed forces
serving on active duty in support of a contingency operation.
The provision would authorize the Secretary of Labor to
establish a similar voluntary private sector leave program.
The Senate recedes with an amendment that would also
extend the FMLA to provide leave to eligible employees,
including federal civilian employees, who are the spouse, son,
daughter, parent, or next of kin of a seriously injured service
member, in order to care for the service member. The amendment
would also extend the amount of leave time available for
caregivers of seriously injured service members from 12
workweeks to 26 workweeks.
The conferees note that this extension of the FMLA to
cover caregivers of injured service members conforms with the
recommendation made by The President's Commission on Care for
America's Returning Wounded Warriors to allow up to 26
workweeks of leave to an eligible family member of a service
member who has a combat-related injury.
Family care plans and deferment of deployment of single parent or dual
military couples with minor dependents (sec. 586)
The House bill contained a provision (sec. 578) that
would authorize a service member to request deferment from
deployment to an area for which imminent danger pay is
authorized if the member has minor dependents and a spouse who
is a service member deployed to an area for which imminent
danger pay is authorized.
The Senate amendment contained a provision (sec. 1072)
that would express the sense of Congress that single parents
who are members of the armed forces with minor dependents, and
dual-military couples with minor dependents, should develop and
maintain effective family care plans, and that the Secretary of
Defense should establish procedures to ensure that if a single
parent and both spouses in a dual-military couple are required
to deploy to an area for which imminent danger pay is
authorized, requests for deferment from deployment due to
unforeseen circumstances are rapidly evaluated and that
appropriate steps are taken to ensure adequate care for minor
dependents.
The House recedes with an amendment that would require
the Secretary of Defense to establish appropriate procedures to
ensure that an adequate family care plan is in place for a
member of the armed forces with minor dependents who is a
single parent or whose spouse is also a member of the armed
forces when the member may be deployed in an area for which
imminent danger pay is authorized. The procedures should allow
the member to request a deferment of deployment due to
unforeseen circumstances, and the request should be considered
and responded to promptly.
Education and treatment services for military dependent children with
autism (sec. 587)
The Senate amendment contained a provision (sec. 595)
that would require the Secretary of Defense to conduct one or
more demonstration projects to evaluate improved approaches to
the provision of education and treatment services to military
dependent children with autism. The amendment would also
require the assignment of case managers for both medical and
educational services and the voluntary development of
individualized autism services plans.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to conduct a comprehensive assessment
of the availability of federal, State, and local education and
treatment services on and in the vicinity of certain military
installations for children of service members who are diagnosed
with autism. The amendment would also require the service
secretaries to ensure that, whenever practicable, eligible
members are assigned only in geographic areas with educational
services and facilities available on or in the vicinity of the
military installation that provide special education and
related services consistent with the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.). The
amendment would authorize one or more demonstration projects to
evaluate the provision of educational services and treatment
services to eligible dependents.
Commendation of efforts of Project Compassion in paying tribute to
members of the armed forces who have fallen in the service of
the United States (sec. 588)
The Senate amendment contained a provision (sec. 1077)
that would express the sense of the Senate commending Kaziah M.
Hancock, other Project Compassion volunteer professional
portrait artists, and the entire Project Compassion
organization for their tireless work in paying tribute to
members of the armed forces who have fallen in the service of
the United States.
The House bill contained no similar provision.
The House recedes with an amendment that would express a
sense of Congress that the people of the United States owe the
deepest gratitude to Kaziah M. Hancock and the members of
Project Compassion.
Subtitle I--Other Matters
Uniform performance policies for military bands and other musical units
(sec. 590)
The House bill contained a provision (sec. 572) that
would amend chapter 49 of title 10, United States Code, to
provide uniform policy for Department of Defense bands and
musical units regarding when public performances are permitted,
the conditions under which band members may perform in their
personal capacities, and recording of music for distribution to
the public.
The Senate amendment contained a similar provision (sec.
592).
The Senate recedes with a clarifying amendment.
Transportation of remains of deceased members of the armed forces and
certain other persons (sec. 591)
The House bill contained a provision (sec. 1454) that
would require the secretaries of the military services to
provide for the delivery of the remains of deceased service
members who die in a combat theater of operations and whose
remains are returned to the United States through the mortuary
facility at Dover Air Force Base, Delaware, to the commercial,
general aviation, or military airport, when air transportation
is utilized, nearest to the place selected by the person
designated to direct the disposition of the remains.
The Senate amendment contained a similar provision (sec.
657).
The Senate recedes.
Expansion of number of academies supportable in any State under
STARBASE program (sec. 592)
The House bill contained a provision (sec. 573) that
would amend section 2193b of title 10, United States Code, to
repeal the limitation on the number of STARBASE academies in
each State.
The Senate amendment contained a provision (sec. 552)
that would increase from two to four the maximum number of
STARBASE academies in a State that could be supported with
Department of Defense funds.
The House recedes with a technical amendment.
Gift acceptance authority (sec. 593)
The House bill contained a provision (sec. 571) that
would amend section 2601(b)(4) of title 10, United States Code,
to extend from December 31, 2007 to December 31, 2010, the
authority for the Secretary of Defense to accept gifts for the
benefit of members of the armed forces, civilian employees of
the Department of Defense (DOD), and dependents of such members
or employees.
The Senate amendment contained a similar provision (sec.
1025) that would make this gift acceptance authority permanent
and require the Secretary of Defense to prescribe regulations
prohibiting the solicitation of any gift by any DOD employee if
the nature or circumstances of the solicitation would
compromise the integrity or the appearance of integrity of any
DOD program or official.
The House recedes.
Conduct by members of the Armed Forces and veterans out of uniform
during hoisting, lowering, or passing of United States flag
(sec. 594)
The Senate amendment contained a provision (sec. 1073)
that would amend section 9 of title 4, United States Code, to
authorize members of the armed forces and veterans not wearing
a uniform to render a salute during the ceremony of hoisting or
lowering the flag, or when the flag is passing in a parade or
in review.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Annual report on cases reviewed by National Committee for Employer
Support of the Guard and Reserve (sec. 595)
The Senate amendment contained a provision (sec. 1044)
that would amend section 4332 of title 38, United States Code,
to require the Secretary of Veterans Affairs to include in an
annual report to Congress the number of cases regarding
veterans' employment or reemployment rights reviewed by the
Secretary of Defense under the National Committee for Employer
Support of the Guard and Reserve of the Department of Defense
during the fiscal year for which the report is made.
The House bill contained no similar provision.
The House recedes.
Modification of Certificate of Release or Discharge from Active Duty
(DD Form 214) (sec. 596)
The Senate amendment contained a provision (sec. 596)
that would require the Secretary of Defense, in consultation
with the Secretary of Veterans Affairs, to modify the
Certificate of Release or Discharge from Active Duty (DD Form
214) to permit a service member, upon discharge or release from
active duty, to elect that the DD 214 be forwarded to the
Central Office of the Department of Veterans Affairs or to the
appropriate office of the Department of Veterans Affairs for
the State or locality where the member will reside.
The House bill contained no similar provision.
The House recedes with a technical amendment.
The conferees direct the Secretary of Defense to assess
the feasibility of issuing the DD Form 214 containing only the
last four digits of a service member's Social Security account
number. If the Secretary determines that it is feasible, the
Secretary should also determine a timeline for implementing
such a change. The Secretary should submit a report of the
assessment to the Committees on Armed Services of the Senate
and the House of Representatives no later than 180 days after
the date of enactment of this Act.
Reports on administrative separations of members of the Armed Forces
for personality disorder (sec. 597)
The Senate amendment contained a provision (sec. 597)
that would require the Secretary of Defense to report to the
congressional defense committees by April 1, 2008 on all cases
of administrative separation from the armed forces of any
service member who had served in Iraq or Afghanistan since
October 2001 for personality disorder. Additionally, the
provision would prohibit the administrative separation of any
such service member until such time as the Secretary of Defense
submits that report, unless a clinical review is first
conducted in the office of the surgeon general of the military
department concerned. The provision would also require the
Comptroller General of the United States to report to the
congressional defense committees by June 1, 2008 on the
policies and procedures of the Department of Defense and the
military departments relating to the separation of members of
the armed forces for personality disorder.
The House bill contained no similar provision.
The House recedes with an amendment that would eliminate
the prohibition against administrative separation for
personality disorder without a review, but would retain the
reports required of the Secretary of Defense and the
Comptroller General.
Program to commemorate 50th anniversary of the Vietnam War (sec. 598)
The House bill included a provision (sec. 576) that would
require the Secretary of Defense to conduct a program to
commemorate the 50th anniversary of the Vietnam War and to
coordinate and support programs of the federal, State, and
local governments, and the activities of other persons and
organizations, for this purpose. This provision would authorize
the establishment of a fund to be administered by the Secretary
of Defense and would authorize $3.0 million to be appropriated
for deposit in the fund in fiscal year 2008. The provision
would also authorize acceptance of voluntary services in
support of commemoration activities and direct the program to
continue through 2025 with the Secretary determining the
schedule of events and priority of efforts for the duration of
the program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
the Secretary to carry out such a program and to determine the
duration of the commemoration, and would authorize $1.0 million
for program planning and activities. The amendment would omit
provisions relating to protections to be afforded to volunteers
pending further study, planning, and evaluation of the
appropriate functions to be performed by volunteers and the
conditions under which their services would be accepted.
Recognition of members of the Monuments, Fine Arts, and Archives
program of the Civil Affairs and Military Government Sections
of the Armed Forces during and following World War II (sec.
599)
The House bill contained a provision (sec. 575) that
would recognize the men and women who served in the Monuments,
Fine Arts, and Archives program under the Civil Affairs and
Military Government sections of the United States armed forces
for their role in the preservation, protection, and restitution
of monuments, works of art, and other artifacts of cultural
importance in Europe and Asia during and following World War
II.
The Senate amendment contained no similar provision.
The Senate recedes.
Legislative Provisions Not Adopted
Cold War Victory Medal
The House bill contained a provision (sec. 556) that
would require the service secretaries to issue a Cold War
Victory Medal to former service members who served during the
Cold War.
The Senate amendment contained no similar provision.
The House recedes.
Combat veterans mentoring program for current members of the Armed
Forces
The House bill contained a provision (sec. 574) that
would require the Secretary of Defense to establish a program
that would provide combat veterans the opportunity to meet and
mentor current members of the Armed Forces before, during, and
after deployments.
The Senate amendment contained no similar provision.
The House recedes.
Emergency assistance for local educational agencies enrolling military
dependent children
The Senate amendment contained a provision (sec. 566)
that would authorize the Secretary of Defense to provide
assistance to eligible local educational agencies for the
additional education, counseling, and other needs of military
dependent children who are affected by war-related action.
The House bill contained no similar provision.
The Senate recedes.
Establishment of Combat Medevac Badge
The House bill contained a provision (sec. 557) that
would amend chapter 537 of title 10, United States Code, to
require the service secretaries to issue a badge to be known as
the Combat Medevac Badge to service members who served in
combat after June 25, 1950, as a pilot or crew member of a
helicopter medical evacuation ambulance and who meet the
requirements for the award of that badge, as prescribed by the
secretary concerned.
The Senate amendment contained no similar provision.
The House recedes.
Expansion of exclusion of military permanent professors from strength
limitations for officers below general and flag grades
The Senate amendment contained a provision (sec. 503)
that would amend section 523(b) of title 10, United States
Code, to increase from 50 to 85 the number of permanent
professors for each of the United States Military Academy, the
United States Air Force Academy and professors of the United
States Navy who are career military professors who may be
excluded from the authorized number of commissioned officers
who may be serving on active duty in that grade.
The House bill contained no similar provision.
The Senate recedes.
Heavily impacted local educational agencies
The Senate amendment contained a provision (sec. 565)
that would require the Secretary of Education to deem each
local educational agency that was eligible to receive a fiscal
year 2007 basic support payment for heavily impacted local
educational agencies under section 8003(b)(2) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)) as
eligible to receive a basic support payment for heavily
impacted local educational agencies for the fiscal year for
which the determination is made.
The House bill contained no similar provision.
The Senate recedes.
Navy Senior Reserve Officers' Training Corps program at University of
Miami, Coral Gables, Florida
The House bill contained a provision (sec. 528) that
would authorize the Secretary of the Navy to establish and
maintain a Navy Senior Officers' Training Corps program at the
University of Miami, Coral Gables, Florida.
The Senate amendment contained no similar provision.
The House recedes.
Prohibition on the unauthorized use of names and images of members of
the Armed Forces
The House bill contained a provision (sec. 582) that
would, except when authorized by an individual or the
individual's survivor, prohibit the knowing use of the name or
picture of a current or former service member in connection
with any merchandise, retail product, impersonation,
solicitation, or commercial activity in a manner reasonably
calculated to connect the protected individual with that
individual's service in the armed forces.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to conduct
a study on the issue of protecting the use of names and images
of current and former members of the armed services, both
living and deceased. This study should include an analysis of
the legal issues related to the limitations placed on the use
of the names and images of these current and former military
personnel by non-U.S. Government entities. This study should
specifically address the use of these names and images on
commercial products and merchandise as well as the privacy
rights of the service members and their family and next of kin
in association with this use. The study should also include
options and recommendations for protecting service members'
names and images. The Secretary shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report on the results of this study not later
than 90 days after the enactment of this Act. In addition, the
conferees have asked the Congressional Research Service to do a
similar study in order to obtain multiple legal viewpoints on
this important topic.
It is the sense of the conferees that the commercial use
of names and images of deceased service members should be
treated with respect and dignity, and that individuals should
take into account the feelings of the family and next-of-kin of
those service members when using their names and images,
especially if the family members have requested that their son
or daughter's name and/or image not be used.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Fiscal year 2008 increase in military basic pay (sec. 601)
The House bill contained a provision (sec. 601) that
would authorize a pay raise for the members of the uniformed
services of 3.5 percent effective on January 1, 2008. This
across-the-board pay raise is 0.5 percent above the budget
request.
The Senate amendment contained a similar provision (sec.
601).
The House recedes.
Basic allowance for housing for reserve component members without
dependents who attend accession training while maintaining a
primary residence (sec. 602)
The House bill contained a provision (sec. 602) that
would authorize unmarried reserve component members without
dependents to receive basic allowance for housing while
attending initial training following accession, provided that
the member maintains a permanent residence.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Extension and enhancement of authority for temporary lodging expenses
for members of the armed forces in areas subject to major
disaster declaration or for installations experiencing sudden
increase in personnel levels (sec. 603)
The Senate amendment contained a provision (sec. 605)
that would increase from 20 to 60 the maximum number of days
the secretary of a military department may pay temporary
lodging expenses associated with changes of permanent station
involving installations located in an area subject to a
declaration of major disaster or experiencing a sudden increase
in personnel moving to or from that installation.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Income replacement payments for reserve component members experiencing
extended and frequent mobilization for active duty service
(sec. 604)
The House bill contained a provision (sec. 603) that
would clarify the eligibility criteria for payments under the
reserve income replacement program. The provision would change
the method for measuring cumulative periods of qualifying
service by counting cumulative days, rather than months. The
provision would also authorize the continuation of income
replacement payments in the case of service members who are
retained on active duty to receive authorized medical care or
to be evaluated for disability.
The Senate amendment contained a similar provision (sec.
681).
The Senate recedes with a technical amendment.
Midmonth payment of basic pay for contributions of members of the
uniformed services participating in Thrift Savings Plan (sec.
605)
The House bill contained a provision (sec. 604) that
would authorize the Department of Defense to make midmonth
contributions to the Thrift Savings Fund on behalf of members
of the uniformed services who participate in the Thrift Savings
Plan.
The Senate amendment contained a similar provision (sec.
603).
The Senate recedes with a technical amendment.
Subtitle B--Bonuses and Special and Incentive Pays
Extension of certain bonus and special pay authorities for reserve
forces (sec. 611)
The House bill contained a provision (sec. 611) that
would extend for 2 years the authority to pay the Selected
Reserve reenlistment bonus; the Selected Reserve affiliation or
enlistment bonus; the special pay for enlisted members assigned
to certain high priority units; the Ready Reserve enlistment
bonus for persons without prior service; the Ready Reserve
enlistment and reenlistment bonus for persons with prior
service; and the Selected Reserve enlistment bonus for persons
with prior service.
The Senate amendment contained a similar provision (sec.
611) that would extend for 1 year the authority to pay the same
bonus and special pay authorities.
The House recedes.
Extension of certain bonus and special pay authorities for health care
professionals (sec. 612)
The House bill contained a provision (sec. 612) that
would extend for 2 years the authority to pay the nurse officer
candidate accession bonus; the repayment of education loans for
certain health professionals who serve in the Selected Reserve;
the accession bonus for registered nurses; incentive special
pay for nurse anesthetists; special pay for Selected Reserve
health professionals in critically short wartime specialities;
the accession bonus for dental officers; the accession bonus
for pharmacy officers; the accession bonus for medical officers
in critically short wartime specialities; and the accession
bonus for dental specialist officers in critically short
wartime specialities.
The Senate amendment contained a similar provision (sec.
612) that would extend for 1 year the authority to pay the same
bonus and special pay authorities.
The House recedes.
Extension of special pay and bonus authorities for nuclear officers
(sec. 613)
The House bill contained a provision (sec. 613) that
would extend for 2 years the authority to pay the special pay
for nuclear-qualified officers extending their period of active
service; the nuclear career accession bonus; and the nuclear
career annual incentive bonus.
The Senate amendment contained a similar provision (sec.
613) that would extend for 1 year the authority to pay the same
special pay and bonus authorities.
The House recedes.
Extension of authorities relating to payment of other bonuses and
special pays (sec. 614)
The House bill contained a provision (sec. 614) that
would extend for 2 years the authority to pay the aviation
officer retention bonus; the reenlistment bonus for active
members; the enlistment bonus; the retention bonus for members
with critical military skills or assigned to high priority
units; the accession bonus for new officers in critical skills;
the incentive bonus for conversion to military occupational
speciality to ease personnel shortage; the accession bonus for
officer candidates; and the Army referral bonus. The provision
would extend for 1 year the authority to pay the assignment
incentive pay and the incentive bonus for transfer between the
armed forces.
The Senate amendment contained a similar provision (sec.
614) that would extend for 1 year the authority to pay the
aviation officer retention bonus; the reenlistment bonus for
active members; the enlistment bonus; the retention bonus for
members with critical military skills or assigned to high
priority units; the accession bonus for new officers in
critical skills; the incentive bonus for conversion to military
occupational speciality to ease personnel shortage; and the
accession bonus for officer candidates. The Senate extended for
1 year the authority to pay the Army referral bonus in a
separate provision (sec. 622).
The House recedes with an amendment that would extend for
1 year the prohibition against requiring certain injured
service members to pay for meals provided by military treatment
facilities.
Increase in incentive special pay and multiyear retention bonus for
medical officers (sec. 615)
The House bill contained a provision (sec. 615) that
would increase the maximum annual rate of incentive special pay
and the multiyear retention bonus for medical officers from
$50,000 to $75,000.
The Senate amendment contained a similar provision (sec.
615).
The Senate recedes with a technical amendment.
Increase in dental officer additional special pay (sec. 616)
The House bill contained a provision (sec. 616) that
would increase the maximum annual amounts of additional special
pay for dental officers to $10,000 for officers with less than
3 years of creditable service and $12,000 for officers with
more than 3 but less than 10 years of creditable service.
The Senate amendment contained a similar provision (sec.
616).
The House recedes with a technical amendment.
Increase in maximum monthly rate of hardship duty pay and authority to
provide hardship duty pay in a lump sum (sec. 617)
The House bill contained a provision (sec. 624) that
would raise the maximum monthly amount of hardship duty pay to
$1500. The provision would also authorize the payment of
hardship duty pay in a lump sum.
The Senate amendment contained a similar provision (sec.
617).
The House recedes with a technical amendment.
Definition of sea duty for career sea pay to include service as off-
cycle crewmembers of multi-crew ships (sec. 618)
The House bill contained a provision (sec. 617) that
would authorize off-cycle crewmembers of multi-crewed ships to
be eligible for career sea pay.
The Senate amendment contained a similar provision (sec.
618).
The Senate recedes with a technical amendment.
Reenlistment bonus for members of the Selected Reserve (sec. 619)
The House bill contained a provision (sec. 618) that
would provide the Department of Defense with more flexibility
in administering the reenlistment bonus. The provision would
eliminate the 3- and 6-year options currently in law and
require only that the period of reenlistment be at least 3
years. Similarly, the provision would eliminate the tiered
bonus structure and require only that the bonus not exceed
$15,000.
The Senate amendment contained a similar provision (sec.
619).
The Senate recedes with a technical amendment.
Availability of Selected Reserve accession bonus for persons who
previously served in the armed forces for a short period (sec.
620)
The House bill contained a provision (sec. 619) that
would authorize payment of a Selected Reserve enlistment bonus
to persons who had enlisted previously, but were unable to
complete basic training requirements due to circumstances
beyond their control and were separated under conditions
characterized as either honorable or uncharacterized.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees believe that the Department of Defense
should limit its use of this authority to cases where the
former service member was separated from the military through
no fault of his or her own, such as an injury, family medical
emergency, or other case of hardship that forced the service
member to separate prematurely.
Availability of nuclear officer continuation pay for officers with more
than 26 years of commissioned service (sec. 621)
The House bill contained a provision (sec. 620) that
would extend eligibility for nuclear officer continuation pay
from 26 to 30 years of commissioned service.
The Senate amendment contained a similar provision (sec.
620).
The Senate recedes with an amendment that would authorize
revision of agreements for nuclear officer continuation pay
that were entered into before the date of the enactment of this
Act.
Waiver of years-of-service limitation on receipt of critical skills
retention bonus (sec. 622)
The House bill contained a provision (sec. 621) that
would authorize the Secretary of Defense, or the Secretary of
Homeland Security with respect to the Coast Guard when it is
not operating as a service in the Navy, to waive the 25-year
service limitation on eligibility to receive the retention
bonus for certain members with designated critical military
skills.
The Senate amendment contained a similar provision (sec.
621).
The Senate recedes.
Accession bonus for participants in the Armed Forces Health Professions
Scholarship and Financial Assistance Program (sec. 623)
The House bill contained a provision (sec. 622) that
would authorize the Secretary of Defense to pay an accession
bonus of not more than $20,000 to participants in the Armed
Forces Health Professions Scholarship and Financial Assistance
Program (HPSP).
The Senate amendment contained a similar provision (sec.
624).
The House recedes with a technical amendment.
The conferees direct the Comptroller General of the
United States to report to the congressional defense committees
by April 1, 2008 on the number of HPSP participants who do not
enter onto active duty following completion of the program of
studies for which they were enrolled under HPSP, including the
extent to which the military departments have sought and
received reimbursement for stipends paid under section 2121(d)
of title 10, United States Code, or annual grants paid for
specialized training under section 2127(e) of title 10, United
States Code.
Payment of assignment incentive pay for reserve members serving in
combat zone for more than 22 months (sec. 624)
The House bill contained a provision (sec. 623) that
would authorize the secretaries of the military departments to
pay $1,000 per month in assignment incentive pay to members of
the reserve components serving in combat zones associated with
Operations Enduring Freedom and Iraqi Freedom once the member
exceeds 22 cumulative months of service on active duty under
either a voluntary mobilization authority, the presidential
Selected Reserve call-up authority, or the partial mobilization
authority. Qualifying service under this provision would
include cumulative mobilized service during the period
beginning on January 1, 2003 through the end of the member's
most recent period of mobilization to active duty beginning
before January 19, 2007.
The Senate amendment contained no similar provision.
The Senate recedes.
Subtitle C--Travel and Transportation Allowances
Payment of inactive duty training travel costs for certain Selected
Reserve members (sec. 631)
The House bill contained a provision (sec. 635) that
would authorize the secretary of a military service to
reimburse members of the Selected Reserve who occupy a
specialty designated by the secretary concerned for travel
expenses while performing inactive duty training outside the
commuting limits of the member's station. The maximum rate
would not exceed $300.
The Senate amendment contained a similar provision (sec.
604) that would authorize reimbursement for travel expenses to
an inactive duty training location outside of normal commuting
distances for members of the Selected Reserve who are (1)
qualified in a skill designated as critically short; (2)
assigned to a unit of the Selected Reserve, or in a pay grade,
with a critical manpower shortage; or (3) assigned to a unit or
position that is disestablished or relocated as a result of
defense base closure or realignment or other force structure
allocation.
The House recedes with a technical amendment.
Survivors of deceased members eligible for transportation to attend
burial ceremonies (sec. 632)
The Senate amendment contained a provision (sec. 656)
that would extend the travel and transportation allowance to
attend burial ceremonies of deceased service members under
section 411f of title 37, United States Code, to minor siblings
of deceased service members and the person who directs the
disposition of the remains of the deceased service member.
The House bill contained no similar provision.
The House recedes with an amendment that would extend the
travel and transportation allowance to the child or children of
the deceased member and to the sibling or siblings of the
deceased service member, regardless of age.
Allowance for participation of reserves in electronic screening (sec.
633)
The House bill contained a provision (sec. 631) that
would authorize the secretaries of the military services to pay
a member of the Individual Ready Reserve a stipend for
participation in electronic screening performed pursuant to the
continuous screening required by section 10149 of title 10,
United States Code. The aggregate amount of the stipend paid to
a member may not exceed $50 in any calendar year.
The Senate amendment contained a similar provision (sec.
602).
The House recedes.
Allowance for civilian clothing for members of the armed forces
traveling in connection with medical evacuation (sec. 634)
The House bill contained a provision (sec. 632) that
would authorize service members to use some or all of the
civilian clothing allowance authorized by section 1047 of title
10, United States Code, to purchase luggage at government
expense when traveling in connection with a medical evacuation.
The Senate amendment contained no similar provision.
The Senate recedes.
Payment of moving expenses for Junior Reserve Officers' Training Corps
instructors in hard-to-fill positions (sec. 635)
The House bill contained a provision (sec. 633) that
would authorize the secretary of a military department to
reimburse educational institutions for moving expenses paid to
Junior Reserve Officers' Training Corps instructors when the
secretary concerned determines the position is hard-to-fill for
geographic or economic reasons, and the instructor agrees to
serve in the position for 2 years.
The Senate amendment contained a similar provision (sec.
642).
The House recedes with a technical amendment.
Subtitle D--Retired Pay and Survivor Benefits
Expansion of combat-related special compensation eligibility (sec. 641)
The House bill contained a provision (sec. 645) that
would authorize disabled military retirees with fewer than 20
years of service to receive combat-related special compensation
under section 1413a of title 10, United States Code, provided
they served a minimum of 15 years of creditable service and
have a disability rated at least 60 percent disabling.
The Senate amendment contained a similar provision (sec.
653) that would expand eligibility of combat-related special
compensation to all service members eligible for retirement pay
who have a combat-related disability, including service members
who were retired under chapter 61 of title 10, United States
Code.
The House recedes with a technical amendment.
Inclusion of veterans with service-connected disabilities rated as
total by reason of unemployability under termination of phase-
in of concurrent receipt of retired pay and veterans'
disability compensation (sec. 642)
The Senate amendment contained a provision (sec. 660)
that would authorize veterans with service-connected
disabilities rated as total due to unemployability to receive
concurrent receipt of retired pay and veterans' disability
compensation as of December 31, 2004.
The House bill contained no similar provision.
The House recedes with an amendment that would restrict
payments under this provision until October 1, 2008.
Recoupment of annuity amounts previously paid, but subject to offset
for Dependency and Indemnity Compensation (sec. 643)
The House bill contained a provision (sec. 643) that
would require that any Survivor Benefit Plan (SBP) payments
previously paid to a surviving spouse or former spouse that are
subject to the mandatory offset associated with payments of
Dependency and Indemnity Compensation by the Department of
Veterans Affairs be recouped only to the extent that the amount
exceeds any SBP premiums to be refunded by the Department of
Defense. In addition, the provision would specify a series of
actions to protect the interests of surviving spouses who are
subject to the offset, including: (1) a single written notice
of the net amount to be recouped; (2) a written explanation of
the statutory requirements for recoupment; (3) a detailed
accounting of the calculations used to determine the amount to
be recouped; and (4) contact information for a person who can
provide information and respond to questions regarding the
recoupment action.
The Senate amendment contained no similar provision.
The Senate recedes.
Special survivor indemnity allowance for persons affected by required
Survivor Benefit Plan annuity offset for Dependency and
Indemnity Compensation (sec. 644)
The House bill contained a provision (sec. 644) that
would authorize a survivor indemnity allowance to surviving
spouses or former spouses of deceased service members who are
denied the full amount of their annuity under the Survivor
Benefit Plan (SBP) due to the offset required by the receipt of
Dependency and Indemnity Compensation (DIC) from the Department
of Veterans Affairs. The provision would authorize monthly
payments equal to the lesser amount of $40 or the amount of the
SBP annuity subject to the DIC offset. The House provision
would take effect October 1, 2008.
The Senate amendment contained a provision (sec. 658)
that would eliminate the offset of the SBP annuity by the
amount of DIC.
The Senate recedes with an amendment that would limit the
survivor indemnity allowance to survivors of service members
who were entitled to retired pay, or would be entitled to
reserve component retired pay but for the fact they were not
yet 60 years of age, would increase the monthly allowance for
fiscal year 2009 to $50, and would increase the monthly
allowance by $10 every year through fiscal year 2013.
Modification of authority of members of the armed forces to designate
recipients for payment of death gratuity (sec. 645)
The House bill contained a provision (sec. 642) that
would amend section 1477 of title 10, United States Code, to
allow a service member to designate any individual to receive
up to 50 percent of the death gratuity benefit in 10 percent
increments.
The Senate amendment contained a provision (sec. 651)
that would allow a service member to designate in writing any
individual to receive the death gratuity benefit. In the
absence of such a designation, the death gratuity would be paid
in accordance with the succession set forth in section 1970 of
title 38, United States Code, relating to Servicemembers' Group
Life Insurance (SGLI).
The House recedes with an amendment that would make the
provision effective no later than July 1, 2008; provide for
spousal notification if an election were made under this
authority that would exclude a current spouse from any portion
of the death gratuity benefit; provide for partial designations
in 10 percent increments; and provide that elections made under
section 1477 of title 10, United States Code, before the
enactment of this provision, or before enactment of the
amendments to that section by section 1316 of the U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (Public Law 110-28),
would remain lawful and effectual.
The conferees believe that service members have the duty
and should have the discretion to designate beneficiaries of
their choosing for receipt of the death gratuity. The conferees
view the SGLI and its statutory basis, as set forth in section
1970 of title 38, United States Code, as the appropriate model
for the administration of the death gratuity benefit. The
conferees expect the Department of Defense and the services to
implement these changes swiftly and to use all appropriate
measures to ensure that service members are informed about this
important survivor benefit and receive the assistance necessary
to make this important designation.
Clarification of application of retired pay multiplier percentage to
members of the uniformed services with over 30 years of service
(sec. 646)
The Senate amendment contained a provision (sec. 654)
that would authorize, in the case of an individual who became a
member of the armed services prior to September 8, 1980, and
who was recalled to active duty for a period of more than 2
years, recomputation of that member's retired pay according to
the provisions of section 1409 of title 10, United States Code.
The provision would also amend section 6333 of title 10, United
States Code, to conform that section to the provisions of
section 1409 of title 10, United States Code.
The House bill contained no similar provision.
The House recedes with a technical amendment.
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 (sec. 647)
The Senate amendment contained a provision (sec. 655)
that would reduce the age at which a member of the Ready
Reserve could draw retired pay below the age of 60 by 3 months
for every aggregate 90 days of active duty performed since
September 11, 2001 under certain mobilization authorities.
Under this provision, a member of the Ready Reserve could not
reduce the age at which they draw retired pay below the age of
50.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
applicability of the provision to service performed after the
date of enactment of this Act.
Computation of years of service for purposes of retired pay for non-
regular service (sec. 648)
The Senate amendment contained a provision (sec. 661)
that would increase to 130 the annual number of inactive duty
points that may be credited toward the computation of retired
pay for non-regular service.
The House bill contained no similar provision.
The House recedes.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits
Authority to continue commissary and exchange benefits for certain
involuntarily separated members of the armed forces (sec. 651)
The House bill contained a provision (sec. 652) that
would authorize members involuntarily separated from active
duty or the Selected Reserve to continue to use commissary and
exchange stores for 2 years after separation. This authority
would expire on December 31, 2012.
The Senate amendment contained no similar provision.
The Senate recedes.
Authorization of installment deductions from pay of employees of
nonappropriated fund instrumentalities to collect indebtedness
to the United States (sec. 652)
The House bill contained a provision (sec. 653) that
would clarify that executive branch instrumentalities have the
same access to procedures for collection of debts from federal
civilian employees as do judicial and legislative branch
instrumentalities under section 5514 of title 5, United States
Code.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify
that nonappropriated fund instrumentalities have access to the
debt collection procedures of section 5514 of title 5, United
States Code, and that employees of nonappropriated fund
instrumentalities are subject to those provisions.
Subtitle F--Consolidation of Special Pay, Incentive Pay, and Bonus
Authorities
Consolidation of special pay, incentive pay, and bonus authorities of
the uniformed services (sec. 661)
The House bill contained a provision (sec. 661) that
would reform and consolidate over 60 special pays and incentive
pays into the following eight categories: (1) bonuses for
enlisted members; (2) bonuses for officers; (3) bonuses and
incentive pays for nuclear officers; (4) bonuses and incentive
pays for aviation officers; (5) bonuses and incentive pays for
officers in health professions; (6) hazardous duty pays; (7)
assignment pays and special duty pays; and (8) skill incentive
pays and proficiency bonuses. The provision would also retain
separate authorities for 15-year career status bonuses,
critical skill retention bonuses, and the continuation of
combat zone-related pays and allowances for members
hospitalized as a result of combat-related wounds, injuries, or
illnesses.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would set
expiration dates of December 31, 2009 for all the new
categories of pays and would clarify the maximum amounts
allowable for the various pays under the new authority.
Transitional provisions (sec. 662)
The House bill contained a provision (sec. 662) that
would require the Secretary of Defense to develop, in
coordination with the Secretary of Homeland Security, the
Secretary of Health and Human Services, and the Secretary of
Commerce, a plan to implement the consolidation of special
pays, incentive pays, and bonus authorities and to submit the
plan to the congressional defense committees within 1 year of
the date of enactment of this Act. The provision would also
provide for an orderly transfer to the new authorities that
would be implemented on a pace set by the Secretary of Defense
with full implementation required within 10 years after the
date of enactment of this Act.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to submit to the congressional defense
committees a notice of the implementation of any new authority
at least 30 days before the new authority is first used.
Subtitle G--Other Matters
Referral bonus authorities (sec. 671)
The House bill contained a provision (sec. 605) that
would authorize an Army referral bonus to be paid to a service
member or civilian employee of the Department of the Army who
refers an officer candidate who is later appointed as an
officer in a health profession designated by the Secretary of
the Army.
The Senate amendment contained similar provisions (secs.
622 and 623) that would authorize the service secretaries to
approve a referral bonus for officer candidates in the health
professions for all the military services, codify existing
authority for the Army to pay a referral bonus to a service
member or civilian employee who refers a person to the Army who
enlists in a regular or reserve component, and extend the
authority to pay this bonus through December 31, 2008.
The House recedes with an amendment that would give the
Secretary of Defense discretionary authority to approve payment
by the Army, Navy, or Air Force of a bonus to encourage
Department of Defense personnel to refer persons for
appointment as officers to serve in a health profession.
Expansion of education loan repayment program for members of the
Selected Reserve (sec. 672)
The House bill contained a provision (sec. 671) that
would include additional types of loans incurred for
educational purposes by members of the Selected Reserve that
would be eligible for repayment by the Department of Defense.
The provision would also make both officer and enlisted
personnel eligible for loan repayment under this program.
The Senate amendment contained a similar provision (sec.
672).
The Senate recedes.
Ensuring entry into United States after time abroad for permanent
resident alien military spouses and children (sec. 673)
The House bill contained a provision (sec. 672) that
would allow permanent resident alien spouses and children of
service members stationed abroad under official orders to gain
readmission to the United States without their time overseas
being treated under the Immigration and Nationality Act as
abandonment or relinquishment of lawful permanent resident
status or as an absence for the purposes of establishing
citizenship.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Overseas naturalization for military spouses and children (sec. 674)
The House bill contained a provision (sec. 673) that
would allow certain permanent-resident spouses and children of
members of the armed forces who reside in foreign countries to
be naturalized. Under the provision, upon compliance with other
requirements of the Immigration and Nationality Act, the spouse
or child's physical presence in a foreign country while
accompanying the member would be treated as residence in the
United States or any State for the purpose of satisfying the
continuous presence requirements of the Act.
The Senate amendment contained a similar provision (sec.
682).
The Senate recedes with a technical amendment.
Modification of amount of back pay for members of Navy and Marine Corps
selected for promotion while interned as prisoners of war
during World War II to take into account changes in Consumer
Price Index (sec. 675)
The Senate amendment contained a provision (sec. 686)
that would amend section 667 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (Public Law 106-
398) to modify the method by which the Secretary of the Navy
calculates back pay owed to former service members who by
reason of being interned as prisoners of war were unable to
accept a promotion for which they had been selected. The
provision would require the calculation to account for changes
in the Consumer Price Index.
The House bill contained no similar amendment.
The House recedes.
Legislative Provisions Not Adopted
Access to defense commissary and exchange system by surviving spouse
and dependents of certain disabled veterans
The House bill contained a provision (sec. 651) that
would require the Secretary of Defense to revise regulations to
ensure access to the defense commissary and exchange system by
the surviving spouse and dependents of a veteran who had a
service-connected disability rated at 100 percent or total,
although the disability rating was awarded posthumously.
The Senate amendment contained no similar provision.
The House recedes.
The conferees believe that the change in the regulations
needed to appropriately recognize surviving spouses and
dependents of veterans who are posthumously determined to have
service-connected disabilities rated at 100 percent can be
accomplished without legislation. Accordingly, the conferees
direct the Secretary of Defense to revise the Department of
Defense regulations to provide such family members access to
the defense commissary and exchange system.
Annuities for guardians or caretakers of dependent children under
Survivor Benefit Plan
The Senate amendment contained a provision (sec. 652)
that would allow an unmarried service member with a dependent
child or children to elect, at the time of retirement, a
guardian or caretaker of that dependent child or children as
the beneficiary of the service member's Survivor Benefit Plan
annuity.
The House bill contained no similar provision.
The Senate recedes.
Disregarding periods of confinement of member in determining benefits
for dependents who are victims of abuse by the member
The House bill contained a provision (sec. 641) that
would amend section 1408 of title 10, United States Code, to
require the secretary concerned to consider as credible service
for purposes of determining retirement eligibility any periods
of confinement served by a member before convening authority
action on a record of trial regarding the member's conviction
of an offense involving abuse of a spouse or dependent child
The Senate amendment contained no similar provision.
The House recedes.
Effective date of paid-up coverage under Survivor Benefit Plan
The Senate amendment contained a provision (sec. 659)
that would amend section 1452(j) of title 10, United States
Code, to change the effective date for paid-up coverage under
the Survivor Benefit Plan from October 1, 2008 to October 1,
2007.
The House bill contained no similar provision.
The Senate recedes.
Guaranteed pay increase for members of the armed forces of one-half of
one percentage point higher than Employment Cost Index
The House bill contained a provision (sec. 606) that
would mandate that pay raises for all service members during
fiscal years 2009 through 2012 be one-half of 1 percent higher
than the annual rise in the Employment Cost Index.
The Senate amendment contained no similar provision.
The House recedes.
Payment of expenses of travel to the United States for obstetrical
purposes of dependents located in very remote locations outside
the United States
The Senate amendment contained a provision (sec. 641)
that would authorize the Secretary of Defense to pay travel
expenses for purposes of childbirth to a location in the United
States of a pregnant dependent of a service member assigned to
a very remote location outside the United States.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense to conduct
a review, in consultation with the Chairman of the Joint Chiefs
and the combatant commanders, of the quality of life challenges
confronted by military families at remote overseas locations.
The review should include a review of current policies and
procedures regarding the delivery of obstetrical care provided
to medical beneficiaries. In particular, the Secretary should
compare and contrast the current policy of transporting
pregnant women to centrally located government medical
facilities with a policy of providing women the opportunity to
return to the United States to give birth. The Secretary should
report the findings and recommendations to the Committees on
Armed Services of the Senate and the House of Representatives
not later than June 30, 2008.
Postal benefits program for members of the armed forces serving in Iraq
or Afghanistan
The House bill contained a provision (sec. 674) that
would require the Secretary of Defense, in consultation with
the United States Postal Service, to provide a postal benefits
program to service members serving in Iraq or Afghanistan, or
who are hospitalized in a Department of Defense facility as a
result of service in Iraq or Afghanistan.
The Senate amendment contained no similar provision.
The House recedes.
Transportation of additional motor vehicle of members on change of
permanent station to or from nonforeign areas outside the
continental United States
The House bill contained a provision (sec. 634) that
would authorize service members with at least one dependent of
driving age to ship two privately owned vehicles during
permanent change of station moves to nonforeign duty locations
outside the continental United States.
The Senate amendment contained no similar provision.
The House recedes.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Improvements to Military Health Benefits
One-year extension of prohibition on increases in certain health care
costs for members of the uniformed services (sec. 701)
The House bill contained a provision (sec. 701) that
would extend the prohibition established by the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364) on the Department of Defense from increasing the
premium, deductible, and copayment for TRICARE Prime; the
charge for inpatient care for TRICARE Standard; and the premium
for TRICARE Reserve Select and TRICARE Standard for members of
the Selected Reserve during the period from October 1, 2007, to
September 30, 2008.
The Senate amendment contained a similar provision (sec.
713).
The House recedes with a technical amendment.
The conferees believe that the Department of Defense and
the Nation have an obligation to provide health care benefits
to active duty, National Guard, reserve, and retired members of
the uniformed services and their families, disabled eligibles,
and survivors. Additionally, the Department has options to
constrain the growth of health care spending in ways that do
not disadvantage retired members of the uniformed services who
have faithfully fulfilled the demands of 20 to 30 year careers.
The conferees urge the Department to continue to identify
opportunities to improve the quality and effectiveness of the
military health care system through improved performance and
health care outcomes. The conferees believe that any increase
in TRICARE program cost sharing should be made only after
implementation of improvements in the health care program,
after consideration of the comprehensive reports mandated by
Congress in sections 711 and 713 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364), and following consultation with military beneficiary
advocates.
Temporary prohibition on increase in copayments under retail pharmacy
system of pharmacy benefits program (sec. 702)
The House bill contained a provision (sec. 702) that
would limit the cost sharing requirements for drugs provided
through the TRICARE retail pharmacy program to amounts not more
than $3 for generic drugs, $9 for formulary drugs, and $22 for
non-formulary drugs during fiscal year 2008.
The Senate amendment contained an identical provision
(sec. 714). The conference agreement includes this provision.
Inclusion of TRICARE retail pharmacy program in federal procurement of
pharmaceuticals (sec. 703)
The House bill contained a provision (sec. 703) that
would authorize the Secretary of Defense to exclude from the
pharmacy benefits program any pharmaceutical agent that is not
priced consistent with the pricing set forth under section 8126
of title 38, United States Code.
The Senate amendment contained a provision (sec. 701)
that would require that any prescription filled on or after
October 1, 2007 through the TRICARE retail pharmacy network
will be covered by the federal pricing limits applicable to
covered drugs under section 8126 of title 38, United States
Code.
The House recedes with an amendment that would change the
implementation date from October 1, 2007 to the date of
enactment of this Act.
Stipend for members of reserve components for health care for certain
dependents (sec. 704)
The House bill contained a provision (sec. 708) that
would authorize the Secretary of Defense to pay a stipend for
continuing health care coverage to reserve members called to
active duty with a dependent possessing a special health care
need that would best be met by remaining in the member's
civilian health plan.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the program to be implemented pursuant to regulations issued by
the Secretary.
The conferees intend that the stipend should be available
to eligible dependents regardless of whether their civilian
health plan is provided by private employers or the Federal
Government.
Authority for expansion of persons eligible for continued health
benefits coverage (sec. 705)
The Senate amendment contained a provision (sec. 706)
that would authorize the Secretary of Defense to expand
eligibility for continued health benefits coverage authorized
in section 1078a of title 10, United States Code, for
additional persons specified in regulations by the Secretary
for not more than 36 months after such persons lose entitlement
to Department of Defense health care benefits.
The House bill contained no similar provision.
The House recedes.
Continuation of eligibility for TRICARE Standard coverage for certain
members of the Selected Reserve (sec. 706)
The Senate amendment contained a provision (sec. 707)
that would allow federal employees already enrolled in TRICARE
Reserve Select under an existing program to remain in TRICARE
Reserve Select through the enrollment period for which they
qualified under the program as in effect on October 16, 2006.
The House bill contained no similar provision.
The House recedes.
Extension of pilot program for health care delivery (sec. 707)
The House bill contained a provision (sec. 707) that
would extend the pilot program established by the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375) to test initiatives that build cooperative
health care arrangements and agreements between military
installations and local, regional non-military health care
systems.
The Senate amendment contained no similar provision.
The Senate recedes.
Two sites were selected to test the pilot program, the
installations at Fort Drum, New York, and Yuma, Arizona. The
Department of Defense provided the Committees on Armed Services
of the Senate and the House of Representatives with an interim
report on the status of these programs. The conferees are
pleased that the results of the report are favorable and
indicate that the collaborative relationships created through
the pilots are benefitting both military and civilian health
care beneficiaries and providers. The conferees expect the
Department to share the lessons learned from these
collaborative efforts with other installations and expand such
programs where appropriate.
Inclusion of mental health care in definition of health care and report
on mental health care services (sec. 708)
The Senate amendment contained a provision (sec. 708)
that would clarify the Secretary of Defense's authority to
determine the appropriate payment amounts for mental health
services under the TRICARE program. This provision would also
require the Secretary to report to the Committees on Armed
Services of the Senate and the House of Representatives on the
adequacy of access to mental health services under the TRICARE
program.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
that mental health care is in the definition of health care
under section 1072 of title 10, United States Code.
The conferees intend that the Secretary will carefully
examine the adequacy of mental health payments under contracts
for care so as to ensure that TRICARE payment rates are not a
barrier to access to mental health services for eligible
Department of Defense beneficiaries.
Subtitle B--Studies and Reports
Surveys on continued viability of TRICARE Standard and TRICARE Extra
(sec. 711)
The Senate amendment contained a provision (sec. 702)
that would extend through 2011 the requirement for the
Secretary of Defense to conduct surveys to determine health
care and mental health care provider acceptance of the TRICARE
Standard and TRICARE Extra benefit. The provision would require
surveys of beneficiaries in addition to surveys of providers
and would require the Secretary to establish benchmarks for
primary and specialty care providers, to determine the adequacy
of providers available. The provision would also require the
Comptroller General of the United States to review the
processes, procedures, and analyses used by the Department of
Defense to determine the adequacy of the number of health care
and mental health care providers available to beneficiaries,
and to report on the results of this review to the Committees
on Armed Services of the Senate and the House of
Representatives on a biannual basis.
The House bill contained no similar provision.
The House recedes with an amendment that would delete the
requirement for a supervising official to be designated to
oversee the adequacy and accessibility of the TRICARE Standard
and TRICARE Extra programs. The amendment would also require
the Comptroller General to give a high priority to studying
areas with high concentrations of members of the Selected
Reserve.
The conferees note that TRICARE Regional Offices (TRO)
are responsible for overseeing the adequacy and accessibility
of health care and mental health care services to TRICARE
beneficiaries in their areas. The conferees expect the TROs to
perform these oversight duties, paying specific attention to
the needs of beneficiaries in TRICARE Standard and TRICARE
Reserve Select.
Report on training in preservation of remains under combat or combat-
related conditions (sec. 712)
The House bill contained a provision (sec. 710) that
would require the Secretary of Defense to submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the training in preservation of
remains in combat or combat-related conditions required by
section 567 of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364).
The Senate amendment contained no similar provision.
The Senate recedes.
Report on patient satisfaction surveys (sec. 713)
The Senate amendment contained a provision (sec. 703)
that would require the Secretary of Defense to submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the ongoing patient satisfaction
surveys taking place in inpatient and outpatient settings at
military treatment facilities.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Report on medical physical examinations of members of the armed forces
before their deployment (sec. 714)
The Senate amendment contained a provision (sec. 712)
that would require the Secretary of Defense to report to the
Committees on Armed Services of the Senate and the House of
Representatives by April 1, 2008, on: (1) the results of a
study of the frequency of medical examinations conducted by the
armed forces prior to deployment; (2) a comparison of policies
among the military departments of such medical examinations;
and (3) a business case analysis for a single pre-deployment
physical and single system for tracking medical examinations.
The House bill contained no similar provision.
The House recedes with an amendment that would delete the
requirement to report on the frequency of medical examinations.
The amendment would require an assessment of current policies
and the feasibility of implementing a single examination and
tracking system.
Report and study on multiple vaccinations of members of the armed
forces (sec. 715)
The House bill contained a provision (sec. 713) that
would require the Secretary of Defense to report to the
Committees on Armed Services of the Senate and the House of
Representatives on the Department's policies for administering
and evaluating multiple vaccinations of members of the armed
forces in a 24-hour period, including an assessment of
procedures to provide current information on such immunizations
to State Adjutants General. The provision would also require
the Secretary to study the safety and efficacy of administering
multiple vaccinations within a 24-hour period.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would delete
the requirement for the Secretary to conduct a safety and
efficacy study.
Review of gender- and ethnic group-specific mental health services and
treatment for members of the armed forces (sec. 716)
The Senate amendment contained a provision (sec. 1634)
that would require the Secretary of Defense and the Secretary
of Veterans Affairs to jointly conduct a comprehensive review
of: (1) the need for mental health treatment and services for
female members of the armed forces and veterans; and (2) the
efficacy and adequacy of existing mental health treatment
programs and services for female members of the armed forces
and veterans.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to conduct a comprehensive review of:
(1) the need for gender- and ethnic group-specific mental
health treatment and services for members of the armed forces;
and (2) the efficacy and adequacy of existing gender- and
ethnic group-specific mental health treatment programs and
services for members of the armed forces.
Licensed mental health counselors and the TRICARE program (sec. 717)
The House bill contained a provision (sec. 706) that
would amend section 1079 of title 10, United States Code, to
authorize licensed or certified mental health counselors to be
reimbursed for services provided to TRICARE beneficiaries
without prior physician referral or supervision.
The Senate amendment contained a provision (sec. 704)
that would require the Secretary of Defense to enter into a
contract with the Institute of Medicine of the National Academy
of Sciences or a similar organization to conduct an independent
study of individuals practicing as licensed mental health
counselors, social workers, and marriage and family therapists
under the TRICARE program and make recommendations for
permitting such professionals to practice independently under
the TRICARE program.
The Senate recedes with an amendment that would require a
study of the credentials, preparation, and training of
individuals practicing as licensed mental health counselors and
would require the Secretary of Defense to establish criteria
that licensed or certified mental health counselors would have
to meet in order to be able to independently provide care to
TRICARE beneficiaries and receive payment under the TRICARE
program for such services.
The conferees are aware that mental health counselors, in
contrast to the licensing practices of other health care
disciplines, have multiple routes to licensure. While the
conferees encourage the profession to work toward a single
certifying body or joint certification agreement, the
conference outcome would allow the Department of Defense to
create opportunities for the independent practice of licensed
mental health professionals who meet criteria established by
the Department in order to meet the immediate mental health
needs of service members and their families.
Report on funding of the Department of Defense for health care (sec.
718)
The Senate amendment contained a provision (sec. 1008)
that would require the President to submit a report to Congress
in any year that the armed forces are involved in a major
conflict if the budget for the Department of Defense for health
care is less than the amount provided by Congress for the
preceding fiscal year or if the allocation from the Defense
Health Program to any military department is less than the
allocation in the preceding fiscal year. The report would
include the reason for the lesser amount or allocation and the
anticipated effects of the reduction.
The House bill contained no similar provision.
The House recedes with an amendment that would terminate
this provision on December 31, 2017 and would remove the
condition that the armed forces be involved in a major
conflict.
Subtitle C--Other Matters
Prohibition on conversion of military medical and dental positions to
civilian medical and dental positions (sec. 721)
The House bill contained a provision (sec. 704) that
would establish a permanent prohibition on the secretaries of
the military departments from converting any military medical
or dental position to a civilian medical or dental position on
or after October 1, 2007. This provision would also require a
report to the congressional defense committees on such
conversions made during fiscal year 2007.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the prohibition to end on September 30, 2012. The amendment
would also require that any military medical or dental position
that has been converted to a civilian medical or dental
position from October 1, 2004 through September 30, 2008 be
restored to a military medical or dental position if the
position is not filled by a civilian by September 30, 2008.
The conferees are concerned that the military departments
have not fully addressed the certification requirements
contained in section 724 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364),
and thus lack assurance that planned conversions will not
increase costs, decrease access to care, decrease quality of
care, or negatively impact recruitment and retention of
military personnel.
In addition, the conferees have learned that military to
civilian conversions have had a negative impact on the ability
of the military health system to provide health care to service
members and their families, have compounded the impact of
multiple deployments on military medical personnel, and could
impact adequate staffing of wounded warrior transition units.
The conferees are concerned that, despite these concerns, the
military departments have continued to convert military medical
positions to civilian medical positions. Therefore, the
conferees prohibit the conversion of military medical positions
to civilian positions until September 30, 2012.
Establishment of Joint Pathology Center (sec. 722)
The House bill contained a provision (sec. 709) that
would require the Secretary of Defense to establish a Joint
Pathology Center located on the National Naval Medical Center
in Bethesda, Maryland. The center would function as the
reference center in pathology for the Department of Defense and
the Department of Veterans Affairs, providing services in:
diagnostic pathology consultation in medicine, dentistry, and
veterinary sciences; pathology education, to include graduate
medical education, including residency and fellowship programs,
and continuing medical education; and diagnostic pathology
research.
The Senate amendment contained a similar provision (sec.
1095) that would allow the Secretary to establish a Joint
Pathology Center, to the extent that establishing such a center
is consistent with the recommendations of the 2005 Defense Base
Closure and Realignment Commission.
The Senate recedes with an amendment that would require
the President to establish a Joint Pathology Center.
The conferees believe that having a Joint Pathology
Center performing second opinion consults is integral to
pathology education and residency programs and that the Federal
Government should continue to perform this essential mission.
The conferees find that the recommendations of the 2005
Defense Base Closure and Realignment Commission Final Report
provide the flexibility to establish a Joint Pathology Center
as a Department of Defense or federal entity. The President
would be required to make a determination as to whether to
establish the Joint Pathology Center inside the Department of
Defense or in another agency such as the Department of Health
and Human Services. The conferees expect the President to
consider, in making his determination, whether establishing the
center within the Department of Defense is consistent with the
recommendations of the 2005 Defense Base Closure and
Realignment Commission.
Legislative Provisions Not Adopted
Establishment of nurse practitioner program
The House bill contained a provision (sec. 705) that
would require the Secretary of Defense to establish a graduate
education program for advanced-practice nursing at the
Uniformed Services University of the Health Sciences.
The Senate amendment contained no similar provision.
The House recedes.
Sense of Congress on fees and adjustments under the TRICARE program
The Senate amendment contained a provision (sec. 715)
that would state the sense of Congress on fees and adjustments
under the TRICARE program.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that portions of this provision have
been included elsewhere in this report.
Implementation of recommendations of Department of Defense Mental
Health Task Force
The Senate amendment contained a provision (sec. 709)
that would require the Secretary of Defense to implement the
recommendations of the Department of Defense Task Force on
Mental Health (Task Force) as soon as practicable, but not
later than May 31, 2008.
The House bill contained no similar provision.
The Senate recedes.
The conferees understand that the Secretary of Defense
intends to implement nearly all of the 95 recommendations of
the Task Force for improvements in the psychological health of
members of the armed forces and their families.
The conferees will closely monitor the Department's
efforts to implement these recommendations, especially those
focused on access to mental health services for deployed
members and their families and on ensuring an adequate supply
of highly qualified uniformed mental health care providers.
The conferees direct the Secretary of Defense to submit
to the congressional defense committees not later than March 1,
2008, a report on the implementation of each recommendation.
The report will include: (1) the expected date of
implementation of each recommendation that will be fully
implemented; (2) a description of and reason for any
modification of a recommendation and the expected date of
implementation of the modified recommendation; and (3) the
reason for not implementing any recommendation that will not be
implemented.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Short title (sec. 800)
The conferees agree to a provision that would provide
that this title may be cited as the ``Acquisition Improvement
and Accountability Act of 2007''.
Subtitle A--Acquisition Policy and Management
Internal controls for procurements on behalf of the Department of
Defense by certain non-defense agencies (sec.801)
The House bill contained a provision (sec. 803) that
would require the Under Secretary of Defense for Acquisition,
Technology, and Logistics to issue guidelines on the use of
interagency contracting by the Department of Defense.
The Senate amendment contained a provision (sec. 846)
that would require inspector general reviews to determine
whether procurements conducted by certain non-defense agencies
on behalf of the Department have been conducted in compliance
with defense procurement requirements.
The Senate recedes with an amendment that would combine
the requirements of the two provisions.
Lead systems integrators (sec. 802)
The House bill contained a provision (sec. 806) that
would prohibit the Department of Defense from awarding new
contracts for lead systems integrator functions, effective
October 1, 2011.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would prohibit
the Department of Defense from awarding new contracts for lead
systems integrator functions, effective October 1, 2010, to any
entity that was not performing lead system integrator functions
for the same system prior to the date of the enactment of this
Act. The provision would also prohibit the award of any new
contract for lead system integrator functions for a major
system that has proceeded beyond low-rate initial production,
effective upon the date of enactment of this Act, absent a
written waiver by the Secretary of Defense that meets
conditions specified in the provision.
Reinvestment in domestic sources of strategic materials (sec. 803)
The House bill contained a provision (sec. 808) that
would require that all Department of Defense solicitations for
major weapon systems include an evaluation criteria addressing
the extent to which suppliers of strategic materials
demonstrate a record of sustained reinvestment in domestic
production of such materials.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Strategic Materials Protection Board established pursuant
to section 187 of title 10, United States Code, to perform an
assessment of the extent to which sources of strategic
materials are reinvesting in domestic production of such
materials.
Clarification of the protection of strategic materials critical to
national security (sec. 804)
The House bill contained a provision (sec. 809) that
would address the use of domestic non-availability
determinations and commercial item exceptions with regard to
the requirement to buy strategic materials from American
sources pursuant to section 2533b of title 10, United States
Code.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would revise
section 2533b to address the availability and use of domestic
non-availability determinations, commercial item exceptions,
purchases of fasteners, purchases of high-performance magnets,
purchases of electronic components, de minimis purchases,
purchases of commercial derivative military articles, and
national security waivers. The conferees intend the revised
provision to ensure that defense contractors comply with
requirements to purchase domestic specialty metals without
impeding the ability of the Department of Defense to acquire
weapon systems when and as needed.
The conferees agree that the term ``electronic
components'', as used in this provision, does not include any
assembly, such as a radar, that incorporates structural or
mechanical parts. In addition, the conferees agree that the
term ``high performance magnet'', as used in the provision,
means permanent magnets containing 10 or more percent by weight
of materials such as cobalt, samarium, or nickel. The conferees
note that high performance magnets have been fully or partially
excluded from some of the exceptions added by this section. The
conferees intend in doing so to ensure that the Department
continues to procure such magnets from domestic sources
whenever possible and consistent with this section.
Section 2533b, as amended, would authorize streamlined
compliance for commercial derivative military articles, based
on a contractor's certification that minimum threshold
quantities are being purchased during the period of contract
performance. The provision specifies that the speciality metal
must be purchased for use during the period of contract
performance in the production of the commercial derivative
military article and the related commercial article.
Domestically-melted specialty metal that is purchased for use
in the production of commercial derivative military articles
acquired under one contract may not be used as a basis for an
exception to the requirements of this section for the
acquisition of the same or other commercial derivative military
articles under a different contract.
The conferees note that commercially available off-the-
shelf fasteners would be exempt from the requirements of
subsection (a) of section 2533b of title 10, United States
Code, only to the limited extent provided in paragraph
(h)(2)(D). However, nothing in this section precludes the use
of other exceptions or waivers available to the Secretary with
regard to such fasteners, to the extent that they are
applicable.
The conferees direct the Secretary of Defense to ensure,
in promulgating rules to implement the minimum threshold in
subsection (j) of section 2533b, as amended, that such
threshold applies to the specialty metals contained in an item
delivered to the Department of Defense and may not be applied
on a piecemeal basis to a subsystem or component of such item.
Finally, the conferees understand that the recently
published rule regarding commercially available off-the-shelf
items, and other recent domestic non-availability
determinations that apply to multiple contracts and which were
based on the availability of components, rather than speciality
metals, will have to be reviewed and amended to comply with
section 2533b of title 10, United States Code, as amended by
this provision. The conferees encourage the Department to
ensure that the exceptions provided by subsections (b) through
(k) of the revised section 2533b are utilized through an open
and transparent process, to the extent consistent with the
protection of national security information and confidential
business information.
Procurement of commercial services (sec. 805)
The House bill contained a provision (sec. 801) that
would require the Administrator for Federal Procurement Policy
to modify the Federal Acquisition Regulation to narrow the
regulatory definition of commercial services.
The Senate amendment contained a provision (sec. 823)
that would limit the use of time and materials contracts to
purchase commercial services for or on behalf of the Department
of Defense.
The Senate recedes with an amendment that would require
the Secretary of Defense to modify the regulations of the
Department of Defense to: (1) authorize the contracting officer
in the procurement of certain commercial services to require
offerors to submit sufficient information to evaluate, through
price analysis, the reasonableness of the proposed price; and
(2) address the categories of services which may be purchased
for or on behalf of the Department of Defense pursuant to
commercial time and materials contracts.
Specification of amounts requested for procurement of contract services
(sec. 806)
The Senate amendment contained a provision (sec. 843)
that would require the Department of Defense (DOD) to clearly
and separately identify in its budget justification materials
the amounts requested in each budget account for the
procurement of contract services.
The House bill contained no similar provision.
The House recedes with an amendment that would: (1)
require that the materials submitted clearly identify amounts
requested for each category of service for each DOD component,
installation, or activity; and (2) provide that the provision
takes effect for fiscal years after fiscal year 2009.
The conferees note that the military services currently
identify certain categories of services--such as engineering
and technical services and advisory and assistance services--in
their budget justification documents. The conferees expect that
these and other categories of services will be identified
separately in the budget justification materials submitted in
accordance with this provision. In addition, the conferees
expect the budget justification materials to identify the total
amount in each account for contract services for each DOD
component, installation, or activity for which funding for such
services is requested.
The conferees further note that section 2330a of title
10, United States Code requires the Secretary of Defense to
establish a data collection system to provide management
information on DOD purchases of contract services. The
conferees encourage the Department to utilize the required data
collection system and ensure that budget information is
collected and reported in a manner that is consistent with the
collection and reporting of information on expenditures.
Inventories and reviews of contracts for services (sec. 807)
The House bill contained a provision (sec. 326(b)) that
would require the Secretary of Defense to establish an
inventory of work performed by contractors.
The Senate amendment contained a provision (sec. 845)
that would require the secretary of each military department
and the head of each defense agency to maintain an inventory of
activities performed pursuant to contracts for services based
on cost or time of performance.
The House recedes with an amendment that would codify a
requirement for the Secretary of Defense to maintain an annual
inventory of activities performed pursuant to contracts for
services for or on behalf of the Department of Defense. The
provision would require the secretaries of the military
departments and the heads of defense agencies to conduct
certain review and planning activities on the basis of the
annual inventories.
Independent management reviews of contracts for services (sec. 808)
The Senate amendment contained a provision (sec. 847)
that would require the Secretary of Defense to issue guidance
to provide for independent management reviews of contracts for
services.
The House bill contained no similar provision.
The House recedes with an amendment that would extend the
amount of time for the Secretary to issue the required guidance
and add additional matters to be addressed in the guidance. In
addition to the matters required in the Senate provision, the
independent management reviews would be required to
specifically address issues raised by contracts under which an
agency uses one contractor to perform program management and
other acquisition services with regard to services performed by
other contractors.
The conferees note the military services and defense
agencies are beginning to rely on a single contractor to
oversee program management of large services contracts, in a
manner similar to that of the ``lead systems integrator''
concept on hardware programs.
For example, the conferees understand that the program
structure for the Defense Logistics ``tire privatization''
program places extensive control for the management, supply,
and distribution of military tires into the hands of a single
contractor. Similarly, the Army's Warfighter Field Operations
Customer Support (Warfighter FOCUS) consolidates several
existing contracts for training aids, simulators, and ranges
used by the active, reserve, and Guard components of the Army
into a single contract for life cycle support to be managed by
a single large prime contractor over a 10 year period.
The conferees are concerned that the trend toward large
single contracts for the procurement of services may undermine
competition and result in unequal access to information about
future government needs. The conferees expect the Department of
Defense to review these issues and take appropriate action to
ensure that, to the extent that the Department continues to
rely upon such contracts, they do not result in the exclusion
or unequal treatment of competing contractors.
Implementation and enforcement of requirements applicable to
undefinitized contractual actions (sec. 809)
The Senate amendment contained a provision (sec. 848)
that would require the Secretary of Defense to issue guidance,
with detailed implementation instructions, for the Department
of Defense (DOD) to ensure the implementation and enforcement
of requirements applicable to undefinitized contractual actions
(UCAs).
The House bill contained no similar provision.
The House recedes with an amendment clarifying the issues
to be addressed in the guidance.
The conferees note that the DOD already has requirements
in place regarding the use of UCAs. However, the Government
Accountability Office (GAO) reported in June 2007 that DOD has
frequently failed to comply with these requirements.
For example, the Defense Federal Acquisition Regulation
Supplement (DFARS) states that when the final price of a UCA is
negotiated after a substantial portion of the required
performance has been completed, the negotiated profit rate
should reflect any reduced cost risk to the contractor for
costs incurred during contract performance before negotiation
of the final price. Section 215.404-71-3(d)(2) of the DFARS
states: ``When costs have been incurred prior to
definitization, generally regard the contract type risk to be
in the low end of the designated range. If a substantial
portion of the costs have been incurred prior to
definitization, the contracting officer may assign a value as
low as 0 percent, regardless of contract type.'' However, GAO
found no evidence that DOD contracting officers have been
observing these requirements in the negotiation of contract
fees. The conferees expect the guidance issued pursuant to this
section to include procedures for ensuring compliance with
these and other requirements regarding UCAs.
Clarification of limited acquisition authority for Special Operations
Command (sec. 810)
The House bill contained a provision (sec. 817) that
would clarify the authorities available to U.S. Special
Operations Command (SOCOM) by codifying the position of
acquisition executive and senior procurement executive,
respectively, by amending section 167(e)(4) of title 10, United
States Code.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that codifies the
position of the SOCOM command acquisition executive, and
deletes language stating that the acquisition executive shall
have the same duties and authorities as the service acquisition
executives. Furthermore, this provision states that the command
acquisition executive is responsible for supervising all SOCOM
acquisition matters regardless of whether or not such an
activity is carried out by the command or by a military
department (MILDEP) pursuant to a delegation of authority by
the command. The provision further authorizes the command
acquisition executive to negotiate acquisition-related
memoranda of agreement with the MILDEPs, to ensure proper
representation of the command in acquisition discussions, and
to receive acquisition directives and instructions of the
department.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Requirements applicable to multiyear contracts for the procurement of
major systems of the Department of Defense (sec. 811)
The Senate amendment contained a provision (sec. 801)
that would define the term ``substantial savings'' for the
purposes of authorizing multiyear contracts.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to certify in writing by no later than
March 1 of a year in which the Secretary requests legislative
authority to enter into a multiyear contract for which such
authority is required that he has made certain determinations
with regard to such contract.
The conferees agree that ``substantial savings'' under
section 2306b(a)(1) of title 10, United States Code, means
savings that exceed 10 percent of the total costs of carrying
out the program through annual contracts, except that multiyear
contracts for major systems providing savings estimated at less
than 10 percent should only be considered if the Department
presents an exceptionally strong case that the proposal meets
the other requirements of section 2306b(a), as amended. The
conferees agree with a Government Accountability Office finding
that any major system that is at the end of its production line
is unlikely to meet these standards and therefore would be a
poor candidate for a multiyear procurement contract.
The conferees further agree that the Cost Analysis
Improvement Group must be tasked and resourced to perform the
cost estimates required by this section in a timely manner to
ensure compliance with this section.
Changes to Milestone B certifications (sec. 812)
The Senate amendment contained a provision (sec. 802)
that would: (1) require that the milestone decision authority
(MDA) receive a business case analysis before making a
Milestone B certification under section 2366a of title 10,
United States Code; and (2) require the program manager for a
major defense acquisition program (MDAP) to immediately notify
the MDA of significant changes to the MDAP after a Milestone B
certification is made.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
the requirements for Milestone B certifications.
Comptroller General report on Department of Defense organization and
structure for major defense acquisition programs (sec. 813)
The Senate amendment contained a provision (sec. 803)
that would require the Comptroller General to report to the
congressional defense committees on potential modifications to
the Department of Defense organization and structure for major
defense acquisition programs.
The House bill contained no similar provision.
The House recedes with an amendment striking two of the
elements of the study and adding a new element: a review of
whether, and how, the combatant commands should participate in
long-term planning for future capabilities.
The conferees agree that the review of shorter, more
frequent acquisition milestones should include appropriate
consideration of: (1) separate milestones at the time of
approval of a mission need statement, approval of a capability
need definition, technology development and assessment, system
development and demonstration, final design, production
prototyping and testing, limited production, and full-rate
production; and (2) a requirement that appropriate officials
certify to the Milestone Decision Authority that exit criteria
related to cost, schedule, technological maturity, and
performance factors have been met prior to a program proceeding
to the next milestone.
Clarification of submission of cost or pricing data on noncommercial
modifications of commercial items (sec. 814)
The House bill contained a provision (sec. 812) that
would clarify certain thresholds in the Truth in Negotiations
Act (10 U.S.C. 2306a).
The Senate amendment contained a similar provision (sec.
822(c)).
The Senate recedes with a technical amendment.
Clarification of rules regarding the procurement of commercial items
(sec. 815)
The House bill contained a provision (sec. 811) that
would amend the Truth in Negotiations Act, section 2306a of
title 10, United States Code, to require the submission of cost
or pricing data for sole-source contracts for commercial items
if needed to determine that a price is fair and reasonable.
The Senate amendment contained a provision (sec. 822)
that would amend section 2379 of title 10, United States Code,
to narrow the categories of subsystems, components, and spare
parts of major weapon systems that may be purchased as
commercial items.
The House recedes with an amendment that would authorize
the contracting officer in the procurement of a major weapon
system, or subsystems, components, or spare parts for a major
weapon system to require offerors to submit sufficient
information to evaluate, through price analysis, the
reasonableness of the proposed price. The information required
to be submitted may include information on prices paid for the
same or similar items under comparable terms and conditions
and, if the contracting officer determines that price
information is not sufficient to determine the reasonableness
of price, other relevant information regarding the basis of
price or cost, including information on labor costs, material
costs, and overhead rates.
The conferees expect that a contracting officer's written
determination under this section will include an explanation of
the basis for the contracting officer's determination that: (1)
the item is a commercial item; and (2) the information provided
by the contractor is sufficient to evaluate the reasonableness
of price.
Review of systemic deficiencies on major defense acquisition programs
(sec. 816)
The House bill contained a provision (sec. 847) that
would require each component of the Department of Defense that
has multiple programs experiencing excessive cost growth in any
fiscal year to identify and report on systemic deficiencies in
its acquisition policies and practices that may have
contributed to such cost growth.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Under Secretary of Defense for Acquisition, Technology, and
Logistics to conduct an annual review of systemic deficiencies
in major defense acquisition programs that have led to critical
cost threshold breaches or required recertification of programs
by the Joint Requirements Oversight Council.
Investment strategy for major defense acquisition programs (sec. 817)
The Senate amendment contained a provision (sec. 804)
that would require the Secretary of Defense to submit a report
to the congressional defense committees on the strategies of
the Department of Defense for balancing the allocation of funds
and other resources among major defense acquisition programs.
The report would also address the role of the Tri-Chair
Committee of the Department of Defense in the resource
allocation process for major defense acquisition programs.
The House bill contained no similar provision.
The House recedes with an amendment that would require
that the report also address, to the maximum extent
practicable, any changes to the budget, acquisition, and
requirements processes of the Department of Defense that the
Department has undertaken or plans to undertake as a result of
changes in law made by provisions of this Act.
Report on implementation of recommendations on total ownership cost for
major weapon systems (sec. 818)
The Senate amendment contained a provision (sec. 805)
that would require the Secretary of Defense to report to the
congressional defense committees on the implementation of
recommendations by the Comptroller General regarding total
ownership cost for major weapon systems.
The House bill contained no similar provision.
The House recedes.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Plan for restricting government-unique contract clauses on commercial
contracts (sec. 821)
The House bill contained a provision (sec. 813) that
would require the Under Secretary of Defense for Acquisition,
Technology, and Logistics to develop and implement a plan to
minimize the number of government-unique contract clauses used
in commercial contracts.
The Senate amendment contained no similar provision.
The Senate recedes.
Extension of authority for use of simplified acquisition procedures for
certain commercial items (sec. 822)
The House bill contained a provision (sec. 814) that
would extend the authority of the Department of Defense to use
simplified acquisition procedures for the acquisition of
certain commercial items.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require a
report on the use of the authority.
Five-year extension of authority to carry out certain prototype
projects (sec. 823)
The House bill contained a provision (sec. 816) that
would extend for 5 years the authority of the Secretary of
Defense to carry out certain prototype projects.
The Senate amendment contained an identical provision
(sec. 825). The conference agreement includes this provision.
Exemption of Special Operations Command from certain requirements for
certain contracts relating to vessels, aircraft, and combat
vehicles (sec. 824)
The House bill contained a provision (sec. 818) that
would exempt U.S. Special Operations Command from leasing
limitations as required in section 2401 of title 10, United
States Code.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would permit
the Secretary of Defense to exempt U.S. Special Operations
Command from leasing limitations regarding substantial
termination liability, as required in section 2401 of title 10,
United States Code, if he or she can certify that specified
conditions have been met, and informs Congress in advance of
the certification.
Provision of authority to maintain equipment to Unified Combatant
Command for Joint Warfighting (sec. 825)
The House bill contained a provision (sec. 819) that
would clarify the acquisition authority of the Unified
Combatant Command for Joint Warfighting.
The Senate amendment contained a similar provision (sec.
874).
The Senate recedes with an amendment that would extend
the authority for two years.
Market research (sec. 826)
The House bill contained a provision (sec. 820) that
would require the Secretary of Defense to take certain steps to
ensure that the Department of Defense and its prime contractors
conduct appropriate market research before making purchases for
or on behalf of the Department.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would provide
additional flexibility to the Secretary in providing for market
research.
The conference agreement directs the Secretary to work to
develop market research tools to assist contracting officers
and prime contractors in performing market research. In
developing such tools, the conferees expect the Secretary to
give appropriate consideration to the use of web-based tools
such as search engines.
Modification of competition requirements for purchases from Federal
Prison Industries (sec. 827)
The Senate amendment contained a provision (sec. 824)
that would tighten requirements for competition in Department
of Defense purchases from Federal Prison Industries.
The House bill contained no similar provision.
The House recedes.
Multiyear contract authority for electricity from renewable energy
sources (sec. 828)
The Senate amendment contained a provision (sec. 826)
that would authorize the Secretary of Defense to enter
contracts for up to 10 years for the purchase of electricity
from sources of renewable energy.
The House bill contained no similar provision.
The House recedes with an amendment clarifying that the
authority provided in this provision does not preclude the use
of any other multiyear contracting authority available to the
Department of Defense for the purchase of electricity from
renewable sources.
Procurement of fire resistant rayon fiber for the production of
uniforms from foreign sources (sec. 829)
The Senate amendment contained a provision (sec. 827)
that would authorize the continued procurement of fire
resistant rayon fiber for the production of uniforms from
foreign sources under certain conditions. The provision would
expire 5 years after the date of the enactment of this Act.
The House bill contained no similar provision.
The House recedes.
Comptroller General review of noncompetitive awards of congressional
and executive branch interest items (sec. 830)
The Senate amendment contained a provision (sec. 828)
that would establish special competition rules for contracts
awarded by the Department of Defense to implement new programs
or projects pursuant to congressional initiatives.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Comptroller General of the United States to compare the
procedures used by the Department of Defense for contracts to
implement new programs or projects pursuant to congressional
initiatives with the procedures used for contracts to implement
new programs or projects of special interest to senior
executive branch officials.
Subtitle D--Accountability in Contracting
Commission on Wartime Contracting in Iraq and Afghanistan (sec. 841)
The Senate amendment contained a provision (sec. 1539(a))
that would establish a Commission on Wartime Contracting to
review federal contracting for the reconstruction of Iraq and
Afghanistan, logistical support of coalition forces operating
in Iraq and Afghanistan, and the performance of security and
intelligence functions in Iraq and Afghanistan.
The House bill contained no similar provision.
The House recedes with an amendment deleting the review
of contracting for intelligence functions from the Commission's
responsibilities and making certain modifications to the
structure of the Commission.
Investigation of waste, fraud, and abuse in wartime contracts and
contracting processes in Iraq and Afghanistan (sec. 842)
The Senate amendment contained a provision (sec. 1539(b))
that would require the Special Inspector General for Iraq
Reconstruction to conduct a series of audits of contracts for
the logistical support of coalition forces in Iraq and
Afghanistan and contracts for the performance of security and
reconstruction functions in Iraq and Afghanistan.
The House bill contained no similar provision.
The House recedes with an amendment that would provide
for the audits to be conducted by the inspectors general with
jurisdiction over the relevant contracts. The audits would be
conducted pursuant to audit plans developed by the Department
of Defense Inspector General, the Special Inspector General for
Iraq Reconstruction, and the Special Inspector General for
Afghanistan Reconstruction, and would be coordinated through
councils and working groups composed of the relevant inspectors
general.
The conferees do not intend for the audits conducted
pursuant to this section to duplicate audit work previously
performed under other authority.
Enhanced competition requirements for task and delivery order contracts
(sec. 843)
The House bill contained a provision (sec. 821) that
would address the issue of competition in contracting on a
government-wide basis.
The Senate amendment contained a provision (sec. 821)
that would encourage the use of multiple-award task and
delivery order contracts in lieu of single-award contracts,
enhance requirements for the competition of task orders and
delivery orders under multiple-award contracts, and authorize
bid protests for task or delivery orders in excess of $5.0
million under such contracts.
The House bill contained no similar provision.
The House recedes with an amendment that would address
the competition issues in the Senate provision on a government-
wide basis. The provision would raise the threshold for bid
protests to $10.0 million and sunset the authorization for bid
protests after 3 years. The conferees expect that the sunset
date will provide Congress with an opportunity to review the
implementation of the provision and make any necessary
adjustments.
Public disclosure of justification and approval documents for
noncompetitive contracts (sec. 844)
The House bill contained a provision (sec. 823) that
would require public disclosure of justification and approval
documents for noncompetitive contracts.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the disclosure of such documents through appropriate websites,
rather than through the Federal Procurement Data System.
Disclosure of government contractor audit findings (sec. 845)
The House bill contained a provision (sec. 824) that
would require the head of each federal agency to submit
quarterly reports to Congress on completed audits of
contractors performed by the agency or department.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the inclusion of significant findings in final, completed
audits of contractors in the semiannual reports submitted to
Congress by Inspectors General pursuant to section 5 of the
Inspector General Act (Public Law 95-452, as amended). The
provision would provide for the redaction from such reports of
information that is exempt from public disclosure under the
Freedom of Information Act (section 552(b) of title 5, United
States Code).
Protection of contractor employees from reprisal for disclosure of
certain information (sec. 846)
The Senate amendment contained a provision (sec. 861)
that would provide enhanced protection for contractor employees
who disclose evidence of waste, fraud, or abuse on Department
of Defense contracts.
The House bill contained no similar provision.
The House recedes with an amendment that would: expand
the categories of government officials to whom a protected
communication may be made; expand the categories of waste,
fraud, and abuse about which a protected communication may be
made; and establish a de novo right of action in federal
district court for contractor employees who have exhausted
their administrative remedies under the provision.
Requirements for senior Department of Defense officials seeking
employment with defense contractors (sec. 847)
The Senate amendment contained a provision (sec. 862)
that would require contractors that receive defense contracts
in excess of $10.0 million to report to the Department of
Defense (DOD) on an annual basis on certain former senior DOD
officials who receive compensation from the contractor.
The House bill contained no similar provision.
The House recedes with an amendment that would require
certain former senior DOD officials to obtain written opinions
from the appropriate DOD ethics officials before accepting
compensation from DOD contractors.
The conferees encourage covered DOD officials to request
the required written opinion from an ethics counselor regarding
post-employment restrictions that may apply to the official
prior to leaving the Department whenever possible.
Report on contractor ethics programs of major defense contractors (sec.
848)
The Senate amendment contained a provision (sec. 863)
that would require the Comptroller General to report to the
Committees on Armed Services of the Senate and the House of
Representatives on the internal ethics programs of major
defense contractors.
The House bill contained no similar provision.
The House recedes with a technical amendment.
In conducting the required review, the conferees direct
the Comptroller General to report on the extent to which the
internal ethics programs of major defense contractors include:
(1) disclosure of personal financial interests and outside
employment by key personnel performing work for the government;
(2) conflict mitigation measures for addressing any personal
conflicts of interest of employees in connection with their
work on Department of Defense contracts; and (3) procedures for
reporting these personal conflicts of interest and any
mitigation measures to the Department of Defense.
Contingency contracting training for personnel outside the acquisition
workforce and evaluations of Army Commission recommendations
(sec. 849)
The Senate amendment contained a provision (sec. 865)
that would require the Secretary of Defense to provide for
appropriate training of military personnel outside the
acquisition workforce who are expected to have acquisition
responsibilities during combat operations, post-conflict
operations, and contingency operations.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense and the Secretary of the Army to
review the recommendations of the Commission on Army
Acquisition and Program Management in Expeditionary Operations
and report to the congressional defense committees on steps
that they have taken or plan to take to implement those
recommendations. The conferees agree with the Commission's
conclusion that acquisition failures in expeditionary
operations urgently require a systemic fix of Army contracting
and urge the Secretary of Defense and the Secretary of the Army
to act on the Commission's recommendations as expeditiously as
possible.
Subtitle E--Acquisition Workforce Provisions
Requirement for section on defense acquisition workforce in strategic
human capital plan (sec. 851)
The House bill contained a provision (sec. 802(b)) that
would require the Secretary of Defense to include a section on
the acquisition workforce in annual updates of the strategic
human capital plan required under section 1122 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163).
The Senate amendment contained a similar provision (sec.
844(h)).
The Senate recedes with an amendment clarifying the
issues to be addressed in the plan.
Department of Defense acquisition workforce development fund (sec. 852)
The Senate amendment contained a provision (sec. 844)
that would establish an acquisition workforce development fund
to ensure that the Department of Defense (DOD) has the
capacity, in both personnel and skills, needed to properly
perform its mission, provide appropriate oversight of
contractor performance, and provide the best value for the
expenditure of public resources in DOD acquisitions. The fund
would be financed through quarterly remittances by the military
departments and defense agencies.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the Secretary of Defense to reduce the percentages on which
remittances to the fund are based, if the Secretary determined
that credits to the fund would otherwise exceed amounts
reasonably needed for the development of the DOD acquisition
workforce. The provision would establish minimum levels, below
which the Secretary would not be permitted to reduce annual
remittances to the fund.
The conferees note that the final report of the
Commission on Army Acquisition and Program Management in
Expeditionary Operations, released on October 31, 2007, found
that the Army has failed to recognize the importance of the
contracts requirement development process, failed to allocate
resources needed for contract management, and failed to provide
defined clear paths for contracting professionals. The report
concluded that ``contracting, from requirements definition to
contract management, is not an Army Core Competence. The Army
has excellent, dedicated people, but they are understaffed,
overworked, under-trained, under-supported and, most important,
under-valued.''
Unfortunately, these shortcomings, which have increased
the Army's vulnerability to fraud, waste, and abuse, are not
limited to the Department of the Army. The Acquisition Advisory
Panel chartered pursuant to section 1423 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-
136) reported that the failure of DOD and other federal
agencies to adequately fund the acquisition workforce is ``
`penny wise and pound foolish,' as it seriously undermines the
pursuit of good value for the expenditure of public
resources.'' The fund established by this provision is intended
to address this problem by making the investments needed to
reinvigorate the DOD acquisition workforce.
Extension of authority to fill shortage category positions for certain
federal acquisition positions (sec. 853)
The House bill contained a provision (sec. 815) that
would amend section 1413 of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136) to extend the
authority of federal agencies to treat certain acquisition
positions as shortage category positions.
The Senate amendment contained a provision (sec. 844(g))
that would have provided a similar extension, applicable only
to the Department of Defense.
The Senate recedes.
Repeal of sunset of acquisition workforce training fund (sec. 854)
The House bill contained a provision (sec. 802(a)) that
would repeal the sunset of the acquisition workforce training
fund established pursuant to section 37(h) of the Office of
Federal Procurement Policy Act (41 U.S.C. 433(h)).
The Senate amendment contained no similar provision.
The Senate recedes.
Federal acquisition workforce improvements (sec. 855)
The House bill contained a provision (sec. 825) that
would require the Administrator for Federal Procurement Policy
to conduct a study of the composition, scope, and functions of
the government-wide acquisition workforce and develop a
comprehensive definition of, and method of measuring the size
of, such workforce.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment directing the
Administrator to: designate a member of the Senior Executive
Service as Associate Administrator for Acquisition Workforce
Programs; work with agency heads to establish acquisition
training programs; develop performance standards for
acquisition workforce training; ensure that agency heads
collect and maintain standardized information on the
acquisition workforce; work with agency heads to develop
acquisition workforce human capital plans; and work with the
Office of Personnel Management to encourage agencies to utilize
existing personnel authorities to recruit and retain qualified
acquisition personnel.
Subtitle F--Contracts in Iraq and Afghanistan
Memorandum of understanding on matters relating to contracting (sec.
861)
The House bill contained a provision (sec. 831) that
would require the Secretary of Defense and other relevant
agency heads to sign a memorandum of understanding (MOU)
regarding matters relating to contracting in Iraq and
Afghanistan and prohibit the award of any new contracts in Iraq
and Afghanistan after January 1, 2008, until the MOU has been
signed.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment eliminating the
prohibition on the award of new contracts.
Contractors performing private security functions in areas of combat
operations (sec. 862)
The Senate amendment contained a provision (sec. 871)
that would: (1) require the Secretary of Defense to prescribe
regulations on the selection, training, equipment, and conduct
of personnel performing private security functions in an area
of combat operations; and (2) ensure that contractors and
subcontractors of all federal agencies are subject to such
regulations and to directives issued by combatant commanders in
accordance with such regulations.
The House bill contained no similar provision.
The House recedes with an amendment clarifying that the
requirements of this provision do not apply to contracts
entered into by the intelligence community in support of
intelligence activities.
The conferees have agreed to provide the Secretary of
Defense the authority to require contractors to comply with the
regulations issued under this section in areas where there is
the potential for combat operations. The conferees intend that
the Secretary use this authority with discretion to designate
areas with a high potential for combat operations with a
commensurate likelihood that private security contractors in
such areas would come into regular contact with members of the
armed forces.
Comptroller General reviews and reports on contracting in Iraq and
Afghanistan (sec. 863)
The House bill contained a provision (sec. 832) that
would require the Comptroller General to report to review data
on contracts in Iraq and Afghanistan and report to Congress
every 6 months.
The Senate amendment contained a provision (sec. 878)
that would require agency heads to report to Congress on
similar issues.
The Senate recedes with an amendment that would require
reports to Congress on an annual basis, instead of every 6
months.
Definitions and other general provisions (sec. 864)
The House bill contained a provision (sec. 833) that
would define certain terms used in provisions on contracting in
Iraq and Afghanistan.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would add
definitions of the terms ``covered contract'' and ``private
security functions'' and clarify that nothing in this subtitle
shall be interpreted to require the handling of classified
information or information relating to intelligence sources and
methods in a manner inconsistent with the requirements of
applicable provisions of law, regulation, executive order, or
legislative branch rules.
Subtitle G--Defense Materiel Readiness Board
Establishment of Defense Materiel Readiness Board (sec. 871)
The House bill contained a provision (sec. 1702) that
would require the Secretary of Defense to establish a Defense
Readiness Production Board and define the membership and
functions of the Board.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to establish a Defense Materiel
Readiness Board. The Board would be required to provide
independent assessments of materiel readiness, readiness
shortfalls, and readiness plans to the Secretary of Defense and
Congress.
Critical materiel readiness shortfalls (sec. 872)
The House bill contained a series of provisions (secs.
1705, 1706, and 1708) that would provide the Secretary of
Defense with authorities to address critical materiel readiness
shortfalls.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would
consolidate the authorities provided to the Secretary into a
single provision. The provision would authorize the Secretary
to: designate certain requirements of the Department of Defense
as critical materiel readiness shortfalls; ensure that relevant
officials of the Department of Defense prioritize and address
such shortfalls in requirements, budgets, and acquisition;
authorize the transfer of up to $2.0 billion in authorizations
in fiscal year 2008, subject to established procedures, to
address such shortfalls; establish a Strategic Readiness Fund
to address such shortfalls; and provide for the secretaries of
the military departments to report whether multiyear contracts
should be used to address critical materiel readiness
shortfalls. The conferees note that nothing in this provision
modifies existing statutory requirements regarding the use of
multiyear contracts.
Subtitle H--Other Matters
Clearinghouse for rapid identification and dissemination of commercial
information technologies (sec. 881)
The House bill contained a provision (sec. 841) that
would require the Assistant Secretary of Defense for Networks
and Information Integration to establish a demonstration
project to identify, assess, stimulate investment in, rapidly
acquire, and coordinate the use of information technologies
(with an emphasis on commercial off-the-shelf information
technologies).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Assistant Secretary to establish a clearinghouse to
identify, assess, and disseminate knowledge about commercial
information technologies (with an emphasis on commercial off-
the-shelf information technologies, but also including
government off-the-shelf information technologies).
Authority to license certain military designations and likenesses of
weapons systems to toy and hobby manufacturers (sec. 882)
The House bill contained a provision (sec. 843) that
would require the secretaries of the military departments to
license trademarks, service marks, certification marks, and
collective marks relating to military designations and
likenesses of military weapons systems to toy or hobby
manufacturers.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify
that the licenses apply to trademarks owned or controlled by
the Department of Defense, and give the secretaries of the
military departments discretion over granting such licenses.
Modifications to limitation on contracts to acquire military flight
simulator (sec. 883)
The House bill contained a provision (sec. 844) that
would modify the waiver standard in section 832 of the John
Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364), which placed limitations on the use of
service contracts to acquire military flight simulators.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would limit the
applicability of section 832 to contracts that were entered
into prior to October 17, 2006.
Requirements relating to waivers of certain domestic source limitations
relating to specialty metals (sec. 884)
The House bill contained a provision (sec. 846) that
would require that any domestic non-availability determination
pursuant to section 2533b(b) of title 10, United States Code,
that would apply to more than one prime contract of the
Department of Defense be made on the basis of a formal
rulemaking process.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
that the Secretary of Defense solicit information from
interested parties, including producers of specialty metal mill
products, to the maximum extent practicable and in a manner
consistent with the protection of national security information
and confidential business information before making a domestic
non-availability determination that would apply to more than
one prime contract. The provision would also require that the
Secretary's determination and the rationale for the
determination be made publicly available to the maximum extent
practicable consistent with the protection of national security
information and confidential business information.
Telephone services for military personnel serving in combat zones (sec.
885)
The House bill contained a provision (sec. 848) that
would require the Secretary of Defense to: (1) use competitive
procedures in entering new contracts to provide morale,
welfare, and recreation telephone service for personnel serving
in combat zones; and (2) ensure that such contracts provide
individual users the flexibility of using phone cards from
multiple phone service providers.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary to use competitive procedures when contracting
for morale, welfare, and recreation telephone services and to
review and determine whether it is in the best interest of the
Department of Defense (DOD) to provide individual users the
flexibility of using multiple phone service providers under
such contracts.
The conferees expect the Secretary to take appropriate
steps to ensure that the cost of phone cards, both to DOD and
to DOD personnel, is as low as possible under both existing and
future contracts. In general, contracts for morale, welfare,
and recreation phone services should recognize the contractor's
demonstrable and reasonable costs of access when providing
individual users the flexibility of using phone cards from
providers other than the contractor.
Enhanced authority to acquire products and services produced in Iraq
and Afghanistan (sec. 886)
The Senate amendment contained a provision (sec. 872)
that would authorize the Secretary of Defense to establish a
preference for the acquisition of products and services in Iraq
and Afghanistan for the purpose of providing a stable source of
jobs and employment in Iraq and Afghanistan in cases where the
preference will not have an adverse effect on U.S. military
operations or the U.S. industrial base.
The House bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to report
to the congressional defense committees on the use of this
authority six months after the date of the enactment of this
Act and every six months thereafter until the end of fiscal
year 2009. Each such report should address the dollar amounts
and purposes of procurements made under the authority of this
section during the preceding six-month period.
Defense Science Board review of Department of Defense policies and
procedures for the acquisition of information technology (sec.
887)
The Senate amendment contained a provision (sec. 873)
that would require the Secretary of Defense to direct the
Defense Science Board to carry out a review of Department of
Defense policies and procedures for the acquisition of
information technology.
The House bill contained no similar provision.
The House recedes.
Green procurement policy (sec. 888)
The Senate amendment contained a provision (sec. 876)
that would require the Secretary of Defense to report to
Congress on plans to increase the usage of environmentally
friendly products at Department of Defense facilities.
The House bill contained no similar provision.
The House recedes with an amendment that would delete the
findings included in the Senate provision and would require the
report to cover consideration of the budgetary impact of
implementation of the plan.
The conferees support the efforts of the Department of
Defense to purchase environmentally friendly products and urge
the Department to take additional steps to increase the usage
of these products, and to document and track such usage.
Comptroller General review of use of authority under the Defense
Production Act of 1950 (sec. 889)
The Senate amendment contained a provision (sec. 877)
that would require the Comptroller General to review the
application of the Defense Production Act of 1950 over the last
5 years.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
the issues to be addressed in the review.
Prevention of export control violations (sec. 890)
The House bill contained a provision (sec. 810) that
would provide for the debarment of any contractor or
prospective contractor who has been convicted of a criminal
violation of any provision of the Arms Export Control Act
(section 2751 of title 22, United States Code, et seq.).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to promulgate regulations requiring
Department of Defense contractors to comply with applicable
export control laws and regulations, develop a contract clause
enforcing such requirement, and ensure that contractors are
made aware of resources available to assist in compliance with
such requirements.
Procurement goal for native Hawaiian-serving institutions and Alaska
native-serving institutions (sec. 891)
The House bill contained a provision (sec. 807) that
would clarify that the minority-serving institutions covered by
the goal established in section 2323 of title 10, United States
Code, includes native Hawaiian-serving institutions and Alaska
native-serving institutions.
The Senate amendment contained no similar provision.
The Senate recedes.
Competition for procurement of small arms supplied to Iraq and
Afghanistan (sec. 892)
The House bill contained a provision (sec. 834) that
would require competition for the procurement of small arms
supplied to Iraq and Afghanistan.
The Senate amendment contained an identical provision
(sec. 1534). The conference agreement includes this provision.
Legislative Provisions Not Adopted
Clarification of jurisdiction of the United States district courts to
hear bid protest disputes involving maritime contracts
The House bill contained a provision (sec. 850) that
would limit bid protests arising out of maritime contracts to
the U.S. Court of Federal Claims.
The Senate amendment contained no similar provision.
The House recedes.
Defense Production Industry Advisory Council
The House bill contained a provision (sec. 1703) that
would require the Secretary of Defense to establish a Defense
Production Industry Advisory Council.
The Senate amendment contained no similar provision.
The House recedes.
Evaluation of cost of compliance with requirement to buy certain
articles from American sources
The House bill contained a provision (sec. 845) that
would require that costs related to compliance with
requirements related to the purchase of specialty metals from
non-domestic sources be excluded from consideration in the
evaluation of offers for Department of Defense contracts.
The Senate amendment contained no similar provision.
The House recedes.
Jurisdiction under Contract Disputes Act of 1978 over claims, disputes,
and appeals arising out of maritime contracts
The House bill contained a provision (sec. 849) that
would extend the coverage of the Contract Disputes Act of 1978
(41 U.S.C. 601 et seq.) to maritime contracts.
The Senate amendment contained no similar provision.
The House recedes.
Management structure for the procurement of contract services
The Senate amendment contained a provision (sec. 842)
that would authorize the military departments to establish
Contract Support Acquisition Centers.
The House bill contained no similar provision.
The Senate recedes.
Maximizing fixed-price procurement contracts
The House bill contained a provision (sec. 822) that
would require the head of each executive branch agency to
develop and implement a plan to maximize the use of fixed-price
type contracts for the procurement of goods and services.
The Senate amendment contained no similar provision.
The House recedes.
Prohibition on procurement from beneficiaries of foreign subsidies
The House bill contained a provision (sec. 804) that
would prohibit the Secretary of Defense from entering into a
contract with a foreign person who has received a subsidy from
the government of a foreign country, if the United States has
requested a consultation with that foreign country on the basis
that the subsidy is prohibited under the Agreement on Subsidies
and Countervailing Measures.
The Senate amendment contained no similar provision.
The House recedes.
Prohibition on procurement from companies in violation of the Iran and
Syria Nonproliferation Act
The House bill contained a provision (sec. 805) that
would prohibit the use of funds for the procurement of goods or
services at a prime contract or subcontract level from any
source that is owned or controlled by an entity that is subject
to sanctions for violations of the Iran and Syria
Nonproliferation Act (Public Law 106-178).
The Senate amendment contained no similar provision.
The House recedes.
Purpose
The House bill contained a provision (sec. 1701) that
would establish the purpose of the Defense Readiness Production
Board.
The Senate amendment contained no similar provision.
The House recedes.
Repeal of requirement for identification of essential military items
and military system essential item breakout list
The Senate amendment contained a provision (sec. 875)
that would repeal the requirement for the Secretary of Defense
to submit an annual report to the congressional defense
committees listing essential items, assemblies, and components
of military systems.
The House bill contained no similar provision.
The Senate recedes.
Report on Department of Defense contracting with contractors or
subcontractors employing members of the Selected Reserve
The Senate amendment contained a provision (sec. 864)
that would require the Secretary of Defense to conduct a study
on contracting with the Department of Defense by contractors
and subcontractors who employ members of the Selected Reserve.
The House bill contained no similar provision.
The Senate recedes.
Report to Congress
The House bill contained a provision (sec. 826) that
would require the Director of the Office of Government Ethics
to submit a report to Congress that contains the Director's
recommendations on requiring certain government contractor
employees to comply with restrictions relating to personal
financial interests such as those that apply to federal
employees.
The Senate amendment contained no similar provision.
The House recedes.
Report to Congress required on delays in major phases of acquisition
process for major automated information system programs
The House bill contained a provision (sec. 842) that
would require the Secretary of Defense to report to Congress if
there is a delay in meeting any deadline for a phase of the
acquisition process in the case of a major automated
information system program.
The Senate amendment contained no similar provision.
The House recedes.
Role of Chairman of Board in certain reporting processes
The House bill contained a provision (sec. 1704) that
would establish the role of the Chairman of the Defense
Readiness Production Board in certain Department of Defense
processes.
The Senate amendment contained no similar provision.
The House recedes.
Special authority for use of working capital funds for critical
readiness requirements
The House bill contained a provision (sec. 1707) that
would provide special authority for the Secretary of Defense to
transfer funds from one working capital fund to another for the
purpose of addressing critical readiness programs.
The Senate amendment contained no similar provision.
The House recedes.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Items of Special Interest
Operationally responsive space
The conferees continue to strongly support the concept of
operationally responsive space (ORS) and note that the joint
ORS program office was recently established with an Air Force
director and a deputy director that will rotate among the
services or other federal agencies. There are many
opportunities for work in the ORS office and the conferees
believe that the Department of Defense (DOD) decision to
categorize the potential work into three tiers is a good way to
begin to establish priorities for the office. Tier 1 activities
focus on utilizing existing assets in new ways; Tier 2
activities focus on payload and satellite bus work to support
rapid replacement, reconstitution, and quick reaction
capabilities that could be delivered in days to weeks. Tier 3
activities focus on the rapid development and deployment of
capabilities that are capable of delivery within months to a
year. Development of low-cost launch is embedded within these
tiers.
The conferees urge the ORS office, working with the U.S.
Strategic Command and the Joint Staff, to develop a balanced,
integrated program that will include activities in all three
tiers. The conferees are concerned that the balance at present
may be too heavily focused in the direction of Tier 1. In the
conference report accompanying the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Conf. Rpt. 109-702),
the conferees directed the Secretary of Defense to establish
the ORS office ``to facilitate the development of low-cost,
rapid reaction payloads, buses, space-lift, and launch control
capabilities to fulfill joint military operational requirements
for on-demand space support and reconstition.'' Keeping in mind
this guidance, the ORS office should work to find the right
niche for small, low-cost satellites and launch vehicles that
will deliver the most capability for the warfighter and focus
activities in a few high pay-off areas.
Space acquisition
The conferees continue to be concerned about the high
costs, the requirements process, and the priorities that have
been established in the space acquisition process. In many
instances capability decisions are made too quickly and on the
basis of a specific technology rather than as a result of
evaluating a range of technologies that could be used to
provide a desired capability. Programs have been terminated
early to free up funding for the next-generation satellite
systems, and new programs have been started with immature
technologies and without clear and feasible requirements.
Programs often have overly aggressive schedules, insufficient
funding, and inadequate personnel resources. When one or more
of these elements are combined the result has been a national
security space program plagued with schedule delays, technical
difficulties, and cost overruns, many of which are quite large.
While the conferees share the desire of the Department of
Defense (DOD) and the military services to provide the best
space capabilities to the warfighter as quickly as possible, in
many instances haste, inadequate planning, and overly
optimistic assumptions have in fact delayed programs, and have
made space system architectures fragile and vulnerable to
capability gaps. On the other hand, the conferees recognize the
challenge of designing, developing, and launching satellites.
In response to these programs the DOD, the Air Force, the
intelligence community, and the Navy have recently taken steps
to provide sufficient funding, focus on the requirements
process, and development of a sequential approach to improving
capability. This back-to-basics approach is off to a good
start, but more remains to be done to improve the acquisition
of space systems.
The conferees believe the military and intelligence
communities need to work together to identify opportunities for
more joint programs that support both communities. In addition
to the black-white space integration, the conferees stress the
need for evolutionary acquisition strategies that leverage
mature technology. The conferees support and urge the space
community to carefully phase new programs and to manage scarce
resources, including funding, people, and production
capabilities.
Legislative Provisions Adopted
Subtitle A--Department of Defense Management
Repeal of limitation on major Department of Defense headquarters
activities personnel and related report (sec. 901)
The House bill contained a provision (sec. 901) that
would authorize the Secretary of Defense to waive the
limitation in section 130a of title 10, United States Code, on
the number of major Department of Defense headquarters
activities personnel.
The Senate amendment contained a provision (sec. 901)
that would repeal the limitation in section 130a.
The House recedes with an amendment that would require
the Secretary of Defense to include information on military and
civilian personnel assigned to major Department of Defense
headquarters activities in the materials submitted to Congress
by the Secretary of Defense in support of the budget request
for each fiscal year.
Flexibility to adjust the number of deputy chiefs and assistant chiefs
(sec. 902)
The House bill contained a provision (sec. 902) that
would amend sections 3035(b), 5036(a), and 5037(a) of title 10,
United States Code, to provide the service secretaries with
greater flexibility to determine the number of Deputy Chiefs of
Staff and Assistant Chiefs of Staff or, in the case of the
Navy, Deputy Chiefs of Naval Operations and Assistant Chiefs of
Naval Operations, not to exceed eight total positions for each
service.
The Senate amendment contained a similar provision (sec.
906) that would provide this flexibility to the Secretary of
the Army.
The Senate recedes.
Change in eligibility requirements for appointment to Department of
Defense leadership positions (sec. 903)
The House bill contained a provision (sec. 903) that
would amend sections 113, 132, and 134 of title 10, United
States Code, to reduce from 10 years to 5 years the period of
time following active duty military service before a
commissioned officer of a regular component can be appointed as
Secretary of Defense, Deputy Secretary of Defense, or Under
Secretary of Defense for Policy.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would reduce
from 10 years to 7 years the period of time following active
duty military service before a commissioned officer of a
regular component could be appointed as Secretary of Defense,
Deputy Secretary of Defense, or Under Secretary of Defense for
Policy.
Management of the Department of Defense (sec. 904)
The House bill contained a provision (sec. 906) that
would require the Secretary of Defense to adopt a management
structure for the Department of Defense (DOD) and to assign
duties for significant management issues to a senior official
of a rank not lower than Under Secretary of Defense.
The Senate amendment contained a provision (sec. 902)
that would: (1) designate the Deputy Secretary of Defense as
the Chief Management Officer (CMO) of the Department; (2)
establish a new position of Under Secretary of Defense for
Management (Deputy Chief Management Officer); (3) designate the
under secretaries of the military departments as the CMOs of
those departments; and (4) assign specific duties to the CMOs
of DOD and the military departments.
The House recedes with an amendment that would: (1)
designate the Deputy Secretary of Defense as CMO of the
Department; (2) establish a new position of Deputy Chief
Management Officer of the Department of Defense; and (3)
require the Secretary of Defense and the secretaries of the
military departments to assign duties and authorities relating
to the management of the business operations for DOD and the
military departments.
The conferees note that their intent in establishing a
Deputy CMO for DOD is to ensure that a senior official of the
Department has formal responsibility, on a full-time basis, for
assisting the CMO in accomplishing his or her duties in the
development, approval, integration and oversight of policies,
procedures, processes, and systems for the management of the
Department. In the view of the conferees, the implementation of
these policies, procedures, processes, and systems should be
left to other officials and components of the Department.
This section codifies the position of Deputy CMO in title
10, United States Code, at a level on the Executive Schedule
equivalent with the Under Secretaries of Defense for Policy,
Personnel and Readiness, Comptroller, and Intelligence.
However, the conferees do not intend for the Deputy CMO to have
a staff or office structure of a size equivalent to that of an
Under Secretary. Rather, the Deputy CMO's primary role should
be to assist the CMO in planning and oversight of activities
carried out by other offices. The conferees believe strongly
that the Deputy CMO's office should not be of a size that could
distract from that role.
Revision in guidance relating to combatant command acquisition
authority (sec. 905)
The House bill contained a provision (sec. 907) that
would modify existing law to eliminate the requirement that the
acquisition programs of U.S. Special Operations Command support
the acquisition priorities of the respective services. The
House provision would also revise the consultation requirement
between defense agencies and military departments.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would strike
the revision in the consultation requirement contained in
section 907(b).
Department of Defense Board of Actuaries (sec. 906)
The House bill contained a provision (sec. 908) that
would consolidate the Department of Defense Retirement Board of
Actuaries and the Department of Defense Education Benefits
Board of Actuaries into the Department of Defense Board of
Actuaries.
The Senate amendment contained a similar provision (sec.
904).
The House recedes.
Modification of background requirement of individuals appointed as
Under Secretary of Defense for Acquisition, Technology, and
Logistics (sec. 907)
The Senate amendment contained a provision (sec. 903)
that would delete the requirement that a nominee for the
position of Under Secretary of Defense for Acquisition,
Technology, and Logistics have extensive management background
``in the private sector.''
The House bill contained no similar provision.
The House recedes.
The conferees agree that management experience in the
private sector can be an extremely valuable asset for an
individual serving in the position of Under Secretary of
Defense for Acquisition, Technology, and Logistics. However,
the conferees conclude that other experience--including
management experience in the public sector--may also be highly
relevant to service in this position.
Assistant secretaries of the military departments for acquisition
matters; principal military deputies (sec. 908)
The Senate amendment contained a provision (sec. 905)
that would require the appointment of a three-star officer as
the principal deputy to the service acquisition executive in
each of the military departments. The provision would exclude
the principal deputies from distribution limitations on flag
and general officers.
The House bill contained no similar provision.
The House recedes with an amendment that would designate
the three-star officers as principal military deputies, rather
than principal deputies, to the service acquisition executives.
The conferees recommend this change to preserve the option for
the military departments to appoint principal civilian deputies
to the service acquisition executives in addition to the
principal military deputies.
The provision would not address the distribution
limitations on flag and general officers. This issue is
addressed by a provision elsewhere in the conference report
that would amend section 525 of title 10, United States Code,
to authorize an increase in the number of flag or general
officers in each of the military services serving in a grade
above rear admiral or major general.
Sense of Congress on term of office of the Director of Operational Test
and Evaluation (sec. 909)
The Senate amendment contained a provision (sec. 907)
that would express the sense of Congress that the term of
office of the Director of Operational Test and Evaluation
should be not less than five years.
The House bill contained no similar provision.
The House recedes.
Subtitle B--Space Activities
Space Protection Strategy (sec. 911)
The House bill contained a provision (sec. 911) that
would set forth the policy of the United States with respect to
the priority within the Nation's space programs on the
protection of national security space systems. The provision
would also require the Secretary of Defense to develop a Space
Protection Strategy for four, 5-fiscal year periods beginning
in fiscal year 2008, and continuing through fiscal year 2025.
The first report on the strategy would be due March 15, 2008
with updated reports to be submitted biennially in every even-
numbered year thereafter. The provision would also repeal
section 911 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would set forth
the sense of Congress that the United States should place
greater priority on the protection of national security space
systems, direct that the strategy be developed in conjunction
with the Director of National Intelligence (DNI), and change
the due date of the first report on the strategy to no later
than 6 months after the date of enactment of this Act. The
report would also be prepared in conjunction with the DNI. In
addition, the amendment would clarify the elements to be
included in the strategy. The report on the strategy would be
submitted to the congressional defense committees and the
Committees on Intelligence in the Senate and the House of
Representatives.
The conferees remain concerned about the growing threat
to and vulnerability of our Nation's space capabilities,
highlighted by the January 11, 2007 Chinese anti-satellite test
and other counterspace developments. Key protection and space
situational awareness (SSA) capabilities could mitigate such
vulnerabilities but continue to be underfunded. Moreover, no
clear strategy exists to guide SSA investments.
Furthermore, the conferees believe that better
coordination of protection and SSA technology investments must
occur and that the Defense Advanced Research Projects Agency
should be consulted in the development of the strategy, to
assist in the development of suitable protection technologies.
The committees with jurisdiction over the subject matter
requested will work with the respective executive branch
organizations to determine the proper recipients of all
information requested by Congress. This determination will be
made in accordance with House and Senate rules and with respect
to proper protections of sources and methods.
Biennial report on management of space cadre within the Department of
Defense (sec. 912)
The House bill contained a provision (sec. 912) that
would require the Secretary of Defense and each secretary of a
military department to develop and use metrics to identify,
track, and manage space cadre personnel within the Department
of Defense (DOD) and to ensure that there are enough people
with the necessary expertise, training, and experience to meet
current and future national security space needs. The provision
would also require a detailed report and assessment on the
management of the space cadre and DOD efforts to ensure that
the space cadre is appropriate to meet current and future
national security space needs.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
The conferees note that many of the DOD and military
service members of the space cadre serve, over the course of
their careers, in a variety of space positions and in a variety
of defense and intelligence agencies, such as the National
Reconnaissance Office and other intelligence organizations with
space-related responsibilities. The conferees believe that the
report and assessment should also include the requirements of
these entities and the ability of the space cadre to meet the
current and future needs of these entities. Therefore, the
conferees urge the Secretary to coordinate and consult with the
Director of National Intelligence in the preparation of this
report.
Additional report on oversight of acquisition for defense space
programs (sec. 913)
The Senate amendment contained a provision (sec. 922)
that would extend the due date for the report on the oversight
of defense space acquisition programs required by section 911
of the Bob Stump National Defense Authorization Act for Fiscal
Year 2003 (Public Law 107-314).
The House bill contained no similar provision.
The House recedes.
Subtitle C--Chemical Demilitarization Program
Chemical demilitarization citizens advisory commissions (sec. 921)
The House bill contained a provision (sec. 921) that
would modify the termination requirements for the chemical
demilitarization citizens advisory commissions to permit the
commissions to remain in existence, at the discretion of the
Governor of the respective State, until either the closure of
that State's chemical agent destruction facility, or upon the
request of the Governor, whichever comes first.
The Senate amendment contained a similar provision (sec.
1431).
The Senate recedes.
Sense of Congress on completion of destruction of United States
chemical weapons stockpile (sec. 922)
The House bill contained a provision (sec. 922) that
would express the sense of Congress that the Department of
Defense should continue to plan for on-site disposal of
chemical stockpiles located at Pueblo Chemical Depot, Colorado,
and Blue Grass Army Depot, Kentucky, and that the Department
should ensure extensive consultation and notification processes
between representatives of the Department and representatives
of relevant States and local communities.
The Senate amendment contained a provision (sec. 1433)
that would express the sense of Congress that the United States
must remain committed to making every effort to safely destroy
its chemical weapons stockpile by the Chemical Weapons
Convention deadline of April 2012, or as soon thereafter as
possible, and that the Secretary of Defense should make every
effort to plan for and request adequate funding to complete
such destruction in accordance with U.S. obligations under the
Chemical Weapons Convention. The provision would also require
biannual reports describing the status of chemical weapons
destruction; the options and funding required for accelerating
such destruction; and the actions being taken to accelerate
such destruction.
The Senate amendment also contained a provision (sec.
2406) that would, among other things, require the completion of
the destruction of the U.S. chemical weapons stockpile by no
later than December 31, 2017, and would require biannual
reports on progress to implement this destruction deadline.
The House recedes with an amendment that would add
several findings and would add two elements to the required
reports: a description of the options and funding required to
complete chemical stockpile destruction by December 2017; and a
life cycle cost estimate for each facility included in the
descriptions of accelerated funding options.
Repeal of certain qualifications requirement for director of chemical
demilitarization management organization (sec. 923)
The Senate amendment contained a provision (sec. 1432)
that would repeal the requirement that the Army's Director of
the Chemical Materials Agency must be trained in chemical
warfare defense operations.
The House bill contained no similar provision.
The House recedes.
Modification of termination of assistance to State and local
governments after completion of the destruction of the United
States chemical weapons stockpile (sec. 924)
The Senate amendment contained a provision (sec. 1434)
that would permit the Chemical Stockpile Emergency Preparedness
Program to provide assistance to State and local governments
until existing grants or cooperative agreements are completed,
but not beyond 6 months after the date of completion of the
destruction of lethal chemical agents and munitions at each
chemical demilitarization installation or facility.
The House bill contained no similar provision.
The House recedes.
Subtitle D--Intelligence-Related Matters
Technical amendments to title 10, United States Code, arising from
enactment of the Intelligence Reform and Terrorism Prevention
Act of 2004 (sec. 931)
The House bill contained a provision (sec. 932) that
would make technical corrections to title 10, United States
Code, to reflect enactment of the Intelligence Reform and
Terrorism Prevention Act of 2004.
The Senate amendment contained a similar provision (sec.
1068).
The Senate recedes.
Subtitle E--Roles and Missions Analysis
Requirement for quadrennial roles and missions review (sec. 941)
The House bill contained provisions (secs. 941-943) that
would require the Secretary of Defense to conduct a quadrennial
roles and missions review, to identify core competencies of the
military departments and other entities within the Department
of Defense, and to review the capabilities that such
departments and entities are performing or developing.
The Senate amendment contained no similar provisions.
The Senate recedes with an amendment that would
consolidate these provisions into a single section. This
provision would require the Secretary to conduct a quadrennial
roles and missions review after receiving an independent
military assessment of roles and missions from the Chairman of
the Joint Chiefs of Staff.
Joint Requirements Oversight Council additional duties relating to core
mission areas (sec. 942)
The House bill contained a provision (sec. 944) that
would amend section 181 of title 10, United States Code, to
revise the mission of the Joint Requirements Oversight Council
(JROC) and address the participation of senior civilian leaders
of the Department of Defense in JROC proceedings.
The Senate amendment contained a provision (sec. 841)
that would address the issue of participation by senior
civilian leaders in JROC proceedings.
The Senate recedes with an amendment that would combine
the requirements of the two provisions.
Requirement for certification of major systems prior to technology
development (sec. 943)
The House bill contained a provision (sec. 945) that
would require the Joint Requirements Oversight Council (JROC)
to make certain certifications before the start of technology
development for a major system.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment requiring that the
Milestone Decision Authority for a major defense acquisition
program (MDAP) make the required certifications, after
consultation with the JROC, before the program may receive
Milestone A approval. The provision would also direct the
Secretary of Defense to ensure that the Department of Defense
does not commence a technology development program for a major
weapon system without Milestone A approval.
Presentation of future-years mission budget by core mission area (sec.
944)
The House bill contained a provision (sec. 946) that
would amend section 222 of title 10, United States Code, to
require that the future-years mission budget of the Department
of Defense be organized by core mission area.
The Senate amendment contained no similar provision.
The Senate recedes.
Subtitle F--Other Matters
Department of Defense consideration of effect of climate change on
department facilities, capabilities, and missions (sec. 951)
The House bill contained a provision (sec. 951) that
would require that the first national security strategy,
national defense strategy, and quadrennial defense review
prepared after the date of the enactment of this Act include
consideration of the effect of climate change on Department of
Defense facilities, capabilities, and missions.
The Senate amendment contained a similar provision (sec.
931).
The Senate recedes with an amendment that would clarify
the conferees' expectation that this aspect of the national
security strategy and the national defense strategy, like other
aspects of those strategies, will be implemented in a manner
that is consistent with the national security interests of the
United States.
Interagency policy coordination (sec. 952)
The House bill contained a provision (sec. 952) that
would require the Secretary of Defense to develop and submit,
not later than 180 days after the date of enactment of this
Act, a plan to Congress to improve and reform the interagency
coordination process on national security issues.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify
that the plan required would be to improve the Department of
Defense's participation and contribution to the interagency
coordination process on national security issues.
The conferees urge the President to require other
relevant agencies and departments to establish similar plans to
improve the overall interagency process for national security,
and to ensure that the Department of Defense, simply by virtue
of having a plan, does not become the de facto dominant
organization in the interagency coordination process.
Expansion of employment creditable under service agreements under
National Security Education Program (sec. 953)
The House bill contained a provision (sec. 953) that
would modify the David L. Boren National Security Education Act
of 1991 (50 U.S.C. 1902) to allow a recipient of support under
that Act to repay that service by working in an educational
area related to the discipline for which the support was
provided. Such educational service would only be permitted if
the Secretary of Defense were to determine that no position is
available in departments, agencies, or offices covered by Act.
The Senate amendment contained no similar provision.
The Senate recedes.
Board of Regents for the Uniformed Services University of the Health
Sciences (sec. 954)
The Senate amendment contained a provision (sec. 932)
that would amend chapter 104 of title 10, United States Code,
to authorize the Secretary of Defense to appoint the members of
the Board of Regents for the Uniformed Services University of
the Health Sciences (USUHS) without a requirement for the
advice and consent of the Senate, and would redesignate the
Dean of USUHS as the President of USUHS.
The House bill contained no similar provision.
The House recedes with a clarifying amendment that would
require the Board to meet at least once a quarter.
The conferees believe that this provision should not
alter the well-established role of the Board of Regents under
its charter to assist the Secretary of Defense in an advisory
capacity in carrying out the Secretary's responsibility to
conduct the business of USUHS and to provide advice and
recommendations to the Secretary of Defense on academic and
administrative matters critical to the full accreditation and
successful operation of the USUHS. The conferees value the
contributions and voluntary service of the members of the Board
and believe that the Board can best perform its functions in
coordination with the President of USUHS and the Assistant
Secretary of Defense for Health Affairs.
Establishment of Department of Defense School of Nursing (sec. 955)
The Senate amendment contained a provision (sec. 556)
that would authorize the Secretary of Defense to create several
programs to address a national shortage of nursing instructors
at accredited nursing schools and aid in the recruiting and
retention of military nurses. The programs could include: (1)
authorizing active duty military nurse officers with a graduate
degree in nursing or a related field to serve as full-time
faculty at an accredited civilian school of nursing in exchange
for a commitment to additional service in the armed forces; (2)
authorizing active duty military nurse officers with a graduate
degree in nursing or a related field to serve as full-time
faculty at an accredited civilian school of nursing in exchange
for scholarships provided by the nursing school to military
nurse officer candidates; (3) providing scholarships to
retirement-eligible active duty military nurse corps officers
who agree to serve not less than 2 years as a full-time faculty
member of an accredited civilian school of nursing; (4)
providing career placement assistance, continuing education,
and stipends to retirement-eligible active duty military nurse
corps officers with a doctoral or master degree in nursing or a
related field who agree, in return, to serve as a full-time
faculty member of an accredited school of nursing; and (5)
supplemental salary payments to a retired military nurse corps
officer serving as a full-time faculty member of a civilian
accredited school of nursing to compensate for any difference
between base pay to which the retired officer was entitled
immediately before retirement and the sum of the officer's
retired pay and the salary received from the nursing school.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary to develop a detailed plan to establish a
Department of Defense School of Nursing within the Uniformed
Services University of Health Sciences (USUHS). The amendment
would also authorize the Secretary to establish a school of
nursing within USUHS that could lead to the award of a bachelor
of science or graduate degree in nursing. The conferees note
the shortage of nurses in the military, and encourage the
Department to establish a Department of Defense school of
nursing as soon as practicable.
The conferees direct the Secretary to conduct a study to
determine whether a program to provide incentives to retired
military nurse corps officers to serve as faculty at civilian
nursing schools, sometimes referred to as ``Retired Troops to
Nurse Teachers,'' could help to alleviate the current and
projected nursing shortage in the military services. The
conferees believe that an essential part of any such program
should ensure that the Department would receive a tangible
benefit in exchange for partially funding the program. The
study should include the following elements: (1) the number of
retired military nurse corps officers who have at least 20
years of active federal commissioned service who would be
eligible to participate in such a program; (2) whether colleges
or universities at which retired military nurse instructors
would serve would award and fund at least two full scholarships
per academic year to military nurse corps candidates in return
for a commitment to serve in the armed forces as a military
nurse corps officer; (3) for each nursing student awarded such
a scholarship that fails to access into the armed forces as a
military nurse, the recourse that would be available to the
Department; (4) whether the retired military nurse corps
officer instructor should be paid by the college or university
at a comparable rate, as determined by the Secretary, to other
faculty at the school based upon their skills, experience, and
certification(s); (5) when the sum of the comparable salary
offered to the retired military nurse corps officer instructor
and the instructor's retired pay is less than the amount that
the member's base pay (based on grade and time in service)
would be if the member was still on active duty, should the
Secretary reimburse the retired military nurse corps officer
for any difference; and (6) any other relevant factors, as
determined by the Secretary. The Secretary should submit a
report on the findings and recommendations of this study to the
Committees on Armed Services of the Senate and the House of
Representatives by March 1, 2008.
Inclusion of commanders of Western Hemisphere combatant commands in
Board of Visitors of Western Hemisphere Institute for Security
Cooperation (sec. 956)
The Senate amendment contained a provision (sec. 935)
that would authorize all combatant commanders, or their
directed designees, who have responsibility in the Western
Hemisphere to be members of the Western Hemisphere Institute
for Security Cooperation Board of Visitors.
The House bill contained no similar provision.
The House recedes.
Comptroller General assessment of reorganization of the office of the
Under Secretary of Defense for Policy (sec. 957)
The Senate amendment contained a provision (sec. 936)
that would require the Comptroller General to submit to the
congressional defense committees, not later than March 1, 2008,
a report assessing the most recent reorganization of the office
of the Under Secretary of Defense for Policy (USDP).
The House bill contained no similar provision.
The House recedes with a clarifying amendment that, among
other things, would require the report to be submitted by June
1, 2008.
The conferees note the concerns expressed in the report
accompanying the Senate amendment (S. Rpt. 110-77). While the
conferees understand that the office of the USDP plans on
evaluating the reorganization in terms of stakeholder input,
internal assessment, and performance metrics in February 2008,
they also note that they have been made aware of other
concerns, which that review may not address, including: (1) the
possible absence of a dissent channel within the Department of
Defense (DOD) and, in particular, the USDP's office that
personnel may use to present alternative views, analyses, and
policy recommendations at variance with those in place or being
submitted to senior leadership for consideration; (2) the
impact of the process, as conducted in November 2006 and
implemented in early 2007, whereby career civil servants
``bid'' on positions within the USDP's office on overall levels
of personnel morale, expertise, and effectiveness. Of specific
concern are those positions that deal with policy towards Iraq,
Afghanistan, Pakistan, and other regional and functional areas
critical to national security; and (3) the fact that foreign
affairs specialists (i.e., GS-130 series) from those field
agencies and offices associated with the office of the USDP--
i.e., the Defense Security Cooperation Agency, the Defense
Technology Security Administration, and the Defense Prisoner of
War/Missing Personnel Office--were not included in the
personnel assignment bidding system, even though they are
eligible to apply for vacancies in the office of the USDP. The
conferees recommend that the Comptroller General also assess
the impact of these issues on the overall effectiveness and
efficiency of the office of the USDP.
Reports on foreign language proficiency (sec. 958)
The House bill contained a provision (sec. 931) that
would require the Secretary of Defense and the secretaries of
the military departments to submit annual reports on the
foreign language proficiencies of the military departments and
the Department of Defense.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment that,
among other things, terminates the reporting requirement on
December 31, 2013.
Legislative Provisions Not Adopted
Future capability planning by Joint Requirements Oversight Council
The House bill contained a provision (sec. 947) that
would require that each operational and contingency plan of the
Department of Defense include an extended planning annex
assessing capabilities required to perform the planned
missions.
The Senate amendment contained no similar provision.
The House recedes.
The issue of whether, and how, the combatant commands
should participate in long-term planning for future
capabilities is addressed in a separate provision.
Redesignation of the Department of the Navy as the Department of the
Navy and Marine Corps
The House bill contained a provision (sec. 905) that
would redesignate the Department of the Navy as the Department
of the Navy and Marine Corps and the position of the Secretary
of the Navy as the Secretary of the Navy and Marine Corps.
The Senate amendment contained no similar provision.
The House recedes.
Revisions in functions and activities of special operations
The House bill contained a provision (sec. 904) that
would amend section 167(a) of title 10, United States Code, to
modify the authorities governing U.S. Special Operations
Command (SOCOM) to accurately reflect current mission
requirements.
The Senate amendment contained no similar provision.
The House recedes.
The conferees will work with the Department of Defense
and SOCOM to ensure that title 10 continues to accurately
reflect the missions of SOCOM and the activities of special
operations forces. In addition, the conferees remain concerned
about the evolving requirements associated with the concepts of
irregular and unconventional warfare, especially as they
pertain to the Department's personnel management programs. The
conferees support the concerns raised in House Report 110-146
calling for a full spectrum analysis on irregular warfare. The
conferees direct the Secretary of Defense to initiate the
requirements of this study and deliver the results to the
congressional defense committees by June 1, 2008.
Space posture review
The Senate amendment contained a provision (sec. 921)
that would direct the Secretary of Defense and the Director of
National Intelligence to conduct a comprehensive review of the
space posture of the United States.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the space posture review
previously required was submitted.
United States Military Cancer Institute
The Senate amendment contained a provision (sec. 933)
that would require the Secretary of Defense to establish a
United States Military Cancer Institute in the Uniformed
Services University of the Health Sciences.
The House bill contained no similar provision.
The Senate recedes.
Western Hemisphere Center for Excellence in Human Rights
The Senate amendment contained a provision (sec. 934)
that would authorize the Secretary of Defense to establish a
Western Hemisphere Human Rights Center to continue and expand
the work that began under U.S. Southern Command's Human Rights
Initiative.
The House bill contained no similar provision.
The Senate recedes.
The conferees support the U.S. Southern Command's
activities on behalf of human rights in the Western Hemisphere.
However, rather than authorize the creation of a new
institution, the conferees prefer that the Southern Command
work out an arrangement, with the Center for Hemispheric
Defense Studies, which would provide for gifts and donations to
be directed from the regional center to the human rights
activities of Southern Command through the gift and donation
authority that Congress has already provided to the regional
centers.
TITLE X--GENERAL PROVISIONS
Items of Special Interest
Ship disposal
The Senate report (S. Rept. 110-77) accompanying the
National Defense Authorization Act for Fiscal Year 2008 (S.
1547) contained direction for the Navy to maintain
decommissioned LHA-1 class amphibious assault ships in a
reduced operating status until such time that the active fleet
could deliver 2.0 Marine Expeditionary Brigade forcible entry
lift capability in response to a national emergency. Total
forcible lift entry capability was to be assessed under the
assumption that no less than 10 percent of the force will be
unavailable due to extended duration maintenance
availabilities.
The conferees agree with the intent of this provision.
The conferees understand that the Navy's preferred method of
meeting this intent would be to retain decommissioned LHA-1
class amphibious assault ships in a mobilization category B
status.
The conferees agree to direct the Navy to: (1) maintain
these ships in mobilization category B status until such time
that the active fleet could deliver 2.0 Marine Expeditionary
Brigade forcible entry lift capability in response to a
national emergency; and (2) assess total forcible lift entry
capability under the assumption that no less than 10 percent of
the force will be unavailable due to extended duration
maintenance availabilities.
Table of congressionally directed spending and related items
In accordance with the requirements of Rule XLIV of the
Standing Rules of the Senate and Rules XXI and XXIII of the
Rules of the House of Representatives, this joint statement of
managers includes a table listing congressionally-directed
spending items, congressional earmarks, limited tax benefits,
or limited tariff benefits requested by Senators and Members,
regardless whether the expenditure is directed to a particular
entity or targeted to a specific State, locality, or
congressional district. By including this table in the
statement of managers, the conferees do not take the position
that all of the items meet the definitions of an earmark or a
congressionally-directed spending item in the Rules of the
Senate or the House of Representatives.
The conferees direct the Department of Defense to use all
applicable competitive, merit-based procedures in the awarding
of any new contract, grant, or other agreement which is entered
into with funds that are authorized to be appropriated by this
conference report and statement of managers. No provision in
the conference report or statement of managers shall be
construed to direct funds to any particular location or entity
unless the provision expressly so provides.
Subtitle A--Financial Matters
General transfer authority (sec. 1001)
The House bill contained a provision (sec. 1001) that
would provide for the transfer of up to $4.5 billion of funds
authorized in Division A of this Act to unforeseen higher
priority needs in accordance with normal reprogramming
procedures.
The Senate amendment contained a similar provision (sec.
1001) that would provide for the transfer of up to $5.0 billion
in authorizations and would exempt transfers of funds between
military personnel authorizations from the dollar limitation in
this provision.
The House recedes.
United States contribution to NATO common-funded budgets in fiscal year
2008 (sec. 1002)
The House bill contained a provision (sec. 1002) that
would authorize the U.S. contribution to North Atlantic Treaty
Organization (NATO) common-funded budgets for fiscal year 2008,
including the use of unexpended balances.
The Senate amendment contained an identical provision
(sec. 1004).
The conference agreement includes this provision.
The conferees note that this provision is necessary
because the resolution of ratification for the Protocol to the
North Atlantic Treaty of 1949 on the Accession of Poland,
Hungary, and the Czech Republic contained a provision (section
3(2)(c)(ii)) requiring a specific authorization for U.S.
payments to the common-funded budgets of NATO for each fiscal
year, beginning in fiscal year 1999, that payments exceed the
fiscal year 1998 total.
Authorization of additional emergency supplemental appropriations for
fiscal year 2007 (sec. 1003)
The Senate amendment contained a provision (sec. 1002)
that would authorize the additional supplemental appropriations
for operations in Iraq and Afghanistan, and for other purposes,
for fiscal year 2007 that were enacted in Public Law 110-28.
The House bill contained no similar provision.
The House recedes.
Modification of fiscal year 2007 general transfer authority (sec. 1004)
The Senate amendment contained a provision (sec. 1003)
that would modify the transfer authority provided in section
1001 of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364) by exempting the transfer
of funds previously approved by the committees in two
reprogramming actions from the dollar limitation in that
provision.
The House bill contained no similar provision.
The House recedes.
Financial management transformation initiative for the Defense Agencies
(sec. 1005)
The Senate amendment contained a provision (sec. 1005)
that would require the Director of the Business Transformation
Agency of the Department of Defense to carry out an initiative
for financial management transformation in the Defense
Agencies.
The House bill contained no similar provision.
The House recedes with an amendment that would: (1)
require the Director to consult with the Comptroller of the
Department of Defense to ensure that the initiative is carried
out in a manner that is consistent with the financial standards
and requirements of the Department of Defense; and (2) provide
greater specificity on the requirements for the plan on
development and implementation of the initiative.
Repeal of requirement for two-year budget cycle for the Department of
Defense (sec. 1006)
The Senate amendment contained a provision (sec. 1006)
that would repeal the requirement enacted in the National
Defense Authorization Act for Fiscal Year 1986 (Public Law 99-
145) for the Department of Defense to submit a biennial budget
as part of the President's budget request for even-numbered
fiscal years.
The House bill contained no similar provision.
The House recedes.
Subtitle B--Policy Relating to Vessels and Shipyards
Limitation on leasing of vessels (sec. 1011)
The House bill contained a provision (sec. 1011) that
would prohibit the secretary of a military department from
entering into a contract for lease or charter of a vessel for a
term of more than 24 months. This would include all options to
renew or extend the contract, if the hull or superstructure of
that vessel was constructed in a foreign shipyard.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the secretary of a military department to notify the
congressional defense committees 30 days prior to making a
contract for lease of a vessel, or for the provision of a
service through use by a contractor of a vessel, if the term of
the lease is for a period of greater than 2 years. The
secretary's notification is to include a description of the
terms of the lease, a justification for leasing rather than
purchasing a vessel for such service, a determination that the
lease contract provides the most cost-effective means for
obtaining such service, and a plan for meeting the requirements
provided by the leased vessel upon completion of the term of
the lease.
Policy relating to major combatant vessels of the strike forces of the
United States Navy (sec. 1012)
The House bill contained a provision (sec. 1012) that
would require that all new ship classes of submarines, aircraft
carriers and cruisers and large escorts for carrier strike
groups, expeditionary strike groups, and vessels comprising a
sea base have integrated nuclear power systems. The provision
would allow a single exception to the requirement: if the
Secretary of Defense were to submit, with the budget request
for such a vessel, a notification that the inclusion of an
integrated nuclear power system is not in the national
interest.
The Senate amendment contained no similar provision.
The Senate recedes.
The Navy's next opportunity to apply this guidance will
be the next generation cruiser, or ``CG(X)''. Under the current
future-years defense program (FYDP), the Navy plans to award
the construction contract for CG(X) in fiscal year 2011. Under
this provision, the next cruiser would be identified as
``CGN(X)'' to designate the ship as nuclear powered. Under the
Navy's normal shipbuilding schedule for the two programs that
already have nuclear power systems (aircraft carriers and
submarines), the Navy seeks authorization and appropriations
for long lead time nuclear components for ships 2 years prior
to full authorization and appropriation for construction.
The conferees recognize that the milestone decision for
the Navy's CG(X) is only months away. After that milestone
decision, the Navy and its contractors will begin a significant
design effort, and, in that process, will be making significant
tradeoff decisions and discarding major options (such as
propulsion alternatives). This is the normal process for the
Navy and the Department of Defense (DOD) to make choices that
will lead to producing a contract design that will be the basis
for awarding the construction contract for the lead ship in
2011.
In order for the Navy to live by the spirit of this
guidance, the conferees agree that:
(1) the Navy would be required to proceed through the
contract design phase of the program with a comprehensive
effort to design a CGN(X) independent of the outcome of
decisions that the Navy or the DOD will make at the next
milestone decision point regarding any preferred propulsion
system for the next generation cruiser;
(2) if the Navy intends to maintain the schedule in the
current FYDP and award a vessel in fiscal year 2011, the Navy
would need to request advance procurement for nuclear
components in the fiscal year 2009 budget request; and
(3) the Navy must consider options for:
(a) maintaining the segment of the industrial base that
currently produces the conventionally powered destroyer and
amphibious forces of the Navy;
(b) certifying yards which comprise that segment of the
industrial base to build nuclear-powered vessels; or
(c) seeking other alternatives for building non-nuclear
ships in the future if the Navy is only building nuclear-
powered surface combatant ships for some period of time as it
builds CGN(X) vessels; and
(d) identifying sources of funds to pay for the
additional near-term costs of the integrated nuclear power
system, either from offsets within the Navy's budget, from
elsewhere within the Department's resources, or from gaining
additional funds for DOD overall.
The conferees recognize that these considerations will
require significant additional near-term investment by the
Navy. Some in the Navy have asserted that, despite such added
investment, the Navy would not be ready to award a shipbuilding
contract for a CGN(X) in fiscal year 2011 as in the current
FYDP.
Section 128 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364)
required that the Navy include nuclear power in its Analysis of
Alternatives (AOA) for the CG(X) propulsion system. The
conferees are aware that the CG(X) AOA is nearing completion,
in which case the Navy should have some indications of what it
will require to design and construct a CGN(X) class.
Accordingly, the conferees direct the Secretary of the
Navy to submit a report to the congressional defense committees
with the budget request for fiscal year 2009 providing the
following information:
(1) the set of next generation cruiser
characteristics, such as displacement and manning,
which would be affected by the requirement for
including an integrated nuclear power system;
(2) the Navy's estimate for additional costs to
develop, design, and construct a CGN(X) to fill the
requirement for the next generation cruiser, and the
optimal phasing of those costs in order to deliver
CGN(X) most affordably;
(3) the Navy's assessment of any effects on the
delivery schedule for the first ship of the next
generation cruiser class that would be associated with
shifting the design to incorporate an integrated
nuclear propulsion system, options for reducing or
eliminating those schedule effects, and alternatives
for meeting next generation cruiser requirements during
any intervening period if the cruiser's full
operational capability were delayed;
(4) the Navy's estimate for the cost associated
with certifying those shipyards that currently produce
conventionally powered surface combatants, to be
capable of constructing and integrating a nuclear-
powered combatant;
(5) any other potential effects on the Navy's 30-
year shipbuilding plan as a result of implementing
these factors;
(6) such other considerations that would need to be
addressed in parallel with design and construction of a
CGN(X) class, including any unique test and training
facilities, facilities and infrastructure requirements
for potential CGN(X) homeports, and environmental
assessments that may require long-term coordination and
planning; and
(7) an assessment of the highest risk areas
associated with meeting this requirement, and the
Navy's alternatives for mitigating such risk.
Subtitle C--Counter-Drug Activities
Extension of authority for joint task forces to provide support to law
enforcement agencies conducting counter-terrorism activities
(sec. 1021)
The House bill contained a provision (sec. 1021) that
would amend section 1022(b) of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136) to
extend the authority for joint task forces to provide support
to law enforcement agencies conducting counterterrorism
activities through fiscal year 2008.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees support the use of counternarcotics funds
to concurrently conduct counterterrorist and counternarcotics
activities, but urge the Department of Defense to be mindful of
the original intent of the Counternarcotics Central Transfer
Account, and to ensure that adequate resources continue to be
available for counternarcotics activities where there is no
nexis with counterterrorism. The conferees will closely
scrutinize the use of this authority over the next fiscal year
to determine whether it should be extended in future years.
Expansion of authority to provide additional support for counterdrug
activities in certain foreign countries (sec. 1022)
The House bill contained a provision (sec. 1022) that
would expand additional counterdrug support to the Government
of Mexico and the Government of the Dominican Republic.
The Senate amendment contained a similar provision.
The Senate recedes with a technical amendment.
Report on counternarcotics assistance for the Government of Haiti (sec.
1023)
The Senate amendment contained a provision (sec. 1012)
that would require the President to submit to Congress a report
on counternarcotics assistance to the Government of Haiti.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Subtitle D--Miscellaneous Authorities and Limitations
Provision of Air Force support and services to foreign military and
state aircraft (sec. 1031)
The Senate amendment contained a provision (sec. 1028)
that would provide permanent authority for the Secretary of the
Air Force to furnish supplies and services to foreign military
and other state aircraft.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Department of Defense participation in Strategic Airlift Capability
Partnership (sec. 1032)
The Senate amendment contained a provision (sec. 1029)
that would permit the Secretary of Defense to enter into a
multilateral memorandum of understanding authorizing the
Strategic Airlift Capability Partnership for the purpose of
acquiring, operating, and supporting strategic airlift
aircraft. The provision would also provide the Secretary of
Defense the authority to transfer one strategic airlift
aircraft to the Strategic Airlift Capability Partnership.
The House bill contained no similar provision.
The House recedes with a technical amendment.
The conferees provide this authority with the expectation
that in allocating use of this shared strategic airlift
capability, the Partnership will give priority to airlift
support for North Atlantic Treaty Organization (NATO) missions.
The conferees are concerned that they do not have
sufficient visibility into the Department of Defense's plans
for seeking these kinds of authorities in the future. If the
Department is considering other similar multilateral
arrangements for the acquisition or operation of aircraft under
mutually beneficial relationships with foreign partners, the
Department should consider, in consultation with Congress,
whether it would be appropriate to develop an overarching legal
structure for multilateral procurement and operations and how
best to ensure appropriate transparency and congressional
oversight.
Improved authority to provide rewards for assistance in combating
terrorism (sec. 1033)
The House bill contained a provision (sec. 1043) that
would amend section 127b of title 10, United States Code, to
increase the size of payments allowed under the Department of
Defense's combating terrorism rewards program and provide new
authority for U.S. Government personnel to provide rewards
through government personnel of coalition or partnered nations.
The Senate amendment contained a similar provision (sec.
1021).
The Senate recedes with an amendment that would: (1)
permit the expansion of the authority to cover information
provided to allied forces; and, (2) grant the authority for 2
years.
Support for non-federal development and testing of material for
chemical agent defense (sec. 1034)
The House bill contained a provision (sec. 1045) that
would authorize the Secretary of Defense, in coordination with
the heads of other elements of the Federal Government, to
provide small quantities of toxic chemicals or their precursors
to a State or local government, or a private entity
incorporated in the United States, for development or testing
of material designed to be used for defensive purposes. The
provision would require that any such transfer must be
consistent with the provisions of the Chemical Weapons
Convention, and subject to any terms and conditions required by
the Secretary.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary to provide Congress with an annual report
describing each use of the authority, including a description
of what material was made available and to whom it was made
available.
Prohibition on sale of F-14 fighter aircraft and related parts (sec.
1035)
The House bill contained a provision (sec. 1049) that
would prohibit the Department of Defense from selling F-14
parts to any entity other than a museum or similar organization
in the United States acquiring the parts to preserve aircraft
for historical purposes. The provision would also prohibit the
granting of an export license for any F-14 part.
The Senate amendment contained a similar provision (sec.
1031).
The House recedes with an amendment that would clarify
that this provision applies to F-14 aircraft, parts unique to
the F-14 aircraft, and tooling or dies used in the manufacture
of F-14s or F-14-unique parts.
The conferees encourage the Department of Defense to
consider destroying F-14s, F-14-unique parts, and the tooling
and dies used in the manufacture of F-14s, except as noted in
the legislative provision. Any contract for destruction should
require the reduction of these items into scrap pieces, thereby
rendering the parts and materials useless for the originally
intended purpose and incapable of being duplicated, copied, or
reverse engineered. If the Department chooses to destroy these
items, the Department could then sell the resultant scrap as
appropriate.
Subtitle E--Reports
Extension and modification of report relating to hardened and deeply
buried targets (sec. 1041)
The House bill contained a provision (sec. 1031) that
would extend the reporting requirement on weapons for hardened
and deeply buried targets until 2013, change the nature of the
report from an annual report to a biennial report, and modify
the scope of the report to cover capabilities to defeat
hardened and deeply buried targets rather than just weapons. In
addition, the provision would direct that each report cover
activities for 4 fiscal years rather than 1 fiscal year.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would retain
the requirement to focus on weapons in the report.
Report on joint modeling and simulation activities (sec. 1042)
The House bill contained a provision (sec. 1033) that
would require a report on a national joint modeling and
simulation (M&S) development strategy.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify
the reporting requirements and submission date. The conferees
agree to require a report that would include a description of
ongoing and planned joint M&S activities and a description of
how they support defense missions, strategies, and goals; a
description of the M&S capabilities of defense organizations
and how they will be modernized or divested over time as
appropriate; a description of how non-defense organizations can
utilize joint M&S capabilities; budget and resource estimates
for the M&S capabilities; and a description of coordination
activities between the Department of Defense's M&S activities
and other federal, non-federal, and private sector M&S
activities.
Further, the conferees note the promise of M&S to enhance
urban operations capabilities. The conferees believe that it is
important for the Department to study and understand the effect
of warfare and natural disasters on urban environments and to
develop M&S capabilities to support consequence management
missions in complex urban environments.
Renewal of submittal of plans for prompt global strike capability (sec.
1043)
The Senate amendment contained a provision (sec. 1041)
that would amend section 1032(b) of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136) to
extend the due dates for the annual report on prompt global
strike capability through 2009.
The House bill contained no similar provision.
The House recedes.
The conferees note that the report required by section
1032 is a broad report covering both global and long-range
strike plans as well as prompt global strike.
Report on workforce required to support the nuclear missions of the
Navy and the Department of Energy (sec. 1044)
The Senate amendment contained a provision (sec. 1045)
that would require the Secretary of Defense and the Secretary
of Energy to each submit to Congress a report on the
requirements for a workforce to support the nuclear missions of
the Navy and the Department of Energy for a 10-year period
beginning on the date of the report. The report would be due 1
year from the date of enactment of this Act.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Comptroller General report on Defense Finance and Accounting Service
response to Butterbaugh v. Department of Justice (sec. 1045)
The Senate amendment contained a provision (sec. 1046)
that would require the Comptroller General of the United States
to submit a report to the congressional defense committees
assessing the response of the Defense Finance and Accounting
Service to the 2003 decision in the case of Butterbaugh v.
Department of Justice, 336 F.3d 1332 (Fed. Cir. 2003).
The House bill contained no similar amendment.
The House recedes.
Study on size and mix of airlift force (sec. 1046)
The Senate amendment contained a provision (sec. 1049)
that would require the Secretary of Defense to conduct a study
on the size and mix of various assets for the Air Force
intertheater airlift force, with a particular focus on current
and planned capabilities and costs of the C-5 aircraft and the
C-17 aircraft fleets.
The House bill contained no similar provision.
The House recedes with an amendment that would broaden
the review to cover a review of alternatives on the size and
mix of intertheater and intratheater airlift assets to meet the
national military strategy. The provision would require that
the study also evaluate the contribution of both organic and
commercial assets, the latter coming primarily from the Civil
Reserve Airlift Fleet.
Within the analysis of the optimal mix of the C-5 and C-
17 aircraft for the strategic airlift, the conferees expect
that the report will:
(1) Provide a thorough review of an internal Air Force
briefing that posited a retirement of 30 C-5A aircraft, and a
purchase of 30 more C-17 aircraft, sometimes called the ``30/30
Plan.''
(2) Include a full range of options for making C-5
upgrades and buying additional C-17 aircraft to include doing
both (upgrading all C-5s and purchasing more C-17s) and doing
neither (upgrading none of the C-5s and buying no more C-17s).
Report on feasibility of establishing a domestic military aviation
national training center (sec. 1047)
The Senate amendment contained a provision (sec. 1096)
that would require the Secretary of Defense to submit to the
congressional defense committees a report to determine the
feasibility of establishing a Border State Aviation Training
Center to support the current and future requirements of the
existing RC-26 training site for counterdrug activities located
at the Fixed Wing Army National Guard Aviation Training Site.
The House bill contained no similar provision.
The House recedes with a clarifying amendment that would
require the Secretary of Defense to assess the training
requirements associated with a multitude of Guard and reserve
missions.
Limited field user evaluations for combat helmet pad suspension systems
(sec. 1048)
The House bill contained a provision (sec. 234) that
would require the Secretary of Defense to carry out a test and
evaluation of combat helmet pad suspension systems that meet
current military specifications by a certified and qualified
independent laboratory as well as an operational user
assessment of the qualified pad suspension systems that would
consider key parameters of form, fit, function, cost, schedule,
performance, and vendor production capacity.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
the use of funds from the Operation and Maintenance, Army
appropriation and would change the required test to a limited
field user evaluation that compares form, fit, and function
among the several pad suspension systems that are already
qualified as part of combat helmet procurement for the military
services.
The conferees note that the Army and Marine Corps have
recently increased the technical performance standards of the
combat helmet system to improve protection against blunt trauma
and non-ballistic impacts in order to further reduce risk of
traumatic brain injury. Pad suspension systems are a critical
feature of the combat helmet related to this protection. The
conferees also note anecdotal evidence that pad suspension
systems vary with respect to comfort and function while worn
that could influence service members' wearing habits. A limited
field user evaluation would provide the Army and Marine Corps
with valuable feedback on the different pad systems' relative
advantages and disadvantages beyond their technical performance
specifications and capability.
Study on national security interagency system (sec. 1049)
The House bill contained a provision (sec. 954) that
would authorize the Secretary of Defense to enter into an
agreement with an independent, nonpartisan, nonprofit
organization to conduct a study on the national security
interagency system.
The Senate amendment contained a similar provision (sec.
1043) that would require the Secretary to enter into an
agreement for such a study.
The House recedes with an amendment that would require
the Secretary of Defense to enter into an agreement for the
study within 30 days of enactment of this Act, eliminate the
requirement that the organization conducting the study secure
matching funds from private sources, and set a reporting
deadline of September 1, 2008.
The conferees believe that the interagency coordination
and integration of the United States Government for the
training for, planning of, support for, and execution of
overseas post-conflict contingency relief and reconstruction
operations requires reform and that recent operations, most
notably in Iraq, lacked the necessary consistent and effective
interagency coordination and integration in planning and
execution. As a result, the conferees note that the study
conducted under the authority of this section should include,
but not be limited to, the following elements: a synthesis of
past studies evaluating the successes and failures of previous
interagency efforts at training for, planning, and executing
post-conflict contingency relief and reconstruction operations,
including relief and reconstruction operations in Iraq; an
analysis of the division of authorities, duties,
responsibilities, functions, and resources among executive
branch agencies for such operations and recommendations for
administrative and regulatory changes to enhance integration to
include planning capabilities, personnel policies and systems,
information-sharing policies and systems, and acquisition
authorities; recommendations for legislation that would improve
interagency cooperation and integration and the efficiency of
the United States Government in the planning and execution of
such operations; and recommendations for improvements in
congressional, executive, and other oversight structures and
procedures that would enhance accountability within such
operations.
Report on solid rocket motor industrial base (sec. 1050)
The Senate amendment contained a provision (sec. 1086)
that would direct the Secretary of Defense to submit a report
to the congressional defense committees on the status,
viability, and capacity of the solid rocket motor industrial
base. The provision would also direct the Comptroller General
of the United States to assess the report and set forth the
Comptroller General's assessment of the matters contained in
the report.
The House bill contained no similar provision.
The House recedes with an amendment that would delete the
requirement for the Comptroller General to assess the matters
in the report submitted by the Secretary of Defense and make
clarifications in elements of the reporting requirement.
The conferees believe that the congressional defense
committees should first receive and review the report submitted
by the Secretary of Defense and make a determination at that
time if there is a need for the Comptroller to review the
report.
Reports on establishment of a memorial for members of the armed forces
who died in the air crash in Bakers Creek, Australia, and
establishment of other memorials in Arlington National Cemetery
(sec. 1051)
The House bill included a provision (sec. 1055) that
would express the sense of Congress that an appropriate site in
Arlington National Cemetery (ANC) should be provided for a
memorial marker to honor the memory of the 40 members of the
armed forces of the United States who lost their lives in the
air crash at Bakers Creek, Australia, on June 14, 1943.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of the Army, not later than April 1, 2008, to
submit a report on locations outside of ANC that would serve as
a suitable site for the establishment of a memorial to these
service members. The amendment would also require the Secretary
of the Army to provide a report and, if needed, proposed
legislation by April 1, 2008, that would implement the
Secretary's recommendations regarding the construction of new
memorials or monuments at ANC.
Subtitle F--Other Matters
Reimbursement for National Guard support provided to federal agencies
(sec. 1061)
The House bill contained a provision (sec. 1042) that
would amend chapter 1 of title 32, United States Code, to
authorize the Governor of a State to employ units or members of
the National Guard of that State to provide defense support of
civil authorities when requested by a federal department or
agency and authorized by the Secretary of Defense, and would
require the Department of Defense to be reimbursed for costs
incurred unless waived by the Secretary of Defense.
The Senate amendment contained a provision (sec. 352)
that would amend section 377 of title 10, United States Code,
to require federal agencies that receive law enforcement
support or support to a national special security event
provided by National Guard personnel under section 502(f) of
title 32, United States Code, to reimburse the Department of
Defense for the costs of that support.
The House recedes with a clarifying amendment that would
authorize the Secretary of Defense to waive the requirement for
reimbursement if the support is provided in the normal course
of military training or operations or results in a benefit
substantially equivalent to the benefit that would otherwise be
obtained from military operations or training.
Congressional commission on the strategic posture of the United States
(sec. 1062)
The House bill contained a provision (sec. 1046) that
would establish a 12 member congressional commission on the
strategic posture of the United States to examine and make
recommendations with respect to the long-term strategic posture
of the United States. The review and assessment to be conducted
by the commission would include a threat assessment, a detailed
review of nuclear weapons policy and strategy of the United
States, and recommendations as to the most appropriate
strategic posture and most effective nuclear weapons strategy.
The commission's report would be due to Congress and the
Executive Branch no later than December 1, 2008. The term of
the commission would expire on June 1, 2009. In addition, the
provision would repeal section 1051 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify
that the vice chairman of the commission would be jointly
appointed by the ranking minority members of the Committees on
Armed Services of the House of Representatives and the Senate.
In addition, the amendment would clarify that the commission
should look at non-nuclear alternatives to nuclear weapons and
systems in making recommendations with respect to the most
appropriate strategic posture and most effective nuclear
weapons policies of the United States.
The conferees urge the commission to look at the
strategic posture of the United States in the broadest sense.
Strategic policy and posture is not synonymous with nuclear
policy. Conventional force structures, as well as nuclear force
structures, must be included in the overall review and
assessment of the strategic posture of the United States.
In addition, the conferees believe that many of the
nuclear missions of the United States could be served by non-
nuclear, conventional systems. In their examination of the
strategic posture of the United States, the conferees expect
the commission to look not only at nuclear capabilities, but at
the full array of non-nuclear capabilities, including kinetic
and non-kinetic capabilities.
The conferees have included a separate provision
addressing the repeal of section 1051 of the National Defense
Authorization Act for Fiscal Year 2006 elsewhere in this Act.
Technical and clerical amendments (sec. 1063)
The House bill contained a provision (sec. 1047) that
would make technical and clerical amendments to various
provisions of law.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would make
additional technical and clerical amendments.
Repeal of certification requirement (sec. 1064)
The House bill contained a provision (sec. 1048) that
would repeal the certification requirement regarding an airport
in Illinois contained in section 1063 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163).
The Senate amendment contained no similar provision.
The Senate recedes.
Maintenance of capability for space-based nuclear detection (sec. 1065)
The House bill contained a provision (sec. 1050) that
would require the Secretary of Defense to maintain the
capability for space-based nuclear detection at a level that
meets or exceeds the current level of capability.
The Senate amendment contained no similar provision.
The Senate recedes.
Sense of Congress regarding detainees at Naval Station, Guantanamo Bay,
Cuba (sec. 1066)
The House bill contained a provision (sec. 1053) that
would express the sense of Congress that: (1) the Nation
extends its gratitude to the military personnel at Naval
Station, Guantanamo Bay, Cuba; (2) the international community
should work with the Department of Defense to facilitate and
expedite the repatriation of detainees at Guantanamo; (3)
Guantanamo detainees, to the maximum extent possible, should be
charged and expeditiously prosecuted; and (4) operations at
Guantanamo should be conducted in a way that upholds the U.S.
national interest and the American people's core values.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
A report on transferring individuals detained at Naval Station,
Guantanamo Bay, Cuba (sec. 1067)
The House bill contained a provision (sec. 1057) that
would require the Secretary of Defense to report to the
congressional defense committees on the Secretary's plans for
each detainee currently held by the Joint Task Force Guantanamo
at Guantanamo Bay, Cuba.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Repeal of provisions in section 1076 of Public Law 109-364 relating to
use of Armed Forces in major public emergencies (sec. 1068)
The House bill contained a provision (sec. 1054) that
would repeal section 1076 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364) and
revive the provisions of sections 333 and 12304(c) of title 10,
United States Code, as they were in effect prior to the
effective date of that Act, and repeal section 2567 of title
10.
The Senate amendment contained a similar provision (sec.
1022).
The Senate recedes.
Standards required for entry to military installations in United States
(sec. 1069)
The House bill contained a provision (sec. 1056) that
would prohibit any unescorted civilian from entering a military
installation or facility unless a background investigation has
been conducted on such individual.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to establish standards for access to
military installations, including screening standards
appropriate to the type of installation, security level,
category of individual seeking access, and level of access
granted.
The conferees recognize that commanders of military
installations must balance security concerns with the need to
maintain rapid access to the installations for Department of
Defense personnel, employees, and other authorized visitors,
including commercial vendors. While commanders are in the best
position to assess and respond to local threat conditions, the
conferees believe that the Secretary should establish standards
to assist military commanders in taking such actions.
The conferees believe the Secretary should work toward
fielding Department-wide technologies that will allow base
commanders to check installation visitors against an updated
database containing relevant information provided by the
Federal Bureau of Investigation, the terrorist watch list, and
other pertinent law enforcement records. The conferees
understand that technology has been developed and fielded at
several military installations that will identify individuals
with outstanding warrants for their arrest, felony convictions,
and similar issues. Further, the conferees understand that
available commercial technology may be able to perform instant
background checks in fewer than 10 seconds per individual, be
deployed at multiple military entry control points, and record
entry information into an electronic log. The conferees direct
the Secretary to give full consideration to the availability of
such technologies in developing standards under this provision.
The conferees believe that base security is a government
responsibility and that, for that reason, identity checks
should be carried out at no cost to vendors or other visitors
to military installations.
Revised nuclear posture review (sec. 1070)
The Senate amendment contained a provision (sec. 1061)
that would require the Secretary of Defense to 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. The review would be submitted concurrently
with the quadrennial defense review required to be submitted
under section 118 of title 10, United States Code.
The House bill contained no similar provision.
The House recedes.
Termination of Commission on the Implementation of the New Strategic
Posture of the United States (sec. 1071)
The Senate amendment contained a provision (sec. 1062)
that would repeal section 1051 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163),
(2006 NDAA), which established a Commission on the
Implementation of the New Strategic Posture of the United
States.
The House bill contained a provision (sec. 1046) that
would establish a congressional Commission on the Strategic
Posture of the United States. Section 1046(h) would also repeal
section 1051 of the 2006 NDAA. Section 1062 in the Senate
amendment and section 1046(h) of the House bill are identical.
The conference agreement includes this provision.
Security clearances; limitations (sec. 1072)
The Senate amendment contained a provision (sec. 1064)
that would: (1) repeal section 986 of title 10, United States
Code, which establishes mandatory standards for the
disqualification of individuals from the issuance of security
clearances; (2) substitute a new government-wide provision
establishing standards for such disqualifications; and (3)
increase the flexibility available to executive branch
officials in administering these standards.
The House bill contained no similar provision.
The House recedes with an amendment that would provide
agency heads the same flexibility with regard to individuals
who are determined to be mentally incompetent that the Senate
bill would provide with regard to individuals who have been
convicted of crimes or discharged from the Armed Forces under
dishonorable conditions. This change should address concerns
about the potential disqualification of disabled individuals
working for the Federal Government under the Javits Wagner
O'Day (JWOD) Act, section 48 of title 41, United States Code.
The conferees understand that under current law and
Department of Defense practice, if an individual who posesses a
security clearance cannot meet the statutory criteria, the
security clearance is revoked pending a waiver decision. Unless
a position can be identified that does not require a security
clearance during the waiver process, the individual cannot work
and is separated.
The conferees direct the Secretary of Defense and other
agency heads to implement the new provision in a manner that
does not result in the unnecessary loss of employment to
individuals during the waiver process. A current employee who
has received a clearance, and may even have undergone
subsequent reinvestigation and renewal, should not be separated
simply because he or she must now undergo a waiver process.
Such uninterrupted employment may be particularly important in
the case of disabled individuals working for the Federal
Government under the JWOD Act. The conferees agree that the
Department of Defense has a commendable track record of
employing the disabled and that this provision should not be
applied in a manner that would undermine that record.
Improvements in the process for the issuance of security clearances
(sec. 1073)
The Senate amendment contained a provision (sec. 1065)
that would require the Secretary of Defense and the Director of
National Intelligence to conduct a demonstration project using
new and innovative approaches to improve the processing of
requests for security clearances.
The House bill contained no similar provision.
The House recedes.
The conferees are encouraged that the Secretary and the
Director have designated the United States Air Force to lead a
task force that will review initiatives to develop a process to
deliver high-assurance security clearance determinations in a
shorter period of time. The Air Force expects to have a new
system in place by December 31, 2008. The conferees note that
improving the clearance process is critical to our national
security.
Protection of certain individuals (sec. 1074)
The Senate amendment contained a provision (sec. 1075)
that would authorize the Secretary of Defense to provide
physical protection and personal security within the United
States to certain persons.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
application of the provision to former or retired officials of
the Department of Defense and foreign visitors to the United
States, require the Secretary to provide additional information
to the congressional defense committees, and make additional
clarifying changes.
Modification of authorities on Commission to Assess the Threat to the
United States from Electromagnetic Pulse Attack (sec. 1075)
The Senate amendment contained a provision (sec. 1076)
that would extend the due date of the final report of the
Commission to Assess the Threat to the United States from
Electromagnetic Pulse Attack (EMP) to November 30, 2008. The
provision would also direct the Commission and the Secretary of
Homeland Security to ensure that the work of the Commission
with respect to EMP attacks on electricity infrastructure is
coordinated with the infrastructure protection work of the
Department of Homeland Security. The provision would also
provide that the amount of funds provided to the Commission to
prepare and submit the final report shall not exceed $5.6
million.
The House bill contained no similar provision.
The House recedes.
The conferees note that the $5.6 million is in addition
to funding previously provided to the Commission. This is the
second deadline extension granted to the Commission for
delivery of a final report. The conferees urge the Commission
to submit its final report by the November 30, 2008 deadline.
Sense of Congress on Small Business Innovation Research program (sec.
1076)
The Senate amendment contained a provision (sec. 1088)
that would reauthorize the Small Business Innovation Research
program for an additional 2 years.
The House bill contained no similar provision.
The House recedes with an amendment that would eliminate
the reauthorization of the program, and include a sense of
Congress expressing views on the value of the program to the
Department of Defense and on the need to reauthorize the
program to ensure its seamless execution.
Revision of proficiency flying definition (sec. 1077)
The House bill contained a provision (sec. 1044) that
would modify the definition of proficiency flying within the
Department of Defense (DOD).
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees do not intend this language to prohibit the
Department from cancelling outdated guidance on flying
proficiency and its related elements for participating rated
personnel, and believe the Department should proceed with
cancelling DOD Directive 1340.4, dated July 17, 1972.
Qualifications for public aircraft status of aircraft under contract
with the Armed Forces (sec. 1078)
The Senate amendment contained a provision (sec. 1070)
that would provide the Secretary of Defense the flexibility to
determine whether an operational support mission can be
conducted as a civil operation in compliance with the Federal
Aviation Regulations. The Secretary of Defense would have the
authority to determine whether a chartered aircraft performing
operational support missions is performing a civil or public
aircraft operation.
The House bill contained no similar provision.
The House recedes with an amendment that would further
clarify the definition of ``public aircraft,'' such that the
term `other commercial air service' would be limited to an
aircraft operation that:
(1) is within the United States territorial
airspace;
(2) the Administrator of the Federal Aviation
Administration determines is available for compensation
or hire to the public; and
(3) must comply with all applicable civil aircraft
rules under title 14, Code of Federal Regulations.
Communications with the Committees on Armed Services of the Senate and
the House of Representatives (sec. 1079)
The Senate amendment contained a provision (sec. 1063)
that would require that offices within the intelligence
community respond to requests by the Committees on Armed
Services of the Senate and the House of Representatives for
intelligence assessments, reports, estimates, legal opinions,
or other information within 15 days, unless the President were
to certify that he was asserting privilege pursuant to the
Constitution of the United States. The provision would also
require that intelligence officials be able to provide
testimony before these committees without having to seek
approval or clearance of such testimony as a way of ensuring
that Congress receives the independent views of such officials.
The House bill contained no similar provision.
The House recedes with an amendment that would make
several changes:
(1) The provision would exclude ``other
information'' to make it clear that the requests would
be for existing assessments, reports, estimates, or
legal opinions;
(2) The provision would require that the request be
in writing from the Chair or Ranking Member of the
committee;
(3) The time limit for providing the information
would be extended to 45 days;
(4) Any decision of the President to assert
privilege would have to be conveyed to Congress in
writing by the Counsel to the President; and
(5) The requirements regarding review of testimony
would be deleted.
Retention of reimbursement for provision of reciprocal fire protection
services (sec. 1080)
The Senate amendment contained a provision (sec. 1090)
that would permit Department of Defense entities that provide
fire protection services to local entities to retain the
proceeds of any reimbursement for such services.
The House bill contained no similar provision.
The House recedes.
Pilot program on commercial fee-for-service air refueling support for
the Air Force (sec. 1081)
The Senate amendment contained a provision (sec. 1094)
that would require the Secretary of the Air Force to conduct a
pilot program to assess the feasibility and advisability of
utilizing commercial fee-for-service air refueling tanker
aircraft for Air Force operations.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the pilot program, but would not mandate the scope or scale of
the program and would add an annual reporting requirement by
the Air Force, along with reviews by the Comptroller General.
The conferees support the timely modernization of the Air
Force aerial refueling tanker fleet. In furtherance of this,
the Secretary of the Air Force initiated, and Congress approves
of, a comprehensive strategy for replacing the aerial refueling
tanker aircraft fleet, which includes the following elements:
(1) replacement of the aging tanker aircraft fleet
with newer and improved capabilities under the KC-X
program of record which supports the tanker replacement
strategy, through the purchase of new commercial
derivative aircraft;
(2) sustainment and extension of the legacy tanker
aircraft fleet until replacement through depot-type
modifications and upgrades of KC-135R and KC-10
aircraft; and
(3) augmentation of the aerial refueling capability
through aerial refueling fee-for-service.
The conferees note that several studies have been
conducted that indicate a potential for cost savings and other
benefits of a fee-for-service air refueling program. Executing
a pilot program for fee-for-service air refueling should be
given full and fair consideration in order to test the costs,
benefits, and appropriateness of such actions. To ensure the
viability of such a program, it should be based on an
appropriate business model, utilizing sufficient aircraft and
flying hours to support a program that will meet the needs and
best interests of the Air Force to meet air refueling
requirements. The conferees direct that the pilot program be
enacted as soon as practicable, and be incorporated into the
operations of the Air Mobility Command.
Advisory panel on Department of Defense capabilities for support of
civil authorities after certain incidents (sec. 1082)
The Senate amendment contained a provision (sec. 1066)
that would establish an advisory panel to assess and make
recommendations on Department of Defense capabilities to
support civil authorities in the event of a chemical,
biological, radiological, nuclear, or high-yield explosive
incident.
The House bill contained no similar provision.
The House recedes with an amendment that would add a
requirement for the advisory panel to assess and make
recommendations on whether there should be additional Weapons
of Mass Destruction Civil Support Teams (WMD-CSTs) and, if so,
how many and where they should be located. It would also
require the advisory panel to assess and make recommendations
on what criteria and considerations are appropriate for
determining whether additional WMD-CSTs are needed and, if so,
where they should be located.
Terrorism exception to immunity (sec. 1083)
The Senate amendment contained a provision (sec. 1087)
that would amend the Foreign Sovereign Immunities Act (FSIA) to
allow victims of terrorism to seek redress in U.S. courts
against foreign states that commit or provide material support
to acts of terrorism, by clarifying subject matter jurisdiction
over these claims and establishing a private cause of action
under the exception for state sponsors of terrorism to
sovereign immunity.
The provision would consolidate provisions relating to
the exception to sovereign immunity for state sponsors of
terrorism in a new section 1605A to the FSIA, and repeal the
previous exception set out in section 1605(a)(7). The provision
would permit claims to be brought for money damages, including
punitive damages, against a foreign state designated as a state
sponsor of terrorism, for acts of torture, extrajudicial
killing, aircraft sabotage, hostage taking, or providing
material support or resources for these acts, committed by any
official, employee, or agent of that state acting within the
scope of his or her office, employment, or agency. The
provision would also expand the ability of claimants to seek
recourse against the property of that foreign state, both by
permitting a lien to be placed on the foreign state's property
during litigation and, once a judgment has been obtained, by
permitting any property in which the foreign state has a
beneficial ownership to be subject to execution of that
judgment. The provision would allow any case previously brought
under the state sponsor of terrorism exception to the FSIA
under section 1605(a)(7), or under section 101(c) of Public Law
104-208, and which is still before a court, to be refiled as if
the original claim had been filed under the provisions of this
section.
The House bill contained no similar provision.
The House recedes with an amendment that would establish
a private cause of action under the state sponsor of terrorism
exception to the FSIA. Courts would have jurisdiction to hear a
claim brought against a foreign state that was designated as a
state sponsor of terrorism at the time of the terrorist act, or
was so designated as a result of the act, and which remains
designated as a state sponsor of terrorism at the time a claim
is filed. Claims brought prior to the enactment of this Act
against a foreign state that at the time was designated as a
state sponsor of terrorism, or an action related to such a
claim, would still be heard under this section. The conferees
intend that the amendments made under this section shall apply
to any claim filed or refiled under the new section 1605A of
the FSIA, and any execution or attachment in aid of execution
of a judgment relating to such a claim under section 1610(g) of
the FSIA.
The provision would also provide for courts to hear a
claim under this section if the terrorist act is related to
Case Number 1:00CV03110 (EGS) in the United States District
Court for the District of Columbia. The conferees intend that
nothing in this section would prejudice the claimants or their
representatives in that case.
The provision would allow claimants to establish a lien
of lis pendens, upon the filing of a notice that an action is
pending, on a foreign state's real property or tangible
personal property that is subject to execution or attachment in
aid of execution under the FSIA. The conferees intend that
property used for purposes of maintaining a diplomatic or
consular mission or the residence of the Chief of Mission,
which is not subject to execution or attachment in aid of
execution of a judgment, should not be subject to a lien of lis
pendens under this provision.
The provision would also give claimants who obtain a
judgment against a foreign state recourse to property of the
foreign state in execution or attachment in aid of execution of
the judgment. While the provision is written to subject any
property interest in which the foreign state enjoys a
beneficial ownership to attachment and execution, the provision
would not supersede the court's authority to appropriately
prevent impairment of interests in property held by other
persons who are not liable to the claimants in connection with
the terrorist act. The court would fully retain its authority
to take whatever steps it finds warranted to preserve the value
of an ongoing business enterprise in which a third party may be
a joint venture partner, for example. The conferees encourage
the courts to protect the property interests of such innocent
third parties by using their inherent authority, on a case-by-
case basis, under the applicable procedures governing execution
on judgment and attachment in anticipation of judgment.
The provision would further provide that a foreign
state's property would not be immune from execution upon a
judgment due to the property being regulated by the United
States Government under the Trading With the Enemy Act or the
International Emergency Economic Powers Act due to the
sovereign immunity of the United States.
The provision would clarify that nothing in section 1503
of the Emergency Supplemental Appropriations Act, 2003 (Public
Law 108-11) has ever authorized making any provision of the
Foreign Sovereign Immunities Act inapplicable, or the removal
of the jurisdiction of any court of the United States. The
conferees stress that this provision should not be construed in
any way as support for the use of United States appropriated
funds to satisfy a claim brought under this section.
Legislative Provisions Not Adopted
Hate crimes
The Senate amendment contained a provision (sec. 1023)
that would address hate crimes.
The House bill contained no similar provision.
The Senate recedes.
Comprehensive study and support for criminal investigations and
prosecutions by State and local law enforcement officials
The Senate amendment contained a provision (sec. 1024)
that would require a comprehensive study and support for
certain criminal investigations and prosecutions by State and
local law enforcement officials.
The House bill contained no similar provision.
The Senate recedes.
Extension of period for transfer of funds to Foreign Currency
Fluctuations, Defense account
The Senate amendment contained a provision (sec. 1007)
that would extend from 2 to 4 fiscal years the length of time
after the end of the period of availability of obligation in
which funds can be transferred back to the ``Foreign Currency
Fluctuations, Defense'' (FCFD) appropriation account to offset
losses caused by fluctuations in foreign currency exchange
rates.
The House bill contained no similar provision.
The Senate recedes.
Minimum annual purchase amounts for airlift from carriers participating
in the Civil Reserve Air Fleet
The Senate amendment contained a provision (sec. 1027)
that would allow the Department of Defense to guarantee higher
minimum levels of business for all air carriers participating
in the Civil Reserve Air Fleet (CRAF) program of up to 80
percent of the average annual expenditure of the Department of
Defense for airlift during the preceding 5 years.
The House bill contained no similar provision.
The Senate recedes.
The voluntary agreements between the U.S. Government and
the commercial air carriers in the CRAF program provide the
Nation with a large reserve of airlift capacity to move troops
and cargo within a few hours of activation. The conferees
recognize the importance of the CRAF program to the national
military strategy since the overall airlift capability of the
Department of Defense depends on a significant contribution by
the CRAF program.
Therefore, the conferees fully support the CRAF program.
The conferees also recognize that there may be problems for
CRAF participants when airlift demands shift from wartime to
peacetime levels. However, the conferees agree that, before
establishing any type of assured business model, a full
assessment of the CRAF program should be performed. The
conferees have adopted a provision in title III of this Act
directing such an assessment. The conferees expect that the
Department's assessment will provide the analysis necessary to
guide any changes to current relationships with the CRAF
participants.
Comptroller General review of the Joint Improvised Explosive Device
Defeat Organization
The House bill contained a provision (sec. 1032) that
would require the Comptroller General to conduct a review of
the Joint Improvised Explosive Device Defeat Organization
(JIEDDO).
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Comptroller General to provide
the congressional defense committees, not later than 180 days
after the date of the enactment of this Act, with an assessment
of the JIEDDO to include the following items: (1) the tools and
processes in place to enable the Organization to determine the
appropriateness and efficacy of its efforts to achieve its
mission, including strategy, plans, technologies developed, and
programs funded; (2) the process used by the Organization to
select appropriate and effective technologies and other
solutions to achieve its mission; (3) the ability of the
Organization to respond to rapidly changing threats and to
anticipate future threats; (4) the performance of the
Organization in leading, advocating, and coordinating all of
the activities of the Department of Defense to defeat
improvised explosive devices and an assessment of the
Organization's authority to do so; (5) the efforts of the
Organization to target enemy networks and how the Organization
is leveraging and coordinating such efforts with the efforts of
other elements of the Department and other elements of the
United States Government; (6) the feedback from the warfighter
with respect to the efforts of the Organization; (7) the
oversight and direction over the activities of the Organization
by the Office of the Secretary of Defense; and (8) other
matters as appropriate.
The conferees remain concerned about the effectiveness of
JIEDDO and its ability to effectively coordinate the
Department's and intelligence community's response to the
improvised explosive device and asymmetric threats faced by the
warfighter in Iraq and Afghanistan.
Commercial aviation technologies
The House bill contained a provision (sec. 1035) that
would require the Secretary of Defense to conduct a study to
examine the methods by which air carriers and aviation
technology companies research, develop, and deploy commercial
aviation technologies.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Department of Defense
provides substantial funding for independent research and
development conducted by major aerospace contractors.
Contractors leverage this investment to advance aviation
technology that is useful for both commercial and defense
purposes. In addition, the Department routinely leverages its
science and technology budget to take advantage of promising
technologies developed in the commercial sector. This effort is
furthered by the National Aeronautics Research and Development
policy, issued in December 2006, which provides improved
coordination for aeronautics research and development across
the Federal Government. The conferees applaud these efforts and
encourage the Department to continue to seek opportunities to
improve synergy in the development of military and commercial
aviation technologies.
Review of Department of Defense procedures to classify excess defense
articles and defense services with military technology
components
The House bill contained a provision (sec. 1036) that
would require the Secretary of Defense, with the concurrence of
the Secretary of State, to conduct a review of, and report on:
(1) the procedures by which the Department of Defense
classifies defense articles and defense services with military
technology components as excess to the needs of the Department;
and, (2) the extent to which any of the classification
procedures led to the transfer of defense article or services
with military technology components to terrorists or unfriendly
states or groups.
The Senate amendment contained no similar provision.
The House recedes.
The conferees urge the Department to take all measures
necessary to ensure adequate controls over surplus defense
materials.
Additional Weapons of Mass Destruction Civil Support Teams
The House bill contained a provision (sec. 1051) that
would authorize two additional Weapons of Mass Destruction
Civil Support Teams.
The Senate amendment contained no similar provision.
The House recedes.
Study and report on use of power management software
The House bill contained a provision (sec. 1058) that
would require a report on the use of power management software.
The Senate amendment contained no similar provision.
The House recedes.
The conferees recommend that the Secretary of Defense
undertake an analysis of the cost and environmental benefits of
adopting energy efficient information technologies and
computing practices, including, but not limited to, energy-
efficient data centers, servers and workstations; power
management software for computers and monitors; and
telecommuting for appropriate personnel. The conferees further
recommend that the Secretary of Defense keep Congress and the
public aware of progress to achieve these potential energy
savings and environmental benefits and of opportunities for
industry and academia to support efforts in this area.
Establishment of National Foreign Language Coordination Council
The Senate amendment contained a provision (sec. 1069)
that would establish a National Foreign Language Coordination
Council to develop and monitor the implementation of a
comprehensive national foreign language strategy.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the President to report to the
conferees, no later than 90 days after the enactment of this
Act, on the extent to which the executive branch has developed
a strategy for developing foreign language capability in the
United States, and a plan for implementing it. The report
should also contain a description of the goals and achievements
of the National Security Language Initiative, and indicate what
additional steps, if any, the President intends to take to
address the need for greater foreign language capability in the
United States. The conferees expect that the report will
include a description of any additional authorities that the
executive branch would require from Congress in order to
implement future plans.
Grant of federal charter to Korean War Veterans Association,
Incorporated
The Senate amendment contained a provision (sec. 1078)
that would amend part B of subtitle II of title 36, United
States Code, to grant a federal charter to the Korean War
Veterans Association, Incorporated.
The House bill contained no similar provision.
The Senate recedes.
Sense of Senate on General David Petraeus
The Senate amendment contained a provision (sec. 1079)
expressing that it is the sense of the Senate to reaffirm its
support for all the men and women of the United States armed
forces, including General David H. Petraeus, Commanding
General, Multi-National Force--Iraq; to strongly condemn any
effort to attack the honor and integrity of General Petraeus
and all the members of the United States armed forces; and to
specifically repudiate the unwarranted personal attack on
General Petraeus by the liberal activist group Moveon.org.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that a similar provision was contained
in House Joint Resolution 52, making continuing appropriations
for fiscal year 2008, which was subsequently passed by the
Senate without amendment and signed into law by the President
as Public Law 110-92 on September 29, 2007.
Sense of Congress on equipment for the National Guard to defend the
homeland
The Senate amendment contained a provision (sec. 1081)
that would express the sense of Congress that the National
Guard should have sufficient equipment available to accomplish
their missions inside the United States and defend the
homeland.
The House bill contained no similar provision.
The Senate recedes.
The conferees remain concerned that the overall readiness
of the National Guard to respond to domestic emergencies has
been undermined by equipment shortages resulting from
inadequate funding and extended commitments to operations in
Iraq and Afghanistan. Equipment shortages and poor existing
equipment readiness increases the risk for States that Guard
units will not have the necessary equipment on-hand and fully
operational to meet the mission requirements of homeland
defense, domestic support, crisis response, and consequence
management. The conferees are aware that the Army National
Guard has only 40 percent of its required equipment in the
United States; and, that the Chief, National Guard Bureau has
submitted to Congress a fiscal year 2008 unfunded equipment
list of $2.0 billion.
The conferees recommend elsewhere in this report
provisions that would authorize appropriation of an additional
$980.0 million for the procurement of high-priority equipment
to address National Guard and reserve component unfunded
shortfalls. These additional funds would procure items
particularly relevant and necessary to the National Guard's
domestic support missions, such as aircraft, wheeled and
tracked combat vehicles, tactical wheeled vehicles,
communications equipment, ammunition, and other weapons.
The conferees also expect that the Secretary of Defense
will take the actions necessary, including determination of
requirements and prioritization of equipment repair,
procurement, and fielding, to improve National Guard readiness
for its domestic support missions and reduce risks to public
safety within the United States.
Sense of the Senate on Air Force use of towbarless aircraft ground
equipment
The Senate amendment contained a provision (sec. 1083)
that would express the sense of the Senate encouraging the Air
Force to consider towbarless ground support equipment for
towing aircraft.
The House bill contained no similar provision.
The Senate recedes.
The conferees note the potential operational utility,
cost savings, and increased safety afforded by the utilization
of towbarless aircraft ground equipment, and encourage the Air
Force to consider their use.
Designation of Charlie Norwood Department of Veterans Affairs Medical
Center
The Senate amendment contained a provision (sec. 1084)
that would designate the Department of Veterans Affairs Medical
Center in Augusta, Georgia as the ``Charlie Norwood Department
of Veterans Affairs Medical Center''.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that separate legislation making this
designation was signed into law (Public Law 110-112) on
November 8, 2007.
Commercialization pilot program
The Senate amendment contained a provision (sec. 1085)
that would extend the Small Business Innovation Research (SBIR)
program commercialization pilot program that was originally
established by section 252 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163),
that would authorize the Secretary of Defense to establish
insertion incentives for SBIR technologies; and would authorize
the Secretary of Defense to establish goals for the insertion
of SBIR technologies into programs of record or fielded
systems.
The House bill contained no similar provision.
The Senate recedes.
National center for human performance
The Senate amendment contained a provision (sec. 1091)
that would designate a scientific institute at the Texas
Medical Center as the National Center for Human Performance.
The House bill contained no similar provision.
The Senate recedes.
Veteran small business
The Senate amendment contained a division (Division D)
that would provide for the Small Business Administration to
provide assistance to military reservist and veteran small
business.
The House bill contained no similar provision.
The Senate recedes.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Extension of authority to waive annual limitation on total compensation
paid to federal civilian employees working overseas under areas
of United States Central Command (sec. 1101)
The Senate amendment contained a provision (sec. 1105)
that would authorize the head of an executive agency to waive
limitations on total compensation to an employee who performs
certain work while in an overseas location within the area of
responsibility of the United States Central Command. The total
compensation would be limited to $212,100 per calendar year.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Continuation of life insurance coverage for federal employees called to
active duty (sec. 1102)
The Senate amendment contained a provision (sec. 1103)
that would authorize federal civilian employees who are members
of a reserve component of the armed forces called or ordered to
active duty to continue coverage under Federal Employees Group
Life Insurance for a period not to exceed 24 months.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
that an eligible employee who elects to continue this life
insurance coverage would be responsible for the premium
payments after the initial 12 months of coverage.
Transportation of dependents, household effects, and personal property
to former home following death of federal employee where death
resulted from disease or injury incurred in the Central Command
area of responsibility (sec. 1103)
The House bill contained a provision (sec. 1109) that
would allow the dependents of a federal civilian employee who
dies while on deployment in a combat zone to be relocated to
their home of record at the government's expense, whether the
dependents are living overseas or in the continental United
States.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would narrow
the scope to cover dependents of a federal civilian employee
who dies while performing duties within the area of
responsibility of the Commander of the United States Central
Command. The amendment would also clarify that the provision
would apply to an employee who was a party to a mandatory
mobility agreement that was in effect when the employee died.
Special benefits for civilian employees assigned on deployment
temporary change of station (sec. 1104)
The House bill contained a provision (sec. 1102) that
would authorize the head of an agency to provide quarters,
rations, and storage of a personal motor vehicle without charge
to a civilian employee of an executive agency of a military
department who is assigned on a temporary change of station in
support of a contingency operation.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify
that the time period during which a personal motor vehicle may
be stored cannot exceed the period of the employee's temporary
assignment.
Death gratuity authorized for federal employees (sec. 1105)
The House bill contained a provision (sec. 1105) that
would require the United States to pay a death gratuity of
$100,000 to civilian employees of the Department of Defense who
died as a result of wounds, injuries, or illness while on duty
in a combat zone or from a terrorist incident.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
the payment of the death gratuity in the amount of up to
$100,000, and would limit the condition of receipt of this
gratuity to duty in a contingency operation. In addition, the
amendment would require that the death gratuity would be offset
by any amount received from any other federally provided death
gratuity.
Modifications to the National Security Personnel System (sec. 1106)
The House bill contained a provision (sec. 1106) that
would modify the authority of the Secretary of Defense to
establish a National Security Personnel System (NSPS) pursuant
to section 9902 of title 5, United States Code.
The Senate amendment contained several provisions (secs.
684, 1074, and 1104) that would make similar changes to NSPS.
The Senate recedes with an amendment that would restore
the collective bargaining and appeal rights of employees of the
Department of Defense, while preserving the ability of the
Department to implement a pay-for-performance system. The
provision would prohibit the Secretary from adding more than
100,000 civilian employees to the system in any calendar year
and require periodic reviews by the Comptroller General during
the implementation period. The phased implementation and
regular reviews should ensure that Congress has an opportunity
to make any additional adjustments that may be needed to ensure
that NSPS is implemented in a manner that is transparent,
accountable, and fair to the civilian employees of the
Department of Defense.
Requirement for full implementation of personnel demonstration project
(sec. 1107)
The House bill contained a provision (sec. 1111) that
would require the Secretary of Defense to fully implement the
authorities provided under section 342(b) of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
337), as amended by section 1114 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (Public
Law 106-398) to carry out personnel management demonstration
projects at certain Department of Defense laboratories.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify
the requirement for the Secretary to implement a process and
implementation plan to fully utilize the authorities provided
under the sections noted above in order to enhance the
performance of the missions of the laboratories.
The conferees believe that it is essential that defense
laboratories have personnel systems that allow them to attract,
hire, and retain the top quality scientists and engineers
necessary to discharge their unique missions efficiently and
effectively.
The conferees believe that the authorities established
under the sections noted above, if fully utilized, would enable
laboratories to experiment with and demonstrate novel personnel
management flexibilities which may enhance their performance
and capabilities. The conferees anticipate that if these
demonstrations are successful, the authorities may then be
adopted by other laboratories or organizations within the
Department of Defense, if appropriate to support their
missions.
Authority for inclusion of certain Office of Defense Research and
Engineering positions in experimental personnel program for
scientific and technical personnel (sec. 1108)
The Senate amendment contained a provision (sec. 1106)
that would authorize the inclusion of 20 technical positions in
the Office of the Director of Defense Research and Engineering
(DDR&E) in the experimental personnel program for scientific
and technical personnel established by section 1101 of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261).
The House bill contained no similar provision.
The House recedes with an amendment that would reduce the
total number of authorized positions to 10.
The conferees note that the DDR&E's technical staff plays
an important role in the oversight and coordination of the
Department of Defense's science and technology program. This
involves initiatives in rapidly developing scientific areas
such as hypersonics, societal and behavioral modeling, and
nanotechnology. The conferees believe that the utilization of
the personnel authority provided by the provision can enhance
the ability of the DDR&E to recruit and retain a staff with the
diverse technical competencies necessary to oversee these
initiatives.
Pilot program for the temporary assignment of information technology
personnel to private sector organizations (sec. 1109)
The House bill contained a provision (sec. 1112) that
would extend the Information Technology Exchange Program (ITEP)
established in chapter 37 of the E-Government Act of 2002
(Public Law 107-347). ITEP allows employees from federal and
private sector information technology (IT) organizations to
participate in temporary assignments to another organization.
The authorization for the program ends on December 17, 2007.
This provision would extend the program only in relation to the
Department of Defense for an additional 3 years.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would create a
3-year pilot program for the temporary assignment of Department
of Defense IT personnel in private sector organizations. The
amendment would also require the Secretary of Defense to report
to the Committees on Armed Services of the Senate and the House
of Representatives on the potential benefits of a similar
exchange program in which IT personnel from the private sector
are assigned to the Department of Defense, as well as any
recommendations for legislation that may be necessary to create
such a program.
The conferees acknowledge that legislation is pending
before congressional committees that would extend authority for
the E-Government Act of 2002 beyond its current expiration
date.
Compensation for federal wage system employees for certain travel hours
(sec. 1110)
The House bill contained a provision (sec. 1101) that
would amend section 5544(a) of title 5, United States Code, to
authorize compensation of federal wage system employees for
hours spent traveling while returning from an event that cannot
be scheduled or controlled administratively.
The Senate amendment contained a similar provision (sec.
1101).
The Senate recedes with a technical amendment.
Travel compensation for wage grade personnel (sec. 1111)
The House bill contained a provision (sec. 1104) that
would amend section 5550b(a) of title 5, United States Code, to
allow wage grade employees to receive compensatory time off for
each hour spent on official travel, provided the time is not
otherwise compensable.
The Senate amendment contained no similar provision.
The Senate recedes.
Accumulation of annual leave by senior level employees (sec. 1112)
The House bill contained a provision (sec. 1103) that
would authorize employees classified above the GS-15 level and
Intelligence Senior Level positions in the Department of
Defense to accrue annual leave accrual in the same manner
currently authorized for certain other senior government
officials, including members of the Senior Executive Service
and the Defense Intelligence Senior Executive Service.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Uniform allowances for civilian employees (sec. 1113)
The Senate amendment contained a provision (sec. 1107)
that would repeal section 1593 of title 10, United States Code,
in order to remove the $400 limitation on uniform allowances
for civilian employees.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the Secretary of Defense to prescribe by regulation an amount
higher than $400.
Flexibility in setting pay for employees who move from a Department of
Defense or Coast Guard nonappropriated fund instrumentality
position to a position in the general schedule pay system (sec.
1114)
The House bill contained a provision (sec. 1108) that
would authorize flexibility in setting pay for an employee of a
Department of Defense (DOD) or U.S. Coast Guard nonappropriated
fund instrumentality who voluntarily transfers to a DOD or
Coast Guard civil service appropriated fund position without a
break in service of more than 3 days.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Retirement service credit for service as cadet or midshipman at a
military service academy (sec. 1115)
The Senate amendment contained a provision (sec. 1102)
that would amend sections 8331(13) and 8401(31) of title 5,
United States Code, to clarify an existing practice of awarding
retirement service credit for time in service as a cadet or
midshipman at a military service academy.
The House bill contained no similar provision.
The House recedes.
Authorization for increased compensation for faculty and staff of the
Uniformed Services University of the Health Sciences (sec.
1116)
The Senate amendment contained a provision (sec. 1108)
that would provide the Secretary of Defense greater flexibility
in setting salary levels for faculty and staff at the Uniformed
Services University of the Health Sciences. In no event would
the total amount of compensation exceed the amount specified in
section 102 of title 3, United States Code.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Report on establishment of a scholarship program for civilian mental
health professionals (sec. 1117)
The Senate amendment contained a provision (sec. 711)
that would require the Secretary of Defense, in consultation
with the Assistant Secretary of Defense for Health Affairs and
each of the surgeons general of the armed forces, to submit to
Congress a report on the feasibility and advisability of
establishing a scholarship program for civilian mental health
professionals. This report would be due not later than 180 days
after the date of enactment of this Act.
The House bill contained no similar provision.
The House recedes.
Legislative Provisions Not Adopted
Annuity commencing dates
The House bill contained a provision (sec. 1107) that
would allow federal retirement annuities to commence either on
the day after retirement or the day after age and service
requirements are met.
The Senate amendment contained no similar provision.
The House recedes.
Physicians and health care professionals comparability allowances
The Senate amendment contained a provision (sec. 937)
that would increase the amount of allowance the Secretary of
Defense is authorized to give to current or new Department of
Defense physicians or health care professionals under service
agreements. The provision would also require the Secretary of
Defense to report to the appropriate committees of Congress
annually on the operation of this section with regards to
recruiting and retention problems and other issues.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense, in
consultation with the Director, Office of Personnel Management,
to report to the Committees on Armed Services of the Senate and
the House of Representatives by February 1, 2008, on the
utilization of all bonus authorities for purposes of
recruitment and retention of Department of Defense civilian
health care professionals from fiscal year 2002 through fiscal
year 2007.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Military-to-military contacts and comparable activities (sec. 1201)
The House bill contained a provision (sec. 1201) that
would allow personnel exchange programs with foreign
governments to be conducted on a non-reciprocal basis if the
Secretary of Defense determines that it would be in the
interests of the United States to do so.
The Senate amendment contained no similar provision.
The Senate recedes.
Authority for support of military operations to combat terrorism (sec.
1202)
The House bill contained a provision (sec. 1202) that
would extend the authority provided in section 1208 of the
Ronald W. Reagan National Defense Authorization Act for Fiscal
Year 2005 (Public Law 108-375), and amend the annual reporting
requirements contained in subsection (f) of section 1208.
The Senate amendment contained no similar provision.
The Senate recedes.
Medical care and temporary duty travel expenses for liaison officers of
certain foreign nations (sec. 1203)
The House bill contained a provision (sec. 1203) that
would authorize the Secretary of Defense to pay medical and
temporary duty travel expenses incurred by a liaison officer
from a developing country who is temporarily assigned to a
headquarters of a combatant command, component command, or
subordinate operational command in connection with the planning
for, or conduct of, a military operation.
The Senate amendment contained no similar provision.
The Senate recedes.
Extension and expansion of Department of Defense authority to
participate in multinational military centers of excellence
(sec. 1204)
The House bill contained a provision (sec. 1204) that
would extend the authority provided under section 1205 of the
John Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364) for the Department of Defense to
participate in multinational military centers of excellence.
The provision would expand the definition of multinational
military centers of excellence in which Department personnel
may participate beyond those entities accredited or approved by
the North Atlantic Treaty Organization (NATO), to include
centers accredited or approved by the Secretary of Defense. The
provision would also raise the limitation on expenditures for
the U.S. share of the operating expenses of multinational
military centers of excellence under this section from $3.0
million to $5.0 million.
The Senate amendment contained a provision (sec. 1214)
that would extend, but not expand, the authority for Department
of Defense participation in multinational military centers of
excellence.
The Senate recedes with an amendment that would maintain
the current definition of a multinational military center of
excellence as an entity accredited and approved by NATO. The
conferees note the Department's stated interest in
participating in multinational military centers of excellence
beyond the NATO context. To aid consideration of this proposal,
the conferees urge the Department to provide additional
information on how expanded authority under this section would
be implemented, including how it would define a ``military
center of excellence'' outside the NATO context; where such
centers are or would be located; the purposes of such centers;
and the costs associated with U.S. participation in such
centers.
Reauthorization of Commanders' Emergency Response Program (sec. 1205)
The House bill contained a provision (sec. 1205) that
would extend the authority provided in section 1202 of the
National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163) for the Commanders' Emergency Response Program
(CERP) through fiscal years 2008 and 2009. The CERP is intended
to provide commanders in Iraq and Afghanistan funds for use in
small humanitarian and reconstruction projects in their area of
responsibility that provide immediate assistance to the local
population.
The Senate amendment contained a provision (sec. 1203)
that would authorize the CERP through fiscal year 2008 and
increase the authorized level for CERP funding up to
$977,441,000.
The Senate recedes with an amendment that would authorize
up to $977,441,000 to be used for CERP during each of fiscal
years 2008 and 2009.
The conferees note that the Under Secretary of Defense
(Comptroller) issued revised guidance for the CERP on May 9,
2007. The conferees are concerned by the failure of the
Department of Defense to comply with the requirement of section
1202 that the Secretary of Defense submit to the congressional
defense committees any modification to the guidance regarding
the allocation of CERP funds not later than 15 days after the
guidance is issued. The conferees strongly urge the Department
to comply with this requirement of section 1202 in the future.
The conferees also highlight that the revised May 2007
CERP guidance expands the listed uses of CERP funds, to include
making payments, sometimes called ``martyr payments,'' to the
family members of Iraqi or Afghan ``defense or police personnel
who were killed as a result of U.S., coalition or supporting
military operations'' in Iraq or Afghanistan. The conferees
question the Department's characterization of martyr payments
as a subset of condolence payments--payments made to civilians
for death or physical injury resulting from U.S., coalition, or
supporting military operations. Further, the conferees have
concerns over whether martyr payments are an appropriate
expansion of the uses of CERP funds on both policy and legal
grounds.
The conferees direct the Department to review its
decision to expand the use of CERP to include martyr payments
and submit a report on the results of that review to the
congressional defense committees not later than 60 days after
enactment of this Act. The report should include: a review of
the relevant policy considerations, including whether such
payments should be the responsibility of the Government of Iraq
or Afghanistan, respectively, rather than U.S. commanders; the
legal considerations associated with making martyr payments,
including whether such payments are consistent with the
prohibition in the CERP guidance on using CERP funds to provide
services or funds to national security forces in Iraq and
Afghanistan; and whether other funding accounts, such as the
Iraq Security Forces Fund or the Afghanistan Security Forces
Fund, would be a more appropriate source of funds for making
martyr payments. The report should also include information on
the amount of CERP funds used for martyr payments in each of
fiscal years 2006, 2007, and 2008 up to the date of the report.
The conferees direct the Department to specify in the quarterly
reports required under section 1202 the amount of CERP funds
used for martyr payments separate from the amount specified for
condolence payments.
Authority to build the capacity of the Pakistan Frontier Corps (sec.
1206)
The House bill contained a provision (sec. 1206) that
would expand the authority provided under section 1206 of the
National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163) for training and equipping foreign military forces
to allow the Secretary of Defense, with the concurrence of the
Secretary of State, to build the capacity of Pakistan security
forces, other than its military forces, to conduct
counterterrorist operations.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
the Secretary of Defense, with the concurrence of the Secretary
of State, to use up to $75.0 million of funds available for
operation and maintenance during fiscal year 2008 to enhance
the ability of the Pakistan Frontier Corps to conduct
counterterrorist operations along the border between Pakistan
and Afghanistan. Authorized assistance may include equipment,
supplies, and training. The amendment would require the
Secretary of Defense to notify the congressional defense
committees and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate not less than 15 days prior to providing assistance
under this section.
Authority to equip and train foreign personnel to assist in accounting
for missing United States Government personnel (sec. 1207)
The House bill contained a provision (sec. 1207) that
would authorize the Secretary of Defense to provide assistance
to foreign nations to aid/help in recovery and accounting
activities for missing U.S. Government personnel. The Secretary
of Defense would be required to submit an annual report on the
assistance provided under this authority.
The Senate amendment contained a similar provision (sec.
1201).
The House recedes with a clarifying amendment.
Authority to provide automatic identification system data on maritime
shipping to foreign countries and international organizations
(sec. 1208)
The House bill contained a provision (sec. 1208) that
would permit the Secretary of Defense to authorize secretaries
of the military departments and geographic combatant commanders
to provide foreign nations and international organizations with
information on the location of merchant vessels.
The Senate amendment contained no similar provision.
The Senate recedes.
Report on foreign-assistance related programs carried out by the
Department of Defense (sec. 1209)
The House bill contained a provision (sec. 1209) that
would require the Secretary of Defense to submit a report not
later than 180 days after enactment of this Act describing, on
a country-by-country basis, all foreign-assistance related
programs, projects, and activities of the Department of Defense
during the prior fiscal year.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to submit a report specifying, on a
country-by-country basis, each program carried out by the
Department of Defense during the prior fiscal year under the
foreign-assistance related authorities specified in the
provision. The report would be unclassified, but may include a
classified annex. The report would be submitted to the
congressional defense committees, and the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate.
Extension and enhancement of authority for security and stabilization
assistance (sec. 1210)
The Senate amendment contained a provision (sec. 1202)
that would extend until September 30, 2008, the authority
provided under section 1207 of the National Defense
Authorization Act of Fiscal Year 2006 (Public Law 109-163) for
the Secretary of Defense to provide the Secretary of State
services, defense articles, or funding to support Department of
State programs for reconstruction, security, or stabilization
assistance. The provision would also increase the total amount
of all services, defense articles, and funding that may be
provided under section 1207 from $100.0 million to $200.0
million. The provision would require the Department of State
(DOS) to coordinate with the Department of Defense (DOD) in the
formulation and implementation of any program of
reconstruction, security, or stabilization assistance that
involves the provision of services, defense articles, or funds
by the DOD to the DOS under this section.
The House bill contained no similar provision.
The House recedes with an amendment that would delete the
increase under the Senate provision in the aggregate value of
all services, defense articles, and funding that may be
provided under this section, thereby keeping the funding
limitation under section 1207 at $100.0 million during fiscal
year 2008.
Government Accountability Office report on Global Peace Operations
Initiative (sec. 1211)
The Senate amendment contained a provision (sec. 1204)
that would direct the Government Accountability Office to
submit a report not later than March 1, 2008, to the
congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives, assessing the President's
Global Peace Operations Initiative.
The House bill contained no similar provision.
The House recedes with a clarifying amendment that would
stipulate that the report be unclassified to the maximum extent
possible, and would require it to be submitted by June 1, 2008.
Repeal of limitations on military assistance under the American
Servicemembers' Protection Act of 2002 (sec. 1212)
The Senate amendment contained a provision (sec. 1205)
that would repeal some of the remaining limitations on
providing military assistance under the American
Servicemembers' Protection Act of 2002 (22 U.S.C. 7426).
The House bill contained no similar provision.
The House recedes.
Subtitle B--Matters Relating to Iraq and Afghanistan
Modification of authorities relating to the office of the Special
Inspector General for Iraq Reconstruction (sec. 1221)
The House bill contained a provision (sec. 1221) that
would extend the authority for the office of the Special
Inspector General for Iraq Reconstruction and clarify certain
authorities of the office.
The Senate amendment contained a similar provision (sec.
1540).
The House recedes with an amendment that would extend the
authority for the office and combine the authorities provided
in the House and Senate provisions.
Limitation on availability of funds for certain purposes relating to
Iraq (sec. 1222)
The House bill contained a provision (sec. 1222) that
would prohibit the obligation of funds authorized in this or
any other act to establish permanent bases in Iraq or exercise
United States control over Iraq's oil resources.
The Senate amendment contained a provision (sec. 1531)
that would continue such a prohibition for fiscal year 2008
only.
The House recedes.
Report on United States policy and military operations in Iraq (sec.
1223)
The House bill contained a provision (sec. 1224) that
would require a report on the implementation of the Multi-
National Forces-Iraq/United States Embassy Baghdad Joint
Campaign Plan and efforts to achieve political reform in Iraq.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment to the United States
Policy in Iraq Act, section 1227(c) of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163),
that would require a detailed description of the Joint Campaign
Plan, including those conditions which could prompt changes to
levels of United States armed forces or missions, and the
status of planning for those changes.
Report on a comprehensive set of performance indicators and measures
for progress toward military and political stability in Iraq
(sec. 1224)
The House bill contained a provision (sec. 1225) that
would require a report on training of the Iraqi Security
Forces.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment to section 9010 of
the Department of Defense Appropriations Act for Fiscal Year
2007 (Public Law 109-289) that would require additional
information on the Iraqi Security Forces in the report required
by that Act.
Report on support from Iran for attacks against coalition forces in
Iraq (sec. 1225)
The Senate amendment contained a provision (sec. 1535)
that would require, not later than 30 days after the date of
enactment of this Act and every 60 days thereafter, that the
Commander, Multi-National Forces, Iraq, and the U.S. Ambassador
to Iraq, in coordination with the Director of National
Intelligence, submit a report to Congress on: any support
provided to anti-coalition forces in Iraq by Iran or its
agents; Iran's strategy in Iraq; and any strategy or efforts by
the United States to counter the activities of Iran in Iraq.
The provision also contained a rule of construction that
nothing in this section would authorize or speak to the use of
armed forces against Iran.
The House bill contained no similar provision.
The House recedes with an amendment that would require
that the report be submitted by the Secretary of Defense, in
coordination with the Director of National Intelligence, not
later than 60 days after the date of enactment of this Act and
every 180 days thereafter. The amendment would also provide
that the reporting requirement would terminate when the
Secretary of Defense, in coordination with the Director of
National Intelligence, certifies to the congressional defense
committees that Iran has ceased to provide military support to
anti-coalition forces in Iraq.
The conferees are deeply concerned by reports of Iranian
activity in Iraq, including that the Iranian Qods Force is
providing training and support to anti-coalition forces in
Iraq. The conferees call on Iran to cease any training,
equipping, funding, advising, or any other support that it or
its agents are providing to Iraqi militia and insurgents and
that is counter to Iraqi and coalition interests. The conferees
strongly support U.S. diplomatic efforts with Iran to stop any
actions by Iran or its agents against U.S. or other coalition
forces in Iraq.
Sense of Congress on the consequences of a failed state in Iraq (sec.
1226)
The Senate amendment contained a provision (sec. 1536)
that would express the sense of the Senate that the Senate
should commit itself to a strategy that will not leave a failed
state in Iraq, and the Senate should not pass legislation that
will undermine our military's ability to prevent a failed state
in Iraq.
The House bill contained no similar provision.
The House recedes with an amendment that would express
the sense of Congress that a failed state in Iraq will have a
negative impact on the Middle East and American interests in
the region, and that the United States should pursue strategies
to prevent a failed state in Iraq or contain the negative
effects of a failed state in Iraq.
Sense of Congress on federalism in Iraq (sec. 1227)
The Senate amendment contained a provision (sec. 1537)
that would express the sense of Congress that the United States
should actively support a political settlement in Iraq based on
the final provisions of the Constitution of Iraq that create a
federal system of government and allow for the creation of
federal regions, consistent with the wishes of the Iraqi people
and their elected leaders. This provision would also express
the sense of Congress on other steps the United States should
take in that regard.
The House bill contained no similar provision.
The House recedes with an amendment that would express
the sense of Congress that policies supported by the United
States in the pursuit of a political settlement in Iraq should
be consistent with the wishes of the Iraqi people and should
not violate the sovereignty of the nation of Iraq.
Tracking and monitoring of defense articles provided to the Government
of Iraq and other individuals and groups in Iraq (sec. 1228)
The Senate amendment contained a provision (sec. 1541)
that would require the President to implement a policy to
control the export and transfer of defense articles into Iraq,
including implementation of a registration and monitoring
system.
The House bill contained no similar provision.
The House recedes with an amendment that would make
clarifying changes, and would also require the provision to
take effect 180 days after the enactment of this Act, with one
90-day waiver option, and does not direct enhanced end-use
monitoring.
The conferees fully expect the President to delegate this
authority.
The conferees urge the relevant Secretaries to consider
whether enhanced end-use monitoring may be desirable in the
cases of some of the lethal defense articles provided to Iraq.
The conferees understand, based on information provided
by the Departments of State and Defense, that this provision
will not have the effect of slowing the delivery of defense
articles and services to Iraq under the Foreign Military Sales
program. The conferees urge the Department of Defense to inform
the conferees immediately in the event that implementation of
this provision would have such an unintended and undesired
effect.
Special Inspector General for Afghanistan Reconstruction (sec. 1229)
The House bill contained a provision (sec. 1231) that
would establish an office of the Special Inspector General for
Afghanistan Reconstruction (SIGAR) to conduct independent and
objective audits and investigations of programs and operations
funded by the Department of Defense for Afghanistan
reconstruction. The President would appoint the SIGAR. The
provision would require the SIGAR to provide quarterly and
semiannual reports to the congressional defense committees. The
Office of the SIGAR would terminate 10 months after 80 percent
of the Department of Defense funds for Afghanistan
reconstruction have been expended.
The Senate amendment contained a provision (sec. 1542)
that would establish an office of the SIGAR to conduct audits
and investigations of United States Government programs and
operations for Afghanistan reconstruction.
The Senate recedes with an amendment that would establish
an office of the SIGAR to conduct independent and objective
audits and investigations of United States Government programs
and operations for Afghanistan reconstruction. The President
would appoint the SIGAR and may appoint the Special Inspector
General for Iraq Reconstruction (SIGIR) to serve as the SIGAR.
The SIGAR would report on a quarterly basis to the
congressional defense committees and the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate. The provision would provide
$20.0 million from the Afghanistan Security Forces Fund to
carry out this section during fiscal year 2008. The Office of
the SIGAR would terminate 180 days after the amount of
unexpended funds appropriated or otherwise made available for
Afghanistan is less than $250.0 million.
Report on progress toward security and stability in Afghanistan (sec.
1230)
The House bill contained a provision (sec. 1232) that
would require the Secretary of Defense, in coordination with
the relevant U.S. Government agencies and departments, to
report not later than 90 days after enactment of this Act on
progress toward security and stability in Afghanistan. The
report would include a description of the strategic direction
of U.S. activities related to security and stability in
Afghanistan. The report would also include a comprehensive set
of performance indicators and measures of progress toward long-
term security and stability in Afghanistan. The Secretary of
Defense would be required to provide updates of the report
every 90 days.
The Senate amendment contained a provision (sec. 1231)
that would require the President to report to the congressional
defense committees semiannually through fiscal year 2009 on
U.S. policy and military operations in Afghanistan. The
provision would require each report to contain a comprehensive,
interagency-coordinated strategy in support of U.S. policy and
military operations in Afghanistan, and detailed information on
key elements of that strategy.
The Senate recedes with an amendment that would require
the President, acting through the Secretary of Defense, to
submit a report not later than 90 days after enactment of this
Act, and every 180 days thereafter through the end of fiscal
year 2010, on progress toward security and stability in
Afghanistan. The provision would require the Secretary of
Defense to coordinate with the relevant U.S. Government
agencies and departments in preparing the report. The report
would include a description of a comprehensive U.S. strategy
for security and stability in Afghanistan, and detailed
information on key elements of that strategy, including U.S.
efforts to: strengthen the North Atlantic Treaty Organization
International Security Assistance Forces; build the capacity of
the Afghanistan National Security Forces; promote the
reconstruction and development of Afghanistan, including
through U.S.-led Provincial Reconstruction Teams; define the
overall strategy and activities of the Department of Defense
counternarcotics program; aid the Government of Afghanistan in
fighting public corruption and promoting the rule of law; and
increase cooperation with Afghanistan's neighboring countries.
The provision would also require that the report include a
comprehensive set of performance indicators and measures of
progress toward long-term security and stability in
Afghanistan. The report would be provided to the congressional
defense committees, and the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations
of the Senate.
United States plan for sustaining the Afghanistan National Security
Forces (sec. 1231)
The House bill contained a provision (sec. 1234) that
would require the Secretary of Defense, in coordination with
the Secretary of State and the Attorney General, to submit a
report detailing a long-term plan for sustaining the
Afghanistan National Security Forces (ANSF). The provision
would require the Secretary of Defense to update the plan every
90 days. The initial report and the updates would be submitted
to the congressional defense committees, and the Committee on
Foreign Affairs and the Committee on the Judiciary of the House
of Representatives and the Committee on Foreign Relations and
the Committee on the Judiciary of the Senate.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense, in coordination with the Secretary of
State, to submit not later than 90 days after enactment of this
Act and annually thereafter through fiscal year 2010, a report
detailing a long-term plan for sustaining the ANSF, with the
objective of ensuring that the ANSF will be able to conduct
operations independently and effectively and maintain long-term
security and stability in Afghanistan. The report would
include: a comprehensive strategy and budget, with defined
objectives; mechanisms for tracking funding, equipment,
training, and services provided to the ANSF; and any actions
necessary to assist the Government of Afghanistan to achieve a
number of specified goals, and the results of such actions. The
report would be submitted to the congressional defense
committees, and the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign Relations of
the Senate.
United States strategy for enhancing security and stability in the
border region between Afghanistan and Pakistan (sec. 1232)
The Senate amendment contained a provision (sec. 1232)
that would require the President to report to the congressional
defense committees on the U.S. strategy for working with
Pakistan to prevent the movement of violent extremist forces
across the Pakistan border into Afghanistan and to eliminate
safe havens for extremist forces on the territory of Pakistan.
The provision would also restrict reimbursements to Pakistan,
using Coalition Support Funds, for logistical, military, or
other support provided by Pakistan to U.S. military operations
unless the President determined that Pakistan was making
substantial and sustained efforts to eliminate any safe havens
for extremists on its territory.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense, in consultation with the Secretary of
State, to submit a report not later than March 31, 2008, on
enhancing security and stability in the region along the border
of Afghanistan and Pakistan. The report would include a
detailed description of the efforts by Pakistan to eliminate
safe havens for the Taliban, Al Qaeda, or other violent
extremist forces on its territory and prevent the movement of
those forces across Pakistan's border into Afghanistan, and an
assessment by the Secretary of Defense regarding whether
Pakistan is making substantial and sustained efforts to achieve
these objectives.
The provision would also require the Secretary of Defense
to provide a notification to the congressional defense
committees not less than 15 days before making any
reimbursement to Pakistan using Coalition Support Funds for
logistical, military, or other support provided by Pakistan to
U.S. military operations. The notification would include an
itemized description of the logistical, military, or other
support to be reimbursed. The notification would be required
with respect to reimbursements for support provided by Pakistan
during the period beginning on February 1, 2008 and ending on
September 30, 2009. The notification would be submitted in
unclassified form, but may include a classified annex if
necessary.
The conferees are concerned by the lack of transparency
regarding the kinds of logistical, military, or other support
provided by Pakistan to U.S. military operations and being
reimbursed using Coalition Support Funds. The conferees expect
that the notifications provided under this section would
itemize in detail the logistical support that the Department of
Defense has approved for reimbursement using Coalition Support
Funds. The conferees note that for the purposes of this
section, the term ``logistic support, supplies and services''
as defined in section 2350 of title 10, United States Code,
means ``food, billeting, transportation (including airlift),
petroleum, oils, lubricants, clothing, communications services,
medical services, ammunition, base operations support (and
construction incident to base operations support), storage
services, use of facilities, training services, spare parts and
components, repair and maintenance services, calibration
services, and port services.'' The conferees also expect that
the notifications would itemize the military support and
equipment, if any, and any other support or services that the
Department has approved for reimbursement using Coalition
Support Funds.
Reimbursement of certain coalition nations for support provided to
United States military operations (sec. 1233)
The Senate amendment contained a provision (sec. 1532)
that would authorize the Secretary of Defense to reimburse any
key cooperating nation for logistical and military support
provided by that nation to United States military operations in
Operation Iraqi Freedom or Operation Enduring Freedom. The
total amount of reimbursements made under this authority during
fiscal year 2008 may not exceed $1.2 billion. Not later than 30
days after the date of enactment of this Act, the Secretary of
Defense would be required to prescribe standards for
determining what kinds of logistical and military support may
be considered reimbursable under this section. The prescribed
standards would not take effect until 15 days after the
Secretary reports the standards to the congressional defense
committees. The Secretary would be required to notify the
congressional defense committees not less than 15 days before
making any reimbursement under this section.
The House bill contained no similar provision.
The House recedes.
Logistical support for coalition forces supporting operations in Iraq
and Afghanistan (sec. 1234)
The Senate amendment contained a provision (sec. 1533)
that would authorize the Secretary of Defense to provide up to
$400.0 million in supplies, services, and other logistical
support to coalition forces supporting U.S. military and
stabilization operations in Iraq and Afghanistan.
The House bill contained no similar provision.
The House recedes.
Subtitle C--Iraq Refugee Crisis
Refugee Crisis in Iraq Act (sec. 1241-1249)
The Senate amendment contained a series of provisions
that would: name the subtitle the Iraq Refugee Crisis Act of
2007 (sec. 1571); require the Secretary of State to establish a
refugee processing program in Iraq and in countries in the
region for Iraqis threatened because of their association with
the United States Government (sec. 1572); create a Priority 2
category under the refugee resettlement program for Iraqi
refugees of special humanitarian concern (sec. 1573); expand
the current special immigrant visa program (sec. 1574); require
the Secretary of State to designate a Minister Counselor in the
U.S. Embassy in Iraq and in U.S. embassies in certain other
countries in the region to oversee processing of Priority 2
refugees and refugees of special humanitarian concern (sec.
1575); require the Secretary of State to consult with countries
with significant populations of Iraqi refugees throughout the
implementation of this Act (sec. 1576); allow Iraqis who were
denied asylum or had their asylum status terminated after March
1, 2003, solely based on changed country conditions to file a
motion to reopen their claim (sec. 1577); require several
reports from the executive branch on the implementation of this
Act (sec. 1578); and authorize the appropriation of funds
necessary to carry out this Act (sec. 1579).
The House bill contained no similar provisions.
The House recedes with an amendment which would
consolidate these provisions into one subtitle and would make
several technical and clarifying amendments. The two most
significant amendments are: (1) a provision which would provide
8 months of resettlement assistance to those individuals
granted special immigrant visas; and (2) a modification that
would require the Secretary of State to designate a Senior
Coordinator, rather than a Minister Counselor, in the U.S.
Embassy in Iraq and in U.S. embassies in certain other
countries in the region to oversee the processing of Priority 2
refugees and refugees of special humanitarian concern.
The conferees note that they do not intend implementation
of this subtitle to have an adverse impact on the quantity or
quality of skilled local Iraqi personnel available to support
those operations. However, they also recognize that working for
the U.S. Government can prove to be a dangerous decision for
Iraqi nationals, and express appreciation to those Iraqis for
their contributions to the U.S. mission in that country.
Therefore, the conferees urge executive branch officials to:
consider the length and capacity of service when providing
preference in awarding special immigrant visas to Iraqi
citizens and nationals who have been working for the U.S.
Government; and consider giving higher priority in the
processing of refugee status to qualified applicants facing the
most immediate or severe risk of harm and Iraqi nationals whose
contracts with the U.S. Government constitute a significant
portion of their income since June 2003.
The conferees believe that the Secretary of State should
conduct the processing of refugees in Iraq with reasonable
consideration of the security situation. In addition, the
conferees recognize that the security situation might at times
adversely affect the ability of the U.S. Government to carry
out the necessary vetting requirements of Iraqi nationals
seeking entry into the United States under this subtitle.
Nonetheless, it remains critical that U.S. Government officials
perform the appropriate level of background checks and fulfill
other necessary vetting requirements for each Iraqi national
processed.
The conferees believe that the United States has a moral
responsibility to help those Iraqis who have helped the United
States and believe these provisions take a step toward meeting
that responsibility.
Finally, the conferees note that no assistance authorized
under this subtitle shall be provided to any person, agent,
instrumentality, representative, or official of a country that
is found to support international terrorism pursuant to the
Export Administration Act, the Arms Export Control Act, the
Foreign Assistance Act, or any other provision of law.
Subtitle D--Other Authorities and Limitations
Cooperative opportunities documents under cooperative research and
development agreements with NATO organizations and other allied
and friendly foreign countries (sec. 1251)
The House bill contained a provision (sec. 1241) that
would modify the timing of the preparation of cooperative
opportunities documents for acquisition programs and update the
terminology used in statute to describe the documents.
The Senate amendment contained a similar provision (sec.
1211).
The House recedes.
Extension and expansion of temporary authority to use acquisition and
cross-servicing agreements to lend military equipment for
personnel protection and survivability (sec. 1252)
The Senate amendment contained a provision (sec. 1212)
that would extend through September 30, 2008, the temporary
authority provided under section 1202 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364) for the Secretary of Defense to loan under
acquisition and cross-servicing agreements equipment for
personnel protection and survivability to foreign military
forces participating in combined operations with the United
States in Iraq and Afghanistan. The provision would also expand
to whom these loans of equipment may be made, to include
foreign military forces participating in combined operations
with the United States as part of a peacekeeping operation
under the United Nations Charter or another international
agreement.
The House bill contained no similar provision.
The House recedes.
The conferees emphasize that the authority for section
1202 is intended to permit the temporary loan of equipment to
foreign military forces that are participating in a specified
combined operation with the United States armed forces, for the
purpose of providing personnel protection or aiding in the
personnel survivability of such foreign military forces during
those operations. The conferees note that equipment loaned
under this authority may be used by the military forces of the
recipient country for not longer than 1 year, at which time the
equipment will be returned to the United States under the terms
of the acquisition and cross-servicing agreement between the
United States and the recipient country.
Acceptance of funds from the Government of Palau to defray expenditures
attendant to the operation of United States military Civic
Action Team in Palau (sec. 1253)
The Senate amendment contained a provision (sec. 1213)
that would amend section 1933(a) of title 48, United States
Code, to allow the Secretary of Defense to accept funds from
the Government of Palau to defray expenditures that the
Department of Defense makes in connection with the United
States military Civic Action Team in Palau.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Repeal of requirement relating to North Korea (sec. 1254)
The Senate amendment contained a provision (sec. 1217)
that would prohibit the Secretary of Defense from obligating or
expending any funds authorized to be appropriated under section
1207 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163) until the administration has fully
implemented section 1211 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364).
The House bill contained no similar provision.
The House recedes with an amendment that would repeal
subsection (a) of section 1211 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364).
The conferees note that section (a) of section 1211
mandated the appointment of a North Korea Policy Coordinator
because of the conferees' concern that the administration
lacked a coordinated approach to addressing the North Korean
nuclear threat. However, more recently, the conferees have
noted progress in the Six-Party Talks with North Korea, and are
satisfied that the Assistant Secretary of State for East Asian
and Pacific Affairs has sufficient authority in these
negotiations. Therefore, the conferees deem that the intent of
section 1211 (a) has been met.
Justice for Osama bin Laden and other leaders of al Qaeda (sec. 1255)
The Senate amendment contained a provision (sec. 1219)
that would authorize the Secretary of State to offer a reward
of $50.0 million for the capture, death, or information leading
to the capture or death of Osama bin Laden.
The Secretary of State and the Secretary of Defense, in
coordination with the Director of National Intelligence, shall
jointly submit to Congress, not later than 90 days after
enactment of this Act, and every 90 days thereafter, a report
on the progress made in bringing Osama bin Laden and other
leaders of al Qaeda to justice.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
report requirement to two reports: (1) the initial report due
90 days after enactment of this Act; and, (2) a report a year
later.
The conferees believe that a foremost objective of U.S.
counterterrorist policy should be protecting U.S. persons and
property by capturing or killing Osama bin Laden, and other
leaders of the al Qaeda network, and destroying the al Qaeda
network.
Extension of Counterproliferation Program Review Committee (sec. 1256)
The House bill contained a provision (sec. 1242) that
would extend the Counterproliferation Program Review Committee
(CPRC) established by section 1605 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 108-136)
through 2013. This provision would also add additional members
to the committee and change the requirement that the committee
submit a report annually to a biennial reporting requirement
with the first biennial report due on March 1, 2009 and each
odd-numbered year thereafter through 2013.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would limit the
new members of the CPRC to the Department of State and the
Department of Homeland Security and would require the first
biennial report to be submitted on May 1, 2009.
Sense of Congress on the Western Hemisphere Institute for Security
Cooperation (sec. 1257)
The House bill contained a provision (sec. 1243) that
would express the sense of Congress supporting the Department
of Defense's education and training facility, the Western
Hemisphere Institute for Security Cooperation.
The Senate amendment (sec. 1067) contained a similar
provision.
The Senate recedes with a technical amendment.
Sense of Congress on Iran (sec. 1258)
The Senate amendment contained a provision (sec. 1538)
that would state the sense of the Senate that Iran's Islamic
Revolutionary Guards Corps (IRGC) should be designated as a
foreign terrorist organization and placed on the list of
Specially Designated Global Terrorists established by the
International Emergency Economic Powers Act.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
that it is in the U.S. national interest that the Government of
Iran not use extremists in Iraq to subvert or co-opt the
institutions of the legitimate Government of Iraq.
The conferees are concerned by reports, including the
testimony to Congress in September 2007 of General David
Petraeus, Commander, Multi-National Forces, Iraq, and
Ambassador Ryan Crocker, U.S. Ambassador to Iraq, regarding
Iranian activity in Iraq that is harmful to the Iraqi state and
coalition forces in Iraq. The conferees strongly endorse the
administration's pursuit of a diplomatic approach to address
this Iranian threat. The conferees note that on October 25,
2007, the Department of State announced that it designated the
IRGC an entity of proliferation concern under Executive Order
13382, and the Department of the Treasury designated the IRGC's
Qods Force under Executive Order 13224 for providing material
support to the Taliban and other terrorist organizations.
Subtitle E--Reports
One-year extension of update on report on claims relating to the
bombing of the Labelle Discotheque (sec. 1261)
The Senate amendment contained a provision (sec. 1233)
that would provide for a 1-year extension of the requirement to
provide an update on the report on claims related to the
bombing of the Labelle Discotheque.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Report on United States policy toward Darfur, Sudan (sec. 1262)
The House bill contained a provision (sec. 1235) that
would require the Secretary of Defense to submit a report on
the operational status of the airfield located in Abeche, Chad.
The Senate amendment contained a similar provision (sec.
1235).
The House recedes with an amendment that would
incorporate elements of a report on U.S. policy toward Darfur,
Sudan that was in the Senate amendment (sec. 1234). The
amendment would also make other clarifying and technical
changes, and would repeal a similar reporting requirement on
the situation in Darfur, Sudan required by section 1227 of the
John Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364).
Inclusion of information on asymmetric capabilities in annual report on
military power of the People's Republic of China (sec. 1263)
The Senate amendment contained a provision (sec. 1236)
that would amend section 1202(b) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65) to
include information on asymmetric capabilities in the annual
report on the military power of the People's Republic of China.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Report on application of the Uniform Code of Military Justice to
civilians accompanying the armed forces during a time of
declared war or contingency operation (sec. 1264)
The Senate amendment contained a provision (sec. 1237)
that would require the Secretary of Defense to report to
Congress on the status of implementing a requirement to make
the Uniform Code of Military Justice applicable to military
contractors during a time of war or a contingency operation.
The House bill contained no similar provision.
The House recedes with an amendment that would specify
matters to be addressed in the report.
Report on family reunions between United States citizens and their
relatives in North Korea (sec. 1265)
The Senate amendment contained a provision (sec. 1238)
that would require the President to submit to Congress, not
later than 180 days after the date of enactment of this Act, a
report on family reunions between United States citizens and
their relatives in North Korea.
The House bill contained no similar provision.
The Senate recedes with an amendment that would modify
elements of the required report.
The conferees expect the report to include information
regarding what additional actions, if any, the President
considers desirable and feasible in order to facilitate safe
and transparent reunions of U.S. citizens and their relatives
in North Korea, wherever those reunions may take place.
The conferees support the ongoing Six-Party Talks with
North Korea and placing the priority on the de-nuclearization
of the Korean peninsula, but note that normalization, which
would encompass a number of issues, is also being addressed
within the talks.
Reports on prevention of mass atrocities (sec. 1266)
The Senate amendment contained a provision (sec. 1239)
that would require both the Secretary of State and the
Secretary of Defense to submit a report not later than 120 days
after the date of enactment of this Act, to the congressional
defense committees, the Committee on Foreign Relations of the
Senate, and the Committee on Foreign Affairs of the House of
Representatives assessing their respective capabilities to
provide training and guidance to the command of an
international intervention force that seeks to prevent mass
atrocities.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the report to be due 180 days after the date of enactment of
this Act.
Report on threats to the United States from ungoverned areas (sec.
1267)
The Senate amendment contained a provision (sec. 1042)
that would require the Secretary of Defense and the Secretary
of State, in coordination with the Director of National
Intelligence, to report on the threat posed to the United
States by ungoverned areas, especially as they relate to
terrorist groups and individuals who aim their activities at
the United States and its allies.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Legislative Provisions Not Adopted
Limitation on assistance to the Government of Thailand
The Senate amendment contained a provision (sec. 1215)
that would require the Secretary of Defense to notify the
Committees on Armed Services of the Senate and the House of
Representatives, the Senate Foreign Relations Committee, and
the House Foreign Affairs Committee 15 days prior to obligating
or expending funds to initiate any new types of military
assistance activities with Thailand.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the administration appears to
have conducted a judicious review of all ongoing assistance to
the Government of Thailand, and urge the administration to
apply a uniform standard when considering the provision of
military and other types of foreign assistance to that
Government.
The conferees also note that Thailand appears to be
making progress towards restoring civilian democracy in the
country via elections scheduled for December 2007, and urge the
current Government of Thailand to lift martial law countrywide
and take all necessary measures to ensure that the elections
are free and fair.
Presidential report on policy objectives and United States strategy
regarding Iran
The Senate amendment contained a provision (sec. 1216)
that would prohibit not more than 75 percent of the amount
authorized for the Office of the Under Secretary of Defense for
Policy from being obligated until the report required by
section 1213(b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364) is
submitted to Congress.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the report was submitted.
Report on Department of Defense efforts to build the capacity of the
Government of Iraq to carry out reconstruction activities in
Iraq
The House bill contained a provision (sec. 1223)
requiring the Secretary of Defense to submit a report to
Congress on efforts of the Department of Defense to build the
capacity of the Government of Iraq to carry out reconstruction
activities in Iraq.
The Senate amendment contained no similar provision.
The House recedes.
Sense of Congress on responsibilities of the Iraqi Council of Ministers
to enact laws to achieve political reform and diminish support
for the insurgency in Iraq
The House bill contained a provision (sec. 1226)
expressing the sense of Congress that the Iraqi Council of
Representatives should not recess for an extended period of
time without first making substantial progress toward enacting
certain laws, other legislation, and constitutional amendments.
The Senate amendment contained no similar provision.
The House recedes.
Report on planning and implementation of the United States engagement
and policy toward Darfur
The Senate amendment contained a provision (sec. 1234)
that would require a report on planning and implementation of
the United States engagement and policy toward Darfur.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that this reporting requirement has
been incorporated into another provision in title XII of this
act.
Report on progress of the Department of Defense's counternarcotics
program for Afghanistan
The House bill contained a provision (sec. 1233) that
would require the Secretary of Defense to submit to Congress,
not later than 90 days after the date of enactment of this Act,
a report on the progress of the Department of Defense's
counternarcotics program for Afghanistan.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that House section 1233 and the
counternarcotics component of Senate section 1231 were
reconciled and incorporated in a larger report on U.S. policy
in Afghanistan that is included in another provision of this
Act.
The conferees note with concern the administration's
renewed focus on aerial spraying as an option to be considered
by the Government of Afghanistan for non-negotiated forced
eradication of opium poppies. The conferees recommend that the
Secretary of Defense evaluate the potential consequences of
aerial spraying, including the impact on perceptions of the
Afghan population, and on achieving the larger strategic goals
of the U.S. military in Afghanistan.
Sense of Congress concerning the strategic military capabilities and
intentions of the People's Republic of China
The House bill contained a provision (sec. 1244) that
would express the sense of Congress concerning the strategic
military capabilities and intentions of the People's Republic
of China.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note China's continued investment in
strategic military capabilities that could be used to support
power projection and access denial operations beyond the Asia
Pacific region, and the lack of transparency surrounding the
strategic military capabilities and intentions relating to
China's military modernization. The Pentagon's 2006 Quadrennial
Defense Review Report (QDR) found that China is at a strategic
crossroads and that, ``of the major and emerging powers, China
has the greatest potential to compete militarily with the
United States.'' The conferees note that during the last year,
China demonstrated such potential, including the October 2006
broach of a Chinese SONG-class diesel-electric submarine in
close proximity to the USS Kitty Hawk aircraft carrier in
international waters and the January 2007 test of a direct
ascent anti-satellite missile against a Chinese weather
satellite in low-earth orbit.
The conferees encourage the Secretary of Defense to
expand efforts to develop an accurate assessment and
understanding of China's strategic military modernization and
strategic intentions, particularly with regard to its sea- and
space-based strategic capabilities.
Sense of Congress on the capture of Osama bin Laden and the al Qaeda
leadership
The Senate amendment contained a provision (sec. 1544)
that would express the sense of Congress that it should be the
policy of the United States Government that the foremost
objective of United States counterterrorist operations is to
protect United States persons and property from terrorist
attacks by capturing or killing Osama bin Laden, Ayman al-
Zawahiri, and other leaders of al Qaeda and destroying the al
Qaeda network.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the underlying concern motivating
this provision is addressed by another provision elsewhere in
this Act, and that the statement of managers accompanying that
provision contains the concerns expressed in the Senate
amendment.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Specification of Cooperative Threat Reduction programs and funds (sec.
1301)
The Senate amendment contained a provision (sec. 1301)
that would specify the Cooperative Threat Reduction programs
and funds.
The House bill contained a similar provision (sec. 1301).
The House recedes.
Funding allocations (sec. 1302)
The House bill contained a provision (sec. 1302) that
would authorize $398.0 million for the Cooperative Threat
Reduction (CTR) program. The provision would also authorize a
specific amount for each CTR program element, require
notification to Congress 30 days before the Secretary of
Defense obligates and expends fiscal year 2008 funds for
purposes other than those specifically authorized, and provide
limited authority to vary the individual CTR program amounts.
The authority to vary the amount of funds for three of the
program elements would be limited to increases of no more than
125 percent of the specific amount authorized. The Secretary
would be required to notify Congress 15 days in advance of
varying the amounts for any CTR program.
The Senate amendment contained a similar provision (sec.
1302) that would authorize $448.0 million for the CTR program;
would not include the 125 percent limit on the authority of the
Secretary to vary the amounts in the CTR program elements; and
would include the 15 day notification requirement.
The House recedes with an amendment that would authorize
$428.0 million for the CTR program, an increase of $80.0
million above the budget request. The conferees agree to
provide $10.0 million for new CTR initiatives outside the
former Soviet Union to support the new authority for such
initiatives provided elsewhere in this Act. The conferees agree
to provide $5.0 million for chemical weapons destruction in
Libya, and $1.0 million for chemical weapons destruction in
Shchuch'ye, Russia. In the event the Secretary is unable to use
all or part of the authorized funding in furtherance of this
new authority, the Secretary may use such funds for any other
CTR program elements after the required 15 day notification
period.
Specification of Cooperative Threat Reduction programs in states
outside the former Soviet Union (sec. 1303)
The Senate amendment contained a provision (sec. 1303)
that would amend section 1501 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201) to
permit the Department of Defense to conduct Cooperative Threat
Reduction programs outside the former Soviet Union (FSU). The
provision would specify the nature of the programs that could
be carried out.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
nature of the programs that could be carried out outside the
FSU and would include programs to facilitate safe and secure
transportation and storage of nuclear weapons, weapons
components and their delivery vehicles, and programs to expand
military-to-military and other defense contacts.
Repeal of restrictions on assistance to states of the former Soviet
Union for Cooperative Threat Reduction (sec. 1304)
The Senate amendment contained a provision (sec. 1305)
that would repeal certain provisions of the Soviet Nuclear
Threat Reduction Act of 1991 (Public Law 102-228), the
Cooperative Threat Reduction Act of 1993 (Public Law 103-160),
and section 1305 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65) that require a number of
annual certifications before any Cooperative Threat Reduction
funds may be obligated in any fiscal year. In addition, the
provision would repeal section 1303 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375), which authorized the President to waive the
annual certification requirements. The provision would also
clarify application of certain other provisions of law.
The House bill contained a similar provision (sec. 1305).
The House recedes.
Modification of authority to use Cooperative Threat Reduction funds
outside the former Soviet Union (sec. 1305)
The House bill contained a provision (sec. 1306) that
would amend section 1308 of the National Defense Authorization
Act for Fiscal Year 2004 (2004 NDAA) (Public Law 108-136).
Section 1308 authorizes the President to utilize the
Cooperative Threat Reduction (CTR) program funds for emergency
or other short-term projects outside the former Soviet Union
(FSU). The House provision would amend section 1308 to allow
the Secretary of Defense, with the concurrence of the Secretary
of State, to: utilize the CTR program funds for an emergency;
repeal the $50.0 million funding limitation on the amount that
could be obligated for an emergency; and require the Secretary
of Defense to notify Congress 15 days prior to exercising this
authority, unless such advance notification would severely
undermine the national security of the United States, in which
case the notification would be made within 10 days of
obligating CTR funds.
The Senate amendment contained a similar provision (sec.
1304) but would not repeal the $50.0 million funding limitation
and would not modify the notification requirements.
The Senate recedes with an amendment that would make
clarifying changes and would permit the Secretary of Defense
and the Secretary of State to notify Congress no later than 10
days after the funds were obligated.
The conferees note that prior to the enactment of the
2004 NDAA, CTR authority was limited to programs conducted in
the states of the FSU. Section 1308 of the 2004 NDAA provided
authority for the CTR program to address emergency or other
short-term projects outside the FSU. Elsewhere in this Act, the
conferees have included a provision that would provide new
authority for the CTR program to expand its programmatic
authority on a regular, non-emergency basis to states outside
the FSU. With this new authority, the utility of the section
1308 emergency authority may diminish. The conferees direct the
Secretary of Defense to submit, with the budget request for the
CTR program for fiscal year 2010, an assessment as to whether
there is a continued need for the emergency authority provided
by section 1308 of the 2004 NDAA.
New initiatives for the Cooperative Threat Reduction program (sec.
1306)
The House bill contained a provision (sec. 1303) that
would set forth the sense of Congress that the Department of
Defense (DOD) should expand and strengthen the Cooperative
Threat Reduction (CTR) program. This would include expansion of
the scope of CTR program activities within Russia and the
former Soviet Union (FSU) as well as in states outside the FSU,
including those in Asia and the Middle East, and specifically
on the Korean Peninsula. In addition, the provision would
require the Secretary of Defense to enter into an arrangement
with the National Academy of Sciences (NAS) under which the NAS
would conduct a study that would analyze possible options for
strengthening and expanding the CTR program and make related
recommendations. The provision would also require the Secretary
to develop and submit to Congress by March 31, 2008, a report
on the NAS study including the Secretary's assessment of the
study together with a specific action plan for new CTR
initiatives.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would make
clarifying changes and would focus the scope of the NAS study
on identification of threats that are most appropriately
addressed by the CTR program. In addition, the amendment would
allow additional time for both the NAS study and the report to
be prepared by the Secretary.
To ensure timely delivery of the study described in this
section, the conferees strongly urge all U.S. Government
departments or agencies that provide the NAS with access to
classified material for use in the study to complete promptly
any necessary classification reviews of the study or related
documents.
The conferees recognize that there are a wide variety of
global threats arising from the proliferation of nuclear,
chemical, and biological weapons and weapons-related materials,
technologies, and expertise. The conferees emphasize that
addressing these threats will require the resources of many
agencies of the United States Government, which in turn must be
well coordinated with other states and international entities
working in broad partnerships. The partnerships should also
focus on national programs that can be sustained in the long-
term.
The conferees expect that the NAS study and the
Secretary's report will provide an analysis of the threats that
could be addressed by the CTR program both within and outside
the FSU. The conferees hope that the NAS study will identify
potential opportunities for Russia and other states to work
together with the United States to establish deeper
partnerships to address these threats.
The conferees support strengthening and expanding, as
much as possible, the programs designed to address these
threats, including the CTR program. The CTR program is critical
to U.S. national security and should be a top priority.
Significant progress has been made over the last 10 years, but
much remains to be done. The conferees believe the CTR program
would benefit from additional funding to support new and
expanded activities both within and outside the FSU. Elsewhere
in this Act, the conferees have included a number of provisions
and additional funding for the CTR program to ensure that
wherever possible, actions are taken to address threats
involving nuclear, chemical, and biological weapons and
weapons-related materials, technologies, and expertise.
Report relating to chemical weapons destruction at Shchuch'ye, Russia
(sec. 1307)
The House bill contained a provision (sec. 1304) that
would require the Secretary of Defense to notify the
congressional defense committees within 30 days of the
commencement of negotiations on, or the signing or finalization
of, an agreement with the Russian Federation that would change
implementation of the Shchuch'ye chemical weapons destruction
project, under the Cooperative Threat Reduction (CTR) program,
in any manner inconsistent with the purpose and intent of the
amounts authorized and appropriated for the project. The
provision would also require the Secretary to submit a report
to the congressional defense committees on the Shchuch'ye
chemical weapons destruction project, setting forth a current
and detailed cost estimate for project completion and a
specific strategic and operating plan for project completion,
which includes contractual arrangements, plans for project
management and oversight, quality assurance and sustainability
measures, metrics for measuring project progress, coordination
plans, and a project completion date. In addition, the
provision would prohibit the Secretary from implementing any
new or modified agreement with Russia relating to the
Shchuch'ye project, as described in the provision, until 90
days after the report and the signed and finalized agreement
have been submitted to the congressional defense committees,
and the Secretary makes a series of certifications with respect
to the project.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary to submit a report to the congressional defense
committees only on the Shchuch'ye chemical weapons destruction
project. This report would include: a current and detailed cost
estimate for project completion; and a specific strategic and
operating plan for project completion setting forth plans for
project management and oversight, quality assurance and
sustainability measures, metrics for measuring project
progress, and a projected project completion date. This report
would be due no later than 90 days after the date of enactment
of this Act.
The conferees believe that completion of the chemical
weapons destruction project at Shchuch'ye, Russia, should be a
high priority for the CTR program and urge the Secretary to
take necessary steps to ensure that the facility is adequately
supported so that it can begin to destroy the stockpile of
Russian chemical weapons as soon as possible.
National Academy of Sciences study of prevention of proliferation of
biological weapons (sec. 1308)
The Senate amendment contained a provision (sec. 1306)
that would require the Secretary of Defense to enter into an
arrangement with the National Academy of Sciences (NAS) under
which the NAS would carry out a study to identify areas for
cooperation with states outside the former Soviet Union under
the Cooperative Threat Reduction program to prevent the
proliferation of biological weapons and dual-use materials. The
provision would also require the Secretary to submit a report
on the NAS study, including the Secretary's assessment of the
NAS report and any actions the Secretary plans to take to
implement its recommendations, to the Committees on Armed
Services of the Senate and the House of Representatives on
December 31, 2008.
The House bill contained no similar provision.
The House recedes with an amendment that would make
clarifying changes and would modify the reporting requirement
so that the Secretary's report would be provided to Congress 90
days after receipt of the NAS report.
To ensure timely delivery of the study described in this
section, the conferees strongly urge all U.S. Government
departments or agencies that provide the NAS with access to
classified material for use in the study to complete promptly
any necessary classification reviews of the study or related
documents.
Legislative Provision Not Adopted
Clarification of amounts for Cooperative Threat Reduction programs
The House bill contained a provision (sec. 1307) that
would increase the amounts for the Cooperative Threat Reduction
program by $480,000.
The Senate amendment contained no similar provision.
The House recedes.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Summary and explanation of tables
This title contains funding authorizations for working
capital and revolving funds, the National Defense Sealift Fund,
the Defense Health Program, the destruction of chemical
munitions, drug interdiction and counterdrug activities, and
funding for the Department of Defense Inspector General and
other programs which contain elements of more than one type of
traditional funding account (such as procurement or operation
and maintenance) inside a single account.
The conference agreement also includes funding for a
Strategic Readiness Fund which was included in title XVII of
the House bill and is included in title XIV of the conference
agreement.
This title includes legislative proposals regarding the
national defense stockpile, and authorizes trust fund
expenditures for the Armed Forces Retirement Home, which is a
Department of Defense civil program funded outside the national
defense budget function.
The following tables provide the program-level detailed
guidance for the funding authorized in title XIV of this Act.
The tables also display the funding requested by the
administration in the fiscal year 2008 budget request for these
programs, and indicate those programs for which the conferees
either increased or decreased the requested amounts. Unless
noted in this report, funding changes to the budget request are
made without prejudice.
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Working capital funds (sec. 1401)
The House bill contained a provision (sec. 302) that
would authorize fiscal year 2008 funds for Defense Working
Capital Funds and the National Defense Sealift Fund.
The Senate amendment contained a similar provision for
working capital funds (sec. 1401).
The conference agreement includes this provision.
National Defense Sealift Fund (sec. 1402)
The House bill contained a provision (sec. 302) that
would authorize fiscal year 2008 funds for the National Defense
Sealift Fund and for working capital funds.
The Senate amendment contained a similar provision
authorizing appropriations for the National Defense Sealift
Fund (sec. 1402).
The conference agreement includes this provision.
Defense Health Program (sec. 1403)
The House bill contained a provision (sec. 303) that
would authorize fiscal year 2008 funds for the Defense Health
Program and other programs.
The Senate amendment contained a similar provision
authorizing appropriations for the Defense Health Program (sec.
1403).
The conference agreement includes this provision.
Chemical agents and munitions destruction, Defense (sec. 1404)
The House bill contained a provision (sec. 303) that
would authorize fiscal year 2008 funds for chemical agents and
munitions destruction and other programs.
The Senate amendment contained a similar provision
authorizing appropriations for chemical agents and munitions
destruction (sec. 1404).
The conference agreement includes this provision.
Drug Interdiction and Counter-Drug Activities, Defense-wide (sec. 1405)
The House bill contained a provision (sec. 303) that
would authorize fiscal year 2008 funds for drug interdiction
and counterdrug activities and other programs.
The Senate amendment contained a similar provision
authorizing appropriations for drug interdiction and
counterdrug activities (sec. 1405).
The conference agreement includes this provision.
Defense Inspector General (sec. 1406)
The House bill contained a provision (sec. 303) that
would authorize fiscal year 2008 funds for the Department of
Defense Inspector General and other programs.
The Senate amendment contained a similar provision
authorizing appropriations for the Inspector General (sec.
1406).
The conference agreement includes this provision.
Subtitle B--National Defense Stockpile
Authorized uses of National Defense Stockpile funds (sec. 1411)
The House bill contained a provision (sec. 3301) that
would authorize the use of funds from the National Defense
Stockpile Transaction Fund for the operation and maintenance of
the National Defense Stockpile for fiscal year 2008.
The Senate amendment contained no similar provision.
The Senate recedes.
Revisions to required receipt objectives for previously authorized
disposals from the National Defense Stockpile (sec. 1412)
The House bill contained a provision (sec. 3302) that
would authorize revisions on limitations in asset sales from
the National Defense Stockpile.
The Senate amendment contained a similar provision (sec.
1413).
The Senate recedes with an amendment that would amend
section 3402(b) of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65) to increase the Department
of Defense's stockpile commodity disposal authority from $600.0
million to $710.0 million. The Senate amendment would further
amend section 3303(a) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261), as
amended by section 3302 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375), and section 3302(a) of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163) to increase the
Department's disposal authority from $1,016.0 million to
$1,066.0 million.
Disposal of ferromanganese (sec. 1413)
The Senate amendment contained a provision (sec. 1411)
that would require the Secretary of Defense to certify that
disposal of ferromanganese from the National Defense Stockpile
above 50,000 and 75,000 tons in fiscal year 2008 is in the
national defense interest, will not disrupt markets, and is
consistent with stockpile requirements. The Senate amendment
would also require the Department of Defense to wait 30 days
after certification before disposing of additional
ferromangangese.
The House bill contained no similar provision.
The House recedes with an amendment that would allow for
certification when the Department has contracts for 50,000 and
75,000 tons and would eliminate the 30-day wait period.
Disposal of chrome metal (sec. 1414)
The Senate amendment contained a provision (sec. 1412)
that would require the Secretary of Defense to certify that
disposal of chrome metal from the National Defense Stockpile
above 500 and 750 short tons in fiscal year 2008 is in the
national defense interest, will not disrupt markets, and is
consistent with stockpile requirements. The Senate amendment
would also require the Department of Defense to wait 30 days
after certification before disposing of additional chrome
metal.
The House bill contained no similar provision.
The House recedes.
Subtitle C--Armed Forces Retirement Home
Authorization of appropriations for Armed Forces Retirement Home (sec.
1421)
The House bill contained a provision (sec. 422) that
would authorize $61.6 million to be appropriated for fiscal
year 2008 from the Armed Forces Retirement Home Trust Fund for
operation of the Armed Forces Retirement Home.
The Senate amendment contained an identical provision
(sec. 1421).
The conference agreement includes this provision.
Administration and oversight of the Armed Forces Retirement Home (sec.
1422)
The Senate amendment contained a provision (sec. 1422)
that would amend the Armed Forces Retirement Home Act of 1991
to require: (1) treatment of the Armed Forces Retirement Home
as a military facility of the Department of Defense for the
purpose of entering into contracts, agreements, or transactions
regarding real property; (2) accreditation by a nationally
recognized civilian accrediting organization for each aspect of
each facility of the Retirement Home; (3) appointment of a
Chief Medical Officer of the Retirement Home; and (4) the
Inspector General of the Department of Defense to inspect the
Retirement Home every 2 years.
The House bill contained no similar provision.
The House recedes with an amendment that would: (1)
provide that the administration of the Retirement Home remains
under the direct authority, control, and administration of the
Secretary of Defense, (2) require the Secretary of Defense to
designate the Deputy Director of the TRICARE Management
Activity to serve as the senior medical advisor for the
Retirement Home; and (3) require the Inspector General of the
Department of Defense to inspect the Retirement Home in any
year in which a facility of the Retirement Home is not
inspected by a nationally recognized civilian accrediting
organization. The amendment deleted the requirement that the
Retirement Home be treated as a military facility of the
Department of Defense for the purpose of entering into
contracts, agreements, or transactions regarding real property.
Legislative Provisions Not Adopted
Additional amount for drug interdiction and counterdrug activities with
respect to Afghanistan
The Senate amendment contained a provision (sec. 1405A)
that would transfer funding for drug interdiction and
counterdrug activities in Afghanistan between titles of this
Act.
The House bill contained no similar provision.
The Senate recedes.
The conference outcome is reflected in the tables of this
report.
Reduction in certain authorizations due to savings from lower inflation
The Senate amendment contained a provision (sec. 1407)
that would reduce the amounts authorized in Division A of this
Act by $1.6 billion to bring the inflation assumptions
applicable to purchases by the Department of Defense for fiscal
year 2008 in line with the economic assumptions previously
adopted by Congress in the budget resolution for fiscal year
2008.
The House bill contained no similar provision.
The Senate recedes.
Pilot program to establish an Army Wounded Warrior battalion at an
appropriate active duty base
The House bill contained a provision (sec. 1419) that
would require the Secretary of the Army to establish a pilot
program, known as the Army Wounded Warrior Program, based on
the Wounded Warrior Regiment program of the Marine Corps.
The Senate amendment contained no similar provision.
The House recedes.
The conferrees are aware that the Army has already
established Warrior Transition Units that are similar in
function to the Marine Wounded Warrior Regiment program.
Establishment of medical support fund for support of members of the
armed forces returning to military service or civilian life
The House bill contained a provision (sec. 1422) that
would require the establishment of a medical support fund on
the books of the Treasury to support programs and activities
relating to the medical treatment, care, rehabilitation,
recovery, and support of wounded and injured service members
and their families, and authorized $50.0 million for the fund.
The Senate amendment contained no similar provision.
The House recedes.
Oversight Board for Wounded Warriors
The House bill contained a provision (sec. 1423) that
would require the establishment of a 12 member board to be
known as the Oversight Board for Wounded Warriors to provide
oversight of medical care, quality of life, administrative
processing, and family programs supporting wounded warriors and
to provide advice and counsel to Congress and the Department of
Defense about how the programs can be made more efficient and
effective.
The Senate amendment contained no similar provision.
The House recedes.
Study and report of waiting periods for appointments at Department of
Veterans Affairs medical facilities
The House bill contained a provision (sec. 1438) that
would require the Secretary of Veterans Affairs to conduct a
study on the average length of time between the desired date
for which a veteran seeks to schedule an appointment for health
care at a Department of Veterans Affairs medical facility and
the date on which such appointment is completed.
The Senate amendment contained no similar provision.
The House recedes.
Increase in physicians at hospitals of the Department of Veterans
Affairs
The House bill contained a provision (sec. 1453) that
would require the Secretary of Veterans Affairs to increase the
number of resident physicians at hospitals of the Department of
Veterans Affairs.
The Senate amendment contained no similar provision.
The House recedes.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION
IRAQI FREEDOM AND OPERATION ENDURING FREEDOM
Overview
The President's budget as submitted in February requested
$141.7 billion in emergency funding for the Department of
Defense for Operation Iraqi Freedom (OIF), Operation Enduring
Freedom (OEF), and for other purposes, including some of the
``grow the force'' costs of increasing Army and Marine Corps
active-duty personnel levels. The Concurrent Resolution on the
Budget for Fiscal Year 2008 fully funded this amount.
After the House and Senate bills had been reported, and
the Concurrent Resolution on the Budget had been adopted, the
President submitted two additional budget amendments. On July
31, 2007, the President requested an additional $5.3 billion
for Mine-Resistant Ambush Protected (MRAP) vehicles. On October
22, 2007, the President requested an additional $42.3 billion
for operations in Iraq and Afghanistan and for other purposes,
bringing the total requested for war-related purposes for
fiscal year 2008 to $189.3 billion.
The summary table and detailed tables that follow
summarize the funding requested in February, July, and October
as emergency spending for these operations, together with the
conferee's actions on these requests. Funding for Department of
Defense operations in Iraq and Afghanistan, with the exception
of funding for military construction projects to support these
operations, is included in title XV of this Act. Funding for
military construction projects in Iraq and Afghanistan is
included in title XXIX of this Act.
Explanation of Tables
Explanation of tables
The following tables provide the program-level detailed
guidance for the funding authorized in title XV of this Act.
The tables also display the funding requested by the
administration in the fiscal year 2008 budget request for war-
related programs, and indicate those programs for which the
conferees either increased or decreased the requested amounts.
Unless noted in this report, funding changes to the budget
request are made without prejudice.
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Legislative Provisions Adopted
Purpose (sec. 1501)
The House bill contained a provision (sec. 1501) that
would state the purpose of the funds provided in this title and
would also state a policy with respect to the provision of such
funds.
The Senate amendment contained a similar provision (sec.
1521).
The Senate recedes with an amendment to delete the
statement of policy.
Army procurement (sec. 1502)
The House bill contained a provision (sec. 1502) that
would authorize additional fiscal year 2008 funds for Army
procurement to support operations in Iraq and Afghanistan.
The Senate amendment contained a similar provision (sec.
1501).
The conference agreement includes this provision.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
Navy and Marine Corps procurement (sec. 1503)
The House bill contained a provision (sec. 1503) that
would authorize additional fiscal year 2008 funds for Navy and
Marine Corps procurement to support operations in Iraq and
Afghanistan.
The Senate amendment contained a similar provision (sec.
1502).
The conference agreement includes this provision.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
Air Force procurement (sec. 1504)
The House bill contained a provision (sec. 1504) that
would authorize additional fiscal year 2008 funds for Air Force
procurement to support operations in Iraq and Afghanistan.
The Senate amendment contained a similar provision (sec.
1503).
The conference agreement includes this provision.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
Joint Improvised Explosive Device Defeat Fund (sec. 1505)
The House bill contained a provision (sec. 1505) that
would authorize additional fiscal year 2008 funds for the Joint
Improvised Explosive Device Defeat Fund to support operations
in Iraq and Afghanistan.
The Senate amendment contained a similar provision (sec.
1510).
The conference agreement includes this provision.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
Defense-wide activities procurement (sec. 1506)
The House bill contained a provision (sec. 1506) that
would authorize additional fiscal year 2008 funds for defense-
wide procurement to support operations in Iraq and Afghanistan.
The Senate amendment contained a similar provision (sec.
1504).
The conference agreement includes this provision.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
Research, Development, Test, and Evaluation (sec. 1507)
The House bill contained a provision (sec. 1507) that
would authorize additional fiscal year 2008 funds for Research,
Development, Test, and Evaluation to support operations in Iraq
and Afghanistan.
The Senate amendment contained a similar provision (sec.
1505).
The conference agreement includes this provision.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
Operation and maintenance (sec. 1508)
The House bill contained a provision (sec. 1508) that
would authorize additional fiscal year 2008 funds for operation
and maintenance programs.
The Senate amendment contained a similar provision (sec.
1506).
The conference agreement includes this provision.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
Working capital funds (sec. 1509)
The House bill contained a provision (sec. 1509) that
would authorize additional fiscal year 2008 funds for Defense
Working Capital Funds and the National Defense Sealift Fund to
support operations in Iraq and Afghanistan.
The Senate amendment contained a similar provision for
working capital funds (sec. 1514) and for the National Defense
Sealift Fund (sec. 1515).
The conference agreement includes this provision.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
Other Department of Defense programs (sec. 1510)
The House bill contained a provision (sec. 1510) that
would authorize additional fiscal year 2008 funds for the
Defense Health Program, drug interdiction and counterdrug
activities, and the Inspector General to support operations in
Iraq and Afghanistan.
The Senate amendment contained similar separate
provisions (secs. 1508, 1509, and 1516) for these programs.
The conference agreement includes this provision.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
Iraq Freedom Fund (sec. 1511)
The House bill contained a provision (sec. 1511) that
would authorize additional fiscal year 2008 funds for the Iraq
Freedom Fund.
The Senate amendment contained a similar provision (sec.
1513).
The conference agreement includes this provision.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
Iraq Security Forces Fund (sec. 1512)
The House bill contained a provision (sec. 1512) that
would authorize additional fiscal year 2008 funds for the Iraq
Security Forces Fund.
The Senate amendment contained a similar provision (sec.
1511).
The House recedes with an amendment that would require
notification to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives of any contributions to this fund from foreign
governments or other outside entities.
Afghanistan Security Forces Fund (sec. 1513)
The House bill contained a provision (sec. 1513) that
would authorize additional fiscal year 2008 funds for the Iraq
Security Forces Fund.
The Senate amendment contained a similar provision (sec.
1512).
The House recedes with an amendment that would require
notification to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives of any contributions to this fund from foreign
governments or other outside entities.
Military personnel (sec. 1514)
The House bill contained a provision (sec. 1514) that
would authorize additional fiscal year 2008 funds for active
and reserve component military personnel programs to support
operations in Iraq and Afghanistan.
The Senate amendment contained a similar provision (sec.
1507).
The conference agreement includes this provision.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
[Addition in millions of dollars]
Yellow Ribbon Reintegration Program 73.0
Strategic Readiness Fund (sec. 1515)
The House bill contained a provision (sec. 1708) that
would authorize $1.0 billion for a Strategic Readiness Fund.
The Senate amendment contained no similar provision.
The Senate recedes.
Treatment as additional authorizations (sec. 1516)
The House bill contained a provision (sec. 1518) that
would state that the amounts authorized to be appropriated in
title XV of this Act are in addition to any other amounts
authorized in this Act.
The Senate amendment contained an identical provision
(sec. 1522).
The conference agreement includes this provision.
Special transfer authority (sec. 1517)
The Senate amendment included a provision (sec. 1523)
that would authorize the transfer of up to $3.5 billion of war-
related funding authorizations in this title among the accounts
in this title. This special transfer authority is in addition
to the general transfer authority contained in section 1001 of
this Act, but the same reprogramming procedures applicable to
transfers under section 1001 would also apply to transfers
under this section.
The House bill contained no similar provision.
The House recedes.
Budget Items
Army tactical radio modernization plans
The budget request included $2.3 billion in Other
Procurement, Army for single channel ground and airborne radios
(SINCGARS).
The House bill would decrease this amount by $754.0
million.
The Senate bill would decrease this amount by $375.0
million.
The conference outcome is reflected in the tables of this
report in Other Procurement, Army, line 34.
The conferees strongly support the goal of providing more
communications capability to all echelons of the Army. Based on
current operational experience, it is clear to the conferees
that in order to maintain the Army's current dominance in land
warfare, the Army must significantly increase its tactical
communications capability.
While the conferees are supportive of the overall effort
to improve Army communications and properly equip near-term
deploying units, the conferees believe that the Army's long-
term tactical modernization plan lacks sufficient analysis of
future Army communications needs, is not synchronized with
other Army and Department of Defense programs, and does not
account for future Army modernization funding projections.
Specifically, the conferees are concerned that the Army's
continued desire to procure thousands more SINCGARS radios is
not consistent with the Army's plan for a future battlefield
network that requires: dramatic increases in bandwidth for data
transmission; significantly better network security; more
flexible systems that can operate across a wider electronic
spectrum; and systems that increase joint and coalition
interoperability.
In addition, the conferees note that the Army continues
to request funding for SINCGARS radios in spite of an Army
Science Board study that recommended the Army stop SINCGARS
procurement and that the Army cannot execute the full amount of
SINCGARS funding requested due to limited production capacity.
Further, the conferees are concerned that the Army's plans for
continued SINCGARS radio procurement do not fully address the
National Security Agency's goals for encryption modernization
and are inconsistent with the Marine Corps decision to cease
procurement of SINCGARS radios.
The conferees also believe that the Army's plan to
acquire additional legacy tactical radios is not aligned with
the goals of the Joint Tactical Radio System (JTRS) program.
The conferees are concerned that the acquisition of thousands
more SINCGARS radios will seriously undermine the Army's
investment in the JTRS program. By reducing its future demand
for the more capable JTRS radio, the Army will significantly
increase the unit cost of JTRS systems for the Army and other
services. Finally, the conferees note that the Army's plan to
continue procurement of thousands of SINCGARS radios will
impede efforts of the JTRS program to move the military
services toward a standards-based acquisition model for
tactical radios that encourages competition and avoids sole-
source production dependency.
The conferees urge the Army and the Assistant Secretary
of Defense for Networks and Information Integration (ASD(NII))
to reexamine the Army's current tactical radio modernization
plan. Specifically, the conferees strongly encourage the Army
and ASD (NII) to develop a strategy for tactical radio
modernization that focuses on the future. The conferees
strongly support continued research and development investments
in the JTRS program. However, the conferees understand that
JTRS will not be available in large numbers for several more
years and that the Army's plan for procurement of JTRS radios
is not fully defined.
In the interim, the conferees agree that the Army should
invest in a limited number of tactical radio systems that meet
JTRS Software Communications Architecture (SCA) standards, and
provide improvements in bandwidth capacity, programmable
encryption, spectrum flexibility, and interoperability
necessary for the Army to realize its future battlefield
network plan. The conferees believe that over-investment in
legacy systems will not give the Army flexibility to properly
integrate JTRS radios and build its future network. If the Army
procures any additional legacy radio systems prior to the
fielding of the JTRS radio, it should only procure the minimum
number needed to fill urgent short-term needs for deploying
units. As it makes these limited investments, the conferees
encourage the Army to avoid new or extended, long-term sole-
source tactical radio procurement contracts that may limit the
Army's options in the future.
Blast injury research
Blast injury from improvised explosive devices (IEDs)
continues to be the most significant cause of American
casualties in Iraq. The conferees are concerned that the
Department of Defense has not appropriately allocated resources
provided for the defeat of IEDs to the full range of efforts
necessary to defeat the IED threat, including much needed
research and training on the prevention, mitigation, and
treatment of blast injuries. Section 256 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163) established a Department of Defense-wide program to
prevent, mitigate, and treat blast injuries. The conferees
expect that the Joint Improvised Explosive Device Defeat Office
(JIEDDO), in accordance with the 2006 Act, will be a partner in
the Department-wide efforts to coordinate, manage, and fund
research efforts for medical blast research.
To support these efforts, the conferees direct that
JIEDDO fund, through interagency transfer of resources as
appropriate, blast-related research, training, and programmatic
activities which have been identified as high priorities by the
DOD executive agent and the centers of excellence established
under section 1621 of this Act, at a level of not less than
$50.0 million in fiscal year 2008. These include, but are not
limited to: research and development of diagnostics, training,
and treatment for traumatic brain injury and post-traumatic
stress disorder; collection, storage, and integration of
operational, medical, and protective equipment performance data
associated with wounding and non-wounding events; body surface
wound mapping for investigation of wounding patterns to be
included in body armor design; research and training to prevent
traumatic eye injury and cranial-facial injury; research to
enhance prevention, healing, and quality of life relating to
burns; advanced prosthetics; and enhanced research on
hemorrhage control.
Further, the conferees direct JIEDDO to report to the
congressional defense committees on the actions taken,
including funding, to fulfill these requirements, no later than
March 1, 2008.
Grow the force transfer
The budget request for the global war on terror included
$689.4 million in Operation and Maintenance, Army (OMA) to fund
the planned growth of the Army's end strength for fiscal year
2008.
The House bill would authorize $689.4 million in OMA of
title XV.
The Senate amendment would authorize $689.4 million in
OMA of title III.
The conferees agree to authorize $689.4 for growth of the
Army's end strength in OMA of title XV of this Act.
Items of Special Interest
Reactive armor for EFP protection
The amended budget request for the war-related budget
includes $27.5 million in PE 62618A for ballistics technology.
Of that amount, $20.0 million is for development of armor
capable of countering explosively formed projectiles (EFPs).
The conferees understand that reactive armor technology
may provide an effective solution at lower weight than existing
designs. Furthermore, modeling and design tools are available
that would allow a candidate reactive armor system to be
designed and evaluated rapidly, followed by fabrication and
testing. The conferees direct that the Under Secretary of
Defense for Acquisition, Technology, and Logistics (USD(AT&L))
ensure that the Army and the Joint Improvised Explosive Defeat
Organization conduct a robust technology analysis as rapidly as
possible to determine whether reactive armor would provide
superior protection against EFPs and to determine the potential
for weight reduction with a longer-term effort to optimize the
reactive armor system. The conferees direct the USD(AT&L) to
inform the congressional defense committees by letter within 60
days of enactment of this Act of his findings and plans on this
matter.
Legislative Provision Not Adopted
Improvised explosive device protection for military vehicles
The Senate amendment contained a provision (sec. 1543)
that would authorize $23.6 billion for the procurement of mine
resistant ambush protected military vehicles.
The House bill contained no similar provision.
The Senate recedes.
The conference outcome is reflected in the tables of this
report in Other Procurement, Army, line 9a.
Reports on mitigation of effects of explosively formed projectiles and
mines
The Senate amendment contained a provision (sec. 1517)
that would require the Secretary of Defense to submit to the
congressional defense committees reports on four items: (1)
explosively formed projectiles (EFPs); (2) Mine Resistant
Ambush Protected (MRAP) vehicles; (3) tactical wheeled vehicle
strategy; and (4) long-term armoring strategy.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Under Secretary of Defense for
Acquisition, Technology, and Logistics to report to the
congressional defense committees no later than 120 days after
enactment of this Act, on the following items: (1) a plan for
improving capabilities to mitigate the effects of EFPs; (2)
plans for armor upgrades, and their impact on system
performance and sustainment; (3) the impact of the MRAP vehicle
program on the current acquisition strategies and procurement
plans of the Army and Marine Corps for the tactical wheeled
vehicle fleet, including inventory mix, overall sustainment
cost, and logistical and industrial base issues; and (4) plans
for the Joint Light Tactical Vehicle program, including an
assessment of the continued validity of previously adopted key
performance parameters.
The conferees note that the MRAP has been designated the
Department's highest acquisition priority by the Secretary of
Defense. The conferees believe this designation is appropriate
and will continue to work with the Department to ensure this
critical force protection program is adequately funded. The
conferees urge the Department to protect to the maximum extent
possible the current engineering and technology of the MRAP
vehicle, as well as subsequent improvements to the
survivability of MRAP vehicles. Further, the conferees note
that the MRAP is not the final solution to combat the
improvised explosive devices and other asymmetric threats to
tactical vehicles faced by the warfighter in Iraq and
Afghanistan, and the conferees urge the Department to be ready
to respond quickly as these threats evolve.
TITLE XVI--WOUNDED WARRIOR MATTERS
Wounded Warrior Act--Overview
``The willingness with which our young people are likely
to serve in any war, no matter how justified, shall be directly
proportional as to how they perceive the Veterans of earlier
wars were treated and appreciated by their country.''--General
and President George Washington 1789
In fulfillment of President Washington's vision, American
soldiers, sailors, airmen, and marines receive the finest
medical care available in the world. Through advances in
medicine and battlefield care, the U.S. military has achieved
the lowest war mortality rate in history in Operation Iraqi
Freedom and Operation Enduring Freedom. An Independent Review
Group appointed by Secretary of Defense Robert Gates to
investigate inadequacies at Walter Reed Army Medical Center in
February 2007 confirmed that, ``. . . the evolution of rapid
joint battlefield medical response, rapid evacuation with
intensive care, quality air transportation, and unsurpassed
trauma care have yielded unprecedented survival rates for our
combat forces.''
Yet despite this remarkable record of accomplishment,
reports beginning on February 18, 2007 by the Washington Post
illuminated inadequacies and failures at Walter Reed Army
Medical Center. Subsequent independent investigations and
hearings by congressional committees revealed the need for
system-wide improvements in outpatient care, transition of
recovering service members between the Department of Defense
and Department of Veterans Affairs health care systems, and
performance of the Departments' physical disability evaluation
systems. In addition, as a consequence of improved battlefield
care, increasing numbers of service members are surviving with
complex, multiple injuries, traumatic brain injury, post-
traumatic stress disorder, and other mental health conditions.
Following the revelations at Walter Reed, both the House
of Representatives and the Senate adopted bills to improve the
management of medical care, disability evaluations, personnel
actions, and quality of life for members of the armed forces
recovering from illness or injury received during the war. On
March 28, 2007, the House of Representatives adopted the
``Wounded Warrior Assistance Act of 2007''. The Senate adopted
the ``Dignified Treatment of Wounded Warriors Act'' on July 25,
2007.
This conference report includes provisions from each
bill. Taken as a whole, it advances the care, management, and
transition of recovering service members, enhances health care
and benefits for families, and begins the process of
fundamental reform of the Department of Defense and Department
of Veterans Affairs disability evaluation systems. The
conference report is the result of bipartisan efforts in the
Senate and the House of Representatives by both the Committees
on Armed Services and the Committees on Veterans Affairs. It
also includes, in particular, many recommendations of the
President's Commission on Care for America's Returning Wounded
Warriors.
In completing its work on the National Defense
Authorization Act for 2008, the conferees express deep
gratitude to U.S. service members and their families for their
sacrifice and courage in service to their country. We are
grateful for the work of outstanding medical personnel whose
skill and dedication have saved or prolonged the lives of more
than 30,000 service members who, as of this date, have
benefitted from their care.
The conferees acknowledge that additional work remains to
be done in order to achieve permanent improvements for wounded
and ill service members. The conferees are committed to
continued progress toward that goal, through oversight of
actions now underway within the executive branch, consideration
of findings of public and independent organizations, dialogue
with recovering service members and their families, and
enactment of additional laws as they are needed.
Together with all who share the goal of improving care
for ill and injured service members and veterans, we will work
to achieve the vision of our Nation's founders--to manifest not
only appreciation and gratitude toward those who have borne the
battle, but also to provide the highest quality care to U.S.
service members and their families.
Short title (sec. 1601)
The Senate amendment contained a provision (sec. 1601)
that would provide that this title may be cited as the
``Dignified Treatment of Wounded Warriors Act''.
The House bill contained no similar provision.
The House recedes with an amendment that would provide
that this title may be cited as the ``Wounded Warrior Act''.
General definitions (sec. 1602)
The House bill contained a provision (sec 1401) that
would define terms used in the title on wounded warrior
assistance.
The Senate amendment contained a provision (sec. 1602)
that would define the terms used in the Dignified Treatment of
Wounded Warriors Act.
The House recedes with an amendment that would define
terms used in the Wounded Warrior Act.
Consideration of gender-specific needs of recovering service members
and veterans (sec. 1603)
The Senate amendment contained a provision (sec. 1612)
that would require the Secretary of Defense and the Secretary
of Veterans Affairs to take into account and fully address any
unique specific needs of women members of the armed forces and
women veterans in developing and implementing a comprehensive
policy on care, management, and transition of members of the
armed forces with serious injuries or illnesses.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense and the Secretary of Veterans Affairs
to take into account and fully address any unique gender-
specific needs of recovering service members and veterans when
developing and implementing the policy required by the Wounded
Warrior Act.
Subtitle A--Policy on Improvements to Care, Management, and Transition
of Recovering Service Members
Comprehensive policy on improvements to care, management, and
transition of recovering service members (sec. 1611)
The House bill contained a series of provisions that
would make improvements to medical and dental care for members
of the armed forces assigned to hospitals in an outpatient
basis.
The House bill contained a provision (sec. 1411) that
would amend chapter 55 of title 10, United States Code, to
establish requirements for the duties, training, supervision,
and workload of medical care case managers and service member
advocates. The provision would also require the secretary
concerned to conduct semiannual surveys of members in an
outpatient status.
The House bill contained a provision (sec. 1418) that
would require the Secretary of Defense to report to appropriate
congressional committees on recommendations to improve training
provided to health care professionals, medical care case
managers, and service member advocates, in particular to ensure
that such personnel were adequately trained to detect the early
warning signs of post-traumatic stress disorder, suicidal or
homicidal thoughts or behaviors, and other behavioral health
conditions. The provision would require an annual review of
such training, and development of a system to track any
notifications made by care managers regarding the early warning
signs of post-traumatic stress disorder.
The House bill contained a provision (sec. 1424) that
would require the Secretary of Defense to expand the
opportunities for recovering service members of the reserve
components in an outpatient status to receive care at a
military treatment facility closest to the member's home,
rather than closest to the base from which the member was
deployed.
The House bill contained a provision (sec. 1437) that
would require the Secretary of Defense to conduct a study on
the feasibility of developing a joint soldier patient tracking
system that would provide transparency at all times on the
location and status of recovering service members.
The House bill contained a provision (sec. 1439) that
would require the Secretary of Defense to conduct a study on
the feasibility of measuring family members' satisfaction with
health care services.
The Senate amendment contained a provision (sec. 1611)
that would require the Secretary of Defense and the Secretary
of Veterans Affairs to develop and implement, by January 1,
2008, a comprehensive policy on the care, management, and
transition of members of the armed forces with serious injuries
or illnesses. The provision would require that the policy
address detailed requirements concerning: (1) the care and
management of covered service members in a medical hold status
or on the temporary disability retired list (including specific
standards for access to medical care services); (2) the medical
evaluation and disability evaluation systems for severely
injured and ill service members; (3) the return of recovered
service members to active duty when appropriate; and (4) the
transition of service members from the Department of Defense to
the Department of Veterans Affairs.
The provision also would require that the Secretaries
complete a review of all applicable policies and procedures of
the Departments to identify potential shortfalls in those
policies, and to consider the findings and recommendations of
numerous commissions established to examine Department of
Defense and veterans health care and compensation. The
provision also would require a report on any reduction in
disability ratings by the Department of Defense.
The Senate amendment contained a provision (sec. 257)
that would require a study of a standard soldier tracking
system in conjunction with pilot projects to be conducted to
improve the disability evaluation systems of the Departments of
Defense and Veterans Affairs.
The Senate amendment contained a provision (sec. 705)
that would express the sense of the Senate that the Department
of Defense should encourage continuing collaboration between
the Army and the Department of Veterans Affairs in treating
America's wounded warriors and, when appropriate and available,
provide additional support and resources for the development of
such collaborations.
The conference agreement includes a provision that would
integrate these provisions into a single requirement to develop
and implement a comprehensive policy by July 1, 2008, on
improvements to the care, management, and transition of
recovering service members. The agreement would add a
requirement for recovery plans and recovery coordinators, and
require the Secretary of Defense to establish maximum workload
amounts for recovery coordinators, medical and non-medical care
managers, and minimum standards for access to health care
services. The conference agreement would also add a requirement
for policy on the relocation of any military personnel found to
be housed in substandard outpatient facilities. Other areas
included in the conference report would require procedures for
referral of recovering service members to appropriate public
and private entities for needed health care services, and care
and job placement services for family members of recovering
service members. The conference agreement would authorize the
Secretary of Defense to apply policies for the care,
management, and transition of members on the temporary
disability retired list to those members as the Secretary deems
appropriate.
The conferees acknowledge that the Secretaries of Defense
and Veterans Affairs have established a Senior Oversight
Committee and specific subgroups to address many of the policy
improvements required by this section. The conferees intend
that the improvements identified be established in consistent
policies throughout the Department of Defense, and to the
extent feasible, with the Department of Veterans Affairs. The
conferees intend that this policy will be established and
implemented in the near future, and expect that it will be
periodically updated as best practices and improved approaches
are discovered.
The conferees direct that the Secretary of Defense
provide a report to the Committees on Armed Services of the
Senate and the House of Representatives within 30 days of
enactment of this Act, and every 90 days thereafter, which
describes:
(1) the standards for maximum case workloads for
recovery coordinators, and medical and non-medical
managers which are in effect for recovering service
members;
(2) the standards in effect for the frequency of
periodic face-to-face reviews of the medical status of
recovering service members;
(3) the standards in effect setting forth minimum
periods of time for access to health care services for
recovering service members;
(4) the performance of the Department in
maintaining all such standards; and
(5) any deviation from the standard and the reasons
for such deviation.
The conferees will closely monitor the performance of the
Departments in achieving improvements in policy and practices
related to recovering service members and will take into
consideration such performance in development of future
legislative requirements.
Medical evaluations and physical disability evaluations of recovering
service members (sec. 1612)
The House bill contained a provision (sec. 1415) that
would add a requirement to section 1222 of title 10, United
States Code, to require the secretary of each military
department to appoint an independent medical advocate for
members before a medical evaluation board to serve as an
advocate for the best interests of the member and to advise the
member regarding the member's medical condition and
recommendations of the medical evaluation board.
The House bill contained a provision (sec. 1416) that
would amend section 1222 of title 10, United States Code, to
require the Secretary of Defense to establish the maximum
workload that could be assigned to physical evaluation board
liaison officers, and would require a standardized training
program for such officers.
The House bill contained a provision (sec. 1417) that
would amend section 1216 of title 10, United States Code, to
require the Secretary of Defense to establish a standardized
training program and curriculum for the Department's disability
evaluation system for commanders, enlisted members, health care
professionals, and others involved in the disability evaluation
system.
The House bill contained a provision (sec. 1433) that
would require the Secretary of Defense and the Secretary of
Veterans Affairs to conduct a joint evaluation of the
disability evaluation systems used by the Departments in order
to improve the consistency of the two systems, and to evaluate
the feasibility of consolidating them into a single system.
The Senate amendment contained a provision (sec.
1611(d)(2)) that would require that the comprehensive policy on
the care and management of covered members provide processes,
procedures, and standards for medical evaluations and physical
disability evaluations of covered service members.
The House recedes with an amendment that would require
the Secretary of Defense to develop a policy on: improvements
for the conduct by the military departments of medical
evaluations of recovering service members that include uniform
processes; standard criteria and definitions for determining
achievement of the maximum medical benefit from treatment and
rehabilitation; standard timelines for determinations of
fitness for duty, specialty care consultations, preparation of
medical documents, and appeals of medical evaluation
determinations; review of the findings and recommendations of
the medical evaluation board upon request of the member by a
health care professional independent of the medical evaluation
board; standards for qualifications and training of medical
evaluation board personnel; and standards for information for
recovering service members and their families on the medical
evaluation board process.
The amendment would require a similar policy on
improvements for the conduct of physical disability evaluations
that include: a clearly defined process for disability
determinations; procedures to eliminate unacceptable
discrepancies and improve consistency of disability ratings;
uniform timelines for appeals of disability determinations;
uniform standards for qualifications and training of physical
disability evaluation board personnel; uniform standards for
the number of cases pending before a disability evaluation
board; uniform standards and procedures for provision of legal
counsel to recovering service members; and uniform standards on
the roles and responsibilities of non-medical care managers.
The amendment would also require the Secretary of Defense and
the Secretary of Veterans Affairs to report to Congress on the
feasibility and advisability of consolidating the disability
evaluation systems of the military departments and of the
Department of Veterans Affairs into a single disability
evaluation system.
Return of recovering service members to active duty in the Armed Forces
(sec. 1613)
The Senate amendment contained a provision (sec.
1611(d)(2)(C)) that would require that the comprehensive policy
on the care and management of covered members provide standards
for determinations by the military departments on the return of
covered service members to active duty.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Transition of recovering service members from care and treatment
through the Department of Defense to care, treatment, and
rehabilitation through the Department of Veterans Affairs (sec.
1614)
The House bill contained a provision (sec. 1421) that
would amend chapter 58 of title 10, United States Code, to
require the Secretary of Defense to provide each service member
being separated or retired for physical disability with a
written plan for transition to programs operated by the
Department of Veterans Affairs. The provision would amend
section 1145 of title 10, United States Code, to require
establishment of a joint separation and evaluation physical
examination for use by both Departments, and would require
establishment and implementation of a process to ensure an
interoperable, bi-directional, real time exchange of critical
medical information.
The Senate amendment contained a provision (sec. 685)
that would require the Secretary of Defense and the Secretary
of Veterans Affairs to submit to Congress a plan to maximize
access to the benefits delivery at discharge program for
members of the reserve components who have been ordered to
active duty since September 11, 2001.
The Senate amendment contained a provision (sec. 1032)
that would require the Secretary of Defense to provide for each
service member separating from the armed forces or who detaches
from the member's regular unit while awaiting medical
separation or retirement, upon the request of the member, the
address and other appropriate contact information of the member
to the State veterans agency in the State in which the member
will first reside after separation or the State in which the
member resides while awaiting medical separation or retirement.
The Senate amendment contained a provision (sec.
1611(d)(2)(D)) that would require that the comprehensive policy
on the care and management of covered service members provide
processes, procedures, and standards for the transition of
covered service members from care and treatment by the
Department of Defense to care and treatment by the Department
of Veterans Affairs before, during, and after separation from
the armed forces.
The Senate amendment also contained a provision (sec.
1662) that would require the Secretary of Defense and the
Secretary of Veterans Affairs to jointly develop and implement
a mechanism to provide for the electronic transfer from the
Department of Defense to the Department of Veterans Affairs of
any Department of Defense documents (including Department of
Defense form DD 214) necessary to establish or support the
eligibility of a service member for benefits administered by
the Department of Veterans Affairs.
The House recedes with an amendment that would require
the Secretary of Defense and the Secretary of Veterans Affairs
to jointly develop and implement processes, procedures, and
standards for the transition of recovering service members from
care and treatment through the Department of Defense to care,
treatment, and rehabilitation through the Department of
Veterans Affairs. These processes, procedures, and standards
would require the provision for the electronic transfer of
documents and the member's address and contact information to
the Department of Veterans Affairs.
Reports (sec. 1615)
The Senate amendment contained a provision (sec. 1611(e))
that would require the Secretary of Defense and the Secretary
of Veterans Affairs to jointly submit to Congress a report on
the comprehensive policy on the care and management of covered
service members not later than January 1, 2008.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense and the Secretary of Veterans Affairs
to jointly submit to the appropriate committees of Congress a
report on the comprehensive policy upon completion of the
policy, but not later than July 1, 2008, and an interim report
not later than February 1, 2008. The amendment would also
require the Comptroller General of the United States to submit
to the appropriate committees of Congress not later than 6
months after the date of enactment of this Act, and every year
thereafter through 2010, a report setting forth the Comptroller
General's assessment of the progress of the Secretary of
Defense and the Secretary of Veterans Affairs in developing and
implementing the policy.
Establishment of a wounded warrior resource center (sec. 1616)
The House bill contained a provision (sec. 1412) that
would establish a Department of Defense-wide Ombudsman Office
within the office of the Secretary of Defense to provide policy
guidance to, and oversight of, the ombudsman offices in the
military departments.
The House bill also contained a provision (sec. 1413)
that would amend chapter 80 of title 10, United States Code, to
require the Secretary of Defense to establish and maintain a
toll-free hot line to collect, maintain, and update information
regarding possible deficiencies in the adequacy, quality, and
state of repair of medical-related support facilities.
The Senate amendment contained a provision (sec. 1611
(d)(1)(Q)) that would require the Secretary of Defense to
include establishment of a Department of Defense-wide Ombudsman
Office within a comprehensive policy on responsibility for
members in a medical hold status.
The Senate recedes with an amendment that would require
the Secretary of Defense to establish a wounded warrior
resource center to provide wounded warriors, their families,
and their primary caregivers with a single point of contact for
assistance with reporting deficiencies in certain military
facilities, obtaining health care services, receiving benefits
information, and any other difficulties encountered while
supporting wounded warriors. The center would provide multiple
methods of access, including at a minimum an Internet website
and a toll-free telephone number. Individuals who provide
information to the center would be informed of their option to
have their identity remain confidential.
The conferences intend that the resources of the Wounded
Warrior Resource Center shall also be available to residents of
the Armed Forces Retirement Home.
Notification to Congress of hospitalization of combat wounded service
members (sec. 1617)
The House bill contained a provision (sec. 1414) that
would amend chapter 55 of title 10, United States Code, to
require the service secretaries, if the member consents, to
notify appropriate members of Congress of the hospitalization
of any member of the armed forces evacuated from a theater of
combat.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
notification to appropriate members of Congress of the
hospitalization of any member of the armed forces evacuated
from a theater of combat and admitted to a military treatment
facility within the United States.
Comprehensive plan on prevention, diagnosis, mitigation, treatment, and
rehabilitation of, and research on, traumatic brain injury,
post-traumatic stress disorder, and other mental health
conditions in members of the armed forces (sec. 1618)
The House bill contained a provision (sec. 1425) that
would require the Secretary of Defense to develop a plan to
incorporate into training, combat theater operations, and post-
deployment service evidence-based preventive and early-
intervention measures, practices, or procedures that reduce the
likelihood that personnel in combat will develop post-traumatic
stress disorder (PTSD) or other stress-related
psychopathologies.
The Senate amendment contained a provision (sec. 1631)
that would require the Secretary of Defense, in consultation
with the Secretary of Veterans Affairs, to submit to the
congressional defense committees comprehensive plans for
programs and activities of the Department of Defense to
prevent, diagnose, mitigate, treat, and otherwise respond to
traumatic brain injury and PTSD in members of the armed forces.
The House recedes with a clarifying amendment that would
include in the plan a requirement to incorporate into training,
combat theater operations, and post-deployment service
evidence-based preventive and early-intervention measures,
practices, or procedures that reduce the likelihood that
personnel in combat will develop PTSD or other stress-related
conditions.
Subtitle B--Centers of Excellence in the Prevention, Diagnosis,
Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury,
Post-Traumatic Stress Disorder, and Eye Injuries
Center of excellence in the prevention, diagnosis, mitigation,
treatment, and rehabilitation of traumatic brain injury (sec.
1621)
The Senate amendment contained a provision (sec. 1633(a))
that would require the Secretary of Defense to establish a
center of excellence in the prevention, diagnosis, mitigation,
treatment, and rehabilitation of traumatic brain injury (TBI),
including mild, moderate, and severe TBI. The amendment would
ensure collaboration to the maximum extent practicable with the
Department of Veterans Affairs and other appropriate public and
private entities.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
that the center would be responsible for implementation of the
elements of the comprehensive plan required by section 1631 of
this Act that relate to traumatic brain injury.
Center of excellence in prevention, diagnosis, mitigation, treatment,
and rehabilitation of post-traumatic stress disorder and other
mental health conditions (sec. 1622)
The Senate amendment contained a provision (sec. 1633(b))
that would require the Secretary of Defense to establish a
center of excellence in the prevention, diagnosis, mitigation,
treatment, and rehabilitation of post-traumatic stress disorder
(PTSD), including mild, moderate, and severe PTSD. The
amendment would require collaboration with the National Center
for Post-Traumatic Stress Disorder of the Department of
Veterans Affairs, institutions of higher learning, and other
appropriate public and private entities.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
that the center shall also address other mental health
conditions and would be responsible for implementation of
elements of the comprehensive plan required by section 1631 of
this Act that relate to PTSD and other mental health
conditions.
Center of excellence in prevention, diagnosis, mitigation, treatment,
and rehabilitation of military eye injuries (sec. 1623)
The Senate amendment contained a provision (sec. 710)
that would require the Secretary of Defense to establish a
center of excellence in the prevention, diagnosis, mitigation,
treatment, and rehabilitation of military eye injuries. The
amendment would require collaboration with the Department of
Veterans Affairs and establishment of a military eye injury
registry.
The House bill contained no similar provision.
The House recedes with several clarifying amendments.
Report on establishment of centers of excellence (sec. 1624)
The Senate amendment contained two provisions (secs. 710
and 1633) that would require the Secretary of Defense to
establish centers of excellence for traumatic brain injury,
post-traumatic stress disorder, and military eye injuries.
The House bill contained no similar provisions.
The House recedes with an amendment that would require
the Secretary of Defense to submit a report to Congress no
later than 180 days after the date of enactment of this Act on
the establishment of the centers of excellence as required
elsewhere in this conference report.
Subtitle C--Health Care Matters
Medical care and other benefits for members and former members of the
armed forces with severe injuries or illnesses (sec. 1631)
The Senate amendment contained a provision (sec. 1621)
that would authorize medical benefits equivalent to those
available to members on active duty for members and former
members of the armed forces with severe injuries or illnesses
and who may also be eligible for health and disability benefits
from the Department of Veterans Affairs (VA) during the 3 years
from the date of injury or illness or date of enactment of this
Act, whichever is later. The amendment would also authorize a
service member with a severe injury or illness to receive
rehabilitation and vocational benefits from the VA in the same
manner that the Secretary of Veterans Affairs provides medical
care to members of the armed forces receiving care in medical
facilities of the VA.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the Secretary of Defense to provide any former service member
with a severe injury or illness the same medical and dental
care as an active duty service member when such care is not
reasonably available from the VA. The amendment would also
authorize a member of the armed forces with a severe injury or
illness to receive benefits (including rehabilitation and
vocational benefits, but not compensation) from the VA. Both
authorities would expire on December 31, 2012.
Senior Department of Defense officials have acknowledged
that the health care benefit for service members on active duty
includes limited health care benefits that are not available to
service members in a retired status. This has created an
incentive for some seriously wounded service members to remain
on active duty solely for the increased medical benefit. The
conferees intend that this provision would be implemented by
the Secretary of Defense in a manner that will ensure that
severely wounded or ill service members who are medically
retired experience no gap in health care coverage due to lack
of reasonably available capacity of the Veterans Health
Administration or any limitation in current health care
benefits required by the member.
Reimbursement of travel expenses of retired members with combat-related
disabilities for follow-on specialty care, services, and
supplies (sec. 1632)
The Senate amendment contained a provision (sec. 1622)
that would require the Secretary of Defense to provide
reimbursement for reasonable travel expenses for follow-on
specialty care at a military treatment facility more than 100
miles from where the member resides for a service member and
any eligible accompanying family member when the member has
incurred a combat-related disability and is entitled to retired
or retainer pay, or equivalent pay.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary to implement an outreach program for such members
in order to ensure that eligible members are medically
monitored and receiving travel reimbursement for specialty care
when necessary.
Respite care and other extended care benefits for members of the
uniformed services who incur a serious injury or illness on
active duty (sec. 1633)
The Senate amendment contained a provision (sec. 1627)
that would amend section 1079(d) of title 10, United States
Code, to provide that the program of extended benefits would
include extended benefits, including respite care, for the
primary caregivers of members of the uniformed services who
incur a serious injury or illness on active duty.
The House bill contained no similar provision.
The House recedes with an amendment that would amend
section 1074(c) of title 10, United States Code, to authorize
extended benefits to members of the uniformed services who
incur a serious injury or illness on active duty in a manner
consistent with extended health care benefits authorized for
eligible dependents in sections 1079(d) and (c) of title 10,
United States Code.
Reports (sec. 1634)
The Senate amendment contained a provision (sec. 1636)
that would require the Secretary of Defense, not later than 90
days after the date of enactment of this Act, to submit to the
congressional defense committees a report describing the
progress in completing studies and reports on: (1) a
longitudinal study on traumatic brain injury incurred by
members of the armed forces in Operation Iraqi Freedom and
Operation Enduring Freedom; (2) enhanced mental health
screening and services for members of the armed forces; and (3)
pilot projects on early diagnosis and treatment of post-
traumatic stress disorder and other mental health conditions.
The provision would also require annual reports on expenditures
for activities on traumatic brain injury and post-traumatic
stress disorder.
The House bill contained no similar provision.
The House recedes with an amendment that would require a
report on the longitudinal study on traumatic brain injury and
the pilot projects on early diagnosis and treatment of post-
traumatic stress disorder and other mental health conditions,
and would require annual reports on expenditures for activities
on traumatic brain injury and post-traumatic stress disorder.
Fully interoperable electronic personal health information for the
Department of Defense and Department of Veterans Affairs (sec.
1635)
The House bill contained a provision (sec. 1421(c)) that
would require the Secretary of Defense and the Secretary of
Veterans Affairs to jointly establish and implement a process
to ensure an interoperable, bi-directional, real-time exchange
of critical medical information.
The Senate amendment contained a provision (sec. 1641)
that would require the Secretary of Defense and the Secretary
of Veterans Affairs to jointly develop and implement a joint
electronic health record and accelerate the exchange of health
care information between the Department of Defense and the
Department of Veterans Affairs. The amendment would also
establish a Department of Defense-Department of Veterans
Affairs interagency program office for a joint electronic
health record.
The House recedes with an amendment that would require
the Secretary of Defense and the Secretary of Veterans Affairs
to jointly develop and implement electronic health record
systems or capabilities that would allow for full
interoperability of personal health care information between
the Department of Defense and the Department of Veterans
Affairs, and would modify elements of the Department of
Defense-Department of Veterans Affairs interagency program
office.
Enhanced personnel authorities for the Department of Defense for health
care professionals for care and treatment of wounded and
injured members of the armed forces (sec. 1636)
The Senate amendment contained a provision (sec. 1642)
that would amend section 1599c of title 10, United States Code,
to authorize the Secretary of Defense to exercise any authority
for the appointment and pay of health care personnel under
chapter 74 of title 38, United States Code, for purposes of
recruitment, employment, and retention of civilian health care
professionals for the Department of Defense, and to require the
service secretaries to develop and implement a strategy to
disseminate the authorities and best practices for the
recruitment of medical and health professionals.
The House bill contained no similar provision.
The House recedes with an amendment that would terminate
the authority of the Secretary of Defense to exercise the
authorities available under chapter 74 of title 38 on September
30, 2010.
Continuation of transitional health benefits for members of the armed
forces pending resolution of service-related medical conditions
(sec. 1637)
The Senate amendment contained a provision (sec. 716)
that would authorize a service member entitled to transitional
health care benefits under section 1145 of title 10, United
States Code, to receive medical and dental care for a specific
medical condition related to the member's military service as
if the member were an active duty member until the condition is
resolved.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the service-related medical condition to be identified during
the member's 6-month transition period, and would provide
health care for such condition as if the member were still on
active duty for 6 months following the diagnosis of the
condition.
Subtitle D--Disability Matters
Utilization of veterans' presumption of sound condition in establishing
eligibility of members of the armed forces for retirement for
disability (sec. 1641)
The Senate amendment contained a provision (sec. 1651)
that would amend sections 1201 and 1203 of title 10, United
States Code, to establish a presumption that a disability is
incurred while on active duty for a service member with 6
months or more of active military service whose disability was
not noted at the time of the member's entrance on active duty,
unless compelling evidence or medical judgment is such to
warrant a finding that the disability existed before the
member's entrance on active duty.
The House bill contained no similar provision.
The House recedes.
The conferees note that section 1207a of title 10, United
States Code, which provides that disabilities of service
members with at least 8 years of active service will be deemed
to have been incurred while on active duty, remains in effect.
Requirements and limitations on Department of Defense determinations of
disability with respect to members of the armed forces (sec.
1642)
The Senate amendment contained a provision (sec. 1652)
that would amend chapter 61 of title 10, United States Code, to
require the Secretary of Defense to utilize, to the extent
feasible, the schedule for rating disabilities in use by the
Department of Veterans Affairs, including any applicable
interpretation of the schedule by the United States Court for
Veterans Claims and would require the Secretary, when making a
determination of a disability rating, to take into account all
medical conditions, whether individually or collectively, that
render a member unfit to perform the duties of the member's
office, grade, rank, or rating.
The House bill contained no similar provision.
The House recedes.
Review of separation of members of the armed forces separated from
service with a disability rating of 20 percent disabled or less
(sec. 1643)
The Senate amendment contained a provision (sec. 1653)
that would amend chapter 79 of title 10, United States Code, to
require the Secretary of Defense to establish a board to review
the cases of former service members who were separated with
disability ratings of 20 percent or less and to authorize the
secretary concerned to correct the military records of the
former member in accordance with the recommendation of the
board.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the board to notify the former member, or the former member's
surviving spouse, next of kin, or legal representative, that
consideration of the former member's case by the board, whether
in response to a request or self-generated by the board, will
preclude further consideration of the former member's case by
the Board for Correction of Military Records.
The conferees believe that the recommendation of the
Veterans' Disability Benefits Commission in its report of
October 3, 2007, to reassess the ratings of service members who
were discharged as unfit but given low ratings should be
implemented. The Commission's analysis of service disability
ratings from 2000 to 2006 set forth in chapter V of its report
reflected disturbing and ``counterintuitive'' differences
between the Army and Marine Corps and the Navy and Air Force
that must be addressed. The conferees expect the Secretary of
Defense to ensure that cases before the Physical Disability
Board of Review receive equitable ratings as recommended by the
Commission.
Authorization of pilot programs to improve disability evaluation system
for members of the armed forces (sec. 1644)
The Senate amendment contained a provision (sec. 1654)
that would require the Secretary of Defense to carry out three
pilot programs and authorize the Secretary to carry out
additional pilot programs with respect to the disability
evaluation system of the Department of Defense (DOD). The
required pilot programs would include use of a disability
rating assigned by the Department of Veterans Affairs (VA), use
of a joint DOD/VA assigned disability rating, and use of a
single Internet Web site for the DOD disability system.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the Secretary of Defense to establish and conduct pilot
programs with respect to the disability evaluation system of
the Department of Defense for the evaluation of the
disabilities of members of the armed forces who are being
separated or retired from the armed forces for disability under
chapter 61, United States Code.
Reports on Army Medical Action Plan in response to deficiencies in the
Army physical disability evaluation system (sec. 1645)
The Senate amendment contained a provision (sec. 1655)
that would require the Secretary of Defense to report to the
congressional defense committees on the implementation of
corrective measures by the Department of Defense with respect
to the Physical Disability Evaluation System in response to
several different reports.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the reports to be submitted by June 1, 2008 and June 1, 2009.
Enhancement of disability severance pay for Members of the armed forces
(sec. 1646)
The Senate amendment contained a provision (sec. 1661)
that would amend section 1212 of title 10, United States Code,
to increase the minimum severance pay to 12 months' basic pay
for service members separated for a disability incurred in a
combat zone and 6 months' basic pay for other members, and
increasing the maximum severance pay from 24 months' basic pay
to 38 months' basic pay. The provision would also remove the
requirement that severance pay received by members for a
disability incurred in a combat zone be deducted from
disability compensation received from the Department of
Veterans Affairs.
The House bill contained no similar provision.
The House recedes.
Assessments of continuing utility and future role of temporary
disability retired list (sec. 1647)
The House bill contained a provision (sec. 1420) that
would amend section 1210(e) of title 10, United States Code, to
require that a service member's medical condition be permanent
and stable before the service member can be removed from the
temporary disabled retired list (TDRL).
The Senate amendment contained a provision (sec. 1663)
that would require the Secretary of Defense and the Comptroller
General of the United States to submit a report to the
congressional defense committees assessing the continuing
utility of the TDRL.
The House recedes with an amendment that would require
the Secretary of Defense to submit to the congressional defense
committees, no later than 180 days after the date of enactment
of this Act, a report containing a statistical history
regarding the TDRL and an assessment of: (1) the continuing
utility of the TDRL; (2) the need to require that the condition
of a member be permanent and stable before the member is
separated with less than a 30 percent disability rating; and
(3) the future role of the TDRL in the disability evaluation
system of the Department of Defense and the changes in policy
and law required to fulfill the future role of the TDRL.
Standards for military medical treatment facilities, specialty medical
care facilities, and military quarters housing patients and
annual report on such facilities (sec. 1648)
The House bill contained a provision (sec. 1431) that
would require the Secretary of Defense to submit an annual
report beginning with the budget submission for fiscal year
2009 on the adequacy, suitability, and quality of military
medical facilities and medical-related support facilities. This
section would also require that the report include any facility
deficiencies and accompanying response plans identified through
the toll-free hot line made available to service members and
families residing in medical-related support facilities.
The Senate amendment contained a provision (sec. 1671)
that would require the Secretary to establish standards for
medical treatment facilities and quarters or leased housing for
patients, and to set a deadline for compliance with such
standards. The amendment would also require a report to the
congressional defense committees on actions taken to meet these
standards.
The House recedes with an amendment that would combine
the annual report and the requirement to establish standards.
Reports on Army Medical Action Plan in response to deficiencies
identified at Walter Reed Army Medical Center (sec. 1649)
The Senate amendment contained a provision (sec. 1672)
that would require the Secretary of Defense to submit reports
to the congressional defense committees on the implementation
of the action plan of the Army to correct deficiencies
identified in the condition of facilities, and in the
administration of outpatients in medical hold or medical
holdover status, at Walter Reed Army Medical Center and at
other applicable Army installations.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to submit to the congressional defense
committees a report no later than 30 days after the date of
enactment of this Act, and every 180 days thereafter until
March 1, 2009, on the implementation of the Army Medical Action
Plan to correct deficiencies identified in the condition of
facilities and patient administration.
Required certifications in connection with closure of Walter Reed Army
Medical Center, District of Columbia (sec. 1650)
The Senate amendment contained a provision (sec. 1673)
that would require the Secretary of Defense to submit to the
congressional defense committees no later than 90 days after
enactment of this Act certain certifications regarding the
closure of Walter Reed Army Medical Center, District of
Columbia. The House bill contained no similar provision.
The House recedes with a technical amendment.
Handbook for members of the armed forces on compensation and benefits
available for serious injuries and illnesses (sec. 1651)
The Senate amendment contained a provision (sec. 1681)
that would require the Secretary of Defense to develop and
maintain, in handbook and electronic form, a comprehensive
description of the compensation and other benefits to which a
service member and their family would be entitled when the
member separates or retires from the armed forces. The
Secretary of Defense would be required to do this in
consultation with the Secretary of Veterans Affairs, the
Secretary of Health and Human Services, and the Commissioner of
Social Security.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary to develop the handbook and electronic form no
later than October 1, 2008.
Subtitle E--Studies and Reports
Study on physical and mental health and other readjustment needs of
members and former members of the armed forces who deployed in
Operation Iraqi Freedom and Operation Enduring Freedom and
their families (sec. 1661)
The Senate amendment contained a provision (sec. 1691)
that would require the Secretary of Defense, in consultation
with the Secretary of Veterans Affairs, to enter into an
agreement with the National Academy of Sciences for a study on
the physical and mental health and other readjustment needs of
members and former members of the armed forces who deployed in
Operation Iraqi Freedom or Operation Enduring Freedom and their
families as a result of such deployment. The amendment would
require the Secretary of Defense and the Secretary of Veterans
Affairs to develop a joint plan to address the findings and
recommendations of the National Academy of Sciences study
within 90 days of receiving the report. The amendment would
also require the Comptroller General of the United States to
submit to Congress a report assessing the Department of
Defense-Department of Veterans Affairs plan.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the preliminary phase of the study to be completed not later
than 1 year after the date of enactment of this Act, and an
assessment of gender- and ethnic group-specific needs and
concerns. The amendment would also remove the requirement for
the review by the Comptroller General of the United States of
the Department of Defense-Department of Veterans Affairs plan.
Access of recovering service members to adequate outpatient residential
facilities (sec. 1662)
The House bill contained a provision (sec. 1432) that
would require the Inspectors General of the regional medical
commands to conduct semi-annual inspections of facilities
housing recovering service members for the first two years
following the date of enactment of this Act and annually
thereafter. This section would require the inspection results
to be coordinated with local and service medical and civilian
leadership, reported to the Congress, and posted on the
Internet website of the regional medical command.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Study and report on support services for families of recovering service
members (sec. 1663)
The House bill contained a provision (sec. 1434) that
would require the Secretary of Defense to conduct a study of
the provision of support services for families of recovering
service members. The study would include a determination of the
types of support services currently provided, a determination
of additional types of support services that would be feasible,
an estimate of the number of family members to whom the support
services would be provided, and a determination of
discrimination in employment that family members experience.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment that would
include job placement services as an element of the
determination of additional types of support services that
would be feasible.
Report on traumatic brain injury classifications (sec. 1664)
The House bill contained a provision (sec. 1435) that
would require the Secretary of Defense to submit to the
Committees on Armed Services of the Senate and the House of
Representatives an interim report not later than 90 days after
enactment of this Act describing the changes undertaken within
the Department of Defense to ensure that traumatic brain injury
victims receive a proper medical designation concomitant with
their injury, and a final report not later than 180 days after
the date of enactment of this Act concerning traumatic brain
injury classification.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense and the Secretary of Veterans Affairs
to jointly submit to the Committees on Armed Services of the
Senate and the House of Representatives a report describing the
changes undertaken within the Department of Defense and the
Department of Veterans Affairs to ensure that traumatic brain
injury victims receive a medical designation concomitant with
their injury rather than a medical designation that assigns a
generic classification (such as ``organic psychiatric
disorder''). The report would be due not later than 90 days
after the date of enactment of this Act.
Evaluation of the Polytrauma Liaison Officer/Non-Commissioned Officer
Program (sec. 1665)
The House bill contained a provision (sec. 1436) that
would require the Secretary of Defense to conduct an evaluation
of the Polytrauma Liaison Officer/Non-Commissioned Officer
program, operated by the military departments and the
Department of Veterans Affairs, to assist the transition of
members from the Department of Defense health care system to
the Department of Veterans Affairs system. The Secretary of
Defense would be required to submit a report to Congress
containing the results of the evaluation and recommendations
for improvement not later than 90 days after the date of
enactment of this Act.
The Senate amendment contained no similar provision.
The Senate recedes.
Subtitle F--Other Matters
Prohibition on transfer of resources from medical care (sec. 1671)
The House bill contained a provision (sec. 1452) that
would prohibit the transfer of funds or personnel from medical
care functions within the Department of Defense to support the
administrative requirements imposed by this Act.
The Senate amendment contained no similar provision.
The Senate recedes.
Medical care for families of members of the armed forces recovering
from serious injuries or illnesses (sec. 1672)
The Senate amendment contained a provision (sec. 1626)
that would authorize medical care on a space available basis at
military medical treatment facilities or medical facilities of
the Department of Veterans Affairs for certain family members
caring for service members in a medical hold or holdover status
or on the temporary disability retired list. Family members
must be on invitational travel orders, a non-medical attendee
caring for certain injured service members, or receiving per
diem while caring for certain injured service members. The
provision would also authorize job placement services for
family members on invitational travel orders or non-medical
attendees caring for certain injured service members for more
than 45 days during a 1-year period, and require the Secretary
of Defense to submit to the congressional defense committees a
report on the need for additional employment services and
protections for certain family members who are placed on leave
from employment or otherwise displaced from employment while
caring for an injured service member.
The House bill contained no similar provision.
The House recedes with a clarifying amendment that would
authorize medical care on a space available basis at military
medical treatment facilities or medical facilities of the
Department of Veterans Affairs for certain family members not
otherwise eligible for medical care who are caring for a
recovering service member. Job placement services and the
report on the need for additional services are contained
elsewhere in this conference report.
Improvement of medical tracking system for members of the armed forces
deployed overseas (sec. 1673)
The House bill contained a provision (sec. 711) that
would require the Secretary of Defense to establish a computer-
based program that assesses the cognitive functioning, in a
pre- and post-deployment environment, of all members of the
armed forces who are deployed in support of the global war on
terror, including Operation Iraqi Freedom and Operation
Enduring Freedom.
The Senate amendment contained a provision (sec. 1632)
that would amend section 1074f of title 10, United States Code,
to require the Secretary of Defense to establish a protocol for
the pre-deployment assessment and documentation of the
cognitive functioning of a member who is deployed outside the
United States in order to facilitate the assessment of the
post-deployment cognitive functioning of the member. The
amendment would require the Secretary to conduct up to three
pilot projects to evaluate various mechanisms for use in the
protocol, and to establish a means to implement any mechanism
that is selected for incorporation in the protocol not later
than 180 days after completion of the pilot projects.
The House recedes with an amendment to clarify the
characteristics of a computer-based assessment tool to be
evaluated under the pilot projects.
Guaranteed funding for Walter Reed Army Medical Center, District of
Columbia (sec. 1674)
The House bill contained a provision (sec. 712) that
would require that the amount of funds available for the
commander of Walter Reed Army Medical Center shall not be less
than the amount expended in fiscal year 2006 until the first
fiscal year beginning after the date on which the Secretary of
Defense certifies to the Committees on Armed Services of the
Senate and the House of Representatives that the expanded
facilities at the National Naval Medical Center and DeWitt Army
Community Hospital are completed, equipped, and staffed with
sufficient capacity to accept and provide at least the same
level of care as patients received at Walter Reed Army Medical
Center during fiscal year 2006.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
that the amount of funds available shall not be less than the
amount expended by the commander of Walter Reed Army Medical
Center in fiscal year 2006 until the first fiscal year
beginning after the date on which the Secretary of Defense
submits to the congressional defense committees a plan for the
provision of health care for military beneficiaries and their
dependents in the National Capital Region. After submission of
this plan, the amendment would require the Secretary to certify
to the congressional defense committees on a quarterly basis
that patients, staff, bed capacity, functions, or parts of
functions at Walter Reed Army Medical Center have not been
moved or disestablished until the expanded facilities at the
National Naval Medical Center and DeWitt Army Community
Hospital are completed, equipped, and staffed with sufficient
capacity to accept and provide, at a minimum, the same level of
and access to care as patients received at Walter Reed Army
Medical Center during fiscal year 2006.
Use of leave transfer program by wounded veterans who are federal
employees (sec. 1675)
The House bill contained a provision (sec. 1110) that
would allow federal employees who sustain a combat-related
injury while on active duty to accept donated leave without
having to deplete their own leave allocations while they are
undergoing medical treatment for the disability, for up to 5
years.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Moratorium on conversion to contractor performance of Department of
Defense functions at military medical facilities (sec. 1676)
The House bill contained a provision (sec. 1451) that
would: (1) prohibit the Department of Defense from initiating
any new public-private competitions for the performance of
functions at military medical facilities for a period of 1
year; and (2) require the Secretary of Defense to report to the
Committees on Armed Services of the Senate and the House of
Representatives on public-private competitions currently being
carried out at such facilities.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment prohibiting the
Department of Defense from initiating any new public-private
competitions for the performance of functions at military
medical facilities until the Secretary: (1) certifies that
appropriate steps have been taken to ensure that such
competitions will not have an adverse impact on the quality of
military medical care; and (2) submits the required report.
Legislative Provisions Not Adopted
Establishment of medical support fund for support of members of the
armed forces returning to military service or civilian life
The House bill contained a provision (sec. 1422) that
would require the establishment of a medical support fund on
the books of the Treasury to support programs and activities
relating to the medical treatment, care, rehabilitation,
recovery, and support of wounded and injured service members
and their families, and authorized $50.0 million for the fund.
The Senate amendment contained no similar provision.
The House recedes.
Funding for improved diagnosis, treatment, and rehabilitation of
members of the armed forces with traumatic brain injury or
post-traumatic stress disorder
The Senate amendment contained a provision (sec. 1635)
that would authorize $50.0 million for activities relating to
the improved diagnosis, treatment, and rehabilitation of
members of the armed forces with traumatic brain injury or
post-traumatic stress disorder. Of that amount, $17.0 million
would be available for the Defense and Veterans Brain Injury
Center of the Department of Defense.
The Senate recedes.
The conference outcome is reflected in the tables of this
report.
Personnel shortages in the mental health workforce of the Department of
Defense, including personnel in the mental health workforce
The Senate amendment contained a provision (sec. 1643)
that would require the Secretary of Defense to submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report setting forth the recommendations of
the Secretary for such legislative or administrative actions as
the Secretary considers appropriate to address shortages in
health care professionals within the Department of Defense,
including personnel in the mental health workforce. The
amendment would also require the Secretary to implement, not
later than 180 days after the date of enactment of this Act,
programs to recruit qualified individuals in health care fields
(including mental health) to serve in the armed forces.
The House bill contained no similar provision.
The Senate recedes.
The conference agreement includes a requirement for the
Secretary of Defense to report on implementation of the
recommendations of the Department of Defense Task Force on
Mental Health, which include improving access to mental health
services by increasing the number of mental health personnel.
Pilot program to establish an Army Wounded Warrior battalion at an
appropriate active duty base
The House bill contained a provision (sec. 1419) that
would require the Secretary of the Army to establish a pilot
program, known as the Army Wounded Warrior Program, based on
the Wounded Warrior Regiment program of the Marine Corps.
The Senate amendment contained no similar provision.
The House recedes.
The conferrees are aware that the Army has already
established Warrior Transition Units that are similar in
function to the Marine Wounded Warrior Regiment program.
Oversight Board for Wounded Warriors
The House bill contained a provision (sec. 1423) that
would require the establishment of a 12 member board to be
known as the Oversight Board for Wounded Warriors to provide
oversight of medical care, quality of life, administrative
processing, and family programs supporting wounded warriors and
to provide advice and counsel to Congress and the Department of
Defense about how the programs can be made more efficient and
effective.
The Senate amendment contained no similar provision.
The House recedes.
TITLE XVII--VETERANS MATTERS
Legislative Provisions Adopted
Sense of Congress on Department of Veterans Affairs efforts in the
rehabilitation and reintegration of veterans with traumatic
brain injury (sec. 1701)
The Senate amendment contained a provision (sec. 1701)
that would express the sense of Congress that:
(1) the Department of Veterans Affairs is a leader
in the field of traumatic brain injury and coordination
of such care;
(2) the Department of Veterans Affairs should have
the capacity and expertise to provide veterans who have
traumatic brain injury with patient-centered health
care, rehabilitation, and community integration
services that are comparable to or exceed similar care
and services available to persons with such injuries in
the academic and private sector;
(3) rehabilitation for veterans who have a
traumatic brain injury should be individualized,
comprehensive, and interdisciplinary with the goals of
optimizing the independence of such veterans and
reintegrating them into their communities;
(4) family support is integral to the
rehabilitation and community reintegration of veterans
who have sustained a traumatic brain injury, and the
Department should provide the families of such veterans
with education and support;
(5) the Department of Defense and the Department of
Veterans Affairs have made efforts to provide a smooth
transition of medical care and rehabilitative services
to individuals as they transition from the health care
system of the Department of Defense to that of the
Department of Veterans Affairs, but more can be done to
assist veterans and their families in the continuum of
the rehabilitation, recovery, and reintegration of
wounded or injured veterans into their communities;
(6) in planning for rehabilitation and community
reintegration of veterans who have a traumatic brain
injury, it is necessary for the Department of Veterans
Affairs to provide a system for life-long case
management for such veterans; and
(7) in such a system for life-long case management,
it is necessary to conduct outreach and to tailor
specialized traumatic brain injury case management and
outreach for the unique needs of veterans with
traumatic brain injury who reside in urban and non-
urban settings.
The House bill contained no similar provision.
The House recedes.
Individual rehabilitation and community reintegration plans for
veterans and others with traumatic brain injury (sec. 1702)
The Senate amendment contained a provision (sec. 1702)
that would amend subchapter II of chapter 17 of title 38,
United States Code, to require the Secretary of Veterans
Affairs to develop an individualized rehabilitation and
reintegration plan for each veteran or member of the armed
forces who receives inpatient or outpatient rehabilitation care
from the Department of Veterans Affairs (VA) for a traumatic
brain injury and to provide the plan in writing to the veteran
or service member before discharge from inpatient care.
The House bill contained no similar provision.
The House recedes with an amendment that would add a
requirement for the Secretary to develop and carry out a
comprehensive program of long-term care for post-acute
traumatic brain injury rehabilitation at each VA polytrauma
center. The program would include residential, community, and
home-based components utilizing interdisciplinary treatment
teams.
Use of non-Department of Veterans Affairs facilities for implementation
of rehabilitation and community reintegration plans for
traumatic brain injury (sec. 1703)
The Senate amendment contained a provision (sec. 1703)
that would amend subchapter II of chapter 17 of title 38,
United States Code, to require the Secretary of Veterans
Affairs to provide rehabilitative treatment or services at non-
Department of Veterans Affairs facilities to veterans or
members of the armed forces who receive inpatient or outpatient
care from the Department of Veterans Affairs (VA) for a
traumatic brain injury when the VA is unable to provide
treatment or services at the frequency or for the duration
prescribed in the individual treatment plans or for whom the
Secretary determines that it is optimal with respect to the
recovery and rehabilitation of such individual.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the Secretary to provide health care and services through
cooperative agreements with appropriate public or private
entities with expertise in neurobehavioral rehabilitation and
recovery programs.
Research, education, and clinical care program on traumatic brain
injury (sec. 1704)
The Senate amendment contained a provision (sec. 1704)
that would amend subchapter II of chapter 73 of title 38,
United States Code, to require the Secretary of Veterans
Affairs to establish a program on research, education, and
clinical care to provide neuro-rehabilitation to veterans with
a severe traumatic brain injury, including veterans in a
minimally conscious state who would otherwise receive only
long-term residential care.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary to establish and maintain a registry of names of
each individual who: (1) served as a member of the armed forces
in Operation Enduring Freedom or Operation Iraqi Freedom; (2)
exhibits symptoms associated with traumatic brain injury; (3)
applies for care and services from the Department of Veterans
Affairs or files a claim for compensation for disability
associated with such service; and (4) grants permission to the
Secretary to include such information in the registry.
Pilot program on assisted living services for veterans with traumatic
brain injury (sec. 1705)
The Senate amendment contained a provision (sec. 1705)
that would require the Secretary of Veterans Affairs, in
collaboration with the Defense and Veterans Brain Injury
Center, to carry out a pilot program to assess the
effectiveness of providing assisted living services to eligible
veterans to enhance the rehabilitation, quality of life, and
community integration of such veterans.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Provision of age-appropriate nursing home care (sec. 1706)
The Senate amendment contained a provision (sec. 1707)
that would require the Secretary of Veterans Affairs to ensure
that nursing home care provided to young veterans who are
injured or disabled through military service and require long-
term care is provided in an age-appropriate manner.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Extension of period of eligibility for health care for veterans of
combat service during certain periods of hostilities and war
(sec. 1707)
The Senate amendment contained a provision (sec. 1708)
that would amend section 1710 of title 38, United States Code,
to extend from 2 to 5 years the period of automatic eligibility
for health care benefits from the Department of Veterans
Affairs (VA) for veterans who served in a combat theater of
operations.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
3 years of automatic eligibility for health care from the VA
for veterans who served in a combat theater of operations and
were discharged after 1998, but more than 5 years before the
date of enactment of this Act, and who have not enrolled in the
health care program of the VA.
Service-connection and assessments for mental health conditions in
veterans (sec. 1708)
The Senate amendment contained a provision (sec. 1709)
that would amend section 1702 of title 38, United States Code,
to require the Secretary of Veterans Affairs to provide a
preliminary general mental health assessment to certain
veterans within 30 days of such a request.
The House recedes with an amendment that would clarify
that an eligible veteran is one who served on active duty in a
theater of combat operations during a period of war after the
Persian Gulf War, or in combat against a hostile force during a
period of hostilities after November 11, 1998.
Modification of requirements for furnishing outpatient dental services
to veterans with service-connected dental conditions or
disabilities (sec. 1709)
The Senate amendment contained a provision (sec. 1710)
that would amend section 1712 of title 38, United States Code,
to extend from 90 to 180 days after discharge or release from
active duty the application period for dental benefits for
veterans.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Clarification of purpose of outreach services program of Department of
Veterans Affairs (sec. 1710)
The Senate amendment contained a provision (sec. 1712)
that would amend section 6301 of title 38, United States Code,
to clarify that the outreach services program of the Department
of Veterans Affairs includes members of the reserve components.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Designation of fiduciary or trustee for purposes of Traumatic
Servicemembers' Group Life Insurance (sec. 1711)
The Senate amendment contained a provision (sec. 1071)
that would require the Secretary of Defense, in consultation
with the Secretary of Veterans Affairs, to develop a form for
the designation of a fiduciary to receive the funds distributed
under section 1980A of title 38, United States Code, in the
case of a service member who is medically incapacitated or
experiencing an extended loss of consciousness.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Veterans Affairs, in consultation with the
military service secretaries, to develop a process for the
designation of a fiduciary or trustee of a member of the
uniformed services insured against traumatic injury under
section 1980A of title 38, United States Code.
Legislative Provisions Not Adopted
Demonstration program on preventing veterans at risk of homelessness
from becoming homeless
The Senate amendment contained a provision (sec. 1711)
that would require the Secretary of Veterans Affairs to carry
out a demonstration program for the purpose of: (1) identifying
members of the armed forces on active duty who are at risk of
becoming homeless after they are discharged or released from
active duty; and (2) providing referral, counseling, and
supportive services, as appropriate, to help prevent such
members, upon becoming veterans, from becoming homeless.
The House bill contained no similar provision.
The Senate recedes.
Increase in physicians at hospitals of the Department of Veterans
Affairs
The House bill contained a provision (sec. 1453) that
would require the Secretary of Veterans Affairs to increase the
number of resident physicians at hospitals of the Department of
Veterans Affairs.
The Senate amendment contained no similar provision.
The House recedes.
Research on traumatic brain injury
The Senate amendment contained a provision (sec. 1706)
that would require the Secretary of Veterans Affairs, when
carrying out certain research programs and activities, to
ensure that such programs and activities include research on
the sequelae of mild to severe forms of traumatic brain injury.
The House bill contained no similar provision.
The Senate recedes.
Study and report of waiting periods for appointments at Department of
Veterans Affairs medical facilities
The House bill contained a provision (sec. 1438) that
would require the Secretary of Veterans Affairs to conduct a
study on the average length of time between the desired date
for which a veteran seeks to schedule an appointment for health
care at a Department of Veterans Affairs medical facility and
the date on which such appointment is completed.
The Senate amendment contained no similar provision.
The House recedes.
TITLE XVIII--NATIONAL GUARD BUREAU MATTERS AND RELATED MATTERS
Short title (sec. 1801)
The House bill contained a provision (sec. 1601) that
would provide that this title may be cited as the ``National
Guard Empowerment Act''.
The Senate amendment contained a provision (sec. 1801)
that would provide that this title may be cited as the
``National Guard Empowerment Act of 2007''.
The House recedes.
Subtitle A--National Guard Bureau
Appointment, grade, duties, and retirement of the Chief of the National
Guard Bureau (sec. 1811)
The House bill contained a provision (sec. 1611) that
would amend section 10502 of title 10, United States Code, to
require that an officer appointed as the Chief of the National
Guard Bureau (CNGB) serve in the grade of general and be the
principal advisor to the Secretary of Defense, through the
Chairman of the Joint Chiefs of Staff (CJCS), on National Guard
matters. The provision would also designate the CNGB as an
advisor on National Guard matters to the commanders of the
United States Northern Command and to the Secretary of Homeland
Security. Additionally, the provision would describe the
appointment process by which officers would be recommended to
the President for appointment as CNGB.
The Senate amendment contained similar provisions (secs.
533 and 1802(b)) that would establish additional criteria for
appointment of CNGB in the grade of general, repeal the age 64
limitation on service of an officer serving as CNGB, designate
the CNGB as an advisor to the Secretary of Defense through the
CJCS on matters involving non-federalized National Guard forces
and on other matters as determined by the Secretary of Defense,
and authorize the President to defer the retirement of an
officer serving as CNGB until the first day of the month
following the month in which the officer becomes 68 years of
age.
The House recedes with an amendment that would designate
the CNGB as a principal advisor to the Secretary of Defense,
through CJCS, on matters involving non-federalized National
Guard forces and on other matters as determined by the
Secretary of Defense. The CNGB would also serve as principal
advisor to the Secretary and Chief of Staff of the Army and the
Secretary and 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.
The amendment would also delete as unnecessary the provision
relating to the deferral of retirement by the CNGB in view of
the revisions contained elsewhere in this conference report.
Establishment of National Guard Bureau as joint activity of Department
of Defense (sec. 1812)
The House bill contained a provision (sec. 1612) that
would amend section 10501 of title 10, United States Code, to
establish the National Guard Bureau (NGB) as a joint activity
of the Department of Defense, and would amend chapter 1011 of
title 10, United States Code, to require that the manpower
requirements of the NGB as a joint activity of the Department
of Defense be determined in accordance with regulations
prescribed by the Secretary of Defense, in consultation with
the Chairman of the Joint Chiefs of Staff.
The Senate amendment contained a similar provision (sec
1802(a)).
The Senate recedes.
The conferees concur with the views and recommendations
of the Commission on the National Guard and Reserves as set
forth in its report of March 1, 2007, with respect to the
designation of the NGB as a joint activity. Specifically, this
statutory amendment is intended to reflect the structure of the
NGB and should not result in any change in the day-to-day
relationship between the Chief of the NGB and the Secretaries
of the Army and Air Force and their respective staffs. The
conferees encourage the Secretary of Defense to modify the
charter of the NGB accordingly and to consult with the
Secretary of the Army and the Secretary of the Air Force, as
well as the Chairman of the Joint Chiefs of Staff, in
developing regulations to determine the manpower requirements
of the NGB.
Enhancement of functions of National Guard Bureau (sec. 1813)
The House bill contained a provision (sec. 1613) that
would amend section 10503 of title 10, United States Code, to
expand the National Guard Bureau (NGB) charter to include
facilitation and coordination with other federal agencies, the
adjutants general of the States, United States Northern
Command, and United States Joint Forces Command on the use of
National Guard personnel and resources in the conduct of
operations under title 32 of the United States Code, or in
support of State missions, and would require the Secretary of
Defense, in consultation with the Secretary of the Army and
Secretary of the Air Force, to develop the charter for the NGB.
The House bill contained another provision (sec. 1616)
that would make conforming and clerical amendments regarding
section 10503 of title 10, United States Code.
The Senate amendment contained similar provisions (secs.
532 and 1802(c)).
The Senate recedes with an amendment that would expand
the NGB charter to include assisting the Secretary of Defense
in facilitating and coordinating with other federal agencies,
the adjutants general of the States, United States Northern
Command, and United States Joint Forces Command on the use of
National Guard personnel and resources in the conduct of
operations under title 32 of the United States Code, or in
support of State missions.
The conferees agree with the view of the Commission on
the National Guard and Reserves that the charter of the NGB
does not reflect some of the NGB's key roles and
responsibilities and needs to be updated. The conferees also
concur with the Commission that the NGB should continue to
report to and work with the Secretaries and Chiefs of Staff of
the Army and Air Force in coordinating the use of National
Guard units.
Requirement for Secretary of Defense to prepare plan for response to
natural disasters and terrorist events (sec. 1814)
The House bill contained a provision (sec. 1614) that
would require the Secretary of Defense to prepare and submit to
Congress an annual plan for coordinating the use of the
National Guard and members of the armed forces on active duty
when responding to natural disasters, acts of terrorism, and
other man-made disasters. The Secretary of Defense would be
required to prepare and submit the plan to Congress not later
than March 1, 2008, and each March 1 thereafter.
The Senate amendment contained a similar provision (sec.
1806).
The Senate recedes with an amendment that would require
the Secretary of Defense to consult with the Secretary of
Homeland Security, the Chairman of the Joint Chiefs of Staff,
the Commander of the United States Northern Command, and the
Chief of the National Guard Bureau in the preparation of the
plan, and would require the Secretary of Defense to submit an
update of the plan no later than June 1, 2010.
The conferees urge the Secretary of Defense, as part of
the response planning required by this provision, to address
the nature of command relationships under which troops will
operate during particular contingencies and ensure, as
recommended by the Commission on the National Guard and
Reserves, that necessary agreements are entered into as soon as
practicable.
Determination of Department of Defense civil support requirements (sec.
1815)
The House bill contained a provision (sec. 1615) that
would require the Secretary of Defense to determine the
military-unique capabilities needed to be provided by the
Department of Defense to support civil authorities in an
incident of national significance or a catastrophic incident,
and, in coordination with the secretaries of the military
departments and the Chairman of the Joint Chiefs of Staff, to
develop and implement a plan for providing the necessary funds
and resources.
The Senate amendment contained a provision (sec.
1802(b)(3)) that would amend section 10504 of title 10, United
States Code, to require the Chief of the National Guard Bureau
to submit a report to Congress on the validated requirements
for military assistance to civil authorities.
The Senate recedes with an amendment that would require
the Secretary of Defense to consult with the Secretary of
Homeland Security in determining the required military-unique
capabilities.
Subtitle B--Additional Reserve Component Enhancement
United States Northern Command (sec. 1821)
The House bill contained a provision (sec. 1621) that
would require the Chairman of the Joint Chiefs of Staff to
review the civilian and military positions, job descriptions,
and assignments within the United States Northern Command
(NORTHCOM). The provision would also require the Secretary of
Defense to establish procedures under which an officer who is
on active duty or an officer who is on full-time National Guard
duty may command mixed-status forces for homeland defense
missions, domestic emergency responses, and providing military
support to civil authorities.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Chairman of the Joint Chiefs of Staff to conduct the
manpower review of NORTHCOM with a goal of assessing the
feasibility of significantly increasing the number of reserve
component members assigned to, and civilians employed by,
NORTHCOM who have experience in the planning, training, and
employment of forces for homeland defense missions, domestic
emergency response, and providing military support to civil
authorities.
Council of Governors (sec. 1822)
The House bill contained a provision (sec. 1622) that
would require the President to establish a bipartisan Council
of Governors to advise the Secretary of Defense, the Secretary
of Homeland Security, and the White House Homeland Security
Council on matters related to the National Guard and civil
support missions.
The Senate amendment contained no similar provision.
The Senate recedes.
Plan for Reserve Forces Policy Board (sec. 1823)
The House bill contained a provision (sec. 1623) that
would amend section 10301 of title 10, United States Code, to
replace the Reserve Forces Policy Board with a Reserve
Components Policy Board consisting of 15 members appointed from
civilian life by the Secretary of Defense to provide
independent advice and recommendations on strategies, policies,
and practices designed to improve and enhance the capabilities,
efficiency, and effectiveness of the reserve components of the
United States.
The Senate amendment contained a similar provision (sec
531).
The House recedes with an amendment that would require
the Secretary of Defense to develop a plan to implement
revisions that the Secretary determines necessary in the
designation, organization, membership, functions, procedures,
and legislative framework of the Reserve Forces Policy Board.
The plan must be consistent with the findings, conclusions, and
recommendations included in the report of the Commission on the
National Guard and Reserves of March 1, 2007, and, to the
extent possible, take into account the views and
recommendations of civilian and military leaders, past chairmen
of the Reserve Forces Policy Board, private organizations with
expertise and interest in Department of Defense organization,
and other individuals or groups in the discretion of the
Secretary.
High-level positions authorized or required to be held by reserve
component general or flag officers (sec. 1824)
The House bill contained a provision (sec. 1624) that
would amend section 526(b)(2) of title 10, United States Code,
to increase from 10 to 15 the number of general and flag
officer positions on the staffs of the commanders of combatant
commands that may be held by reserve component officers. The
provision would also require the Chairman of the Joint Chiefs
of Staff to designate up to three general and flag officer
positions in the grade of lieutenant general or vice admiral
that must be held by reserve component officers and provide
that one of these positions must be the deputy commander of the
combatant command whose geographic area of responsibility
includes the United States.
The Senate amendment contained a provision (sec. 1803)
that would express the sense of Congress that, whenever
officers are considered for promotion to lieutenant general or
vice admiral, qualified officers in the reserve components
should be considered for promotion to that grade. The Senate
amendment also contained a provision (sec. 1805) that would
require that a position of Deputy Commander of United States
Northern Command (NORTHCOM) be filled by a qualified officer of
the National Guard eligible for promotion to the grade of
lieutenant general.
The Senate recedes with an amendment that would: (1)
express the sense of Congress that whenever officers are
considered for promotion to lieutenant general or vice admiral,
qualified officers in the reserve components should be
considered for promotion to that grade; (2) amend section
164(e) of title 10, United States Code, to require that at
least one deputy commander of NORTHCOM be a National Guard
officer who is eligible for promotion to the grade of O-9
unless a National Guard officer is the commander of NORTHCOM;
and (3) increase from 10 to 15 the number of general and flag
officer positions on the staffs of the commanders of combatant
commands that may be held by reserve component officers below
the grade of lieutenant general or vice admiral.
Retirement age and years of service limitations on certain reserve
general and flag officers (sec. 1825)
The House bill contained a provision (sec. 1625) that
would amend section 14511 of title 10, United States Code, to
specify the age at which reserve officers in the rank of
general or admiral would be required to retire and limit their
total service to 40 years. The provision would also amend
section 14512 of title 10, United States Code, to exclude the
Chief of the National Guard Bureau from its coverage and to
require waiver by the President to allow the Chief of the Navy
Reserve or the Commander of the Marine Forces Reserve to serve
beyond age 64.
The Senate amendment contained a provision (sec. 533(e))
that would amend section 14512(a) of title 10, United States
Code, to authorize the President to defer until age 68 the
retirement of a reserve officer of the Army or Air Force
serving as Chief of the National Guard Bureau, Chief of the
Army Reserve, Chief of the Air Force Reserve, Director of the
Army National Guard, Director of the Air National Guard, an
adjutant general, or the commanding general of the troops of a
State.
The Senate recedes with an amendment that would modify
section 14511 of title 10, United States Code, to provide that
reserve officers in the grade of major general or rear admiral
and above must retire at age 64 unless waivers to age 66 or 68
are authorized by the Secretary of Defense or the President
respectively. The amendment would also modify section 14512 to
authorize the Secretary of Defense to defer the retirement
until age 66 of the Chief of the Navy Reserve and the Commander
of the Marine Forces Reserve.
Additional reporting requirements relating to National Guard equipment
(sec. 1826)
The House bill contained a provision (sec. 1626) that
would amend section 10541 of title 10, United States Code, to
add two additional reporting requirements to the annual report
to Congress on National Guard and reserve component equipment:
(1) a statement of the accuracy of the previous inventory
projection, and if the projection was not met, an explanation
of why it was not met, and (2) a certification from the Chief
of the National Guard Bureau setting forth an inventory for the
preceding fiscal year of each item of equipment for which funds
were appropriated and which was due to be procured during that
fiscal year which has not been received by a National Guard
unit as of the close of that fiscal year.
The Senate amendment contained an identical provision
(sec. 1807).
The conference agreement includes this provision.
Legislative Provision Not Adopted
Promotion of reserve officers to lieutenant general grade
The Senate amendment contained a provision (sec. 1804)
that would amend section 10506(a)(3) of title 10, United States
Code, to require that service of an officer as adjutant general
be treated as joint duty experience, and would require the
Secretaries of the Army and Air Force to review and report to
the congressional defense committees on the promotion practices
of their military departments for the promotion of reserve
officers from major general to lieutenant general.
The House bill contained no similar provision.
The Senate recedes.
Division B--Military Construction Authorizations
Budget Items
Summary and explanation of funding tables
Division B of this Act authorizes funding for military
construction projects of the Department of Defense. It includes
funding authorizations for the construction and operation of
military family housing as well as military construction for
the reserve components, the defense agencies, and the North
Atlantic Treaty Organization (NATO) Security Investment
program. It also provides authorization for the base closure
accounts that fund military construction, environmental
cleanup, and other activities required to implement the
decisions in base closure rounds.
The following tables provide the project-level
authorizations for the military construction funding authorized
in Division B of this Act and summarize that funding by
account. Funding for base closure projects is explained in
additional detail in the table included in title XXVII of this
report.
The budget request for fiscal year 2008 included
authorization of appropriations for military construction and
housing programs totaling $21.2 billion. Of this amount: $9.8
billion was requested for military construction; $2.9 billion
for the construction and operation of family housing; and $8.4
for base closure activities, including $8.2 billion to
implement the results of the 2005 Base Realignment and Closure
(BRAC) round.
The original budget request also proposed an additional
$907.9 million in emergency spending for Army military
construction projects in Iraq and Afghanistan and Navy military
construction projects in the United States related to the
administration's proposal to grow the size of the Marine Corps.
The President's October budget amendment requested an
additional $1.5 billion in emergency funding for military
construction and base closure, for a total emergency request of
$2.4 billion in addition to the $21.2 billion request in the
base budget, bringing the total military construction request
to $23.6 billion.
Authorizations for which emergency funding was requested
and additional appropriations for domestic and overseas
projects are contained in title XXIX of this Act.
Including all funding in Division B of this Act, the
conferees recommend authorization of appropriations for
military construction and housing programs totaling $23.7
billion. The total amount authorized for appropriations
reflects the continuing commitment of Congress to invest in the
recapitalization of Department of Defense facilities and
infrastructure to improve the quality of life and quality of
work of our service members and their families.
Included in this conference report are projects not
contained in either bill which were not included in the normal
authorization and appropriation legislation as a result of a
decision by the Committee on Appropriations of the House of
Representatives to modify their traditional procedures. These
projects were eventually voted on and approved by the House of
Representatives in appropriations legislation on November 6,
2007, approximately 5 weeks after the Senate requested a
conference and appointed conferees on this legislation. Because
these projects have been approved by the House of
Representatives, and as a matter of comity, the conferees
agreed to consider and authorize them in this legislation. But
the conferees consider the process that was followed in this
case to be an exception and by authorizing these projects do
not intend to establish a precedent or commit to following such
a process in the future.
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Legislative Provisions Adopted
Short title (sec. 2001)
The House bill contained a provision (sec. 2001) that
would designate Division B of this Act as the Military
Construction Authorization Act for Fiscal Year 2008.
The Senate amendment contained an identical provision
(sec. 2001).
The conference agreement includes this provision.
Expiration of authorizations and amounts required to be specified by
law (sec. 2002)
The House bill contained a provision (sec. 2701) that
would establish the expiration date for authorizations in this
Act for military construction projects, repair of real
property, land acquisition, family housing projects, and
contributions to the North Atlantic Treaty Organization
infrastructure program, as of October 1, 2010, or the date of
enactment of an act authorizing funds for military construction
for fiscal year 2011, whichever is later.
The Senate amendment contained a similar provision (sec.
2802).
The House recedes.
Legislative Provision Not adopted
Effective date
The House bill contained a provision (sec. 2704) that
would provide that titles XXI, XXII, XXIII, XXIV, XXV, and XXVI
of this Act shall take effect on October 1, 2007, or the date
of enactment of this Act, whichever is later.
The Senate amendment contained an identical provision
(sec. 2801).
Because the conference report was not adopted prior to
October 1, 2007, this provision is no longer required and was
not included in the conference agreement.
TITLE XXI--ARMY
Budget Items
Summary
The fiscal year 2008 budget request for Army military
construction included ``placeholders'' of $2.4 billion related
to facilities to support the administration's ``Grow the
Force'' proposal to increase the size of the Army. On March 30,
2007, the Army provided a detailed breakout and supporting
budget justification materials to Congress requesting a
specific allocation of these funds. While this was not an
official administration budget amendment, the conferees have
reviewed this request and included these proposed changes in
the conference agreement. These projects are identified in the
State list table included in this report.
The conferees have reduced the amounts authorized to be
appropriated for fiscal year 2008 for projects for which a
substantial amount of the full cost of the project cannot be
executed in fiscal year 2008, including projects to support the
stationing of a full brigade complex at Vicenza, Italy, and the
funding requested for a new headquarters facility for the U.S.
Southern Command in Miami, Florida. The conferees have provided
full project authorizations for these projects, and these
reductions to the authorization of appropriations were made
without prejudice to the projects. The conferees encourage the
Army to request the balance of the funding for these projects
in the fiscal year 2009 budget.
Funding for a project at Eglin Air Force Base, Florida
was eliminated because the project could not be executed in
fiscal year 2008 based on the current schedule for the required
environmental analysis.
The congressional defense committees and the Department
of Defense have traditionally analyzed requirements and funding
for mission projects and quality of life projects as important
and distinct categories. Two projects requested by the Army
blur these distinctions. The first is a headquarters facility
for the U.S. Southern Command in Miami, which included funding
for a child development center inside the overall project cost
for the headquarters. The second is a brigade complex
maintenance facility at Fort Drum, New York that combined
funding for a dining facility with funding for mission-oriented
projects such as vehicle maintenance shops. The conferees have
authorized the mission and quality of life elements as separate
projects in these cases. However, the conferees direct the
Army, and the other elements of the Department of Defense, to
refrain from combining mission facilities and quality of life
facilities into single project requests in future budget
submissions.
The conferees also separately authorized funding
requested within a project for Vicenza that is actually
intended for a separate installation. The conferees also direct
the Department to refrain from including projects at disparate
installations in a single project line in the future.
Item of Special Interest
Unspecified minor construction, Army
The conferees agree that of the funds authorized for
appropriation for unspecified minor construction for the Army,
the following amounts may be made available: Hawthorne Army
Depot, Nevada-Wabuska rail spur, $1.4 million; and Camp Rudder,
Eglin Air Force Base, Florida, dining facility, $1.5 million.
Legislative Provisions Adopted
Authorized Army construction and land acquisition projects (sec. 2101)
The House bill contained a provision (sec. 2101) that
would authorize military construction projects for the active
component of the Army for fiscal year 2008.
The Senate amendment contained a similar provision (sec.
2101).
The conference agreement includes this provision.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table at the beginning of the statement of
managers of Division B of this conference report provides the
binding list of specific construction projects authorized at
each location.
Family housing (sec. 2102)
The House bill contained a provision (sec. 2102) that
would authorize new construction and planning and design of
family housing units for the Army for fiscal year 2008. It
would also authorize funds for facilities that support family
housing, including housing management offices and housing
maintenance and storage facilities.
The Senate amendment contained a similar provision (sec.
2102).
The Senate recedes.
Improvements to military family housing units (sec. 2103)
The House bill contained a provision (sec. 2103) that
would authorize funding for fiscal year 2008 to improve
existing Army family housing units.
The Senate amendment contained an identical provision
(sec. 2103).
The conference agreement includes this provision.
Authorization of appropriations, Army (sec. 2104)
The House bill contained a provision (sec. 2104) that
would authorize appropriations for the active component
military construction and family housing projects of the Army
for fiscal year 2008. This provision would also provide an
overall limit on the cost of the fiscal year 2008 military
construction and family housing projects authorized for the
active-duty component of the Army.
The Senate amendment contained a similar provision (sec.
2204).
The conference agreement includes this provision.
Termination of authority to carry out fiscal year 2007 Army projects
for which funds were not appropriated (sec. 2105)
The Senate amendment contained a provision (sec. 2105)
that would repeal the project authorizations and authorization
of appropriations for Army military construction projects
authorized in fiscal year 2007 for which no funds were
appropriated. No appropriations were provided in fiscal year
2007 for projects that were authorized but were not included in
the President's original budget request.
The House bill contained no similar provision.
The House recedes.
The entire list of fiscal year 2007 active-component Army
projects for which the authorizations would be repealed
follows. The conferees have provided new authorizations for
some of these projects for fiscal year 2008. Those projects
that received new fiscal year 2008 authorizations can be found
in the State list of fiscal year 2008 projects contained in
this report.
The conferees urge the Department of Defense and the
military departments to review any projects on this list that
are not authorized and appropriated in fiscal year 2008 and re-
insert those projects, if the requirements are still valid, in
the fiscal year 2009 future-years defense program.
[GRAPHIC] [TIFF OMITTED] TR477.333
Technical amendments to Military Construction Authorization Act for
Fiscal Year 2007 (sec. 2106)
The Senate amendment contained a provision (sec. 2108)
that would make two corrections to the table of project
authorizations in section 2101 of the Military Construction
Authorization Act for Fiscal Year 2007 (Division B of Public
Law 109-364). One amendment would modify the name of a specific
location of a project in Romania to reflect a modification of
the original plan. This modification was proposed by the Army
and understood by the conferees prior to the adoption of the
fiscal year 2007 legislation. The second amendment would
correct an enrolling error and align the text of the public law
with the text of the conference report.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Modification of authority to carry out certain fiscal year 2006
projects (sec. 2107)
The House bill contained a provision (sec. 2105) that
would amend section 2101 of the Military Construction
Authorization Act for Fiscal Year 2006 (Division B of Public
Law 109-163) to increase the project authorizations for Fort
Bragg, North Carolina by $7.0 million. This increase was
requested by the Department of Defense in its legislative
proposal to Congress.
The Senate amendment contained an identical provision
(sec. 2106).
The conference agreement includes this provision.
Extension of authorization of certain fiscal year 2005 project (sec.
2108)
The Senate amendment contained a provision (sec. 2107)
that would extend the authorization for an Army fiscal year
2005 military construction project at Schofield Barracks,
Hawaii, until October 1, 2008, or the date of enactment of an
act authorizing funds for military construction for fiscal year
2009, whichever is later.
The House bill contained this extension in a broader
provision extending authorizations for certain fiscal year 2005
projects across the Department of Defense (sec. 2702).
The House recedes with a technical amendment.
The conferees note that this extension was requested by
the Department of Defense in their legislative proposal to
Congress.
Ground lease, SOUTHCOM headquarters facility, Miami-Doral, Florida
(sec. 2109)
The Senate amendment contained a provision (sec. 2109)
that would require amendments to the existing ground lease
agreement between the United States Government and the State of
Florida for the land proposed as the site of a new headquarters
for the U.S. Southern Command (SOUTHCOM) before the Secretary
of the Army could begin construction of the headquarters. The
amendment would allow flexibility for the use of this facility
by other federal agencies in the event future requirements
change, and would require the lease term to extend to 2055
rather than for 20 years.
The House bill contained a similar provision (sec. 2834).
The House recedes.
The conferees understand the State of Florida is willing
to make these modifications to the lease agreement.
TITLE XXII--NAVY
Budget Items
Summary
The budget request for Navy military construction
included ``placeholders'' of $382.9 million related to
facilities to support the administration's ``Grow the Force''
proposal to increase the size of the Marine Corps. On April 20,
2007, the Navy provided a detailed breakout and supporting
budget justification materials to Congress requesting a
specific allocation of these funds. While this was not an
official administration budget amendment, the conferees have
reviewed this request and included these proposed changes in
the conference agreement. These projects are identified in the
State list table included in this report.
The conferees have reduced the amounts authorized to be
appropriated for fiscal year 2008 for projects for which a
substantial amount of the full cost of the project cannot be
executed in fiscal year 2008, including a submarine magnetic
silencing facility at Pearl Harbor, Hawaii, and the Kilo Wharf
project in Guam. The conferees have provided full project
authorizations for these projects, and these reductions to the
authorization of appropriations were made without prejudice to
the projects. The conferees encourage the Navy to request the
balance of the funding for these projects in the fiscal year
2009 budget.
Legislative Provisions Adopted
Authorized Navy construction and land acquisition projects (sec. 2201)
The House bill contained a provision (sec. 2201) that
would authorize military construction projects for the active
component of the Navy and Marine Corps for fiscal year 2008.
The Senate amendment contained a similar provision (sec.
2201).
The conference agreement includes this provision.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table at the beginning of the statement of
managers of Division B of this conference report provides the
binding list of specific construction projects authorized at
each location.
Family housing (sec. 2202)
The House bill contained a provision (sec. 2202) that
would authorize new construction and planning and design of
family housing units for the Navy for fiscal year 2008. It
would also authorize funds for facilities that support family
housing, including housing management offices and housing
maintenance and storage facilities.
The Senate amendment contained a similar provision (sec.
2202).
The conference agreement includes this provision.
Improvements to military family housing units (sec. 2203)
The House bill contained a provision (sec. 2203) that
would authorize funding for fiscal year 2008 to improve
existing Navy and Marine Corps family housing units.
The Senate amendment contained an identical provision
(sec. 2203).
The conference agreement includes this provision.
Authorization of appropriations, Navy (sec. 2204)
The House bill contained a provision (sec. 2204) that
would authorize appropriations for the active component
military construction and family housing projects of the
Department of the Navy for fiscal year 2008. This provision
would also provide an overall limit on the cost of the fiscal
year 2008 military construction and family housing projects
authorized for the active-duty component of the Navy and Marine
Corps.
The Senate amendment contained a similar provision (sec.
2204).
The conference agreement includes this provision.
Termination of authority to carry out fiscal year 2007 Navy projects
for which funds were not appropriated (sec. 2205)
The Senate amendment contained a provision (sec. 2205)
that would repeal the project authorizations and authorization
of appropriations for Navy military construction projects
authorized in fiscal year 2007 for which no funds were
appropriated. No appropriations were provided in fiscal year
2007 for projects that were authorized but were not included in
the President's original budget request.
The House bill contained no similar provision.
The House recedes.
The entire list of fiscal year 2007 active-component Navy
projects for which the authorizations would be repealed
follows. The conferees have provided new authorizations for
some of these projects for fiscal year 2008. Those projects
that received new fiscal year 2008 authorizations can be found
in the State list of fiscal year 2008 projects contained in
this report.
The conferees urge the Department of Defense and the
military departments to review any projects on this list that
are not authorized and appropriated in fiscal year 2008 and re-
insert those projects, if the requirements are still valid, in
the fiscal year 2009 future-years defense program.
[GRAPHIC] [TIFF OMITTED] TR477.334
Modification of authority to carry out certain fiscal year 2005 project
(sec. 2206)
The Senate amendment contained a provision (sec. 2206)
that would amend section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2005 (Public Law 108-375) as
amended by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2006 (Public Law 109-163),
and further amended by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2007 (Public Law
109-364), to increase the authorized cost for a project at the
Strategic Weapons Facility, Bangor, Washington.
The House bill contained no similar provision.
The House recedes.
The conferees note that this increase was requested by
the Department of the Navy.
Repeal of authorization for construction of Navy outlying landing
field, Washington County, North Carolina (sec. 2207)
The House bill contained a provision (sec. 2205) that
would amend section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2004 (Public Law 108-136), as
amended, and section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2005 (Public Law 108-375), as
amended, to repeal the authority for construction of an
outlying landing field at Washington County, North Carolina.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees expect the Department of the Navy to
request new authorization for an outlying field once a study of
the impact to the environment is completed and a site is
selected.
TITLE XXIII--AIR FORCE
Legislative Provisions Adopted
Authorized Air Force construction and land acquisition projects (sec.
2301)
The House bill contained a provision (sec. 2301) that
would authorize Air Force military construction projects for
fiscal year 2008.
The Senate amendment contained a similar provision (sec.
2301).
The conference agreement includes this provision.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table at the beginning of the statement of
managers of Division B of this conference report provides the
binding list of specific construction projects authorized at
each location.
Family housing (sec. 2302)
The House bill contained a provision (sec. 2302) that
would authorize new construction and planning and design of
family housing units for the Air Force for fiscal year 2008. It
would also authorize funds for facilities that support family
housing, including housing management offices and housing
maintenance and storage facilities.
The Senate amendment contained an identical provision
(sec. 2302).
The conference agreement includes this provision.
Improvements to military family housing units (sec. 2303)
The House bill contained a provision (sec. 2303) that
would authorize funding for fiscal year 2008 to improve
existing Air Force family housing units.
The Senate amendment contained an identical provision
(sec. 2303).
The conference agreement includes this provision.
Authorization of appropriations, Air Force (sec. 2304)
The House bill contained a provision (sec. 2304) that
would authorize appropriations for the active component
military construction and family housing projects of the Air
Force for fiscal year 2008. This provision would also provide
an overall limit on the cost of the fiscal year 2008 military
construction and family housing projects authorized for the
active-duty component of the Air Force.
The Senate amendment contained a similar provision (sec.
2304).
The conference agreement includes this provision.
Termination of authority to carry out fiscal year 2007 Air Force
projects for which funds were not appropriated (sec. 2305)
The Senate amendment contained a provision (sec. 2305)
that would repeal the project authorizations and authorization
of appropriations for Air Force military construction projects
authorized in fiscal year 2007 for which no funds were
appropriated. No appropriations were provided in fiscal year
2007 for projects that were authorized but were not included in
the President's original budget request.
The House bill contained no similar provision.
The House recedes with an amendment that would provide an
exception for projects for which a contract was awarded during
fiscal year 2007. The conferees note that this would apply only
to a project at Robins Air Force Base, Georgia.
The entire list of fiscal year 2007 active-component Air
Force projects for which the authorizations would be repealed
follows. The conferees have provided new authorizations for
some of these projects for fiscal year 2008. Those projects
that received new fiscal year 2008 authorizations can be found
in the State list of fiscal year 2008 projects contained in
this report.
The conferees urge the Department of Defense and the
military departments to review any projects on this list that
are not authorized and appropriated in fiscal year 2008 and re-
insert those projects, if the requirements are still valid, in
the fiscal year 2009 future-years defense program.
[GRAPHIC] [TIFF OMITTED] TR477.335
Modification of authority to carry out certain fiscal year 2006 project
(sec. 2306)
The House bill contained a provision (sec. 2305) that
would amend section 2301 of the Military Construction
Authorization Act for Fiscal Year 2006 (Division B of Public
Law 109-163) to increase project authorizations for MacDill Air
Force Base, Florida by $25.0 million.
The Senate amendment contained a similar provision (sec.
2306).
The Senate recedes.
The conferees note that this increase was requested by
the Department of Defense in its legislative proposal to
Congress.
Extension of authorizations of certain fiscal year 2005 projects (sec.
2307)
The Senate amendment contained a provision (sec. 2307)
that would extend the authorization for several fiscal year
2005 Air Force military construction projects until October 1,
2008, or the date of enactment of an act authorizing funds for
military construction for fiscal year 2009, whichever is later.
The House bill contained a similar list of extensions in
a broader provision extending authorizations for certain fiscal
year 2005 projects across the Department of Defense (sec.
2702).
The House recedes with a technical amendment.
The conferees note that these extensions were requested
by the Air Force.
Extension of authorizations of certain fiscal year 2004 projects (sec.
2308)
The Senate amendment contained a provision (sec. 2308)
that would extend the authorization for certain fiscal year
2005 Air Force military construction projects until October 1,
2008, or the date of enactment of an act authorizing funds for
military construction for fiscal year 2009, whichever is later.
The House bill contained an identical list of extensions
in a broader provision extending authorizations for certain
fiscal year 2004 projects across the Department of Defense
(sec. 2703).
The House recedes with a technical amendment.
The conferees note that these extensions were requested
by the Department of Defense in their legislative proposal to
Congress.
TITLE XXIV--DEFENSE AGENCIES
Budget Items
Summary
The Department of Defense requested funding for chemical
demilitarization as a new separate funding title. The
conference agreement continues to fund this program in title
XXIV, as in previous years.
The conferees have reduced the amounts authorized to be
appropriated for fiscal year 2008 for projects for which a
substantial amount of the full cost of the project cannot be
executed in fiscal year 2008, including a Special Operations
facility at Dam Neck, Virginia, and a Defense Logistics Agency
project at Point Loma, California. The conferees have provided
full project authorizations for these projects, and these
reductions to the authorization of appropriations were made
without prejudice to the projects. The conferees encourage the
Department to request the balance of the funding for these
projects in the fiscal year 2009 budget.
No authorization was provided for a Special Operations
Forces headquarters facility at Little Creek, Virginia, based
on information from the Commander, United States Special
Operations Command, that this project is not required at this
time.
Legislative Provisions Adopted
Authorized defense agencies construction and land acquisition projects
(sec. 2401)
The House bill contained a provision (sec. 2401) that
would authorize military construction projects for the defense
agencies for fiscal year 2008.
The Senate amendment contained a similar provision (sec.
2401).
The conference agreement includes this provision.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table at the beginning of the statement of
managers of Division B of this conference report provides the
binding list of specific construction projects authorized at
each location.
Energy conservation projects (sec. 2402)
The House bill contained a provision (sec. 2402) that
would authorize the Secretary of Defense to carry out energy
conservation projects.
The Senate amendment contained a similar provision (sec.
2402).
The House recedes with a technical amendment.
Authorization of appropriations, defense agencies (sec. 2403)
The House bill contained a provision (sec. 2404) that
would authorize appropriations for the military construction
projects of the defense agencies for fiscal year 2008. This
provision would also provide an overall limit on the cost of
the fiscal year 2008 military construction projects authorized
for the defense agencies.
The Senate amendment contained a similar provision (sec.
2403).
The conference agreement includes this provision.
Termination or modification of authority to carry out fiscal year 2007
defense agencies projects (sec. 2404)
The Senate amendment contained a provision (sec. 2404)
that would repeal the project authorizations and authorization
of appropriations for defense agency military construction
projects authorized in fiscal year 2007 for which no funds were
appropriated. No appropriations were provided in fiscal year
2007 for projects that were authorized but were not included in
the President's original budget request.
The House bill contained no similar provision.
The House recedes with a technical amendment.
The entire list of fiscal year 2007 defense agency
projects for which the authorizations would be repealed
follows. The conferees have provided new authorizations for
some of these projects for fiscal year 2008. Those projects
that received new fiscal year 2008 authorizations can be found
in the State list of fiscal year 2008 projects contained in
this report.
The conferees urge the Department of Defense to review
any projects on this list that are not authorized and
appropriated in fiscal year 2008 and re-insert those projects,
if the requirements are still valid, in the fiscal year 2009
future-years defense program.
[GRAPHIC] [TIFF OMITTED] TR477.336
Munitions demilitarization facilities, Blue Grass Army Depot, Kentucky,
and Pueblo Chemical Activity, Colorado (sec. 2405)
The Senate amendment contained a provision (sec. 2406)
that would permit the Secretary of Defense to transfer, subject
to certain certifications, authorizations in this Act for
military construction for the defense agencies in order to
provide additional funds to accelerate the construction of
previously authorized facilities for the destruction of
chemical weapons at Blue Grass Army Depot, Kentucky, and Pueblo
Chemical Activity, Colorado. The amendment would set forth a
maximum amount that could be transferred for each facility.
The House bill contained no similar provision.
The House recedes with a technical amendment. The
conferees expect any authorizations transferred under the
authority of this section to be derived from bid savings, not
from the cancellation of other projects.
Extension of authorizations of certain fiscal year 2005 projects (sec.
2406)
The Senate amendment contained a provision (sec. 2405)
that would extend the authorization for certain fiscal year
2005 military construction projects until October 1, 2008, or
the date of enactment of an act authorizing funds for military
construction for fiscal year 2009, whichever is later.
The House bill contained an identical list of extensions
in a broader provision extending authorizations for certain
fiscal year 2005 projects across the Department of Defense
(sec. 2702).
The House recedes with a technical amendment.
Legislative Provision Not Adopted
Wounded warrior facility support
The House bill contained a provision (sec. 2405) that
would reallocate funding in the base closure account to
accelerate or enhance medical care facilities related to the
establishment of the Walter Reed National Medical Center.
The Senate amendment contained no similar provision.
The House recedes.
The conference outcome is reflected in the tables in this
conference report. The conferees note that the elements of this
provision were incorporated in the budget amendment submitted
by the President on October 22, 2007, and are authorized in
title XXIX of this Act.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Legislative Provisions Adopted
Authorized NATO construction and land acquisition projects (sec. 2501)
The House bill contained a provision (sec. 2501) that
would authorize the Secretary of Defense to make contributions
to the North Atlantic Treaty Organization (NATO) Security
Investment Program in an amount equal to the sum of the amount
specifically authorized in section 2502 of this title and the
amount of recoupment due to the United States for construction
previously financed by the United States.
The Senate amendment contained an identical provision
(sec. 2501).
The conference agreement includes this provision.
Authorization of appropriations, NATO (sec. 2502)
The House bill contained a provision (sec. 2502) that
would authorize appropriations of $201.4 million for the United
States' contribution to the North Atlantic Treaty Organization
(NATO) Security Investment Program for fiscal year 2008.
The Senate amendment contained an identical provision
(sec. 2502).
The conference agreement includes this provision.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Budget Items
The conference agreement includes specific project
authorizations for Guard and reserve projects, in accordance
with the long-standing process used for active component
construction projects, in addition to the traditional
authorization of appropriations for Guard and reserve projects.
Items of Special Interest
Unspecified minor construction, Army National Guard
The conferees agree that of the funds authorized for
appropriation for unspecified minor construction for the Army
National Guard, the following amounts may be made available:
Marana, Arizona, fire station, Silverbell Army Heliport, $2.0
million; Camp Dodge, Iowa, main entrance, $1.5 million; Camp
Perry, Ohio, base engineering, operations, and classroom
facility, $1.5 million; Newton Falls, Ohio, training building
(#813) alteration, Ravenna Training and Logistics Site, $1.5
million; Kenai, Alaska, add/alter readiness center, $1.4
million; and Northfield, Vermont, billeting, regional readiness
tech center, $1.5 million.
Unspecified minor construction, Air National Guard
The conferees agree that of the funds authorized for
appropriation for unspecified minor construction for the Air
National Guard, the following amounts may be made available:
Duluth, Minnesota, replace storage facilities, $1.5 million;
and Rapid City, South Dakota, joint force headquarters,
$900,000.
Legislative Provisions Adopted
Authorized Army National Guard construction and land acquisition
projects (sec. 2601)
The Senate amendment contained a provision (sec. 2601)
that would authorize military construction projects for the
Army National Guard for fiscal year 2008.
The House bill contained no similar provision.
The House recedes with an amendment modifying the list of
projects authorized in this Act.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table at the beginning of the statement of
managers of Division B of this conference report provides the
binding list of specific construction projects authorized at
each location.
Authorized Army Reserve construction and land acquisition projects
(sec. 2602)
The Senate amendment contained a provision (sec. 2602)
that would authorize military construction projects for the
Army Reserve for fiscal year 2008.
The House bill contained no similar provision.
The House recedes with an amendment modifying the list of
projects authorized in this Act.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table at the beginning of the statement of
managers of Division B of this conference report provides the
binding list of specific construction projects authorized at
each location.
Authorized Navy Reserve and Marine Corps Reserve construction and land
acquisition projects (sec. 2603)
The Senate amendment contained a provision (sec. 2603)
that would authorize military construction projects for the
Navy Reserve and Marine Corps Reserve for fiscal year 2008.
The House bill contained no similar provision.
The House recedes with an amendment modifying the list of
projects authorized in this Act.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table at the beginning of the statement of
managers of Division B of this conference report provides the
binding list of specific construction projects authorized at
each location.
Authorized Air National Guard construction and land acquisition
projects (sec. 2604)
The Senate amendment contained a provision (sec. 2604)
that would authorize military construction projects for the Air
National Guard for fiscal year 2008.
The House bill contained no similar provision.
The House recedes with an amendment modifying the list of
projects authorized in this Act.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table at the beginning of the statement of
managers of Division B of this conference report provides the
binding list of specific construction projects authorized at
each location.
Authorized Air Force Reserve construction and land acquisition projects
(sec. 2605)
The Senate amendment contained a provision (sec. 2605)
that would authorize military construction projects for the Air
Force Reserve for fiscal year 2008.
The House bill contained no similar provision.
The House recedes.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table at the beginning of the statement of
managers of Division B of this conference report provides the
binding list of specific construction projects authorized at
each location.
Authorization of appropriations, National Guard and Reserve (sec. 2606)
The House bill contained a provision (sec. 2601) that
would authorize appropriations for reserve component military
construction projects for fiscal year 2008.
The Senate amendment contained a similar provision (sec.
2606).
The conference agreement includes this provision.
Termination of authority to carry out fiscal year 2007 Guard and
Reserve projects for which funds were not appropriated (sec.
2607)
The Senate amendment contained a provision (sec. 2607)
that would repeal the project authorizations and authorization
of appropriations for reserve component military construction
projects authorized in fiscal year 2007 for which no funds were
appropriated. No appropriations were provided in fiscal year
2007 for projects that were authorized but were not included in
the President's original budget request.
The House bill contained no similar provision.
The House recedes.
The entire list of fiscal year 2007 reserve component
projects for which the authorizations would be repealed
follows. The conferees have provided new authorizations for
some of these projects for fiscal year 2008. Those projects
that received new fiscal year 2008 authorizations can be found
in the State list of fiscal year 2008 projects contained in
this report.
The conferees urge the Department of Defense and the
military departments to review any projects on this list that
are not authorized and appropriated in fiscal year 2008 and re-
insert those projects, if the requirements are still valid, in
the fiscal year 2009 future-years defense program.
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[GRAPHIC] [TIFF OMITTED] TR477.338
Modification of authority to carry out fiscal year 2006 Air Force
Reserve construction and acquisition projects (sec. 2608)
The Senate amendment contained a provision (sec. 2608)
that would reduce the authorization of appropriations for
fiscal year 2006 Air Force Reserve projects. The provision
would eliminate the authorization to convert a hanger into a
headquarters for a C-17 unit at Elmendorf Air Force Base,
Alaska.
The House bill included no similar provision.
The House recedes.
Extension of authorizations of certain fiscal year 2005 projects (sec.
2609)
The Senate amendment contained a provision (sec. 2609)
that would extend the authorization of certain fiscal year 2005
military construction projects until October 1, 2008, or the
date of enactment of an act authorizing funds for military
construction for fiscal year 2009, whichever is later.
The House bill contained an identical list of extensions
in a broader provision extending authorizations for certain
fiscal year 2005 projects across the Department of Defense
(sec. 2702).
The House recedes with a technical amendment.
Extension of authorizations of certain fiscal year 2004 projects (sec.
2610)
The Senate amendment contained a provision (sec. 2610)
that would extend the authorization for certain fiscal year
2005 Army National Guard military construction projects until
October 1, 2008, or the date of enactment of an act authorizing
funds for military construction for fiscal year 2009, whichever
is later.
The House bill contained an identical list of extensions
in a broader provision extending authorizations for certain
fiscal year 2004 projects across the Department of Defense
(sec. 2703).
The House recedes with a technical amendment.
The conferees note that these extensions were requested
by the Department of Defense in their legislative proposal to
Congress.
TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES
Budget Items
Summary and explanation of tables
The budget request included $220.7 million for the
ongoing cost of environmental remediation and other activities
necessary to continue implementation of the 1988, 1991, 1993,
and 1995 Base Realignment and Closure (BRAC) rounds. The
conference agreement authorizes funding for these activities in
section 2701 of this Act, including an increase of $75.0
million to accelerate the cleanup of BRAC properties.
In addition, the budget requested an authorization of
appropriations of $8.2 billion for implementation of the 2005
BRAC round. Section 2703 of this Act authorizes appropriations
requested for BRAC activities in fiscal year 2008. Included in
the $8.2 billion requested for BRAC is an authorization of
appropriations for $6.4 billion in military construction
projects that would be initiated in fiscal year 2008. The full
project authorization amount of these projects is $8.7 billion.
Section 2702 of this Act provides the authorization for these
projects.
The conference agreement includes a general reduction to
the BRAC 2005 account that does not reduce the amount
authorized for any specific project.
The following table provides the specific amount
authorized for each BRAC military construction project as well
as the amount authorized for appropriations for all BRAC
activities, including military construction, environmental
costs, relocation and other operation and maintenance costs,
permanent change of station costs for military personnel, and
other BRAC costs.
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Legislative Provisions Adopted
Authorization of appropriations for base closure and realignment
activities funded through Department of Defense Base Closure
Account 1990 (sec. 2701)
The Senate amendment contained a provision (sec. 2701)
that would authorize appropriations for fiscal year 2008 for
ongoing activities that are required to implement the decisions
of the 1988, 1991, 1993, and 1995 base realignment and closure
(BRAC) rounds.
The House bill contained a similar provision (section
2404(a)(8)).
The House recedes with an amendment to the amount
authorized.
Authorized base closure and realignment activities funded through
Department of Defense base closure account 2005 (sec. 2702)
The House bill contained a provision (sec. 2403) that
would authorize military construction projects for fiscal year
2008 that are required to implement the decisions of the 2005
Defense Base Realignment and Closure round.
The Senate amendment contained a similar provision (sec.
2702).
The House recedes with an amendment to the amounts
authorized.
The table included in this title of the report lists the
specific amounts authorized at each location.
Authorization of appropriations for base closure and realignment
activities funded through Department of Defense Base Closure
Account 2005 (sec. 2703)
The House bill contained a provision (sec. 2404(a)(9))
that would authorize appropriations for the Department of
Defense for military construction projects for fiscal year 2008
that are required to implement the decisions of the 2005
Defense Base Realignment and Closure round.
The Senate amendment contained a similar provision (sec.
2703) that would also specify the amount authorized for each
military department and for the defense agencies.
The House recedes with an amendment to the amounts
authorized.
The State list contained in this report is the binding
list of the specific projects authorized at each location for
the purposes of notifications under section 2704 of this Act.
Authorized cost and scope of work variations (sec. 2704)
The Senate amendment contained a provision (sec. 2704)
that would require that each Base Realignment and Closure
(BRAC) military construction project carried out with amounts
authorized for appropriations by sections 2701 and 2703 of this
title be subject to the limits on cost and scope variations
contained in section 2853 of title 10, United States Code.
Furthermore, this provision would establish, as a baseline for
the determination of variations, the cost and scope contained
in the military construction project data for each project
provided to the congressional defense committees annually in
justification material accompanying each President's budget
request.
The House bill contained no similar provision.
The House recedes with an amendment to the thresholds
that trigger cost variation reports and would require a one-
time report on cost or scope variations on existing BRAC
construction projects for the 2005 base closure round. The
amendment would also establish the amount specified for such
projects in the annual military construction authorization act
as the baseline for reporting.
Transfer of funds from Department of Defense Base Closure Account 2005
to Department of Defense Housing Funds (sec. 2705)
The House bill contained a provision (sec. 2821) that
would authorize the Secretary of Defense to transfer funds from
the Department of Defense (DOD) Base Closure and Realignment
(BRAC) account to the DOD Family Housing Improvement Fund
(FHIF), enabling the use of the privatization authorities to
meet the family housing requirements associated with the 2005
BRAC recommendations. It also would allow similar transfers of
funds to the Military Unaccompanied Housing Improvement Fund
(MUHIF).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would add a
certification to the notice of transfer. This notice would
require the Department of Defense Base Closure Account 2005
funds, used in the transfer to the FHIF or the MUHIF, to be
specified for that purpose in the conference report that
accompanies the most recent Military Construction Authorization
Act.
Comprehensive accounting of funding required to ensure timely
implementation of 2005 Defense Base Closure and Realignment
Commission recommendations (sec. 2706)
The Senate amendment contained a provision (sec. 2842)
that would require the Secretary of Defense to submit to
Congress a comprehensive accounting of the funding required to
ensure all decisions of the 2005 Defense Base Closure and
Realignment round remain on schedule to be completed by
September 15, 2011.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Relocation of units from Roberts United States Army Reserve Center and
Navy-Marine Corps Reserve Center, Baton Rouge, Louisiana (sec.
2707)
The Senate amendment contained a provision (sec. 2611)
that would permit the Secretary of the Army to use land in the
vicinity of the Baton Rouge airport in Baton Rouge, Louisiana
to site an Army Reserve Center and a Navy-Marine Corps Reserve
Center, if such location was determined by the Secretary to be
in the national security and public interest of the Nation.
The House bill contained no similar provision.
The House recedes with an amendment clarifying that the
funds authorized to be appropriated for base closure in this
Act may be used to locate the reserve centers on a more
suitable piece of property in the same vicinity as the airport.
The conferees understand that the Department of the Army agrees
that an alternate parcel not adjacent to the airport is more
suitable for carrying out the intent of the 2005 Defense Base
Closure and Realignment Commission's recommendation for reserve
component transformation in Louisiana.
Acquisition of real property, Fort Belvoir, Virginia, as part of the
realignment of the installation (sec. 2708)
The House bill contained a provision (sec. 2837) that
would direct the Secretary of the Army to enter into an
agreement with the Administrator of the General Services
Administration (GSA) to exchange property for the purpose of
making a parcel of GSA property in Springfield, Virginia,
available for incorporation into Fort Belvoir, Virginia.
The Senate amendment contained a similar provision (sec.
2853) that would permit the Secretary to enter into an
agreement to transfer jurisdiction of the Springfield parcel to
the Army. The Senate amendment would also allow the Army to
provide additional forms of compensation to the Administrator.
The Senate recedes with an amendment that would allow the
Secretary to consider and purchase other parcels in the
vicinity of Fort Belvoir, in addition to the GSA property, for
the purpose of relocating personnel to that installation. The
conferees agree to require the Secretary to select any
additional parcel of property not currently part of Fort
Belvoir on the basis of best value and to use competitive
procedures to acquire any such parcel of privately held land
and real property.
The conferees note that the Army has already begun the
process of evaluating alternate sites and support the Army's
goal of relocating employees of the Washington Headquarters
Service to Fort Belvoir in a way that minimizes costs and
traffic congestion and facilitates compliance with the
September 2011 deadline.
Report on availability of traffic infrastructure and facilities to
support base realignments (sec. 2709)
The House bill contained a provision (sec. 2822) that
would prohibit the relocation of members of the armed forces
and civilian employees of the Department of Defense who are
scheduled to be relocated to Fort Belvoir, Virginia, as a
result of the closure of leased-office space in Arlington,
Virginia, pursuant to the recommendations of the 2005 Defense
Base Closure and Realignment Commission. This limitation would
be obviated when the Secretary of the Army certified that the
necessary transportation infrastructure, as identified by the
Fort Belvoir Environmental Impact Statement, to accommodate the
total number of military members, military dependents, and
civilian employees to be assigned to Fort Belvoir is
substantially completed.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would state the
sense of Congress that the Department should consider roads at
military installations significantly impacted by a realignment
of forces for designation as defense access roads and that the
Secretary of Defense should ensure that the full range of
permanent facilities are in place and ready for use prior to
the movement of members of the armed forces, civilian
employees, and their families. The amendment would also direct
the Comptroller General to submit to the congressional defense
committees, not later than April 1, 2008, an assessment of
significantly impacted installations for the purpose of
determining whether military facility requirements will be met
before the arrival of forces and whether sufficient funding has
been programmed in the Defense Access Roads program to mitigate
community traffic congestion.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Authority to use operation and maintenance funds for construction
projects outside the United States (sec. 2801)
The House bill contained a provision (sec. 2806) that
would further amend section 2808 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136), as
amended, to extend for 1 year, through the end of fiscal year
2008, the temporary authority provided to the Secretary of
Defense to use funds appropriated for operation and maintenance
to carry out construction projects intended to satisfy certain
operational requirements in support of a declaration of war,
national emergency, or other contingency. The House bill would
require advance notification to Congress of such projects.
The Senate amendment contained a similar provision (sec.
2814) that would also extend the authority for 1 year and would
remove the Secretary's authority to waive the annual dollar
limitation on this authority.
The Senate recedes with an amendment that would remove
the authority to waive the dollar limitation and would also
allow the Department of Defense to use this authority
retroactively for nine fiscal year 2007 projects the Department
intended to execute in September 2007, but which they were
precluded from executing due to the suspension of this
authority resulting from the failure to provide timely
notification to Congress regarding the obligation of funds for
other such fiscal year 2007 projects. The nine projects are:
(1) MUNS storage area, Balad Air Base (AB), $22.0
million;
(2) MNSTC-I beddown barracks, Camp Phoenix, $37.0
million;
(3) CSAR helicopter ramp, Balad AB, $9.7 million;
(4) Airfield overruns, Balad AB, $15.5 million;
(5) Strategic fuel reserve, Camp Speicher, $19.0
million;
(6) Aeromedical evacuation compound, Balad AB,
$15.3 million;
(7) DS Maintenance facility (FY2005), Balad AB,
$10.8 million;
(8) Dining facility #5 (FY2004), Balad AB, $15.2
million; and
(9) Pave Aspen connectors, Kuwait, various sites,
$11.6 million.
All nine of these projects are in Iraq except as noted.
The conferees believe the Department requires some
flexibility to meet emerging war-related facility needs, but
expect the Department to use this authority more judiciously in
the future.
Clarification of requirement for authorization of military construction
(sec. 2802)
The Senate amendment contained a provision (sec. 2818)
that would amend sections 2801(a) and 2802(a) of title 10,
United States Code, to add land acquisitions and defense access
road projects to the definition of military construction and to
the types of projects for which the Secretary of Defense and
the secretaries of the military departments would be permitted
to carry out once authorized by law.
The House bill contained no similar provision.
The House recedes.
The conferees intend for the Secretary of Defense or the
secretaries of the military departments to include in each
annual budget submission a request for specific authorization
for each land acquisition and defense access road project to be
carried out using appropriations for military construction. The
request should be listed either as a separate project, or
clearly indicated in the military construction project data in
the justification material in support of the budget request if
the land acquisition or defense access road is proposed to be
carried out as part of a larger military construction project.
The conferees intend this provision to clarify what they
believe to be the requirements under existing law.
Increase in thresholds for unspecified minor military construction
projects (sec. 2803)
The Senate amendment contained a provision (sec. 2813)
that would amend section 2805(a)(1) of title 10, United States
Code, by raising the threshold of the cost of a minor
construction project authorized by this section from $1.5
million to $2.5 million. This provision would also raise the
threshold of the cost of a construction project intended solely
to correct a deficiency that is life-threatening, health-
threatening, or safety-threatening from $3.0 million to $4.0
million.
The House bill contained no similar provision.
The House recedes with an amendment that would raise the
threshold of the cost of a minor construction project
authorized by section 2805(a)(1) of title 10, United States
Code, from $1.5 million to $2.0 million.
Temporary authority to support revitalization of Department of Defense
laboratories through unspecified minor military construction
projects (sec. 2804)
The House bill contained a provision (sec. 2801) that
would provide the Department of Defense (DOD) with additional
authority to improve DOD laboratories using minor construction
authorities similar to those already contained in section 2805
of title 10, United States Code. The temporary authority would
expire on September 30, 2012.
The Senate amendment contained a similar provision (sec.
2815).
The Senate recedes with a clarifying amendment.
Extension of authority to accept equalization payments for facility
exchanges (sec. 2805)
The House bill contained a provision (sec. 2805) that
would extend the authority provided in section 2809 of the
Ronald W. Reagan National Defense Authorization Act for Fiscal
Year 2005 (Public Law 108-375) by an additional 3 years, until
September 30, 2010.
The Senate amendment contained a similar provision (sec.
2817).
The House recedes.
Modifications of authority to lease military family housing (sec. 2806)
The House bill contained a provision (sec. 2802) that
would amend section 2828 of title 10, United States Code, by
raising from $500,000 to $1.0 million in annual rental payments
the threshold for which prior congressional notification of
overseas leases is required.
The Senate amendment contained a similar provision (sec.
2851) that would also modify section 2828 of title 10, United
States Code, to grant the Secretary of the Army additional
authority to enter into high-cost leases for up to 600 units in
the United States and set an annual per unit ceiling of
$100,000 on the cost of any overseas leased unit. The provision
would also combine and consolidate the existing authorities for
high-cost leases in Italy for the Army and the Navy into a
single limit applicable to the entire Department of Defense.
The House recedes with an amendment that would delete the
proposed maximum cost ceiling on a foreign leased unit but
would require the Secretary of Defense to report to the
congressional defense committees on leases in foreign countries
costing in excess of $60,000 per unit per year. The report
would include the requirement for such high-cost leases and the
options available to decrease those costs. The conferees note
that the military departments have already identified to the
committees leases costing in excess of $100,000 per unit per
year and intend to use this report to evaluate options for
addressing this issue in the future.
The conferees believe the administration's proposal to
increase the per unit cost ceiling on leased units in Korea is
unaffordable. The conferees support the continued consolidation
of forces in Korea and urge the Department of Defense to pursue
other means to provide adequate family housing in Korea.
Expansion of authority to exchange reserve component facilities (sec.
2807)
The House bill contained a provision (sec. 2804) that
would expand the authority of the Secretary of Defense to
exchange reserve component facilities with other federal
agencies including the United States Postal Service.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Limitation on use of alternative authority for acquisition and
improvement of military housing for privatization of temporary
lodging facilities (sec. 2808)
The House bill contained a provision (sec. 2803) that
would limit the privatization of Army lodging to 13
installations. The provision would also direct the Secretary of
the Army to submit a report not later than June 1, 2009 that
would describe the implementation of the pilot program and
evaluate its efficiency, and would direct the Comptroller
General to submit to the congressional defense committees an
assessment of the pilot program and of the Secretary's report.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that limits the
privatization of Army lodging to 13 military installations
until 120 days after the Secretary of the Army submits a report
to the congressional defense committees and the Comptroller
General. The Secretary of the Army's report shall be submitted
no earlier than 8 months after a notice of transfer associated
with the 13 military installations, and shall describe the
implementation of the privatization of temporary lodging
facilities, evaluate the efficiency of the program, and include
any recommendations the Secretary of the Army considers
appropriate regarding the expansion of the program.
The amendment would also direct the Comptroller General
to submit a report to the congressional defense committees
within 90 days of the Secretary of the Army's report that
reviews both the privatization of temporary lodging facilities
and the report of the Secretary.
Additional solicitations for the privatization of
temporary lodging facilities would be permitted 120 days after
Congress receives the report from the Secretary of the Army.
Two-year extension of temporary program to use minor military
construction authority for construction of child development
centers (sec. 2809)
The Senate amendment contained a provision (sec. 2816)
that would amend section 2810 of the Military Construction
Authorization Act for Fiscal Year 2006 (Division B of Public
Law 109-163) to extend by 2 years the temporary authority
provided to the Secretary of Defense to use higher minor
construction thresholds for the construction of child
development centers.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Report on housing privatization initiatives (sec. 2810)
The Senate amendment contained a provision (sec. 2866)
that would require the Comptroller General to submit to the
Committees on Armed Services of the Senate and House of
Representatives a report containing information on housing
privatization transactions carried out by the Department of
Defense that are behind schedule or in default. The report
would describe remedies available to address the problems with
these projects.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Subtitle B--Real Property and Facilities Administration
Requirement to report real property transactions resulting in annual
costs of more than $750,000 (sec. 2821)
The Senate amendment contained a provision (sec. 2831)
that would amend section 2662 of title 10, United States Code,
to require the Secretary of Defense, the secretaries of the
military departments, or their designees, to notify Congress
prior to entering into a transaction or contract action that
results in or includes the acquisition, lease or license, or
any other use by entities of the Department of Defense of real
property if the estimated annual rental or cost is more than
$750,000.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Consolidation of real property provisions without substantive change
(sec. 2822)
The House bill contained a provision (sec. 2811) that
would consolidate the real property authorities provided under
sections 2663 and 2677 of title 10, United States Code, as
requested by the Department of Defense.
The Senate amendment contained a similar provision (sec.
2835).
The Senate recedes.
Modification of authority to lease non-excess property of the military
departments (sec. 2823)
The Senate amendment contained a provision (sec. 2832)
that would amend section 2667 of title 10, United States Code,
to require the secretary of a military department to use
competitive procedures to select lessees for transactions
authorized by paragraph (a) of section 2667. The provision
would also eliminate the authority for the secretary concerned
to receive in-kind consideration or to use rental and other
proceeds for facility operation support.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the secretary concerned to use procedures other than open
competition to enter into certain transactions that would
result in a benefit to the public. The amendment would also
clarify the use by the secretary concerned of in-kind
consideration, rental, or other proceeds received as a result
of the transaction.
The conferees intend the definition of real property
maintenance services used in the provision to be limited to
pavement clearance, refuse collection and disposal, grounds and
landscape maintenance, and pest control.
Cooperative agreement authority for management of cultural resources on
certain sites outside military installations (sec. 2824)
The House bill contained a provision (sec. 2812) that
would expand the authority of the Department of Defense to
enter into agreements for the management of cultural resources
on sites outside as well as inside the boundaries of military
installations if such agreements would relieve or eliminate
current or anticipated restrictions on military operations.
The Senate amendment contained a similar provision (sec.
1026).
The Senate recedes.
Agreements to limit encroachments and other constraints on military
training, testing, and operations (sec. 2825)
The House bill contained a provision (sec. 2813) that
would allow agreements to limit encroachment to provide for the
ongoing upkeep and management of buffer zones bordering defense
installations, in addition to the authority to acquire the
property provided under current law. The House bill would also
allow the fair market value of a group of related properties or
interest to be calculated cumulatively.
The Senate amendment contained a similar provision (sec.
2833) that would permit Department of Defense entities to
acquire an interest in property where the cost of acquiring the
interest exceeds the fair market value of the property, if the
Secretary of Defense or the secretary of a military department
certifies that the military value of the acquisition provides
benefits that justify a payment in excess of the fair market
value.
The Senate recedes with an amendment that would also
provide the authority to acquire interests at greater than fair
market value if the military value of the property justifies
such acquisition.
Expansion to all military departments of Army pilot program for
purchase of certain municipal services for military
installations (sec. 2826)
The House bill contained a provision (sec. 2814) that
would expand the authority of the Secretary of the Army to
purchase local government services for Department of Defense
installations from the neighboring local governments. This
expansion would allow each of the military services to conduct
a pilot program with three military installations and extend
the pilot program until September 30, 2012.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Prohibition on commercial flights into Selfridge Air National Guard
Base (sec. 2827)
The House bill contained a provision (sec. 2816) that
would prohibit the use of commercial service aircraft at
Selfridge Air National Guard Base, Michigan.
The Senate amendment contained no similar provision.
The Senate recedes.
Sense of Congress on Department of Defense actions to protect
installations, ranges, and military airspace from encroachment
(sec. 2828)
The Senate amendment contained a provision (sec. 2864)
that would include findings and state the sense of Congress
regarding development near military installations and the
Readiness and Environmental Protection Initiative (REPI)
program of the Department of Defense. The provision would also
require a report on ways the Department can improve or make
greater use of the REPI program.
The House bill contained no similar provision.
The House recedes with an amendment to modify the sense
of Congress.
Reports on Army and Marine Corps operational ranges (sec. 2829)
The Senate amendment contained a provision (sec. 2834)
that would expand a reporting requirement on changing
requirements for Army training ranges that was contained in
section 2827 of the Military Construction Authorization Act for
Fiscal Year 2007 (Division B of Public Law 109-364), to include
the impact of the proposal contained in the fiscal year 2008
budget to permanently increase the size of the active-duty
component of the Army by 65,000 personnel. The report by the
Secretary of the Army would also include an assessment of the
potential expansion of the Joint Readiness Training Center at
Fort Polk, Louisiana, and an assessment of the available
training capacity in Germany.
The provision would also add a similar reporting
requirement with respect to the proposal in the fiscal year
2008 budget request to expand the size of the Marine Corps by
27,000 personnel. This report would include an analysis of a
proposal under consideration by the Marine Corps to expand the
training range at Marine Corps Base Twentynine Palms,
California.
The House bill contained no similar provision.
The House recedes with an amendment to create a
freestanding report rather than a modification to a prior
report, and to add a requirement for the Secretary of Defense
to review and analyze the separate reports regarding the Army
and the Marine Corps and inform the congressional defense
committees of the steps the Office of the Secretary of Defense
is taking to coordinate the activities of the Army and the
Marine Corps on these matters.
The conferees expect the report by the Secretary of the
Army to be informed by the programmatic environmental impact
statement that the Army has conducted on the growth of the Army
and, to the extent possible, by the subsequent site-specific
assessments. The conferees are concerned that the Army does not
have a plan in place to provide for adequate training for an
additional six brigades, and that recent statements of intent
to accelerate the growth of the Army ahead of the schedule in
the fiscal year 2008 budget will exacerbate this problem. The
conference agreement therefore modifies the Senate provision to
require the report by the Secretary of the Army to address the
impact of any acceleration plan that is included in the fiscal
year 2009 budget request.
Niagara Air Reserve Base, New York, basing report (sec. 2830)
The House bill contained a provision (sec. 2817) that
would require the Secretary of the Air Force to submit a report
containing a plan of the aviation assets anticipated to be
based at Niagara Air Reserve Base, New York.
The Senate amendment contained an identical provision
(sec. 2841).
The House recedes with an amendment that would change the
date on which the report is due. The plan should review C-130
aircraft which could be available in the future as additional
Primary Assigned Aircraft at Niagara Air Reserve Base, beyond
the 12 currently programmed for the installation, and should
contain an analysis of the support structure available at
Niagara Air Reserve Base to accommodate such additional force
structure.
Report on the Pinon Canyon Maneuver Site, Colorado (sec. 2831)
The House bill contained a provision (sec. 2831) that
would place conditions on any expansion of the Pinon Canyon
Maneuver Site, Colorado.
The Senate amendment contained a provision (sec. 2867)
that would require the Secretary of the Army to provide a
report to the congressional defense committees on the
requirement for and impacts of an expansion of the Pinon Canyon
Maneuver Site.
The House recedes.
Subtitle C--Land Conveyances
Modification of conveyance authority, Marine Corps Base, Camp
Pendleton, California (sec. 2841)
The House bill contained a provision (sec. 2838) that
would repeal the amendment made by section 2867 of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-
107) to the underlying authority granted to the Secretary of
the Navy by section 2851 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261) to
grant an easement for a road through Camp Pendleton,
California. The House bill would remove language that limited
the effect of State law with respect to this road.
The Senate amendment contained no similar provision.
The Senate recedes.
Grant of easement, Eglin Air Force Base, Florida (sec. 2842)
The House bill contained a provision (sec. 2832) that
would grant to the Mid Bay Bridge Authority an easement for a
road right-of-way over land at Eglin Air Force Base, Florida to
facilitate the construction of a road connecting the northern
landfall of the Mid Bay Bridge to Florida State Highway 85.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment to provide the
Secretary of the Air Force the discretion to convey the
property for the intended purpose.
Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida (sec. 2843)
The House bill contained a provision (sec. 2833) that
would direct the Secretary of the Air Force to convey to
Florida State University a parcel of land consisting of
approximately 40 acres at Lynn Haven Fuel Depot, Lynn Haven,
Florida, for the purpose of permitting the university to
develop the property as a new satellite campus. The House bill
would further authorize the Secretary to accept reduced tuition
or scholarships for military personnel as in-kind consideration
for the recovery of costs to convey the property.
The Senate amendment contained a similar provision (sec.
2851) that would allow the Secretary of the Air Force to convey
the property. The Senate amendment would further provide for
the reversion of the property if at any time the Secretary
determines that the property conveyed is not being used in
accordance with the purpose as specified in the provision.
The House recedes with an amendment that would replace
the reversionary clause with a requirement that if the property
is not used for the intended purpose, the university would have
to pay the Secretary the fair market value of the property,
excluding any improvements made by the university.
Modification of lease of property, National Flight Academy at the
National Museum of Naval Aviation, Naval Air Station,
Pensacola, Florida (sec. 2844)
The Senate amendment contained a provision (sec. 2857)
that would amend section 2850(a) of the Military Construction
Authorization Act for Fiscal Year 2001 (Public Law 106-398) by
authorizing additional educational purposes to the list of uses
for which the Secretary of the Navy would be permitted to lease
certain real property, without consideration, to the Naval
Aviation Museum Foundation.
The House bill contained no similar provision.
The House recedes.
Land exchange, Detroit, Michigan (sec. 2845)
The Senate amendment contained a provision (sec. 2855)
that would authorize the Commandant of the Coast Guard to enter
into an equal-value land exchange with the City of Detroit,
Michigan.
The House bill contained no similar provision.
The House recedes with a clarifying amendment regarding
the environmental remediation of the parcels to be exchanged.
Transfer of jurisdiction, former Nike missile site, Grosse Ile,
Michigan (sec. 2846)
The House bill contained a provision (sec. 2835) that
would transfer jurisdiction over property comprising a former
Nike missile site on Grosse Ile, Michigan, from the
Environmental Protection Agency to the Department of the
Interior to incorporate the site into the Detroit River
International Wildlife Refuge.
The Senate amendment contained a similar provision (sec.
2856).
The Senate recedes with an amendment that would clarify
the process used to determine the standard of remediation
activities to be conducted and would delete the requirement
that a specific Corps of Engineers district carry out the
remediation of the property.
Modification to land conveyance authority, Fort Bragg, North Carolina
(sec. 2847)
The Senate amendment contained a provision (sec. 2852)
that would amend section 2836 of the Military Construction
Authorization Act for Fiscal Year 1998 (Public Law 105-85) to
authorize the Secretary of the Army to convey, without
consideration, to Harnett County, North Carolina, a parcel of
real property totaling 137 acres at Fort Bragg, North Carolina,
for educational purposes and the construction of public school
structures. The provision would also authorize the Secretary to
require the County to cover administrative and other costs for
the conveyance.
The House bill contained no similar provision.
The House recedes.
Land conveyance, Lewis and Clark United States Army Reserve Center,
Bismarck, North Dakota (sec. 2848)
The Senate amendment contained a provision (sec. 2854)
that would permit the Secretary of the Army to convey, without
consideration, approximately 2 acres of real property,
including improvements, at a reserve center in Bismarck, North
Dakota, to the United Tribes Technical College, to support
education and training at the college.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Land exchange, Fort Hood, Texas (sec. 2849)
The House bill contained a provision (sec. 2836) that
would authorize the Secretary of the Army to convey
approximately 200 acres at Fort Hood, Texas, to the City of
Copperas Cove, Texas, to permit the City of Copperas Cove,
Texas, to improve local roads for the installation and the
community.
The Senate amendment contained no similar provision.
The Senate recedes.
Subtitle D--Energy Security
Items of Special Interest
Energy Conversation Forum
The conferees are aware that, in the spring of 2006, the
Secretary of Defense initiated and continues to lead a monthly
interagency seminar program known as the Energy Conversation
Forum. The conferees are very encouraged that other departments
and agencies such as the Department of Energy, the Department
of State, the Department of Agriculture, the Environmental
Protection Agency, and the intelligence community have agreed
to actively participate in this important initiative.
The conferees acknowledge the considerable efforts of the
Energy Conversation Forum and continue to support the
Secretary's interagency energy education program including the
energy seminar program and energy interagency networks. The
conferees recognize that the energy security challenges faced
by the Department of Defense, the U.S. Government as a whole,
and the Nation cannot be solved by a single agency. The
conferees strongly believe that all federal agencies must work
together to achieve necessary national energy objectives of
conservation and efficiency. Therefore, the conferees encourage
the Secretary to continue efforts such as the Energy
Conversation Forum to enhance information exchange as a
necessary first step in addressing the complex energy issues
facing this nation.
Report on water conservation projects
The conferees direct the Secretary of Defense to submit
to the congressional defense committees a report on water
conservation efforts and methods in the Department of Defense.
The report should describe the Department's investment, by
type, in water conservation programs in fiscal years 2006,
2007, and 2008; the investment levels necessary to meet the
Department's water conservation requirements under Executive
Order 13423 of January 24, 2007; an assessment of whether water
conservation projects should continue to be funded inside the
Energy Conservation Investment Program or should instead be
financed in a separate water conservation program; and an
assessment of the demonstrated or potential return on
investment of various water conservation technologies including
metering, water control systems, xeriscaping, waterless
urinals, utility system upgrades, and water efficiency
standards for new or replacement equipment and appliances in
Department of Defense facilities. The report should also
include any proposed legislative changes the Secretary believes
to be necessary to allow the Department to meet its water
conservation goals. The report should be submitted not later
than March 31, 2008.
Legislative Provisions Adopted
Repeal of congressional notification requirement regarding cancellation
ceiling for Department of Defense energy savings performance
contracts (sec. 2861)
The House bill contained a provision (sec. 2851) that
would repeal section 2853 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364),
which lowered the notification ceiling for the Department of
Defense to $7.0 million, and would thereby restore the
notification ceiling to $10.0 million, consistent with the
ceiling established for all other government agencies in
section 8287(a)(2)(D)(iii) of title 42, United States Code.
The Senate amendment contained no similar provision.
The Senate recedes.
Definition of alternative fueled vehicle (sec. 2862)
The Senate amendment contained a provision (sec. 1092)
that would revise the definition of alternative fueled vehicle
in section 303(3) of the Energy Policy Act of 1992 (42 U.S.C.
13211(3)).
The House bill contained no similar provision.
The House recedes with a technical amendment.
Use of energy efficient lighting fixtures and bulbs in Department of
Defense facilities (sec. 2863)
The House bill contained a provision (sec. 2853) that
would require that each building constructed or significantly
altered by the Department of Defense is equipped, to the
maximum extent feasible, with lighting fixtures and bulbs that
are energy efficient. Further, the provision would require that
each lighting fixture or bulb that is replaced in the normal
course of maintenance of buildings under the jurisdiction of
the Secretary of Defense or the secretary of a military
department is replaced, to the maximum extent feasible, with a
lighting fixture or bulb that is energy efficient. The
provision would allow the Secretary of Defense to waive the
requirements of the section under certain conditions.
The Senate amendment contained no similar provision.
The Senate recedes.
Reporting requirements relating to renewable energy use by Department
of Defense to meet Department electricity needs (sec. 2864)
The House bill contained a provision (sec. 2854) that
would require the Secretary of Defense to ensure that the
Department of Defense produces or procures, from renewable
energy sources, not less than 25 percent of the total quantity
of electric energy it consumes within its facilities and in its
activities during fiscal year 2025 and each fiscal year
thereafter. The House provision would also prohibit the use of
leases, privatization, service contracts, or other third-party
financing means to achieve the 25 percent goal.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Under Secretary of Defense for Acquisition, Technology, and
Logistics to report annually on progress made by the Department
toward meeting the goal of producing or procuring at least 25
percent renewable energy to meet the Department's electricity
needs by 2025. These reports would include a description of the
financing methods used to procure renewable energy in the
previous fiscal year and a projection of the Department's
future use of renewable energy through fiscal year 2025.
Subtitle E--Other Matters
Revised deadline for transfer of Arlington Naval Annex to Arlington
National Cemetery (sec. 2871)
The House bill contained a provision (sec. 2861) that
would extend the current deadline for the transfer of
approximately 36 acres of land at the Arlington Naval Annex to
the Secretary of the Army for incorporation into Arlington
National Cemetery from January 1, 2010 to no later than January
1, 2013.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment to extend the
existing deadline for 1 additional year, to January 1, 2011.
Transfer of jurisdiction over Air Force Memorial to Department of the
Air Force (sec. 2872)
The House bill contained a provision (sec. 2862) that
would require the Secretary of the Army to transfer the
administrative jurisdiction, custody, and control of the Air
Force Memorial to the Secretary of the Air Force.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
the Secretary of the Army to transfer the administrative
jurisdiction, custody, and control of the Air Force Memorial to
the Secretary of the Air Force and would provide that if the
Air Force Memorial is transferred to the Secretary of the Air
Force, the United States shall not pay any costs to maintain or
repair the Air Force Memorial.
The conferees remain concerned about the requests by both
private foundations and the military services to use
appropriated funds for the maintenance of military memorials
and museums at the expense of other military requirements. The
conferees expect that original agreements signed by the private
foundations for the design, construction, and maintenance of
military memorials are carried out in good faith without
transferring a perpetual cost for maintenance and repair of the
memorial to the military services.
Report on plans to replace the monument at the Tomb of the Unknowns at
Arlington National Cemetery, Virginia (sec. 2873)
The Senate amendment contained a provision (sec. 1048)
that would require the Secretary of the Army and the Secretary
of Veterans Affairs to submit a report to Congress evaluating
the feasibility and advisability of repairing or replacing the
monument at the Tomb of the Unknowns in Arlington National
Cemetery, Virginia. The Senate amendment would prohibit either
Secretary from taking any action to replace the monument until
180 days after the report had been submitted to Congress.
The House bill contained no similar provision.
The House recedes.
Increased authority for repair, restoration, and preservation of
Lafayette Escadrille Memorial, Marnes-la-Coquette, France (sec.
2874)
The Senate amendment contained a provision (sec. 1089)
that would amend section 1065 of the National Defense
Authorization Act for fiscal year 2002 (Public Law 107-107) to
increase by $500,000 the amount the Secretary of the Air Force
is authorized to contribute towards the ongoing repair,
restoration, and preservation of the Lafayette Escadrille
Memorial in Marnes-la-Coquette, France.
The House bill contained no similar provision.
The House recedes.
Addition of Woonsocket local protection project (sec. 2875)
The Senate amendment contained a provision (sec. 2863)
that would require the Secretary of the Army to assume
responsibility for the operation and maintenance of the
Woonsocket local protection project in Rhode Island.
The House bill contained no similar provision.
The House recedes with an amendment requiring the city of
Woonsocket to convey the property to the Secretary of the Army
at no cost as a condition of the Secretary's assumption of
responsibility for the project.
Repeal of moratorium on improvements at Fort Buchanan, Puerto Rico
(sec. 2876)
The Senate amendment contained a provision (sec. 2868)
that would repeal those aspects of the moratorium on
construction at Fort Buchanan, Puerto Rico that remain in
effect after exceptions to that moratorium were enacted in
section 2871 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163).
The House bill contained no similar provision.
The House recedes with a technical amendment.
Establishment of national military working dog teams monument on
suitable military installation (sec. 2877)
The House bill contained a provision (sec. 2863) that
would authorize the Secretary of Defense to enter into an
agreement with National War Dogs Monument, Inc., to establish
and maintain, at a suitable location at Fort Belvoir, Virginia,
or another military installation in the United States, a
national monument to honor the sacrifice and service of United
States Armed Forces working dog teams that have participated in
military operations of the United States.
The Senate amendment contained no similar provision.
The Senate recedes.
Report regarding removal of missiles from 564th Missile Squadron (sec.
2878)
The Senate amendment contained a provision (sec. 1033)
that would direct the Secretary of Defense to submit a report
on the feasibility of establishing an association between the
120th Fighter Squadron of the Montana Air National Guard and
active duty personnel stationed at Malmstrom Air Force Base.
The provision would also prevent more than 40 missiles from
being removed from the 564th Missile Squadron until 15 days
after the report was submitted.
The House bill contained no similar provision.
The House recedes.
Report on condition of schools under jurisdiction of Department of
Defense education activity (sec. 2879)
The Senate amendment contained a provision (sec. 2861)
that would require the Secretary of Defense to submit to the
congressional defense committees a report, by March 1, 2008, on
the condition of schools under the jurisdiction of the
Department of Defense Education Activity (DODEA).
This provision would require the Secretary of Defense to
report on the standards for acceptable sizes and conditions of
DODEA school facilities, to assess the existing inventory of
facilities, to develop a master plan and investment strategy to
correct deficiencies, and to submit this plan to the
congressional defense committees.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Report on facilities and operations of Darnall Army Medical Center,
Fort Hood Military Reservation, Texas (sec. 2880)
The Senate amendment contained a provision (sec. 1047)
that would require the Secretary of Defense to submit to the
congressional defense committees a report assessing the
facilities and operations of the Darnall Army Medical Center at
Fort Hood Military Reservation, Texas, including a plan for
correcting any deficiencies identified in the report.
The House bill contained no similar provision.
The House recedes.
Report on feasibility of establishing a regional disaster response
center at Kelly Air Field, San Antonio, Texas (sec. 2881)
The Senate amendment contained a provision (sec. 1080)
that would require the Secretary of Defense, in coordination
with the Secretary of Homeland Security, to submit to Congress
a report on the feasibility of establishing a national disaster
response center at Kelly Air Field in San Antonio, Texas, to
plan, coordinate, and direct the federal, State, and local
response to regional disasters.
The House bill contained no similar provision.
The House recedes with an amendment that would require a
report on a regionally oriented disaster response center at
Kelly Air Field. The amendment would also add findings on the
need for increased disaster response capabilities and would
make clarifying changes.
Naming housing facility at Fort Carson, Colorado, in honor of the
Honorable Joel Hefley, a former member of the United States
House of Representatives (sec. 2882)
The House bill contained a provision (sec. 2864) that
would designate one of the military family housing areas or
facilities constructed for Fort Carson, Colorado, using housing
privatization authorities provided by subchapter IV of chapter
169 of title 10, United States Code, in honor of former
Representative Joel Hefley.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Naming Navy and Marine Corps Reserve Center at Rock Island, Illinois,
in honor of the Honorable Lane Evans, a former member of the
United States House of Representatives (sec. 2883)
The House bill contained a provision (sec. 2865) that
would designate the Navy and Marine Corps Reserve Center at
Rock Island, Illinois, in honor of former Representative Lane
Evans.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Naming a research laboratory at Air Force Rome Research Site, Rome, New
York, in honor of the Honorable Sherwood L. Boehlert, a former
member of the United States House of Representatives (sec.
2884)
The House bill contained a provision (sec. 2866) that
would designate a new laboratory building at the Air Force Rome
Research Site, Rome, New York, as the ``Sherwood L. Boehlert
Engineering Center''.
The Senate amendment contained no similar provision.
The Senate recedes.
Naming an administrative building at Joint Systems Manufacturing
Center, Lima, Ohio, in honor of the Honorable Michael G. Oxley,
a former member of the United States House of Representatives
(sec. 2885)
The House bill contained a provision (sec. 2867) that
would designate the administrative building under construction
at the Joint Systems Manufacturing Center in Lima, Ohio as the
``Michael G. Oxley Administration and Technology Center''.
The Senate amendment contained no similar provision.
The Senate recedes.
Naming of Logistics Automation Training Facility, Army Quartermaster
Center and School, Fort Lee, Virginia, in honor of General
Richard H. Thompson (sec. 2886)
The House bill contained a provision (sec. 2868) that
would designate the Logistics Automation Training Facility of
the Army Quartermaster Center and School at Fort Lee, Virginia,
as the ``General Richard H. Thompson Logistics Automation
Training Facility''.
The Senate amendment contained no similar provision.
The Senate recedes.
Authority to relocate Joint Spectrum Center to Fort Meade, Maryland
(sec. 2887)
The Senate amendment contained a provision (sec. 2843)
that would authorize the Secretary of Defense to carry out an
agreement to relocate the Joint Spectrum Center (JSC) from
Annapolis, Maryland to Fort Meade, Maryland or another military
installation if the Secretary determined that the relocation
would be in the best interest of national security and the
agreement provided equitable terms to facilitate the
relocation.
The House bill contained no similar provision.
The House recedes with an amendment that would designate
any new construction required as part of the agreement to be
authorized in accordance with section 2802 of title 10, United
States Code.
The conferees encourage the Department of Defense to
initiate discussions with Anne Arundel County and their
developer to attempt to reach consensus on equitable terms for
such relocation.
The conferees recognize that critical missions at the JSC
at Annapolis are being conducted in leased facilities that may
not meet the anti-terrorism and force protection (AT-FP)
standards adopted by the Department of Defense in 2005.
Therefore, the conferees direct the Secretary of Defense to
submit to the congressional defense committees by May 30, 2008,
a report on the facility at Annapolis containing the following:
(1) the results of a security and vulnerability
assessment for the facility;
(2) a description of the plan to ensure the
facility meets all of the Department's AT-FP standards;
and
(3) an analysis of the investment required for the
facility to meet AT-FP standards.
Legislative Provisions Not Adopted
General military construction transfer authority
The Senate amendment contained a provision (sec. 2811)
that would provide an authority to transfer up to $200.0
million in military construction authorizations between
projects for fiscal year 2008.
The House bill contained no similar provision.
The Senate recedes.
Modification of land management restrictions applicable to Utah
national defense lands
The Senate amendment contained a provision (sec. 2862)
that would sunset the restrictions contained in section 2815 of
the National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65) on October 1, 2013, and would also clarify
the definition of Utah national defense lands in that Act.
The House bill contained no similar provision.
The Senate recedes.
Report on opportunities for leveraging funds of the Department of
Defense and States to prevent disruption in event of electric
grid or pipeline failures
The House bill contained a provision (sec. 2852) that
would require the Secretary of Defense, acting through the
Under Secretary of Defense for Acquisition, Technology, and
Logistics, to submit to the congressional defense committees a
report on approaches by which the Department of Defense may
leverage Federal and State resources to harden critical
infrastructure to prevent disruptions in the event of major
electric grid, natural gas, or petroleum pipeline failures.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense, acting
through the Under Secretary of Defense for Acquisition,
Technology, and Logistics, to submit a report on approaches by
which the Department of Defense may contribute or receive funds
and other resources, which when combined with resources from
other funding sources, such as State System Benefit Trust
Funds, Clean Air Act State Implementation Funds, and State
Homeland Security Critical Infrastructure Grants, will
accelerate efforts to harden critical functions on and around
military and security facilities to prevent disruptions in the
event of major electric grid, natural gas, or petroleum
pipeline failures. This report should be submitted to the
congressional defense committees not later than 180 days after
the date of the enactment of this Act.
Report on water conservation projects
The Senate amendment contained a provision (sec. 2865)
that would require the Secretary of Defense to submit to the
congressional defense committees a report on water conservation
efforts and methods in the Department of Defense and the
investment levels necessary to meet the Department's water
conservation requirements under Executive Order 13423.
The House bill contained no similar provision.
The Senate recedes.
The conferees agree to direct the Secretary of Defense to
submit a report on this matter. That reporting requirement is
contained elsewhere in the statement of managers.
Retention of proceeds from enhanced use leases at Selfridge Air
National Guard Base
The House bill contained a provision (sec. 2815) that
would direct that all proceeds derived from the execution of an
enhanced use lease (EUL) at Selfridge Air National Guard Base
(ANGB), Michigan be retained by that installation.
The Senate amendment contained no similar provision.
The House recedes.
The conferees understand that the proceeds of the
proposed EUL at Selfridge ANGB are currently anticipated to be
provided entirely on an in-kind basis rather than in cash. The
conferees have been assured that the Air Force intends to use
the proceeds from this lease at Selfridge ANGB and that if the
benefit received by the Air Force ever exceeds what Selfridge
ANGB could put to effective use, the remainder would be applied
to other Air National Guard facilities within the State of
Michigan.
TITLE XXIX--WAR RELATED AND EMERGENCY MILITARY CONSTRUCTION
AUTHORIZATIONS
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Legislative Provisions Adopted
Authorized Army construction and land acquisition projects (sec. 2901)
The House bill contained a provision (sec. 1515) that
would authorize $526.5 million in fiscal year 2008 for Army
military construction projects related to operations in Iraq
and Afghanistan.
The Senate amendment contained a similar provision (sec.
2901) that would authorize $752.7 million for such projects.
The Senate recedes with an amendment that would authorize
$1.26 billion in fiscal year 2008 for Army military
construction projects.
The conference agreement includes funding for additional
projects not included in the House bill or the Senate amendment
that were requested by the President in his budget amendment
submitted on October 22, 2007.
The conferees agree to the reductions in the House bill
to power plants proposed for construction in Iraq. The
conferees do not believe such projects, which would provide
mainly long-term benefits or return on investment, should be
included in the absence of any agreement for a long-term United
States presence in Iraq.
The conferees also agree to prohibit the obligation of
funds for a communication center at Camp Arifjan, Kuwait and a
brick factory at Camp Cropper, Iraq until the Secretary of
Defense provides a report to the congressional defense
committees describing the rationale for and policy implications
of these projects. The conferees note that the legal
implications of having detainees under the control of the
United States performing labor in a brick factory have not been
explained to Congress to date.
Authorized Navy construction and land acquisition projects (sec. 2902)
The House bill contained a provision (sec. 1515) that
would authorize $169.1 million in fiscal year 2008 for Navy
military construction projects to support increasing the size
of the Marine Corps inside the United States.
The Senate amendment contained no similar provision, but
included funding for those projects in title XXII.
The Senate recedes with an amendment that would authorize
$198.8 million in fiscal year 2008 for Navy military
construction projects.
The conference agreement includes funding for additional
projects not included in the House bill or the Senate amendment
that were requested by the President in his budget amendment
submitted on October 22, 2007.
The conferees did not authorize funding requested for two
projects in Djibouti. The conferees share the concerns
expressed in the Senate report accompanying the Military
Construction and Veterans Affairs and Related Agencies
Appropriations Bill, 2008, that large investments in military
construction in Djibouti are not justified at this time given
the absence of a strategy for the new Africa Command or a long-
term lease for the land these facilities in Djibouti would be
built on. Furthermore, the conferees note that the
determination to place a project in a supplemental request
should not be determined by the location of the installation,
but rather on the enduring nature of the investment.
Considering Djibouti's long-term strategic interest to the
United States and the size of the investment proposed, the
Department of Defense should generally insert future military
construction projects for Djibouti into the normal base budget
request. The conferees urge the Department to address these
concerns and resubmit these projects in a future budget
request, if appropriate.
Authorized Air Force construction and land acquisition projects (sec.
2903)
The conferees agree to a provision that would authorize
$258.7 million in military construction projects for the Air
Force in support of operations in Iraq and Afghanistan.
The House and Senate bills included no similar
provisions.
The conference agreement includes funding for additional
projects that were requested by the President in his budget
amendment submitted on October 22, 2007.
The conferees have not authorized funding of $40.0
million requested for replacement of expeditionary facilities
at Al Udeid Air Base, Qatar. The conferees are concerned that
permanent facilities for the same purpose were constructed and
completed in March 2007 from amounts provided in 2004 for
emergency supplemental appropriations, but currently cannot be
inhabited due to a lack of electricity. The conferees note that
the Department of the Air Force may be in violation of section
2801 of title 10, United States Code, which states, ``a
military construction project includes all construction work,
or any contribution authorized by this chapter, necessary to
produce a complete and useable facility. . .'' The conferees
note that the Air Force predicts that the new dormitories,
dining halls, and support facilities at Al Udeid Air Base may
not be ready for occupancy until March 2008, and may require
the use of portable electrical generators at significant
further expense to the Air Force. The conferees direct the
Secretary of the Air Force to ensure the current facilities are
complete and useable with a permanent power source before
requesting any further authorizations for new facilities at Al
Udeid Air Base, Qatar.
The conferees have not authorized funding of $6.3 million
requested to relocate an expeditionary force site at Masirah
Island Air Base, Oman. The conferees note that the project is
required to relocate a current expeditionary site per the
request of the host nation, and that according to the budget
justification documents for this project, the ``current U.S.
mission requirements dictate the need for planned troop
beddowns in the near term at Masirah Island.'' The conferees
note that other statutory authorities exist to permit field
commanders to meet such operational requirements.
Authorized defense agencies construction and land acquisition projects
(sec. 2904)
The conferees agree to a provision that would authorize
$27.6 million in military construction projects for the defense
agencies in support of operations in Iraq and Afghanistan and
to provide facilities for the treatment of wounded service
members.
The House and Senate bills included no similar
provisions.
The conference agreement includes funding for additional
projects that were requested by the President in his budget
amendment submitted on October 22, 2007.
Authorized base closure and realignment activities funded through
Department of Defense Base Closure Account 2005 and related
authorization of appropriations (sec. 2905)
The conferees agree to a provision that would authorize
$415.9 million for military construction projects, planning,
and design, and operation and maintenance for base closure
activities related to the construction of new medical
facilities at the National Naval Medical Center, Bethesda,
Maryland, and Fort Belvoir, Virginia.
The House bill and Senate amendment included no similar
provisions.
This funding was requested by the President in his budget
amendment submitted to Congress on October 22, 2007 and is in
addition to the funding for these same projects authorized in
title XXVII of this Act, which reflects the original February
budget request.
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
Overview
Title XXXI authorizes appropriations for atomic energy
defense activities of the Department of Energy for fiscal year
2008, including: the purchase, construction, and acquisition of
plant and capital equipment; research and development; nuclear
weapons activities; nuclear nonproliferation activities; naval
nuclear propulsion; environmental cleanup; operating expenses;
and other expenses necessary to carry out the purposes of the
Department of Energy Organization Act (Public Law 95-91). This
title authorizes appropriations in five categories: (1)
National Nuclear Security Administration (NNSA); (2) defense
environmental cleanup; (3) other defense activities; (4)
defense nuclear waste disposal; and (5) energy security and
assurance.
The budget request for atomic energy defense activities
at the Department included $15.9 billion for atomic energy
defense activities, a less than 1 percent increase above the
fiscal year 2007 operating plan level. Of the total amount
requested:
(1) $9.4 billion is for NNSA, of which
(a) $6.5 billion is for weapons activities,
(b) $1.7 billion is for defense nuclear
nonproliferation activities, including $50.0 million
for fiscal year 2008 war-related funding,
(c) $808.2 million is for naval reactors, and
(d) $394.7 million is for the Office of the
Administrator;
(2) $5.4 billion is for defense environmental cleanup;
(3) $764.0 million is for other defense activities; and
(4) $292.0 million is for defense nuclear waste disposal.
The budget request also included $5.9 million for energy
security and assurance within energy supply.
The conferees agree to authorize $16.1 billion for atomic
energy defense activities, an increase of $193.3 million above
the budget request.
Of this amount, the conferees agree to authorize:
(1) $9.6 billion for NNSA, of which
(a) $6.5 billion would be for weapons activities, a
decrease of $45.7 million below the budget request,
(b) $2.0 billion would be for defense nuclear
nonproliferation, an increase of $230.0 million above
the budget request,
(c) $808.2 million would be for naval reactors, the
amount of the budget request, and
(d) $400.0 million would be for the Office of the
Administrator, an increase of $5.0 million above the
budget request;
(2) $5.4 billion would be for defense environmental
cleanup activities, an increase of $4.0 million above the
budget request;
(3) $764.0 million would be for other defense activities,
the amount of the budget request; and
(4) $292.0 million would be for defense nuclear waste
disposal, the amount of the budget request.
The conferees agree to authorize $5.9 million for energy
security and assurance, the amount of the budget request.
The following table summarizes the budget request and the
authorizations:
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Item of Special Interest
International Atomic Energy Agency nuclear fuel bank
The conferees support the creation of an international
nuclear fuel bank under the auspices of the International
Atomic Energy Agency (IAEA). Some countries--including Iran--
have justified the need for developing their own uranium
enrichment and reprocessing facilities, which could make
nuclear reactor fuel or nuclear weapons-usable materials, based
on the claim that they could not trust foreign countries to
reliably supply nuclear fuel for their reactors. The creation
of international mechanisms to supplement the international
nuclear fuel market could remove the need for national
enrichment and reprocessing capabilities in states that do not
currently possess them, and support global nonproliferation
efforts and discourage new countries from developing national
uranium enrichment facilities.
The conferees note that the House has already passed H.R.
885, the International Nuclear Fuel for Peace and
Nonproliferation Act, and note that the Senate Committee on
Foreign Relations has reported S. 1138, the Nuclear Safeguards
and Supply Act of 2007. Conferees note that additional work
will be required in order to provide appropriate guidance to
the executive branch regarding criteria for access by foreign
countries to any fuel bank established at the IAEA with
materials or funds provided by the United States.
Legislative Provisions Adopted
National Nuclear Security Administration (sec. 3101)
The House bill contained a provision (sec. 3101) that
would authorize $9.5 billion for the National Nuclear Security
Administration (NNSA) of the Department of Energy, including
funds for weapons activities, defense nuclear nonproliferation
programs, naval reactor programs, and the Office of the
Administrator, an increase of $100.0 million above the budget
request.
The Senate amendment contained a similar provision (sec.
3101) that would authorize $9.5 billion, an increase of $102.9
million above the budget request.
The conferees agree to authorize $9.6 billion for NNSA,
an increase of $189.3 million above the budget request.
The budget request included $6.5 billion for weapons
activities. The House bill would authorize $6.5 billion, the
amount of the budget request. The Senate amendment would
authorize $6.5 billion, a decrease of $39.1 million below the
budget request. The conferees agree to authorize $6.5 billion,
a decrease of $45.7 million below the budget request.
Within weapons activities, the conferees agree to
authorize $66.0 million for the Reliable Replacement Warhead, a
decrease of $22.8 million below the budget request. The
conferees agree to authorize an increase of $20.0 million above
the budget request for weapons dismantlement and disposition.
The budget request included $14.9 million for responsive
infrastructure. The conferees agree to authorize no funds for
this item. The conferees agree to authorize an increase of
$15.1 million above the budget request in inertial confinement
fusion ignition and high yield campaign as follows: a $3.3
million increase for ignition; a $2.5 million increase for
National Ignition Facility (NIF) diagnostics, cryogenics, and
experimental support; and a $9.3 million increase in facility
operations and target production. The conferees also agree to
authorize an increase of $5.0 million above the budget request
in the advanced simulation and computing campaign to support
NIF computational needs. The budget request included $24.9
million for the consolidated plutonium center. The conferees
agree to authorize no funds for this item. In readiness in
technical base and facilities, the conferees agree to authorize
the following increases above the budget request in operations
of facilities: a $36.8 million increase for infrastructure
repair at the Pantex Plant; and a $10.0 million increase for
the Y-12 complex, composed of $5.0 million for infrastructure
repair and $5.0 million for activities in support of the
Uranium Processing Facility. The conferees agree to authorize
$262.7 million for the facilities and infrastructure
recapitalization program, a decrease of $31.0 million below the
budget request. Within safeguards and security, the conferees
agree to authorize an increase of $20.0 million above the
budget request to address training and equipment shortages at
NNSA sites. Within weapons activities, the conferees agree to
authorize the use of $55.0 million of prior year unobligated
balances as a funding adjustment to offset fiscal year 2008
requirements.
The budget request included $1.7 billion for defense
nuclear nonproliferation, including $50.0 million for fiscal
year 2008 war-related funding. The conferees agree to authorize
$2.0 billion, an increase of $180.0 million above the base
budget request and the amount requested for fiscal year 2008
war-related funding (the authorization of $50.0 million for
fiscal year 2008 war-related funding is provided elsewhere in
Division C of this Act). The conferees agree to authorize an
additional $50.0 million in funding for the Nonproliferation
and Verification Research and Development program for
proliferation detection including next-generation nuclear
detection technologies, nuclear explosion monitoring, and
technologies to support improved nuclear material forensic
capabilities. The conferees agree to authorize an additional
$13.0 million in funding for the Nonproliferation and
International Security program as follows: an increase of $8.0
million for Global Initiatives for Proliferation Prevention;
and an increase of $5.0 million for Dismantlement and
Transparency, including technical support to the Six Party
process on the denuclearization of the Korean Peninsula. The
conferees agree to authorize an additional $30.0 million in
funding for the International Nuclear Materials Protection and
Cooperation program as follows: an increase of $20.0 million
for the Second Line of Defense Core program and Megaports; an
increase of $3.0 million to reduce the risk of theft and
proliferation of weapons-usable nuclear materials from the
Russian Federation; and an increase of $7.0 million to ensure
the sustainability of weapons of mass destruction
nonproliferation programs in Russia. The conferees agree to
authorize an additional $10.0 million in funding for the
Elimination of Weapons-Grade Plutonium Production program to
accelerate shutdown of the plutonium producing reactor at
Zheleznogorsk, Russia. The conferees agree to authorize an
additional $77.0 million in funding for the Global Threat
Reduction Initiative as follows: an increase of $5.0 million
for Reduced Enrichment for Research and Test Reactors,
including the conversion of research and test reactors from the
use of highly-enriched uranium to low-enriched uranium; an
increase of $2.0 million for U.S. Radiological Threat
Reduction; an increase of $40.0 million for International
Radiological Threat Reduction; and an increase of $30.0 million
for Emerging Threats and Gap Material. The conferees agree to
authorize $50.0 million for the International Atomic Energy
Agency nuclear fuel bank.
The budget request included $808.2 million for the naval
reactors program. The conferees agree to authorize this program
at the requested level. The budget request included $394.7
million for the Office of the Administrator. The conferees
agree to authorize an increase of $5.0 million above the budget
request within the Office of the Administrator program
direction account for the purposes of expanding and
strengthening staff capacity, capabilities, and resources in
support of defense nuclear nonproliferation activities.
Defense environmental cleanup (sec. 3102)
The House bill contained a provision (sec. 3102) that
would authorize $5.4 billion for the Department of Energy for
defense environmental cleanup for fiscal year 2008, the amount
of the budget request.
The Senate amendment contained a similar provision (sec.
3102) that would authorize $5.4 billion for defense
environmental cleanup, an increase of $47.0 million above the
budget request.
The conferees agree to include a provision that would
authorize $5.4 billion for defense environmental cleanup, an
increase of $4.0 million above the budget request. The
conferees agree to authorize $9.0 million for project 08-D-414/
PED 08-01, the plutonium vitrification facility at the Savannah
River Site, a decrease of $6.0 million below the budget
request. The conferees agree to authorize an additional $10.0
million for technology development and deployment.
Other defense activities (sec. 3103)
The House bill contained a provision (sec. 3103) that
would authorize $764.0 million for the Department of Energy for
other defense activities for fiscal year 2008, the amount of
the budget request.
The Senate amendment contained a similar provision (sec.
3103) that would authorize $664.1 million for the Department of
Energy for other defense activities, a decrease of $100.9
million below the budget request.
The conferees agree to include a provision that would
authorize $764.0 million, the amount of the budget request.
Defense nuclear waste disposal (sec. 3104)
The House bill contained a provision (sec. 3104) that
would authorize $292.0 million for defense nuclear waste
disposal, the amount of the budget request.
The Senate amendment contained a similar provision (sec.
3104) that would authorize $242.0 million, a decrease of $50.0
million below the budget request.
The conferees agree to include a provision that would
authorize $292.0 million, the amount of the budget request.
Energy security and assurance (sec. 3105)
The House bill contained a provision (sec. 3105) that
would authorize $6.0 million for the Department of Energy for
other atomic energy defense activities for fiscal year 2008 for
energy security and assurance programs, an increase of $140,000
above the budget request.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
$5.9 million for energy security and assurance programs, the
amount of the budget request.
The conferees reluctantly provide the funds requested in
acknowledgment of the national security nexus for a limited set
of activities conducted within the Department of Energy Office
of Electricity Delivery and Energy Reliability. If the
Department intends to continue to request some portion of funds
for this office within budget code 050, the conferees expect a
fulsome description of and justification for this funding;
items absent from prior budget requests.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Reliable Replacement Warhead program (sec. 3111)
The Senate amendment contained a provision (sec. 3111)
that would place a cap on the funding available for the
Reliable Replacement Warhead (RRW) program and prohibit funding
for any RRW activities beyond phase 2A.
The House bill contained no similar provision.
The House recedes with an amendment that would prohibit
the National Nuclear Security Administration (NNSA) from using
fiscal year 2008 funds to support activities under the RRW
program beyond phase 2A of the phased nuclear weapons
acquisition process.
The conferees note that House Report 110-146 set forth
the view of Committee on Armed Services of the House of
Representatives that the NNSA RRW program activities should not
exceed phase 2A activities in fiscal year 2008. The conferees
have provided $66.0 million for RRW phase 2A activities.
The conferees believe clarification of the United States'
long-term nuclear weapons policy is a prerequisite to any major
decisions on the size and composition of the nuclear weapons
stockpile and the complex that supports it. To that end, the
conference agreement includes section 1062 establishing a
congressionally appointed bipartisan commission to examine U.S.
nuclear policy and strategic posture, and section 1070,
requiring that a new Nuclear Posture Review be submitted to
Congress in December 2009.
On September 7, 2007, JASON completed a technical review
of the RRW with a focus on the Lawrence Livermore National
Laboratory (LLNL)/Sandia National Laboratory design, now known
as WR1. The review was undertaken at the request of the NNSA.
In this review, JASON made four findings with accompanying
recommendations. The four findings are:
(1) Certification for WR1 will require new experiments,
enhanced computational tools, and improved scientific
understanding of the connection of the results from such
experiments and simulations to the existing nuclear explosive
test data.
(2) The physical understanding of the enhanced surety
features, which address a top requirement for WR1, is still
under development.
(3) New fabrication processes are proposed for WR1 with
the intent of simplifying manufacturing and achieving cost
savings but their impact on performance must be further
understood.
(4) In the absence of new nuclear-explosive testing, the
challenges to certification must be met in a peer review regime
that establishes confidence in the WR1 design. Peer review is
essential to establishing the technical credibility of new
designs. Peer review for RRW certification must play a larger
role than provided for by current NNSA guidelines or envisaged
in the LLNL plans.
The JASON findings begin to identify the challenges of
the RRW program and the scientific work and general processes
that need substantial focus and attention. The conferees
believe that the RRW program will present many scientific
challenges and urge the NNSA to ensure that the stockpile
stewardship scientific, computational, and experimental
capabilities and tools are maintained and expanded as necessary
to support RRW.
The conferees urge the NNSA to approach the RRW program
cautiously, with a commitment to address and resolve all issues
as completely as possible. Using an outside technical review
mechanism, such as JASON, is necessary to fully understand the
technical issues associated with RRW. The conferees urge the
NNSA to consider how a regularized external review could be
undertaken.
Nuclear test readiness (sec. 3112)
The Senate amendment contained a provision (sec. 3121)
that would repeal section 3113 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136) and
extend the requirement for a test readiness report required by
section 4208 of the Atomic Energy Defense Act (50 U.S.C. 2528),
but require the Secretary of Energy to submit the report
biennially on March 1 of each odd-numbered year beginning on
March 1, 2009.
The House bill contained no similar provision.
The House recedes.
Modification of reporting requirement (sec. 3113)
The Senate amendment contained a provision (sec. 3136)
that would modify the report required by section 3111 of the
National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163). Section 3111 required the Secretary of Energy to
submit a report on the Reliable Replacement Warhead (RRW) by
March 2007. The amendment would make the report a biennial
report through 2013. In addition, the provision would require
that the report be submitted in a classified form with an
unclassified summary.
The House bill contained no similar provision.
The House recedes with an amendment that would eliminate
the requirement for a biennial report through 2013 and retain
the requirement that the report be submitted in a classified
form with a detailed unclassified summary.
The conferees note that the Secretary of Energy has
failed to submit the report required by section 3111, and
remind the Secretary that the report was due to Congress on
March 1, 2007. The conferees believe that this report is
important to future decisions about the RRW program.
Limitation on availability of funds for fissile materials disposition
program (sec. 3114)
The Senate amendment contained a provision (sec. 3112)
that would require the Secretary of Energy to certify to the
congressional defense committees what portions of the fiscal
year 2008 and prior fiscal years' funds for the fissile
materials disposition program will be obligated and expended in
fiscal years 2008 and 2009, before any of the fiscal year 2008
funds are obligated or expended. In the event that any of the
fiscal year 2008 funds will not be obligated in fiscal years
2008 or 2009, the provision would authorize the Secretary to
use such fiscal year 2008 funds for obligation to any other
nonproliferation program in which the funds could be obligated
and expended in fiscal years 2008 or 2009.
The House bill contained no similar provision.
The House recedes with an amendment that would prohibit
the Secretary of Energy from obligating more than 75 percent of
the funds authorized to be appropriated for the fissile
materials disposition program for fiscal year 2008 until the
Secretary, in consultation with the Administrator for Nuclear
Security, submits a report to the congressional defense
committees setting forth a plan for obligating and expending
prior year funds that remain available for obligation after
January 1, 2008, as well as fiscal year 2008 funds.
The conferees continue to fully support the goals of the
United States Surplus Fissile Materials Disposition program,
which include disposition of U.S. surplus weapons-grade
plutonium and use of the mixed oxide fuel fabrication facility
for such plutonium disposition. The conferees emphasize that
the program has important nonproliferation benefits and is
consistent with the national security interests of the United
States. The disposition of surplus weapons-grade plutonium will
demonstrate to the international community our commitment to
permanently eliminating materials that could be used for
nuclear weapons.
The conferees also continue to fully support the goals of
the Russian Surplus Fissile Materials Disposition program,
which include disposition of the Russian Federation's surplus
weapons-grade plutonium. However, the conferees are concerned
by the remaining lack of certainty on issues relating to the
path forward for Russian plutonium disposition.
The conferees request an update from the Secretary of
Energy at the earliest possible date on the subjects covered in
the report the Secretary submitted to the congressional defense
committees relating to the Russian Surplus Fissile Materials
Disposition program, in response to the requirement under
section 3121 of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364).
Modification of limitations on availability of funds for waste
treatment and immobilization plant (sec. 3115)
The Senate amendment contained a provision (sec. 3113)
that would amend section 3120a of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364) to require an independent review and certification by the
Secretary of Energy of the earned value management system for
the waste treatment and immobilization plant at the Department
of Energy's Hanford Site.
The House bill contained no similar provision.
The House recedes.
Modification of sunset date of the Office of the Ombudsman of the
Energy Employees Occupational Illness Compensation program
(sec. 3116)
The Senate amendment contained a provision (sec. 3137)
that would extend the sunset date for the Office of the
Ombudsman for the Energy Employees Occupational Illness
Compensation program for 5 years to October 28, 2012.
The House bill contained a similar provision (sec. 3118)
that would permanently establish the Office of the Ombudsman,
provide the Office of the Ombudsman with contracting authority,
and expand the scope of the duties of the office. In addition,
the provision would change the nature of the funding that
supports the office from mandatory to discretionary.
The House recedes.
Technical amendments (sec. 3117)
The Senate amendment contained a provision (sec. 3125)
that would make technical amendments to the Atomic Energy
Defense Act (50 U.S.C. 2521 et seq.)
The House bill contained no similar provision.
The House recedes.
Subtitle C--Other Matters
Study on using existing pits for the Reliable Replacement Warhead
program (sec. 3121)
The House bill contained a provision (sec. 3111) that
would require the Administrator for Nuclear Security, in
consultation with the Nuclear Weapons Council, to analyze and
then report on the feasibility of using existing plutonium pits
to remanufacture warheads in the Reliable Replacement Warhead
(RRW) program. The report to the congressional defense
committees would be due no later than February 1, 2008. The
report would be unclassified but may include a classified
annex.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify
the scope of the study and the report to look at the
feasibility of using existing plutonium pits in the RRW
program, in lieu of newly manufactured pits. The study would
include an analysis of certification, manufacturing, and
technical issues relating to the use of existing plutonium pits
and would be due to the congressional defense committees no
later than 6 months after the date of enactment of this Act.
Report on retirement and dismantlement of nuclear warheads (sec. 3122)
The House bill contained a provision (sec. 3113) that
would direct the Administrator for Nuclear Security, in
consultation with the Nuclear Weapons Council, to submit to the
congressional defense committees a report on the retirement and
dismantlement of the nuclear warheads that are not part of the
enduring stockpile but that have not been dismantled. The
report would be due no later than February 1, 2008 and would
include a plan to accelerate the dismantlement of such nuclear
warheads and an assessment of the feasibility of implementing
an accelerated schedule.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would change
the due date of the report to March 1, 2008. Further, the
amendment would specify that the nuclear warheads that are the
subject of the report would be those warheads that will not be
part of the enduring stockpile as of December 31, 2012, but
that have not yet been dismantled. In addition, the amendment
would require the Administrator to include in the report an
assessment of the capacity of the nuclear weapons complex and
the resources needed to accommodate an accelerated schedule.
Plan for addressing security risks posed to nuclear weapons complex
(sec. 3123)
The House bill contained a provision (sec. 3114) that
would direct the Administrator for Nuclear Security to conduct
an assessment of the physical security and cyber security risks
posed to the nuclear weapons complex at the Department of
Energy (DOE) and the security technologies employed within the
complex. The report on the assessment would be submitted to the
congressional defense committees and would include a site-
specific description of security technologies, a description of
how DOE establishes investment priorities, and a multi-year
plan for replacement and maintenance of technologies.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
that the plan be prepared in consultation with the Director of
the Office of Health, Safety, and Security of the DOE. The
amendment would also add the report as an additional element to
the National Nuclear Security Administration annual future-
years nuclear security program plan.
Department of Energy protective forces (sec. 3124)
The House bill contained a provision (sec. 3112) that
would require the Administrator for Nuclear Security to conduct
a review of the protective forces at the National Nuclear
Security Administration (NNSA) sites and submit a report to the
congressional defense committees setting forth the results of
the review. The report would be due no later than March 1, 2008
and would include an assessment of the potential risks
associated with contractual incentives and mechanisms to
provide protective forces. In addition, the report would
require an assessment of specific alternative management
options for managing the protective forces.
The Senate amendment contained a similar provision (sec.
3124) that would require the Comptroller General of the United
States to report to the Committees on Armed Services of the
Senate and the House of Representatives on the management of
protective forces at the Department of Energy (DOE) sites with
category I nuclear material. This would include the relevant
NNSA sites. The report would be due 180 days after the date of
enactment of this Act and would include a discussion of the
management, contractual structure, training, benefits, and
alternative management options for the DOE protective forces.
The Senate recedes with an amendment that would combine
the elements of each report into companion assessments and
reviews of the protective forces at the DOE and NNSA sites with
category I nuclear materials. These assessments and reviews
would be included in sequential reports, first by the
Comptroller General and then the Administrator for Nuclear
Security. The amendment would require the Comptroller General
report to be submitted 180 days after the date of enactment of
this Act. No later than 90 days following the receipt of the
Comptroller General report the Secretary of Energy, in
conjunction with the Administrator for Nuclear Security and the
Assistant Secretary for Environmental Management, would submit
to the Committees on Armed Services a report on the management
of the protective forces, using the Comptroller General report
as a starting point. The DOE review would include an assessment
of the options for management identified by the Comptroller
General, as well as other options that the Secretary may
identify. In addition, the DOE report would include an analysis
and assessment of the role contractor incentives play in the
management and performance of the protective forces.
Evaluation of National Nuclear Security Administration strategic plan
for advanced computing (sec. 3125)
The Senate amendment contained a provision (sec. 3138)
that would require the Secretary of Energy to enter into an
agreement with an independent entity to conduct an evaluation
of the strategic plan for advanced computing of the National
Nuclear Security Administration (NNSA). The report would be due
180 days after the date of enactment of this Act. The report
would include: an assessment of the role played by NNSA high
performance computing research in maintaining U.S. leadership
in computer capabilities and the impact of funding reductions
to such leadership; the way in which NNSA uses computational
capabilities to support the Stockpile Stewardship programs; the
NNSA relationship with private industry; and the efforts of the
Department of Energy (DOE) to coordinate supercomputing work
within the DOE, with other government agencies, and with
private industry.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
elements of the assessment. Included in the report would be: an
assessment of the adequacy of the strategic plan in supporting
the Stockpile Stewardship program; the role of research and
development in high performance computing in fulfilling the
missions of the NNSA and maintaining U.S. leadership in this
area; and the impact of changes in investment levels or
strategies to fulfill the missions of the NNSA. The amendment
would also require an assessment of DOE efforts to coordinate
supercomputing work within the DOE, to develop joint strategies
with other federal agencies and private industry, and to share
developments and capitalize on innovations with private
industry. This amendment would also require the report to be
submitted by the Secretary of Energy 1 year after the date of
enactment of this Act.
Sense of Congress on the nuclear nonproliferation policy of the United
States and the Reliable Replacement Warhead program (sec. 3126)
The Senate amendment contained a provision (sec. 3122)
that would set forth the sense of Congress that the United
States should take a number of actions with respect to
nonproliferation matters. The provision would also set forth
the sense of Congress that any decision to manufacture or
deploy a Reliable Replacement Warhead should be formulated in
the broader context of the progress made by the United States
toward each of the enumerated goals.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
several of the actions enumerated in the Senate provision. The
amendment would also modify item number five with respect to
the Comprehensive Test Ban Treaty by replacing it with a sense
of Congress that the United States should sustain the Science-
Based Stockpile Stewardship program, which provides the basis
for certifying the U.S. nuclear deterrent and maintaining the
moratorium on underground nuclear weapons testing.
Department of Energy report on plan to strengthen and expand
International Radiological Threat Reduction program (sec. 3127)
The House bill contained a provision (sec. 3115) that
would require the Secretary of Energy to submit a report to
Congress that sets forth a specific plan for strengthening and
expanding the Department of Energy (DOE) International
Radiological Threat Reduction (IRTR) program within the Global
Threat Reduction Initiative. The plan would include actions to
address the issues raised and recommendations made in the March
13, 2007 Government Accountability Office report titled
``Focusing on the Highest Priority Radiological Sources Could
Improve DOE's Efforts to Secure Sources in Foreign Countries.''
The report would be due no later than 60 days after the date of
enactment of this Act.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would direct
the Secretary of Energy to submit the report to Congress no
later than 120 days after the date of enactment of this Act and
would modify several of the elements required to be in the
report. This would include a clarification that the Secretary
should give high priority to materials that present the highest
risk.
The conferees support the idea that the IRTR program
should concentrate on securing the radiological materials that
present the highest risk, but also encourage the DOE to take
advantage of opportunities, as they arise, to increase the
security of radiological materials, even if the materials to be
secured represent a lower comparative risk.
Department of Energy report on plan to strengthen and expand Materials
Protection, Control, and Accounting program (sec. 3128)
The House bill contained a provision (sec. 3116) that
would require the Secretary of Energy to submit to Congress a
report that sets forth a specific plan for strengthening and
expanding the Department of Energy Materials Protection,
Control, and Accounting program. The plan would include actions
to address the issues raised and recommendations made in the
February 2007 Government Accountability Office report titled
``Progress Made in Improving Security at Russian Nuclear Sites,
but the Long-Term Sustainability of U.S. Funded Security
Upgrades is Uncertain.'' The plan would also include a long-
term operational plan to secure all weapons-usable material and
warhead sites as quickly and effectively as possible and ensure
that sufficient funding is available to carry out these
activities. The report would be due 60 days after the date of
enactment of this Act.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify
several of the elements required to be in the report, and would
direct the Secretary to submit the report to Congress no later
than 120 days after the date of enactment of this Act.
Agreements and reports on nuclear forensics capabilities (sec. 3129)
The Senate amendment contained a provision (sec. 3139)
that would authorize the Secretary of Energy, with the
concurrence of the Secretary of State, and in coordination with
the Secretary of Defense, the Secretary of Homeland Security,
and the Director of National Intelligence, to enter into
agreements with countries or other entities to collect data and
conduct such analysis as is needed to determine the source of
components or fissile materials used or attempted to be used in
a nuclear device or weapon. The provision would also require
the Secretary of Energy, in coordination with the Secretary of
State, to submit a report to Congress identifying the progress
made on entering into such agreements, including the
identification of any major obstacles to such agreements. The
provision would also require the President to submit a report
to Congress setting forth the procedures and standards to be
used to determine the source of the nuclear weapons, material,
or component, and whether the country or group knowingly or
negligently provided the material or component used or
attempted to be used. This report would also assess the
capability to make such a determination and a plan for
addressing any capability shortfalls.
The House bill contained no similar provision.
The House recedes with a technical amendment.
The conferees urge the Secretary of Energy to identify in
the portion of the report dealing with international
agreements, in the section identifying any obstacles to
completing such agreements, any additional legal or
administrative authorities that are needed to implement such
agreements, if such additional authorities are needed.
Report on status of environmental management initiatives to accelerate
the reduction of environmental risks and challenges posed by
the legacy of the Cold War (sec. 3130)
The Senate amendment contained a provision (sec. 3123)
that would require the Secretary of Energy to prepare a report
on the status of environmental management initiatives,
including the progress made in reducing environmental risks and
challenges, the status of enforceable milestones and plans for
the future, any proposals for legislation to carry out
environmental management initiatives, and an estimate of the
life cycle cost of the environmental management program. The
report would be submitted to the congressional defense
committees concurrent with the budget justification materials
in support of the Department of Energy's budget for fiscal year
2009. The provision would also require the Secretary to submit
the report to the Government Accountability Office for review.
The Comptroller General would be allotted 180 days to review
and assess the required report and then submit a report to the
congressional defense committees setting forth the results of
the review.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
date for submittal of the report and the elements to be
included. The amendment would require the Secretary to submit
the report to the congressional defense committees and the
Government Accountability Office not later than September 30,
2008. The amendment would require a listing of major mandatory
milestones and commitments, together with a summary providing a
more general description of milestones or types of milestones
that are projected to be or are in jeopardy of being missed at
each site. The amendment would also require a description of
the process currently being instituted by the Department in its
Order 430.1A for the nomination and acceptance of new work
scope into the environmental management program, as well as a
listing of pending nominations, and life cycle cost estimates
and schedules to address them. The amendment would further
require an estimate of the life cycle cost of the current
program scope. Finally, the amendment would require the
Comptroller General to submit a review of the report to the
congressional defense committees not later than March 30, 2009.
Subtitle D--Nuclear Terrorism Prevention
Definitions (sec. 3131)
The Senate amendment contained a provision (sec. 3131)
that would define terms used in sections 3132 through 3135 of
the Senate amendment. These provisions relate to nuclear
terrorism prevention.
The House bill contained no similar provision.
The House recedes.
Sense of Congress on the prevention of nuclear terrorism (sec. 3132)
The Senate amendment contained a provision (sec. 3133)
that would set forth the sense of Congress that the President
should: make the prevention of a nuclear terrorist attack on
the United States of the highest priority; request additional
funding to accelerate programs to prevent nuclear terrorism;
and work with the international community to reduce the dangers
of nuclear terrorism. The provision would further state that
the United States and the international community should make
additional efforts to ensure that all nuclear weapons worldwide
are secure and accounted for and that formula quantities of
strategic special nuclear material worldwide are eliminated,
removed, or secure and accounted for. The provision would also
specify that the International Atomic Energy Agency should be
funded appropriately to fulfill its role in protecting nuclear
material and combating nuclear smuggling.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Minimum security standard for nuclear weapons and formula quantities of
strategic special nuclear material (sec. 3133)
The Senate amendment contained a provision (sec. 3134)
that would set forth the policy of the United States to work
with the international community to ensure that nuclear weapons
around the world are secure and accounted for and that all
formula quantities of strategic special nuclear material are
eliminated, removed, or are secure and accounted for. In
furtherance of this policy, the provision would set forth
actions that the President should take to seek the broadest
possible international agreement on a global standard for
nuclear security and to work with other countries and the
International Atomic Energy Agency to ensure that security of
nuclear weapons and formula quantities of strategic special
nuclear material is upgraded to meet the global standard.
Actions that the United States takes in support of this goal
would include providing appropriate financial and technical
support to support security upgrades, and working with other
governments to ensure that appropriate security rules,
regulations, and enforcement measures are in place.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
that the statements urging presidential action reflect the
sense of Congress.
Annual report (sec. 3134)
The Senate amendment contained a provision (sec. 3135)
that would require the President, in consultation with relevant
federal departments and agencies, to submit an annual report to
Congress on the security of nuclear weapons, formula quantities
of strategic special nuclear material, radiological material,
and related equipment around the world. The report would
include a section on relevant programs and would specifically
include: a list of facilities and sites that are determined to
be the highest priority for security and accounting of nuclear
weapons and related equipment, or the elimination, removal or
security and accounting of formula quantities of strategic
special nuclear material and radiological materials; a related
prioritized diplomatic and technical plan that includes the
role that the international community is playing and could
play, including a plan for securing contributions; and an
assessment of the progress made in implementing the plan. The
report would be due annually on September 1, beginning on
September 1, 2008.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
report to nuclear weapons and related equipment and formula
quantities of strategic nuclear material. In addition, the
amendment would clarify that the report would not cover such
weapons, material, and equipment in the United States. The
amendment would sunset the reporting requirement after calendar
year 2012.
Legislative Provisions Not Adopted
Authority to use International Nuclear Materials Protection and
Cooperation program funds outside the former Soviet Union
The House bill contained a provision (sec. 3117) that
would amend section 3124 of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136) to modify certain
emergency authorities relating to the use of Department of
Energy International Nuclear Materials Protection and
Cooperation program funds outside the former Soviet Union.
The Senate amendment contained no similar provision.
The House recedes.
Findings
The Senate amendment contained a provision (sec. 3132)
that would set forth a number of findings concerning: the
possibility that terrorists may acquire and use a nuclear
weapon against the United States; the programs and
international mechanisms designed to address that threat; and
the recognition that additional efforts are needed to address
that threat.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the ``National Strategy for
Combating Terrorism'' states that ``[w]eapons of mass
destruction in the hands of terrorists is one of the gravest
threats we face.'' Similarly, former Senator Sam Nunn has
stated that ``[s]tockpiles of loosely guarded nuclear weapons
material are scattered around the world, offering inviting
targets for theft or sale.''
The conferees support strengthening and expanding, as
much as possible, the programs designed to address these
threats and other threats arising from the proliferation of
nuclear, as well as radiological, weapons and weapons-related
materials, technologies, and expertise. Such programs include
the nonproliferation programs of the Department of Energy
(DOE). These programs are critical to U.S. national security
and should be a top priority. Significant progress has been
made over the last 15 years, but much remains to be done. The
DOE nonproliferation programs would benefit from additional
funding to support new and expanded program activities.
Elsewhere in this Act, the conferees have included a number of
provisions and additional funding for these programs to ensure
that, wherever possible, actions are taken to address threats
involving nuclear and radiological weapons, and weapons-related
materials, technologies, and expertise, including actions to
reduce the possibility that a terrorist could ever acquire and
use a nuclear weapon against the United States.
TITLE XXXII--WAR RELATED NATIONAL NUCLEAR SECURITY ADMINISTRATION
AUTHORIZATIONS
Legislative Provision Adopted
Additional war-related authorization of appropriations for National
Nuclear Security Administration (sec. 3201)
The House bill contained a provision (sec. 1517) that
would authorize $50.0 million in additional fiscal year 2008
funding for Operation Iraqi Freedom and Operation Enduring
Freedom for defense nuclear nonproliferation, the amount of the
fiscal year 2008 war-related budget request for that purpose.
The Senate amendment contained a similar provision (sec.
3101) that would include in the overall amount authorized for
defense nuclear nonproliferation an additional $50.0 million
for the defense nuclear nonproliferation programs requested in
the fiscal year 2008 war-related budget.
The Senate recedes with an amendment that would specify
that of the amounts authorized, $30.0 million is for the
International Nuclear Materials Protection and Cooperation
program and $20.0 million is for the Global Threat Reduction
Initiative.
TITLE XXXIII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Legislative Provision Adopted
Authorization (sec. 3301)
The House bill contained a provision (sec. 3201) that
would authorize $22.5 million for fiscal year 2008 for the
Defense Nuclear Facilities Safety Board (DNFSB).
The Senate amendment contained a similar provision (sec.
3201) that would authorize $27.5 million for the DNFSB.
The Senate recedes.
The conferees are concerned that in the future the DNFSB
may not have the resources to attract and retain the technical
staff needed to meet its statutory responsibilities.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Legislative Provisions Adopted
Authorization of appropriations (sec. 3401)
The House bill contained a provision (sec. 3401) that
would authorize $17.3 million for the operation and maintenance
of the Naval Petroleum and Oil Shale Reserves.
The Senate amendment contained no similar provision.
The Senate recedes.
Remedial action at Moab Uranium milling site (sec. 3402)
The House bill contained a provision (sec. 3402) that
would require the Secretary of Energy to complete remediation
at the Moab site and remove the tailings to the Crescent
Junction site in Utah no later than October 1, 2019.
The Senate amendment contained a similar provision (sec.
879) that would require the Secretary to develop a strategy to
complete the remediation of the Moab site no later than January
1, 2019. In addition, the provision would direct the Secretary
of Energy to submit a report to the Committee on Energy and
Natural Resources of the Senate, the Committee on Energy and
Commerce of the House of Representatives, and the Committee on
Appropriations of each of the Senate and the House of
Representatives on how the existing cost, scope, and schedule
for remediation would be changed to meet the implementation
plan
The Senate recedes with an amendment that would direct
the Secretary of Energy to submit a report to Congress no later
than October 2, 2019, if the Secretary will not be able to
complete the remediation at the Moab site by October 1, 2019.
The conferees urge the Secretary to submit any such
report notifying Congress of any delay as soon as the Secretary
of Energy is aware of any delay.
TITLE XXXV--MARITIME ADMINISTRATION
Legislative Provisions Adopted
Authorization of appropriations for fiscal year 2008 (sec. 3501)
The House bill contained a provision (sec. 3501) that
would authorize a total of $135.3 million for fiscal year 2008,
equal to the President's budget request. Of the amount
authorized, $20.0 million would be available for the disposal
of obsolete vessels; $13.8 million for capital improvements at
the United States Merchant Marine Academy; and $8.3 million for
maintenance and repair of school ships at the State Maritime
Academies.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would increase
the amount authorized by an additional $9.0 million. Of the
additional amount authorized, $1.5 million would be for
maintenance and repair of school ships at the State Maritime
Academies; and $2.5 million would be for expenses and capital
improvements at the United States Merchant Marine Academy.
The amendment would further clarify the amounts currently
authorized in law for expenses: to maintain and preserve a U.S.
flag merchant fleet under chapter 531 of title 46, United
States Code, $156.0 million; for paying reimbursement under
section 3517 of the Maritime Security Act of 2003 (46 U.S.C.
53101 note), $19.5 million; for assistance to small shipyards
and maritime communities under section 54101 of title 46,
United States Code, $25.0 million; and for the cost (as defined
in section 502(5) of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a(5)) of loan guarantees under the program authorized
by chapter 537 of title 46, United States Code, $30.0 million.
Temporary authority to transfer obsolete combatant vessels to the Navy
for disposal (sec. 3502)
The House bill contained a provision (sec. 3502) that
would allow the Secretary of Transportation to transfer no
fewer than three combatant vessels in the non-retention fleet
of the Maritime Administration to the Navy for disposal.
The Senate amendment contained no similar provision.
The Senate recedes.
Vessel disposal program (sec. 3503)
The House bill contained a provision (sec. 3503) that
would require the Secretary of Transportation to submit a
comprehensive report on the current plan for disposal of
vessels in the non-retention fleet of the Maritime
Administration.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Transportation to convene a working group
composed of representatives from the Department of the Navy,
the Maritime Administration, the Coast Guard, the Environmental
Protection Agency, and the National Oceanic and Atmospheric
Administration, and any other federal or State organizations
who deal with the disposal of obsolete vessels. The Secretary
is directed to charter the working group to make
recommendations for the best practices that meet or exceed, and
harmonize, the requirements of federal and State environmental
laws and regulations applicable to the storage, disposal, and
interim transportation of such vessels. The amendment would
further require the Secretary to report the results of the
working group to the Senate Committee on Commerce, Science, and
Transportation, and the Committees on Armed Services of the
Senate and the House of Representatives.
Subtitle B--Programs
Commercial vessel chartering authority (sec. 3511)
The Senate amendment contained a provision (sec. 5101)
that would amend chapter 575 of title 46, United States Code,
to allow the Secretary of Transportation to enter into
contracts or other agreements on behalf of the United States to
purchase, charter, operate, or otherwise acquire the use of any
vessels documented under chapter 121 of title 46, United States
Code. The amendment would authorize the Secretary to use this
authority as the Secretary deems appropriate.
The House bill contained no similar provision.
The House recedes.
Maritime Administration vessel chartering authority (sec. 3512)
The Senate amendment contained a provision (sec. 5102)
that would amend section 50303 of title 46, United States Code,
to allow the Administrator of the Maritime Administration to
charter vessels under the control of the Administrator. The
consent of the Secretary of Defense would be required for
vessels in the Ready Reserve Force or in the National Defense
Reserve Fleet maintained in a retention status.
The House bill contained no similar provision.
The House recedes.
Chartering to State and local governmental instrumentalities (sec.
3513)
The Senate amendment contained a provision (sec. 5103)
that would amend section 11(b) of the Merchant Ship Sales Act
of 1946 (50 U.S.C. App. 1744(b)), which would allow for
chartering of vessels of the Ready Reserve Fleet on a
reimbursable basis to States, localities, or territories of the
United States.
The House bill contained no similar provision.
The House recedes.
Disposal of obsolete Government vessels (sec. 3514)
The Senate amendment contained a provision (sec. 5104)
that would amend section 6(c)(1) of the National Maritime
Heritage Act of 1994 (16 U.S.C. 5404(c)(1)), which would
require the establishment of a priority system for the disposal
of obsolete vessels consistent with their material condition
and their subsequent danger to the environment.
The House bill contained no similar provision.
The House recedes.
Vessel transfer authority (sec. 3515)
The Senate amendment contained a provision (sec. 5105)
that would amend section 50304 of title 46, United States Code,
to allow for the Secretary of Transportation to charter to
other departments of the United States Government vessels under
the jurisdiction of the Secretary, with prior consent required
by the Secretary of Defense for vessels in the Ready Reserve
Force or the National Defense Reserve Fleet.
The House bill contained no similar provision.
The House recedes.
Sea trials for the Ready Reserve force (sec. 3516)
The Senate amendment contained a provision (sec. 5106)
that would amend section 11(c)(1)(B) of the Merchant Ship Sales
Act of 1946 (50 U.S.C. App. 1744(c)(1)(B)) to change the period
of activation and sea trials of vessels of the Ready Reserve
Force to every 30 months, which would conform with current
Coast Guard regulations.
The House bill contained no similar provision.
The House recedes.
Review of applications for loans and guarantees (sec. 3517)
The Senate amendment contained a provision (sec. 5107)
that would require the Administrator of the Maritime
Administration to develop a comprehensive plan for the review
of traditional and non-traditional applications for loans and
guarantees under chapter 537 of title 46, United States Code.
The House bill contained no similar provision.
The House recedes with an amendment that contains a
statement of findings and would require, within 90 days of
receipt of all required documentation for a loan or guarantee,
defined as a traditional loan, under chapter 537 of title 46,
United States Code, the Administrator to either accept or
reject such application. The amendment would also require that
within 180 days of receipt of all required documentation for a
loan or guarantee, defined as a non-traditional loan under
chapter 537 of title 46, United States Code, the Administrator
to either accept or reject such application.
Subtitle C--Technical Corrections
Technical corrections (secs. 3521-3529)
The Senate amendment contained a Title (Title LII--
Technical Corrections) including a series of provisions (secs.
5201-5210) that would make corrections to various sections of
title 46, United States Code.
The House bill contained no similar provision.
The House recedes to the following provisions of the
Senate amendment: section 5202 (as amended); section 5203;
section 5204; section 5205; section 5206; section 5207; section
5208, with the exception of subsection (c), (Oceanographic
Research Vessels); section 5209; and section 5210.
The conferees understand that these provisions are
technical or clarifying in nature and are part of the ongoing
work of the Office of Law Revision Counsel to complete the re-
codification of title 46, United States Code. The Committee on
the Judiciary has reported legislation, H.R. 3387, with an
accompanying report (H. Rept. 110-437) that would make
substantially the same technical and clarifying changes to
title 46.
Legislative Provisions Not Adopted
Short title
The Senate amendment contained a provision (sec. 5001)
that would name the division of the bill as the ``Maritime
Administration Authorities Act of 2007''.
The House bill contained no similar provision.
The Senate recedes.
Technical corrections
The Senate amendment contained a Title (Title LII--
Technical Corrections) including a series of provisions (secs.
5201-5210) that would make corrections to various sections of
title 46, United States Code.
The House bill contained no similar provision.
The Senate recedes to the following provisions: section
5201; subsection (a) of section 5202, Personal Injury to or
Death of Seamen; and subsection (c) of section 5208,
Oceanographic Research Vessels.
The conferees were advised by the Committee on the
Judiciary of the House of Representatives and the Committee on
Transportation and Infrastructure of the House of
Representatives that these provisions would not be necessary in
connection with the re-codification and could have unintended
substantive effect.
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From the Committee on Armed Services, for
consideration of the House bill and the Senate
amendment, and modifications committed to
conference:
Ike Skelton,
John M. Spratt,
Gene Taylor,
Neil Abercrombie,
Silvestre Reyes,
Vic Snyder,
Adam Smith,
Loretta Sanchez,
Mike McIntyre,
Ellen O. Tauscher,
Robert A. Brady,
Robert E. Andrews,
Susan A. Davis,
Richard Larsen,
Jim Cooper,
Jim Marshall,
Madeleine Z. Bordallo,
Mark Udall,
Duncan Hunter,
Jim Saxton,
John M. McHugh,
Terry Everett,
Roscoe Bartlett,
Howard ``Buck'' McKeon,
Mac Thornberry,
Walter B. Jones,
Robin Hayes,
W. Todd Akin,
J. Randy Forbes,
Joe Wilson,
Michael R. Turner,
John Kline,
Thelma Drake,
From the Permanent Select Committee on
Intelligence, for consideration of matters
within the jurisdiction of that committee under
clause 11 of rule X:
Leonard L. Boswell,
Pat J. Murphy,
From the Committee on Education and Labor, for
consideration of secs. 561, 562, 675, 953, and
3118 of the House bill, and secs. 561, 562,
564, 565, and 3137 of the Senate amendment, and
modifications committed to conference:
Joe Courtney,
Timothy Walberg,
From the Committee on Energy and Commerce, for
consideration of secs. 311-313 and 1082 of the
Senate amendment, and modifications committed
to conference:
John D. Dingell,
Albert R. Wynn,
From the Committee on Foreign Affairs, for
consideration of secs. 831, 833, 1022, 1201,
1203, 1204, 1206-1208, 1221, 1222, 1231, 1241,
1242, Title XIII, and sec. 3117 of the House
bill, and secs. 871, 934, 1011, 1201-1203,
1205, 1211, 1212, 1214, 1215, 1217, 1219, 1232,
Title XIII, secs. 1511, 1512, 1532, 1533, 1539-
1542, 1571, 1574-1576, 1579, 3134, and 3139 of
the Senate amendment, and modifications
committed to conference:
Tom Lantos,
Gary Ackerman,
Ileana Ros-Lehtinen,
From the Committee on Homeland Security, for
consideration of sec. 1076 of the Senate
amendment, and modifications committed to
conference:
Bennie G. Thompson,
Christopher P. Carney,
Daniel E. Lungren,
From the Committee on Oversight and Government
Reform, for consideration of secs. 325, 326,
328-330, 604, 653, 674, 801, 802, 814, 815,
821-824, 1101-1112, 1221, 1231, and 1451 of the
House bill, and secs. 366-370, 603, 684, 821,
823, 842, 845, 846, 871, 902, 937, 1064, 1069,
1074, 1093, 1101-1106, 1108, 1540, 1542, and
2851 of the Senate amendment, and modifications
committed to conference:
Henry A. Waxman,
From the Committee on Science and Technology,
for consideration of secs. 846, 1085, and 1088
of the Senate amendment, and modifications
committed to conference:
Bart Gordon,
Gabrielle Giffords,
Vernon J. Ehlers,
From the Committee on Small Business, for
consideration of secs. 828, 1085, 1088, 4001,
4002, 4101-4103, 4201-4203, and 4301-4305 of
the Senate amendment, and modifications
committed to conference:
Nydia M. Velazquez,
Jason Altmire,
From the Committee on Transportation and
Infrastructure, for consideration of secs. 523
and 1048 of the House bill, and secs. 311-313,
353, 1070, 2853, 2855, 2863, 5101, 5202, and
5208 of the Senate amendment, and modifications
committed to conference:
Sam Graves,
From the Committee on Veterans Affairs, for
consideration of secs. 525, 1421, 1433, and
1453 of the House bill, and secs. 701, 710,
1084, 1611, 1612, 1621, 1626, 1634, 1641, 1654,
1662, and 1702-1712 of the Senate amendment,
and modifications committed to conference:
Bob Filner,
Mike Michaud,
Steve Buyer,
From the Committee on Ways and Means, for
consideration of sec. 536 of the Senate
amendment, and modifications committed to
conference:
Dave Camp,
Managers on the Part of the House.
Carl Levin,
Ted Kennedy,
J. Lieberman,
Jack Reed,
Daniel K. Akaka,
Bill Nelson,
Ben Nelson,
Evan Bayh,
Mark Pryor,
Jim Webb,
Claire McCaskill,
J. Warner,
James M. Inhofe,
Jeff Sessions,
Susan M. Collins,
Saxby Chambliss,
Lindsey Graham,
Elizabeth Dole,
John Cornyn,
Mel Martinez,
Managers on the Part of the Senate.